U.S. Congress - Text of S.3213 as Placed on Calendar Senate Omnibus Public Land Management Act of 2008
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A bill to designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.
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S 3213 PCSCommentsClose CommentsPermalink
Calendar No. 855CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3213CommentsClose CommentsPermalink
To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
June 26, 2008CommentsClose CommentsPermalink
Mr. BINGAMAN introduced the following bill; which was read the first timeCommentsClose CommentsPermalink
June 27, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.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 ‘Omnibus Public Land Management 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--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
Sec. 101. Designation of wilderness, Monongahela National Forest, West Virginia.CommentsClose CommentsPermalink
Sec. 102. Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest.CommentsClose CommentsPermalink
Sec. 103. Monongahela National Forest boundary confirmation.CommentsClose CommentsPermalink
Sec. 104. Enhanced Trail Opportunities.CommentsClose CommentsPermalink
Subtitle B--Virginia Ridge and Valley Wilderness
Sec. 111. Definitions.CommentsClose CommentsPermalink
Sec. 112. Designation of additional National Forest System land in Jefferson National Forest, Virginia, as wilderness or a wilderness study area.CommentsClose CommentsPermalink
Sec. 113. Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia.CommentsClose CommentsPermalink
Sec. 114. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia.CommentsClose CommentsPermalink
Sec. 115. Trail plan and development.CommentsClose CommentsPermalink
Sec. 116. Maps and boundary descriptions.CommentsClose CommentsPermalink
Sec. 117. Effective date.CommentsClose CommentsPermalink
Subtitle C--Mt. Hood Wilderness, Oregon
Sec. 121. Definitions.CommentsClose CommentsPermalink
Sec. 122. Designation of wilderness areas.CommentsClose CommentsPermalink
Sec. 123. Designation of streams for wild and scenic river protection in the Mount Hood area.CommentsClose CommentsPermalink
Sec. 124. Mount Hood National Recreation Area.CommentsClose CommentsPermalink
Sec. 125. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek.CommentsClose CommentsPermalink
Sec. 126. Land exchanges.CommentsClose CommentsPermalink
Sec. 127. Tribal provisions; planning and studies.CommentsClose CommentsPermalink
Subtitle D--Copper Salmon Wilderness, Oregon
Sec. 131. Designation of the Copper Salmon Wilderness.CommentsClose CommentsPermalink
Sec. 132. Wild and Scenic River Designations, Elk River, Oregon.CommentsClose CommentsPermalink
Sec. 133. Protection of tribal rights.CommentsClose CommentsPermalink
Subtitle E--Cascade-Siskiyou National Monument, Oregon
Sec. 141. Definitions.CommentsClose CommentsPermalink
Sec. 142. Voluntary grazing lease donation program.CommentsClose CommentsPermalink
Sec. 143. Box R Ranch land exchange.CommentsClose CommentsPermalink
Sec. 144. Deerfield land exchange.CommentsClose CommentsPermalink
Sec. 145. Soda Mountain Wilderness.CommentsClose CommentsPermalink
Sec. 146. Effect.CommentsClose CommentsPermalink
Subtitle F--Owyhee Public Land Management
Sec. 151. Definitions.CommentsClose CommentsPermalink
Sec. 152. Owyhee Science Review and Conservation Center.CommentsClose CommentsPermalink
Sec. 153. Wilderness areas.CommentsClose CommentsPermalink
Sec. 154. Designation of wild and scenic rivers.CommentsClose CommentsPermalink
Sec. 155. Land identified for disposal.CommentsClose CommentsPermalink
Sec. 156. Tribal cultural resources.CommentsClose CommentsPermalink
Sec. 157. Recreational travel management plans.CommentsClose CommentsPermalink
Sec. 158. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle G--Boundary Adjustment, Frank Church River of No Return Wilderness
Sec. 161. Purposes.CommentsClose CommentsPermalink
Sec. 162. Definitions.CommentsClose CommentsPermalink
Sec. 163. Boundary adjustment.CommentsClose CommentsPermalink
Sec. 164. Conveyance of land designated for exclusion.CommentsClose CommentsPermalink
Subtitle H--Rocky Mountain National Park Wilderness
Sec. 171. Definitions.CommentsClose CommentsPermalink
Sec. 172. Rocky Mountain National Park Wilderness.CommentsClose CommentsPermalink
Sec. 173. Grand River Ditch and Colorado-Big Thompson projects.CommentsClose CommentsPermalink
Sec. 174. East Shore Trail Area.CommentsClose CommentsPermalink
Sec. 175. National forest area boundary adjustments.CommentsClose CommentsPermalink
Sec. 176. Authority to lease Leiffer tract.CommentsClose CommentsPermalink
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
Sec. 201. Definitions.CommentsClose CommentsPermalink
Sec. 202. Establishment of the National Landscape Conservation System.CommentsClose CommentsPermalink
Sec. 203. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Prehistoric Trackways National Monument
Sec. 211. Findings.CommentsClose CommentsPermalink
Sec. 212. Definitions.CommentsClose CommentsPermalink
Sec. 213. Establishment.CommentsClose CommentsPermalink
Sec. 214. Administration.CommentsClose CommentsPermalink
Sec. 215. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
Sec. 221. Definitions.CommentsClose CommentsPermalink
Sec. 222. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area.CommentsClose CommentsPermalink
Sec. 223. Management of the Conservation Area.CommentsClose CommentsPermalink
Sec. 224. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle D--Snake River Birds of Prey National Conservation Area
Sec. 231. Snake River Birds of Prey National Conservation Area.CommentsClose CommentsPermalink
Subtitle E--Rio Puerco Watershed Management Program
Sec. 241. Rio Puerco Watershed Management Program.CommentsClose CommentsPermalink
Subtitle F--Land Conveyances and Exchanges
Sec. 251. Pima County, Arizona, land exchange.CommentsClose CommentsPermalink
Sec. 252. Southern Nevada limited transition area conveyance.CommentsClose CommentsPermalink
Sec. 253. Nevada Cancer Institute land conveyance.CommentsClose CommentsPermalink
Sec. 254. Turnabout Ranch land conveyance, Utah.CommentsClose CommentsPermalink
Sec. 255. Boy Scouts land exchange, Utah.CommentsClose CommentsPermalink
Sec. 256. Douglas County, Washington, land conveyance.CommentsClose CommentsPermalink
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
Sec. 301. Watershed restoration and enhancement agreements.CommentsClose CommentsPermalink
Subtitle B--Wildland Firefighter Safety
Sec. 311. Wildland firefighter safety.CommentsClose CommentsPermalink
Subtitle C--Wyoming Range
Sec. 321. Definitions.CommentsClose CommentsPermalink
Sec. 322. Withdrawal of certain land in the Wyoming range.CommentsClose CommentsPermalink
Sec. 323. Acceptance of the donation of valid existing mining or leasing rights in the Wyoming range.CommentsClose CommentsPermalink
Subtitle D--Land Conveyances and Exchanges
Sec. 331. Land conveyance to City of Coffman Cove, Alaska.CommentsClose CommentsPermalink
Sec. 332. Beaverhead-Deerlodge National Forest land conveyance, Montana.CommentsClose CommentsPermalink
Sec. 333. Santa Fe National Forest; Pecos National Historical Park Land Exchange.CommentsClose CommentsPermalink
Sec. 334. Santa Fe National Forest Land Conveyance, New Mexico.CommentsClose CommentsPermalink
Sec. 335. Kittitas County, Washington land conveyance.CommentsClose CommentsPermalink
Sec. 336. Mammoth Community Water District use restrictions.CommentsClose CommentsPermalink
TITLE IV--FOREST LANDSCAPE RESTORATION
Sec. 401. Purpose.CommentsClose CommentsPermalink
Sec. 402. Definitions.CommentsClose CommentsPermalink
Sec. 403. Collaborative Forest Landscape Restoration Program.CommentsClose CommentsPermalink
Sec. 404. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
Sec. 501. Fossil Creek, Arizona.CommentsClose CommentsPermalink
Sec. 502. Snake River Headwaters, Wyoming.CommentsClose CommentsPermalink
Sec. 503. Taunton River, Massachusetts.CommentsClose CommentsPermalink
Subtitle B--Additions to the National Trails System
Sec. 511. Arizona National Scenic Trail.CommentsClose CommentsPermalink
Sec. 512. New England National Scenic Trail.CommentsClose CommentsPermalink
Sec. 513. Ice Age Floods National Geologic Trail.CommentsClose CommentsPermalink
Sec. 514. Washington-Rochambeau Revolutionary Route National Historic Trail.CommentsClose CommentsPermalink
Subtitle C--National Trail System Amendments
Sec. 521. National Trails System willing seller authority.CommentsClose CommentsPermalink
Sec. 522. Revision of feasibility and suitability studies of existing national historic trails.CommentsClose CommentsPermalink
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--National Parks and Federal Recreational Lands Pass Discount
Sec. 601. National Parks and Federal Recreational Lands Pass for eligible individuals.CommentsClose CommentsPermalink
Subtitle B--Competitive Status for Federal Employees in Alaska
Sec. 611. Competitive status for certain Federal employees in the State of Alaska.CommentsClose CommentsPermalink
Subtitle C--National Tropical Botanical Garden
Sec. 621. Authorization of appropriations for National Tropical Botanical Garden.CommentsClose CommentsPermalink
Subtitle D--Management of the Baca National Wildlife Refuge
Sec. 631. Baca National Wildlife Refuge.CommentsClose CommentsPermalink
Subtitle E--Paleontological Resources Preservation
Sec. 641. Definitions.CommentsClose CommentsPermalink
Sec. 642. Management.CommentsClose CommentsPermalink
Sec. 643. Public awareness and education program.CommentsClose CommentsPermalink
Sec. 644. Collection of paleontological resources.CommentsClose CommentsPermalink
Sec. 645. Curation of resources.CommentsClose CommentsPermalink
Sec. 646. Prohibited acts; criminal penalties.CommentsClose CommentsPermalink
Sec. 647. Civil penalties.CommentsClose CommentsPermalink
Sec. 648. Rewards and forfeiture.CommentsClose CommentsPermalink
Sec. 649. Confidentiality.CommentsClose CommentsPermalink
Sec. 650. Regulations.CommentsClose CommentsPermalink
Sec. 651. Savings provisions.CommentsClose CommentsPermalink
Sec. 652. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
Sec. 701. Paterson Great Falls National Historical Park, New Jersey.CommentsClose CommentsPermalink
Sec. 702. Thomas Edison National Historical Park, New Jersey.CommentsClose CommentsPermalink
Subtitle B--Amendments to Existing Units of the National Park System
Sec. 711. Funding for Keweenaw National Historical Park.CommentsClose CommentsPermalink
Sec. 712. Location of visitor and administrative facilities for Weir Farm National Historic Site.CommentsClose CommentsPermalink
Sec. 713. Little River Canyon National Preserve boundary expansion.CommentsClose CommentsPermalink
Sec. 714. Hopewell Culture National Historical Park boundary expansion.CommentsClose CommentsPermalink
Sec. 715. Jean Lafitte National Historical Park and Preserve boundary adjustment.CommentsClose CommentsPermalink
Sec. 716. Minute Man National Historical Park.CommentsClose CommentsPermalink
Sec. 717. Everglades National Park.CommentsClose CommentsPermalink
Sec. 718. Kalaupapa National Historical Park.CommentsClose CommentsPermalink
Sec. 719. Boston Harbor Islands National Recreation Area.CommentsClose CommentsPermalink
Subtitle C--Special Resource Studies
Sec. 721. William Jefferson Clinton Birthplace Home National Historic Site.CommentsClose CommentsPermalink
Sec. 722. Walnut Canyon study.CommentsClose CommentsPermalink
Sec. 723. Tule Lake Segregation Center, California.CommentsClose CommentsPermalink
Sec. 724. Estate Grange, St. Croix.CommentsClose CommentsPermalink
Sec. 725. Harriet Beecher Stowe House, Maine.CommentsClose CommentsPermalink
Sec. 726. Shepherdstown battlefield, West Virginia.CommentsClose CommentsPermalink
Sec. 727. Green McAdoo School, Tennessee.CommentsClose CommentsPermalink
Sec. 728. Harry S Truman Birthplace, Missouri.CommentsClose CommentsPermalink
Sec. 729. Battle of Matewan special resource study.CommentsClose CommentsPermalink
Sec. 730. Butterfield Overland Trail.CommentsClose CommentsPermalink
Subtitle D--Program Authorizations
Sec. 741. American Battlefield Protection Program.CommentsClose CommentsPermalink
Sec. 742. Preserve America Program.CommentsClose CommentsPermalink
Sec. 743. Save America’s Treasures Program.CommentsClose CommentsPermalink
Subtitle E--Advisory Commission
Sec. 744. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.CommentsClose CommentsPermalink
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--National Heritage Area Program
Sec. 801. Purposes.CommentsClose CommentsPermalink
Sec. 802. Definitions.CommentsClose CommentsPermalink
Sec. 803. National Heritage Areas system.CommentsClose CommentsPermalink
Sec. 804. Studies.CommentsClose CommentsPermalink
Sec. 805. Designation of National Heritage Areas.CommentsClose CommentsPermalink
Sec. 806. Management plans.CommentsClose CommentsPermalink
Sec. 807. Evaluation; report.CommentsClose CommentsPermalink
Sec. 808. Local coordinating entities.CommentsClose CommentsPermalink
Sec. 809. Relationship to other Federal agencies.CommentsClose CommentsPermalink
Sec. 810. Private property and regulatory protections.CommentsClose CommentsPermalink
Sec. 811. Partnership support.CommentsClose CommentsPermalink
Sec. 812. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Designation of National Heritage Areas
Sec. 821. Sangre de Cristo National Heritage Area, Colorado.CommentsClose CommentsPermalink
Sec. 822. Cache La Poudre River National Heritage Area, Colorado.CommentsClose CommentsPermalink
Sec. 823. South Park National Heritage Area, Colorado.CommentsClose CommentsPermalink
Sec. 824. Northern Plains National Heritage Area, North Dakota.CommentsClose CommentsPermalink
Sec. 825. Baltimore National Heritage Area, Maryland.CommentsClose CommentsPermalink
Sec. 826. Freedom’s Way National Heritage Area, Massachusetts and New Hampshire.CommentsClose CommentsPermalink
Sec. 827. Mississippi Hills National Heritage Area.CommentsClose CommentsPermalink
Sec. 828. Mississippi Delta National Heritage Area.CommentsClose CommentsPermalink
Sec. 829. Muscle Shoals National Heritage Area, Alabama.CommentsClose CommentsPermalink
Sec. 830. Santa Cruz Valley National Heritage Area, Arizona.CommentsClose CommentsPermalink
Subtitle C--Studies
Sec. 841. Chattahoochee Trace, Alabama and Georgia.CommentsClose CommentsPermalink
Sec. 842. Northern Neck, Virginia.CommentsClose CommentsPermalink
Subtitle D--Amendments Relating to National Heritage Corridors
Sec. 851. Quinebaug and Shetucket Rivers Valley National Heritage Corridor.CommentsClose CommentsPermalink
Sec. 852. Delaware And Lehigh National Heritage Corridor.CommentsClose CommentsPermalink
Sec. 853. Erie Canalway National Heritage Corridor.CommentsClose CommentsPermalink
Sec. 854. John H. Chafee Blackstone River Valley National Heritage Corridor.CommentsClose CommentsPermalink
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
Sec. 901. Snake, Boise, and Payette River systems, Idaho.CommentsClose CommentsPermalink
Sec. 902. Sierra Vista Subwatershed, Arizona.CommentsClose CommentsPermalink
Subtitle B--Project Authorizations
Sec. 911. Tumalo Irrigation District Water Conservation Project, Oregon.CommentsClose CommentsPermalink
Sec. 912. Madera Water Supply Enhancement Project, California.CommentsClose CommentsPermalink
Sec. 913. Eastern New Mexico Rural Water System project, New Mexico.CommentsClose CommentsPermalink
Sec. 914. Rancho Cailfornia Water District project, California.CommentsClose CommentsPermalink
Subtitle C--Title Transfers and Clarifications
Sec. 921. Transfer of McGee Creek pipeline and facilities.CommentsClose CommentsPermalink
Sec. 922. Albuquerque Biological Park, New Mexico, title clarification.CommentsClose CommentsPermalink
Subtitle D--San Gabriel Basin Restoration Fund
Sec. 931. Restoration Fund.CommentsClose CommentsPermalink
Subtitle E--Lower Colorado River Multi-Species Conservation Program
Sec. 941. Definitions.CommentsClose CommentsPermalink
Sec. 942. Implementation and water accounting.CommentsClose CommentsPermalink
Sec. 943. Enforceability of program documents.CommentsClose CommentsPermalink
Sec. 944. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
Part I--San Joaquin River Restoration Settlement Act
Sec. 1001. Short title.CommentsClose CommentsPermalink
Sec. 1002. Purpose.CommentsClose CommentsPermalink
Sec. 1003. Definitions.CommentsClose CommentsPermalink
Sec. 1004. Implementation of settlement.CommentsClose CommentsPermalink
Sec. 1005. Acquisition and disposal of property; title to facilities.CommentsClose CommentsPermalink
Sec. 1006. Compliance with applicable law.CommentsClose CommentsPermalink
Sec. 1007. Compliance with Central Valley Project Improvement Act.CommentsClose CommentsPermalink
Sec. 1008. No private right of action.CommentsClose CommentsPermalink
Sec. 1009. Appropriations; Settlement Fund.CommentsClose CommentsPermalink
Sec. 1010. Repayment contracts and acceleration of repayment of construction costs.CommentsClose CommentsPermalink
Sec. 1011. California Central Valley Spring Run Chinook salmon.CommentsClose CommentsPermalink
Part II--Study to Develop Water Plan; Report
Sec. 1021. Study to develop water plan; report.CommentsClose CommentsPermalink
Part III--Friant Division Improvements
Sec. 1031. Federal facility improvements.CommentsClose CommentsPermalink
Sec. 1032. Financial assistance for local projects.CommentsClose CommentsPermalink
Sec. 1033. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Northwestern New Mexico Rural Water Projects
Sec. 1041. Short title.CommentsClose CommentsPermalink
Sec. 1042. Definitions.CommentsClose CommentsPermalink
Sec. 1043. Compliance with environmental laws.CommentsClose CommentsPermalink
Sec. 1044. No reallocation of costs.CommentsClose CommentsPermalink
Sec. 1045. Interest rate.CommentsClose CommentsPermalink
Part I--Amendments to the Colorado River Storage Project Act and Public Law 87-483
Sec. 1051. Amendments to the Colorado River Storage Project Act.CommentsClose CommentsPermalink
Sec. 1052. Amendments to
Sec. 1053. Effect on Federal water law.CommentsClose CommentsPermalink
Part II--Reclamation Water Settlements Fund
Sec. 1061. Reclamation Water Settlements Fund.CommentsClose CommentsPermalink
Part III--Navajo-Gallup Water Supply Project
Sec. 1071. Purposes.CommentsClose CommentsPermalink
Sec. 1072. Authorization of Navajo-Gallup Water Supply Project.CommentsClose CommentsPermalink
Sec. 1073. Delivery and use of Navajo-Gallup Water Supply Project water.CommentsClose CommentsPermalink
Sec. 1074. Project contracts.CommentsClose CommentsPermalink
Sec. 1075. Navajo Nation Municipal Pipeline.CommentsClose CommentsPermalink
Sec. 1076. Authorization of conjunctive use wells.CommentsClose CommentsPermalink
Sec. 1077. San Juan River Navajo Irrigation Projects.CommentsClose CommentsPermalink
Sec. 1078. Other irrigation projects.CommentsClose CommentsPermalink
Sec. 1079. Authorization of appropriations.CommentsClose CommentsPermalink
Part IV--Navajo Nation Water Rights
Sec. 1081. Agreement.CommentsClose CommentsPermalink
Sec. 1082. Trust Fund.CommentsClose CommentsPermalink
Sec. 1083. Waivers and releases.CommentsClose CommentsPermalink
Sec. 1084. Water rights held in trust.CommentsClose CommentsPermalink
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 1101. Reauthorization of the National Geologic Mapping Act of 1992.CommentsClose CommentsPermalink
Sec. 1102. New Mexico water resources study.CommentsClose CommentsPermalink
TITLE XII--MISCELLANEOUS
Sec. 1201. Management and distribution of North Dakota trust funds.CommentsClose CommentsPermalink
Sec. 1202. Amendments to the Fisheries Restoration and Irrigation Mitigation Act of 2000.CommentsClose CommentsPermalink
Sec. 1203. Amendments to the Alaska Natural Gas Pipeline Act.CommentsClose CommentsPermalink
Sec. 1204. Additional Assistant Secretary for Department of Energy.CommentsClose CommentsPermalink
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEMCommentsClose CommentsPermalink
Subtitle A--Wild Monongahela WildernessCommentsClose CommentsPermalink
SEC. 101. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST VIRGINIA.
(a) Designation- In furtherance of the purposes of the Wilderness Act (
(1) Certain Federal land comprising approximately 5,144 acres, as generally depicted on the map entitled ‘Big Draft Proposed Wilderness’ and dated March 11, 2008, which shall be known as the ‘Big Draft Wilderness’.CommentsClose CommentsPermalink
(2) Certain Federal land comprising approximately 11,951 acres, as generally depicted on the map entitled ‘Cranberry Expansion Proposed Wilderness’ and dated March 11, 2008, which shall be added to and administered as part of the Cranberry Wilderness designated by section 1(1) of
(3) Certain Federal land comprising approximately 7,156 acres, as generally depicted on the map entitled ‘Dolly Sods Expansion Proposed Wilderness’ and dated March 11, 2008, which shall be added to and administered as part of the Dolly Sods Wilderness designated by section 3(a)(13) of
(4) Certain Federal land comprising approximately 698 acres, as generally depicted on the map entitled ‘Otter Creek Expansion Proposed Wilderness’ and dated March 11, 2008, which shall be added to and administered as part of the Otter Creek Wilderness designated by section 3(a)(14) of
(5) Certain Federal land comprising approximately 6,792 acres, as generally depicted on the map entitled ‘Roaring Plains Proposed Wilderness’ and dated March 11, 2008, which shall be known as the ‘Roaring Plains West Wilderness’.CommentsClose CommentsPermalink
(6) Certain Federal land comprising approximately 6,030 acres, as generally depicted on the map entitled ‘Spice Run Proposed Wilderness’ and dated March 11, 2008, which shall be known as the ‘Spice Run Wilderness’.CommentsClose CommentsPermalink
(b) Maps and Legal Description-CommentsClose CommentsPermalink
(1) FILING AND AVAILABILITY- As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of each wilderness area designated or expanded by subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Monongahela National Forest.CommentsClose CommentsPermalink
(2) FORCE AND EFFECT- The maps and legal descriptions referred to in this subsection shall have the same force and effect as if included in this subtitle, except that the Secretary may correct errors in the maps and descriptions.CommentsClose CommentsPermalink
(c) Administration- Subject to valid existing rights, the Federal lands designated as wilderness by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (
(d) Effective Date of Wilderness Act- With respect to the Federal lands designated as wilderness by subsection (a), any reference in the Wilderness Act (
(e) Fish and Wildlife- As provided in section 4(d)(7) of the Wilderness Act (
SEC. 102. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, MONONGAHELA NATIONAL FOREST.
(a) Boundary Adjustment- The boundary of the Laurel Fork South Wilderness designated by section 1(3) of
(b) Management- Federally owned land delineated on the maps referred to in subsection (a) as the Laurel Fork South Wilderness, as modified by such subsection, shall continue to be administered by the Secretary of Agriculture in accordance with Wilderness Act (
SEC. 103. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
(a) In General- The boundary of the Monongahela National Forest is confirmed to include the tracts of land as generally depicted on the map entitled ‘Monongahela National Forest Boundary Confirmation’ and dated March 13, 2008, and all Federal lands under the jurisdiction of the Secretary of Agriculture, acting through the Chief of the Forest Service, encompassed within such boundary shall be managed under the laws and regulations pertaining to the National Forest System.CommentsClose CommentsPermalink
(b) Land and Water Conservation Fund- For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (
SEC. 104. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest.CommentsClose CommentsPermalink
(2) NONMOTORIZED RECREATION TRAIL DEFINED- For the purposes of this subsection, the term ‘nonmotorized recreation trail’ means a trail designed for hiking, bicycling, and equestrian use.CommentsClose CommentsPermalink
(b) Report- Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the plan required under subsection (a), including the identification of priority trails for development.CommentsClose CommentsPermalink
(c) Consideration of Conversion of Forest Roads to Recreational Uses- In considering possible closure and decommissioning of a Forest Service road within the Monongahela National Forest after the date of the enactment of this Act, the Secretary of Agriculture, in accordance with applicable law, may consider converting the road to nonmotorized uses to enhance recreational opportunities within the Monongahela National Forest.CommentsClose CommentsPermalink
Subtitle B--Virginia Ridge and Valley WildernessCommentsClose CommentsPermalink
SEC. 111. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) SCENIC AREAS- The term ‘scenic areas’ means the Seng Mountain National Scenic Area and the Bear Creek National Scenic Area.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
SEC. 112. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND IN JEFFERSON NATIONAL FOREST, VIRGINIA, AS WILDERNESS OR A WILDERNESS STUDY AREA.
(a) Designation of Wilderness- Section 1 of
(1) in the matter preceding paragraph (1), by striking ‘System--’ and inserting ‘System:’;CommentsClose CommentsPermalink
(2) by striking ‘certain’ each place it appears and inserting ‘Certain’;CommentsClose CommentsPermalink
(3) in each of paragraphs (1) through (6), by striking the semicolon at the end and inserting a period;CommentsClose CommentsPermalink
(4) in paragraph (7), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
‘(9) Certain land in the Jefferson National Forest comprising approximately 3,743 acres, as generally depicted on the map entitled ‘Brush Mountain and Brush Mountain East’ and dated May 5, 2008, which shall be known as the ‘Brush Mountain East Wilderness’.CommentsClose CommentsPermalink
‘(10) Certain land in the Jefferson National Forest comprising approximately 4,794 acres, as generally depicted on the map entitled ‘Brush Mountain and Brush Mountain East’ and dated May 5, 2008, which shall be known as the ‘Brush Mountain Wilderness’.CommentsClose CommentsPermalink
‘(11) Certain land in the Jefferson National Forest comprising approximately 4,223 acres, as generally depicted on the map entitled ‘Seng Mountain and Raccoon Branch’ and dated April 28, 2008, which shall be known as the ‘Raccoon Branch Wilderness’.CommentsClose CommentsPermalink
‘(12) Certain land in the Jefferson National Forest comprising approximately 3,270 acres, as generally depicted on the map entitled ‘Stone Mountain’ and dated April 28, 2008, which shall be known as the ‘Stone Mountain Wilderness’.CommentsClose CommentsPermalink
‘(13) Certain land in the Jefferson National Forest comprising approximately 8,470 acres, as generally depicted on the map entitled ‘Garden Mountain and Hunting Camp Creek’ and dated April 28, 2008, which shall be known as the ‘Hunting Camp Creek Wilderness’.CommentsClose CommentsPermalink
‘(14) Certain land in the Jefferson National Forest comprising approximately 3,291 acres, as generally depicted on the map entitled ‘Garden Mountain and Hunting Camp Creek’ and dated April 28, 2008, which shall be known as the ‘Garden Mountain Wilderness’.CommentsClose CommentsPermalink
‘(15) Certain land in the Jefferson National Forest comprising approximately 5,476 acres, as generally depicted on the map entitled ‘Mountain Lake Additions’ and dated April 28, 2008, which is incorporated in the Mountain Lake Wilderness designated by section 2(6) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).CommentsClose CommentsPermalink‘(16) Certain land in the Jefferson National Forest comprising approximately 308 acres, as generally depicted on the map entitled ‘Lewis Fork Addition and Little Wilson Creek Additions’ and dated April 28, 2008, which is incorporated in the Lewis Fork Wilderness designated by section 2(3) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).CommentsClose CommentsPermalink‘(17) Certain land in the Jefferson National Forest comprising approximately 1,845 acres, as generally depicted on the map entitled ‘Lewis Fork Addition and Little Wilson Creek Additions’ and dated April 28, 2008, which is incorporated in the Little Wilson Creek Wilderness designated by section 2(5) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).CommentsClose CommentsPermalink‘(18) Certain land in the Jefferson National Forest comprising approximately 2,219 acres, as generally depicted on the map entitled ‘Shawvers Run Additions’ and dated April 28, 2008, which is incorporated in the Shawvers Run Wilderness designated by paragraph (4).CommentsClose CommentsPermalink
‘(19) Certain land in the Jefferson National Forest comprising approximately 1,203 acres, as generally depicted on the map entitled ‘Peters Mountain Addition’ and dated April 28, 2008, which is incorporated in the Peters Mountain Wilderness designated by section 2(7) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).CommentsClose CommentsPermalink‘(20) Certain land in the Jefferson National Forest comprising approximately 263 acres, as generally depicted on the map entitled ‘Kimberling Creek Additions and Potential Wilderness Area’ and dated April 28, 2008, which is incorporated in the Kimberling Creek Wilderness designated by section 2(2) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).’.CommentsClose CommentsPermalink
(b) Designation of Wilderness Study Area- The Virginia Wilderness Act of 1984 (
(1) in the first section, by inserting ‘as’ after ‘cited’; andCommentsClose CommentsPermalink
(2) in section 6(a)--CommentsClose CommentsPermalink
(A) by striking ‘certain’ each place it appears and inserting ‘Certain’;CommentsClose CommentsPermalink
(B) in each of paragraphs (1) and (2), by striking the semicolon at the end and inserting a period;CommentsClose CommentsPermalink
(C) in paragraph (3), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) Certain land in the Jefferson National Forest comprising approximately 3,226 acres, as generally depicted on the map entitled ‘Lynn Camp Creek Wilderness Study Area’ and dated April 28, 2008, which shall be known as the ‘Lynn Camp Creek Wilderness Study Area’.’.CommentsClose CommentsPermalink
SEC. 113. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA, JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Designation- In furtherance of the purposes of the Wilderness Act (
(b) Management- Except as provided in subsection (c) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (
(c) Ecological Restoration-CommentsClose CommentsPermalink
(1) IN GENERAL- For purposes of ecological restoration (including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, and any other activity necessary to restore the natural ecosystems in the potential wilderness area), the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until the date on which the potential wilderness area is incorporated into the Kimberling Creek Wilderness.CommentsClose CommentsPermalink
(2) LIMITATION- To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources.CommentsClose CommentsPermalink
(d) Wilderness Designation- The potential wilderness area shall be designated as wilderness and incorporated in the Kimberling Creek Wilderness on the earlier of--CommentsClose CommentsPermalink
(1) the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act (
(2) the date that is 5 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 114. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Establishment- There are designated as National Scenic Areas--CommentsClose CommentsPermalink
(1) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled ‘Seng Mountain and Raccoon Branch’ and dated April 28, 2008, which shall be known as the ‘Seng Mountain National Scenic Area’; andCommentsClose CommentsPermalink
(2) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled ‘Bear Creek’ and dated April 28, 2008, which shall be known as the ‘Bear Creek National Scenic Area’.CommentsClose CommentsPermalink
(b) Purposes- The purposes of the scenic areas are--CommentsClose CommentsPermalink
(1) to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the scenic areas;CommentsClose CommentsPermalink
(2) consistent with paragraph (1), to protect wildlife and fish habitat in the scenic areas;CommentsClose CommentsPermalink
(3) to protect areas in the scenic areas that may develop characteristics of old-growth forests; andCommentsClose CommentsPermalink
(4) consistent with paragraphs (1), (2), and (3), to provide a variety of recreation opportunities in the scenic areas.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall administer the scenic areas in accordance with--CommentsClose CommentsPermalink
(A) this subtitle; andCommentsClose CommentsPermalink
(B) the laws (including regulations) generally applicable to the National Forest System.CommentsClose CommentsPermalink
(2) AUTHORIZED USES- The Secretary shall only allow uses of the scenic areas that the Secretary determines will further the purposes of the scenic areas, as described in subsection (b).CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall develop as an amendment to the land and resource management plan for the Jefferson National Forest a management plan for the scenic areas.CommentsClose CommentsPermalink
(2) EFFECT- Nothing in this subsection requires the Secretary to revise the land and resource management plan for the Jefferson National Forest under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (
(e) Roads-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), after the date of enactment of this Act, no roads shall be established or constructed within the scenic areas.CommentsClose CommentsPermalink
(2) LIMITATION- Nothing in this subsection denies any owner of private land (or an interest in private land) that is located in a scenic area the right to access the private land.CommentsClose CommentsPermalink
(f) Timber Harvest-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas.CommentsClose CommentsPermalink
(2) EXCEPTIONS- The Secretary may authorize harvesting of timber in the scenic areas if the Secretary determines that the harvesting is necessary to--CommentsClose CommentsPermalink
(A) control fire;CommentsClose CommentsPermalink
(B) provide for public safety or trail access; orCommentsClose CommentsPermalink
(C) control insect and disease outbreaks.CommentsClose CommentsPermalink
(3) FIREWOOD FOR PERSONAL USE- Firewood may be harvested for personal use along perimeter roads in the scenic areas, subject to any conditions that the Secretary may impose.CommentsClose CommentsPermalink
(g) Insect and Disease Outbreaks- The Secretary may control insect and disease outbreaks--CommentsClose CommentsPermalink
(1) to maintain scenic quality;CommentsClose CommentsPermalink
(2) to prevent tree mortality;CommentsClose CommentsPermalink
(3) to reduce hazards to visitors; orCommentsClose CommentsPermalink
(4) to protect private land.CommentsClose CommentsPermalink
(h) Vegetation Management- The Secretary may engage in vegetation manipulation practices in the scenic areas to maintain the visual quality and wildlife clearings in existence on the date of enactment of this Act.CommentsClose CommentsPermalink
(i) Motorized Vehicles-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), motorized vehicles shall not be allowed within the scenic areas.CommentsClose CommentsPermalink
(2) EXCEPTIONS- The Secretary may authorize the use of motorized vehicles--CommentsClose CommentsPermalink
(A) to carry out administrative activities that further the purposes of the scenic areas, as described in subsection (b);CommentsClose CommentsPermalink
(B) to assist wildlife management projects in existence on the date of enactment of this Act; andCommentsClose CommentsPermalink
(C) during deer and bear hunting seasons--CommentsClose CommentsPermalink
(i) on Forest Development Roads 49410 and 84b; andCommentsClose CommentsPermalink
(ii) on the portion of Forest Development Road 6261 designated on the map described in subsection (a)(2) as ‘open seasonally’.CommentsClose CommentsPermalink
(j) Wildfire Suppression- Wildfire suppression within the scenic areas shall be conducted--CommentsClose CommentsPermalink
(1) in a manner consistent with the purposes of the scenic areas, as described in subsection (b); andCommentsClose CommentsPermalink
(2) using such means as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(k) Water- The Secretary shall administer the scenic areas in a manner that maintains and enhances water quality.CommentsClose CommentsPermalink
(l) Withdrawal- Subject to valid existing rights, all Federal land in the scenic areas is withdrawn from--CommentsClose CommentsPermalink
(1) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(2) operation of the mineral leasing and geothermal leasing laws.CommentsClose CommentsPermalink
SEC. 115. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan- The Secretary, in consultation with interested parties, shall establish a trail plan to develop--CommentsClose CommentsPermalink
(1) in a manner consistent with the Wilderness Act (
(2) nonmotorized recreation trails in the scenic areas.CommentsClose CommentsPermalink
(b) Implementation Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan, including the identification of priority trails for development.CommentsClose CommentsPermalink
(c) Sustainable Trail Required- The Secretary shall develop a sustainable trail, using a contour curvilinear alignment, to provide for nonmotorized travel along the southern boundary of the Raccoon Branch Wilderness established by section 1(11) of
SEC. 116. MAPS AND BOUNDARY DESCRIPTIONS.
(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives maps and boundary descriptions of--CommentsClose CommentsPermalink
(1) the scenic areas;CommentsClose CommentsPermalink
(2) the wilderness areas designated by paragraphs (9) through (20) of section 1 of
(3) the wilderness study area designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (
(4) the potential wilderness area designated by section 113(a).CommentsClose CommentsPermalink
(b) Force and Effect- The maps and boundary descriptions filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any minor errors in the maps and boundary descriptions.CommentsClose CommentsPermalink
(c) Availability of Map and Boundary Description- The maps and boundary descriptions filed under subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service.CommentsClose CommentsPermalink
(d) Conflict- In the case of a conflict between a map filed under subsection (a) and the acreage of the applicable areas specified in this subtitle, the map shall control.CommentsClose CommentsPermalink
SEC. 117. EFFECTIVE DATE.
Any reference in the Wilderness Act (
(1) the wilderness areas designated by paragraphs (9) through (20) of section 1 of
(2) the potential wilderness area designated by section 113(a).CommentsClose CommentsPermalink
Subtitle C--Mt. Hood Wilderness, OregonCommentsClose CommentsPermalink
SEC. 121. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
(2) STATE- The term ‘State’ means the State of Oregon.CommentsClose CommentsPermalink
SEC. 122. DESIGNATION OF WILDERNESS AREAS.
(a) Designation of Lewis and Clark Mount Hood Wilderness Areas- In accordance with the Wilderness Act (
(1) BADGER CREEK WILDERNESS ADDITIONS- Certain Federal land managed by the Forest Service, comprising approximately 4,140 acres, as generally depicted on the maps entitled ‘Badger Creek Wilderness--Badger Creek Additions’ and ‘Badger Creek Wilderness--Bonney Butte’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Badger Creek Wilderness, as designated by section 3(3) of the Oregon Wilderness Act of 1984 (
(2) BULL OF THE WOODS WILDERNESS ADDITION- Certain Federal land managed by the Forest Service, comprising approximately 10,180 acres, as generally depicted on the map entitled ‘Bull of the Woods Wilderness--Bull of the Woods Additions’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Bull of the Woods Wilderness, as designated by section 3(4) of the Oregon Wilderness Act of 1984 (
(3) CLACKAMAS WILDERNESS- Certain Federal land managed by the Forest Service, comprising approximately 9,470 acres, as generally depicted on the maps entitled ‘Clackamas Wilderness--Big Bottom’, ‘Clackamas Wilderness--Clackamas Canyon’, ‘Clackamas Wilderness--Memaloose Lake’, ‘Clackamas Wilderness--Sisi Butte’, and ‘Clackamas Wilderness--South Fork Clackamas’, dated July 16, 2007, which shall be known as the ‘Clackamas Wilderness’.CommentsClose CommentsPermalink
(4) MARK O. HATFIELD WILDERNESS ADDITIONS- Certain Federal land managed by the Forest Service, comprising approximately 25,960 acres, as generally depicted on the maps entitled ‘Mark O. Hatfield Wilderness--Gorge Face’ and ‘Mark O. Hatfield Wilderness--Larch Mountain’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Mark O. Hatfield Wilderness, as designated by section 3(1) of the Oregon Wilderness Act of 1984 (
(5) MOUNT HOOD WILDERNESS ADDITIONS- Certain Federal land managed by the Forest Service, comprising approximately 18,450 acres, as generally depicted on the maps entitled ‘Mount Hood Wilderness--Barlow Butte’, ‘Mount Hood Wilderness--Elk Cove/Mazama’, ‘Mount Hood Wilderness--Richard L. Kohnstamm Memorial Area’, ‘Mount Hood Wilderness--Sand Canyon’, ‘Mount Hood Wilderness--Sandy Additions’, ‘Mount Hood Wilderness--Twin Lakes’, and ‘Mount Hood Wilderness--White River’, dated July 16, 2007, and the map entitled ‘Mount Hood Wilderness--Cloud Cap’, dated July 20, 2007, which is incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (
(6) ROARING RIVER WILDERNESS- Certain Federal land managed by the Forest Service, comprising approximately 36,550 acres, as generally depicted on the map entitled ‘Roaring River Wilderness--Roaring River Wilderness’, dated July 16, 2007, which shall be known as the ‘Roaring River Wilderness’.CommentsClose CommentsPermalink
(7) SALMON-HUCKLEBERRY WILDERNESS ADDITIONS- Certain Federal land managed by the Forest Service, comprising approximately 16,620 acres, as generally depicted on the maps entitled ‘Salmon-Huckleberry Wilderness--Alder Creek Additions’, ‘Salmon-Huckleberry Wilderness--Eagle Creek Addition’, ‘Salmon-Huckleberry Wilderness--Hunchback Mountain’, ‘Salmon-Huckleberry Wilderness--Inch Creek’, ‘Salmon-Huckleberry Wilderness--Mirror Lake’, and ‘Salmon-Huckleberry Wilderness--Salmon River Meadows’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (
(8) LOWER WHITE RIVER WILDERNESS- Certain Federal land managed by the Forest Service and Bureau of Land Management, comprising approximately 2,870 acres, as generally depicted on the map entitled ‘Lower White River Wilderness--Lower White River’, dated July 16, 2007, which shall be known as the ‘Lower White River Wilderness’.CommentsClose CommentsPermalink
(b) Richard L. Kohnstamm Memorial Area- Certain Federal land managed by the Forest Service, as generally depicted on the map entitled ‘Mount Hood Wilderness--Richard L. Kohnstamm Memorial Area’, dated July 16, 2007, is designated as the ‘Richard L. Kohnstamm Memorial Area’.CommentsClose CommentsPermalink
(c) Potential Wilderness Area; Additions to Wilderness Areas-CommentsClose CommentsPermalink
(1) ROARING RIVER POTENTIAL WILDERNESS AREA-CommentsClose CommentsPermalink
(A) IN GENERAL- In furtherance of the purposes of the Wilderness Act (
(B) MANAGEMENT- The potential wilderness area designated by subparagraph (A) shall be managed in accordance with section 4 of the Wilderness Act (
(C) DESIGNATION AS WILDERNESS- On the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area designated by subparagraph (A) are compatible with the Wilderness Act (
(i) designated as wilderness and as a component of the National Wilderness Preservation System; andCommentsClose CommentsPermalink
(ii) incorporated into the Roaring River Wilderness designated by subsection (a)(6).CommentsClose CommentsPermalink
(2) ADDITION TO THE MOUNT HOOD WILDERNESS- On completion of the land exchange under section 126(a)(2), certain Federal land managed by the Forest Service, comprising approximately 1,710 acres, as generally depicted on the map entitled ‘Mount Hood Wilderness--Tilly Jane’, dated July 20, 2007, shall be incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (
(3) ADDITION TO THE SALMON-HUCKLEBERRY WILDERNESS- On acquisition by the United States, the approximately 160 acres of land identified as ‘Land to be acquired by USFS’ on the map entitled ‘Hunchback Mountain Land Exchange, Clackamas County’, dated June 2006, shall be incorporated in, and considered to be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (
(d) Maps and Legal Descriptions-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(2) FORCE OF LAW- The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.CommentsClose CommentsPermalink
(3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.CommentsClose CommentsPermalink
(4) DESCRIPTION OF LAND- The boundaries of the areas designated as wilderness by subsection (a) that are immediately adjacent to a utility right-of-way or a Federal Energy Regulatory Commission project boundary shall be 100 feet from the boundary of the right-of-way or the project boundary.CommentsClose CommentsPermalink
(e) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to valid existing rights, each area designated as wilderness by this section shall be administered by the Secretary that has jurisdiction over the land within the wilderness, in accordance with the Wilderness Act (
(A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the wilderness.CommentsClose CommentsPermalink
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land within the boundary of a wilderness area designated by this section that is acquired by the United States shall--CommentsClose CommentsPermalink
(A) become part of the wilderness area in which the land is located; andCommentsClose CommentsPermalink
(B) be managed in accordance with this section, the Wilderness Act (
(f) Buffer Zones-CommentsClose CommentsPermalink
(1) IN GENERAL- As provided in the Oregon Wilderness Act of 1984 (
(2) ACTIVITIES OR USES UP TO BOUNDARIES- The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.CommentsClose CommentsPermalink
(g) Fish and Wildlife- Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.CommentsClose CommentsPermalink
(h) Fire, Insects, and Diseases- As provided in section 4(d)(1) of the Wilderness Act (
(i) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of--CommentsClose CommentsPermalink
(1) entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.CommentsClose CommentsPermalink
SEC. 123. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION IN THE MOUNT HOOD AREA.
(a) Wild and Scenic River Designations, Mount Hood National Forest-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 3(a) of the Wild and Scenic Rivers Act (
‘(171) SOUTH FORK CLACKAMAS RIVER- The 4.2-mile segment of the South Fork Clackamas River from its confluence with the East Fork of the South Fork Clackamas to its confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a wild river.CommentsClose CommentsPermalink
‘(172) EAGLE CREEK- The 8.3-mile segment of Eagle Creek from its headwaters to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a wild river.CommentsClose CommentsPermalink
‘(173) MIDDLE FORK HOOD RIVER- The 3.7-mile segment of the Middle Fork Hood River from the confluence of Clear and Coe Branches to the north section line of section 11, township 1 south, range 9 east, to be administered by the Secretary of Agriculture as a scenic river.CommentsClose CommentsPermalink
‘(174) SOUTH FORK ROARING RIVER- The 4.6-mile segment of the South Fork Roaring River from its headwaters to its confluence with Roaring River, to be administered by the Secretary of Agriculture as a wild river.CommentsClose CommentsPermalink
‘(175) ZIG ZAG RIVER- The 4.3-mile segment of the Zig Zag River from its headwaters to the Mount Hood Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river.CommentsClose CommentsPermalink
‘(176) FIFTEENMILE CREEK-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The 11.1-mile segment of Fifteenmile Creek from its source at Senecal Spring to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 east, to be administered by the Secretary of Agriculture in the following classes:CommentsClose CommentsPermalink
‘(i) The 2.6-mile segment from its source at Senecal Spring to the Badger Creek Wilderness boundary, as a wild river.CommentsClose CommentsPermalink
‘(ii) The 0.4-mile segment from the Badger Creek Wilderness boundary to the point 0.4 miles downstream, as a scenic river.CommentsClose CommentsPermalink
‘(iii) The 7.9-mile segment from the point 0.4 miles downstream of the Badger Creek Wilderness boundary to the western edge of section 20, township 2 south, range 12 east as a wild river.CommentsClose CommentsPermalink
‘(iv) The 0.2-mile segment from the western edge of section 20, township 2 south, range 12 east, to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 east as a scenic river.CommentsClose CommentsPermalink
‘(B) INCLUSIONS- Notwithstanding section 3(b), the lateral boundaries of both the wild river area and the scenic river area along Fifteenmile Creek shall include an average of not more than 640 acres per mile measured from the ordinary high water mark on both sides of the river.CommentsClose CommentsPermalink
‘(177) EAST FORK HOOD RIVER- The 13.5-mile segment of the East Fork Hood River from Oregon State Highway 35 to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river.CommentsClose CommentsPermalink
‘(178) COLLAWASH RIVER- The 17.8-mile segment of the Collawash River from the headwaters of the East Fork Collawash to the confluence of the mainstream of the Collawash River with the Clackamas River, to be administered by the Secretary of Agriculture in the following classes:CommentsClose CommentsPermalink
‘(A) The 11.0-mile segment from the headwaters of the East Fork Collawash River to Buckeye Creek, as a scenic river.CommentsClose CommentsPermalink
‘(B) The 6.8-mile segment from Buckeye Creek to the Clackamas River, as a recreational river.CommentsClose CommentsPermalink
‘(179) FISH CREEK- The 13.5-mile segment of Fish Creek from its headwaters to the confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a recreational river.’.CommentsClose CommentsPermalink
(2) EFFECT- The amendments made by paragraph (1) do not affect valid existing water rights.CommentsClose CommentsPermalink
(b) Protection for Hood River, Oregon- Section 13(a)(4) of the ‘Columbia River Gorge National Scenic Area Act’ (
SEC. 124. MOUNT HOOD NATIONAL RECREATION AREA.
(a) Designation- To provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, there is established the Mount Hood National Recreation Area within the Mount Hood National Forest.CommentsClose CommentsPermalink
(b) Boundary- The Mount Hood National Recreation Area shall consist of certain Federal land managed by the Forest Service and Bureau of Land Management, comprising approximately 34,550 acres, as generally depicted on the maps entitled ‘National Recreation Areas--Mount Hood NRA’, ‘National Recreation Areas--Fifteenmile Creek NRA’, and ‘National Recreation Areas--Shellrock Mountain’, dated February 2007.CommentsClose CommentsPermalink
(c) Map and Legal Description-CommentsClose CommentsPermalink
(1) SUBMISSION OF LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Mount Hood National Recreation Area with--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(2) FORCE OF LAW- The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and the legal description.CommentsClose CommentsPermalink
(3) PUBLIC AVAILABILITY- The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.CommentsClose CommentsPermalink
(d) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
(A) administer the Mount Hood National Recreation Area--CommentsClose CommentsPermalink
(i) in accordance with the laws (including regulations) and rules applicable to the National Forest System; andCommentsClose CommentsPermalink
(ii) consistent with the purposes described in subsection (a); andCommentsClose CommentsPermalink
(B) only allow uses of the Mount Hood National Recreation Area that are consistent with the purposes described in subsection (a).CommentsClose CommentsPermalink
(2) APPLICABLE LAW- Any portion of a wilderness area designated by section 122 that is located within the Mount Hood National Recreation Area shall be administered in accordance with the Wilderness Act (
(e) Timber- The cutting, sale, or removal of timber within the Mount Hood National Recreation Area may be permitted--CommentsClose CommentsPermalink
(1) to the extent necessary to improve the health of the forest in a manner that--CommentsClose CommentsPermalink
(A) maximizes the retention of large trees--CommentsClose CommentsPermalink
(i) as appropriate to the forest type; andCommentsClose CommentsPermalink
(ii) to the extent that the trees promote stands that are fire-resilient and healthy;CommentsClose CommentsPermalink
(B) improves the habitats of threatened, endangered, or sensitive species; orCommentsClose CommentsPermalink
(C) maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire;CommentsClose CommentsPermalink
(2) to accomplish an approved management activity in furtherance of the purposes established by this section, if the cutting, sale, or removal of timber is incidental to the management activity; orCommentsClose CommentsPermalink
(3) for de minimus personal or administrative use within the Mount Hood National Recreation Area, where such use will not impair the purposes established by this section.CommentsClose CommentsPermalink
(f) Road Construction- No new or temporary roads shall be constructed or reconstructed within the Mount Hood National Recreation Area except as necessary--CommentsClose CommentsPermalink
(1) to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would cause the loss of life or property;CommentsClose CommentsPermalink
(2) to conduct environmental cleanup required by the United States;CommentsClose CommentsPermalink
(3) to allow for the exercise of reserved or outstanding rights provided for by a statute or treaty;CommentsClose CommentsPermalink
(4) to prevent irreparable resource damage by an existing road; orCommentsClose CommentsPermalink
(5) to rectify a hazardous road condition.CommentsClose CommentsPermalink
(g) Withdrawal- Subject to valid existing rights, all Federal land within the Mount Hood National Recreation Area is withdrawn from--CommentsClose CommentsPermalink
(1) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(3) disposition under all laws relating to mineral and geothermal leasing.CommentsClose CommentsPermalink
(h) Transfer of Administrative Jurisdiction-CommentsClose CommentsPermalink
(1) IN GENERAL- Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the Bureau of Land Management to the Forest Service.CommentsClose CommentsPermalink
(2) DESCRIPTION OF LAND- The land referred to in paragraph (1) is the approximately 130 acres of land administered by the Bureau of Land Management within or adjacent to the Mount Hood National Recreation Area that is identified as ‘BLM Lands’ on the map entitled ‘National Recreation Areas--Shellrock Mountain’, dated February 2007.CommentsClose CommentsPermalink
SEC. 125. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, AND CULTUS CREEK.
(a) Crystal Springs Watershed Special Resources Management Unit-CommentsClose CommentsPermalink
(1) ESTABLISHMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- On completion of the land exchange under section 126(a)(2), there shall be established a special resources management unit in the State consisting of certain Federal land managed by the Forest Service, as generally depicted on the map entitled ‘Crystal Springs Watershed Special Resources Management Unit’, dated June 2006 (referred to in this subsection as the ‘map’), to be known as the ‘Crystal Springs Watershed Special Resources Management Unit’ (referred to in this subsection as the ‘Management Unit’).CommentsClose CommentsPermalink
(B) EXCLUSION OF CERTAIN LAND- The Management Unit does not include any National Forest System land otherwise covered by subparagraph (A) that is designated as wilderness by section 122.CommentsClose CommentsPermalink
(C) WITHDRAWAL-CommentsClose CommentsPermalink
(i) IN GENERAL- Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as the Management Unit is withdrawn from all forms of--CommentsClose CommentsPermalink
(I) entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(II) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(III) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.CommentsClose CommentsPermalink
(ii) EXCEPTION- Clause (i)(I) does not apply to the parcel of land generally depicted as ‘HES 151’ on the map.CommentsClose CommentsPermalink
(2) PURPOSES- The purposes of the Management Unit are--CommentsClose CommentsPermalink
(A) to ensure the protection of the quality and quantity of the Crystal Springs watershed as a clean drinking water source for the residents of Hood River County, Oregon; andCommentsClose CommentsPermalink
(B) to allow visitors to enjoy the special scenic, natural, cultural, and wildlife values of the Crystal Springs watershed.CommentsClose CommentsPermalink
(3) MAP AND LEGAL DESCRIPTION-CommentsClose CommentsPermalink
(A) SUBMISSION OF LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Management Unit with--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(B) FORCE OF LAW- The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.CommentsClose CommentsPermalink
(C) PUBLIC AVAILABILITY- The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.CommentsClose CommentsPermalink
(4) ADMINISTRATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
(i) administer the Management Unit--CommentsClose CommentsPermalink
(I) in accordance with the laws (including regulations) and rules applicable to units of the National Forest System; andCommentsClose CommentsPermalink
(II) consistent with the purposes described in paragraph (2); andCommentsClose CommentsPermalink
(ii) only allow uses of the Management Unit that are consistent with the purposes described in paragraph (2).CommentsClose CommentsPermalink
(B) FUEL REDUCTION IN PROXIMITY TO IMPROVEMENTS AND PRIMARY PUBLIC ROADS- To protect the water quality, water quantity, and scenic, cultural, natural, and wildlife values of the Management Unit, the Secretary may conduct fuel reduction and forest health management treatments to maintain and restore fire-resilient forest structures containing late successional forest structure characterized by large trees and multistoried canopies, as ecologically appropriate, on National Forest System land in the Management Unit--CommentsClose CommentsPermalink
(i) in any area located not more than 400 feet from structures located on--CommentsClose CommentsPermalink
(I) National Forest System land; orCommentsClose CommentsPermalink
(II) private land adjacent to National Forest System land;CommentsClose CommentsPermalink
(ii) in any area located not more than 400 feet from the Cooper Spur Road, the Cloud Cap Road, or the Cooper Spur Ski Area Loop Road; andCommentsClose CommentsPermalink
(iii) on any other National Forest System land in the Management Unit, with priority given to activities that restore previously harvested stands, including the removal of logging slash, smaller diameter material, and ladder fuels.CommentsClose CommentsPermalink
(5) PROHIBITED ACTIVITIES- Subject to valid existing rights, the following activities shall be prohibited on National Forest System land in the Management Unit:CommentsClose CommentsPermalink
(A) New road construction or renovation of existing non-System roads, except as necessary to protect public health and safety.CommentsClose CommentsPermalink
(B) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted to further the purposes described in paragraph (2)).CommentsClose CommentsPermalink
(C) Commercial livestock grazing.CommentsClose CommentsPermalink
(D) The placement of new fuel storage tanks.CommentsClose CommentsPermalink
(E) Except to the extent necessary to further the purposes described in paragraph (2), the application of any toxic chemicals (other than fire retardants), including pesticides, rodenticides, or herbicides.CommentsClose CommentsPermalink
(6) FOREST ROAD CLOSURES-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary may provide for the closure or gating to the general public of any Forest Service road within the Management Unit.CommentsClose CommentsPermalink
(B) EXCEPTION- Nothing in this subsection requires the Secretary to close the road commonly known as ‘Cloud Cap Road’, which shall be administered in accordance with otherwise applicable law.CommentsClose CommentsPermalink
(7) PRIVATE LAND-CommentsClose CommentsPermalink
(A) EFFECT- Nothing in this subsection affects the use of, or access to, any private property within the area identified on the map as the ‘Crystal Springs Zone of Contribution’ by--CommentsClose CommentsPermalink
(i) the owners of the private property; andCommentsClose CommentsPermalink
(ii) guests to the private property.CommentsClose CommentsPermalink
(B) COOPERATION- The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this subsection.CommentsClose CommentsPermalink
(8) ACQUISITION OF LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may acquire from willing landowners any land located within the area identified on the map as the ‘Crystal Springs Zone of Contribution’.CommentsClose CommentsPermalink
(B) INCLUSION IN MANAGEMENT UNIT- On the date of acquisition, any land acquired under subparagraph (A) shall be incorporated in, and be managed as part of, the Management Unit.CommentsClose CommentsPermalink
(b) Protections for Upper Big Bottom and Cultus Creek-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall manage the Federal land administered by the Forest Service described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.CommentsClose CommentsPermalink
(2) DESCRIPTION OF LAND- The Federal land referred to in paragraph (1) is--CommentsClose CommentsPermalink
(A) the approximately 1,580 acres, as generally depicted on the map entitled ‘Upper Big Bottom’, dated July 16, 2007; andCommentsClose CommentsPermalink
(B) the approximately 280 acres identified as ‘Cultus Creek’ on the map entitled ‘Clackamas Wilderness--South Fork Clackamas’, dated July 16, 2007.CommentsClose CommentsPermalink
(3) MAPS AND LEGAL DESCRIPTIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the Federal land described in paragraph (2) with--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(B) FORCE OF LAW- The maps and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.CommentsClose CommentsPermalink
(C) PUBLIC AVAILABILITY- Each map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.CommentsClose CommentsPermalink
(4) USE OF LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes identified in paragraph (1).CommentsClose CommentsPermalink
(B) PROHIBITED USES- The following shall be prohibited on the Federal land described in paragraph (2):CommentsClose CommentsPermalink
(i) Permanent roads.CommentsClose CommentsPermalink
(ii) Commercial enterprises.CommentsClose CommentsPermalink
(iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety--CommentsClose CommentsPermalink
(I) the use of motor vehicles; orCommentsClose CommentsPermalink
(II) the establishment of temporary roads.CommentsClose CommentsPermalink
(5) WITHDRAWAL- Subject to valid existing rights, the Federal land described in paragraph (2) is 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 mining laws; andCommentsClose CommentsPermalink
(C) disposition under all laws relating to mineral and geothermal leasing.CommentsClose CommentsPermalink
SEC. 126. LAND EXCHANGES.
(a) Cooper Spur-Government Camp Land Exchange-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) COUNTY- The term ‘County’ means Hood River County, Oregon.CommentsClose CommentsPermalink
(B) EXCHANGE MAP- The term ‘exchange map’ means the map entitled ‘Cooper Spur/Government Camp Land Exchange’, dated June 2006.CommentsClose CommentsPermalink
(C) FEDERAL LAND- The term ‘Federal land’ means the approximately 120 acres of National Forest System land in the Mount Hood National Forest in Government Camp, Clackamas County, Oregon, identified as ‘USFS Land to be Conveyed’ on the exchange map.CommentsClose CommentsPermalink
(D) MT. HOOD MEADOWS- The term ‘Mt. Hood Meadows’ means the Mt. Hood Meadows Oregon, Limited Partnership.CommentsClose CommentsPermalink
(E) NON-FEDERAL LAND- The term ‘non-Federal land’ means--CommentsClose CommentsPermalink
(i) the parcel of approximately 770 acres of private land at Cooper Spur identified as ‘Land to be acquired by USFS’ on the exchange map; andCommentsClose CommentsPermalink
(ii) any buildings, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur Ski Area covered by an appraisal described in paragraph (2)(D).CommentsClose CommentsPermalink
(2) COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE-CommentsClose CommentsPermalink
(A) CONVEYANCE OF LAND- Subject to the provisions of this subsection, if Mt. Hood Meadows offers to convey to the United States all right, title, and interest of Mt. Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. Hood Meadows all right, title, and interest of the United States in and to the Federal land (other than any easements reserved under subparagraph (G)), subject to valid existing rights.CommentsClose CommentsPermalink
(B) COMPLIANCE WITH EXISTING LAW- Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (
(C) CONDITIONS ON ACCEPTANCE-CommentsClose CommentsPermalink
(i) TITLE- As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.CommentsClose CommentsPermalink
(ii) TERMS AND CONDITIONS- The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink
(D) APPRAISALS-CommentsClose CommentsPermalink
(i) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary and Mt. Hood Meadows shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.CommentsClose CommentsPermalink
(ii) REQUIREMENTS- An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including--CommentsClose CommentsPermalink
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink
(II) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(E) SURVEYS-CommentsClose CommentsPermalink
(i) IN GENERAL- The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(ii) COSTS- The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Mt. Hood Meadows.CommentsClose CommentsPermalink
(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE- It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(G) RESERVATION OF EASEMENTS- As a condition of the conveyance of the Federal land, the Secretary shall reserve--CommentsClose CommentsPermalink
(i) a conservation easement to the Federal land to protect existing wetland, as identified by the Oregon Department of State Lands, that allows equivalent wetland mitigation measures to compensate for minor wetland encroachments necessary for the orderly development of the Federal land; andCommentsClose CommentsPermalink
(ii) a trail easement to the Federal land that allows--CommentsClose CommentsPermalink
(I) nonmotorized use by the public of existing trails;CommentsClose CommentsPermalink
(II) roads, utilities, and infrastructure facilities to cross the trails; andCommentsClose CommentsPermalink
(III) improvement or relocation of the trails to accommodate development of the Federal land.CommentsClose CommentsPermalink
(b) Port of Cascade Locks Land Exchange-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) EXCHANGE MAP- The term ‘exchange map’ means the map entitled ‘Port of Cascade Locks/Pacific Crest National Scenic Trail Land Exchange’, dated June 2006.CommentsClose CommentsPermalink
(B) FEDERAL LAND- The term ‘Federal land’ means the parcel of land consisting of approximately 10 acres of National Forest System land in the Columbia River Gorge National Scenic Area identified as ‘USFS Land to be conveyed’ on the exchange map.CommentsClose CommentsPermalink
(C) NON-FEDERAL LAND- The term ‘non-Federal land’ means the parcels of land consisting of approximately 40 acres identified as ‘Land to be acquired by USFS’ on the exchange map.CommentsClose CommentsPermalink
(D) PORT- The term ‘Port’ means the Port of Cascade Locks, Cascade Locks, Oregon.CommentsClose CommentsPermalink
(2) LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST NATIONAL SCENIC TRAIL-CommentsClose CommentsPermalink
(A) CONVEYANCE OF LAND- Subject to the provisions of this subsection, if the Port offers to convey to the United States all right, title, and interest of the Port in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the Port all right, title, and interest of the United States in and to the Federal land.CommentsClose CommentsPermalink
(B) COMPLIANCE WITH EXISTING LAW- Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (
(3) CONDITIONS ON ACCEPTANCE-CommentsClose CommentsPermalink
(A) TITLE- As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.CommentsClose CommentsPermalink
(B) TERMS AND CONDITIONS- The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink
(4) APPRAISALS-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.CommentsClose CommentsPermalink
(B) REQUIREMENTS- An appraisal under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including--CommentsClose CommentsPermalink
(i) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink
(ii) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(5) SURVEYS-CommentsClose CommentsPermalink
(A) IN GENERAL- The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(B) COSTS- The responsibility for the costs of any surveys conducted under subparagraph (A), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Port.CommentsClose CommentsPermalink
(6) DEADLINE FOR COMPLETION OF LAND EXCHANGE- It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Hunchback Mountain Land Exchange and Boundary Adjustment-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) COUNTY- The term ‘County’ means Clackamas County, Oregon.CommentsClose CommentsPermalink
(B) EXCHANGE MAP- The term ‘exchange map’ means the map entitled ‘Hunchback Mountain Land Exchange, Clackamas County’, dated June 2006.CommentsClose CommentsPermalink
(C) FEDERAL LAND- The term ‘Federal land’ means the parcel of land consisting of approximately 160 acres of National Forest System land in the Mount Hood National Forest identified as ‘USFS Land to be Conveyed’ on the exchange map.CommentsClose CommentsPermalink
(D) NON-FEDERAL LAND- The term ‘non-Federal land’ means the parcel of land consisting of approximately 160 acres identified as ‘Land to be acquired by USFS’ on the exchange map.CommentsClose CommentsPermalink
(2) HUNCHBACK MOUNTAIN LAND EXCHANGE-CommentsClose CommentsPermalink
(A) CONVEYANCE OF LAND- Subject to the provisions of this paragraph, if the County offers to convey to the United States all right, title, and interest of the County in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the County all right, title, and interest of the United States in and to the Federal land.CommentsClose CommentsPermalink
(B) COMPLIANCE WITH EXISTING LAW- Except as otherwise provided in this paragraph, the Secretary shall carry out the land exchange under this paragraph in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (
(C) CONDITIONS ON ACCEPTANCE-CommentsClose CommentsPermalink
(i) TITLE- As a condition of the land exchange under this paragraph, title to the non-Federal land to be acquired by the Secretary under this paragraph shall be acceptable to the Secretary.CommentsClose CommentsPermalink
(ii) TERMS AND CONDITIONS- The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink
(D) APPRAISALS-CommentsClose CommentsPermalink
(i) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.CommentsClose CommentsPermalink
(ii) REQUIREMENTS- An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including--CommentsClose CommentsPermalink
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink
(II) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(E) SURVEYS-CommentsClose CommentsPermalink
(i) IN GENERAL- The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(ii) COSTS- The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the County.CommentsClose CommentsPermalink
(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE- It is the intent of Congress that the land exchange under this paragraph shall be completed not later than 16 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(3) BOUNDARY ADJUSTMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The boundary of the Mount Hood National Forest shall be adjusted to incorporate--CommentsClose CommentsPermalink
(i) any land conveyed to the United States under paragraph (2); andCommentsClose CommentsPermalink
(ii) the land transferred to the Forest Service by section 124(h)(1).CommentsClose CommentsPermalink
(B) ADDITIONS TO THE NATIONAL FOREST SYSTEM- The Secretary shall administer the land described in subparagraph (A)--CommentsClose CommentsPermalink
(i) in accordance with--CommentsClose CommentsPermalink
(I) the Act of March 1, 1911 (commonly known as the ‘Weeks Law’) (
(II) any laws (including regulations) applicable to the National Forest System; andCommentsClose CommentsPermalink
(ii) subject to sections 122(c)(3) and 124(d), as applicable.CommentsClose CommentsPermalink
(C) LAND AND WATER CONSERVATION FUND- For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (
(d) Conditions on Development of Federal Land-CommentsClose CommentsPermalink
(1) REQUIREMENTS APPLICABLE TO THE CONVEYANCE OF FEDERAL LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- As a condition of each of the conveyances of Federal land under this section, the Secretary shall include in the deed of conveyance a requirement that applicable construction activities and alterations shall be conducted in accordance with--CommentsClose CommentsPermalink
(i) nationally recognized building and property maintenance codes; andCommentsClose CommentsPermalink
(ii) nationally recognized codes for development in the wildland-urban interface and wildfire hazard mitigation.CommentsClose CommentsPermalink
(B) APPLICABLE LAW- To the maximum extent practicable, the codes required under subparagraph (A) shall be consistent with the nationally recognized codes adopted or referenced by the State or political subdivisions of the State.CommentsClose CommentsPermalink
(C) ENFORCEMENT- The requirements under subparagraph (A) may be enforced by the same entities otherwise enforcing codes, ordinances, and standards.CommentsClose CommentsPermalink
(2) COMPLIANCE WITH CODES ON FEDERAL LAND- The Secretary shall ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on National Forest System land in the Mount Hood National Forest are conducted in accordance with--CommentsClose CommentsPermalink
(A) nationally recognized building and property maintenance codes; andCommentsClose CommentsPermalink
(B) nationally recognized codes for development in the wildland-urban interface development and wildfire hazard mitigation.CommentsClose CommentsPermalink
(3) EFFECT ON ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS- Nothing in this subsection alters or limits the power of the State or a political subdivision of the State to implement or enforce any law (including regulations), rule, or standard relating to development or fire prevention and control.CommentsClose CommentsPermalink
SEC. 127. TRIBAL PROVISIONS; PLANNING AND STUDIES.
(a) Transportation Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall seek to participate in the development of an integrated, multimodal transportation plan developed by the Oregon Department of Transportation for the Mount Hood region to achieve comprehensive solutions to transportation challenges in the Mount Hood region--CommentsClose CommentsPermalink
(A) to promote appropriate economic development;CommentsClose CommentsPermalink
(B) to preserve the landscape of the Mount Hood region; andCommentsClose CommentsPermalink
(C) to enhance public safety.CommentsClose CommentsPermalink
(2) ISSUES TO BE ADDRESSED- In participating in the development of the transportation plan under paragraph (1), the Secretary shall seek to address--CommentsClose CommentsPermalink
(A) transportation alternatives between and among recreation areas and gateway communities that are located within the Mount Hood region;CommentsClose CommentsPermalink
(B) establishing park-and-ride facilities that shall be located at gateway communities;CommentsClose CommentsPermalink
(C) establishing intermodal transportation centers to link public transportation, parking, and recreation destinations;CommentsClose CommentsPermalink
(D) creating a new interchange on Oregon State Highway 26 located adjacent to or within Government Camp;CommentsClose CommentsPermalink
(E) designating, maintaining, and improving alternative routes using Forest Service or State roads for--CommentsClose CommentsPermalink
(i) providing emergency routes; orCommentsClose CommentsPermalink
(ii) improving access to, and travel within, the Mount Hood region;CommentsClose CommentsPermalink
(F) the feasibility of establishing--CommentsClose CommentsPermalink
(i) a gondola connection that--CommentsClose CommentsPermalink
(I) connects Timberline Lodge to Government Camp; andCommentsClose CommentsPermalink
(II) is located in close proximity to the site of the historic gondola corridor; andCommentsClose CommentsPermalink
(ii) an intermodal transportation center to be located in close proximity to Government Camp;CommentsClose CommentsPermalink
(G) burying power lines located in, or adjacent to, the Mount Hood National Forest along Interstate 84 near the City of Cascade Locks, Oregon; andCommentsClose CommentsPermalink
(H) creating mechanisms for funding the implementation of the transportation plan under paragraph (1), including--CommentsClose CommentsPermalink
(i) funds provided by the Federal Government;CommentsClose CommentsPermalink
(ii) public-private partnerships;CommentsClose CommentsPermalink
(iii) incremental tax financing; andCommentsClose CommentsPermalink
(iv) other financing tools that link transportation infrastructure improvements with development.CommentsClose CommentsPermalink
(b) Mount Hood National Forest Stewardship Strategy-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall prepare a report on, and implementation schedule for, the vegetation management strategy (including recommendations for biomass utilization) for the Mount Hood National Forest being developed by the Forest Service.CommentsClose CommentsPermalink
(2) SUBMISSION TO CONGRESS-CommentsClose CommentsPermalink
(A) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(B) IMPLEMENTATION SCHEDULE- Not later than 1 year after the date on which the vegetation management strategy referred to in paragraph (1) is completed, the Secretary shall submit the implementation schedule to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(c) Local and Tribal Relationships-CommentsClose CommentsPermalink
(1) MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary, in consultation with Indian tribes with treaty-reserved gathering rights on land encompassed by the Mount Hood National Forest and in a manner consistent with the memorandum of understanding entered into between the Department of Agriculture, the Bureau of Land Management, the Bureau of Indian Affairs, and the Confederated Tribes of the Warm Springs Reservation of Oregon, dated April 25, 2003, as modified, shall develop and implement a management plan that meets the cultural foods obligations of the United States under applicable treaties, including the Treaty with the Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).CommentsClose CommentsPermalink
(B) EFFECT- This paragraph shall be considered to be consistent with, and is intended to implement, the gathering rights reserved by the treaty described in subparagraph (A).CommentsClose CommentsPermalink
(2) SAVINGS PROVISIONS REGARDING RELATIONS WITH INDIAN TRIBES-CommentsClose CommentsPermalink
(A) TREATY RIGHTS- Nothing in this subtitle alters, modifies, enlarges, diminishes, or extinguishes the treaty rights of any Indian tribe, including the off-reservation reserved rights established by the Treaty with the Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).CommentsClose CommentsPermalink
(B) TRIBAL LAND- Nothing in this subtitle affects land held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other land acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes.CommentsClose CommentsPermalink
(d) Recreational Uses-CommentsClose CommentsPermalink
(1) MOUNT HOOD NATIONAL FOREST RECREATIONAL WORKING GROUP- The Secretary may establish a working group for the purpose of providing advice and recommendations to the Forest Service on planning and implementing recreation enhancements in the Mount Hood National Forest.CommentsClose CommentsPermalink
(2) CONSIDERATION OF CONVERSION OF FOREST ROADS TO RECREATIONAL USES- In considering a Forest Service road in the Mount Hood National Forest for possible closure and decommissioning after the date of enactment of this Act, the Secretary, in accordance with applicable law, shall consider, as an alternative to decommissioning the road, converting the road to recreational uses to enhance recreational opportunities in the Mount Hood National Forest.CommentsClose CommentsPermalink
(3) IMPROVED TRAIL ACCESS FOR PERSONS WITH DISABILITIES- The Secretary, in consultation with the public, may design and construct a trail at a location selected by the Secretary in Mount Hood National Forest suitable for use by persons with disabilities.CommentsClose CommentsPermalink
Subtitle D--Copper Salmon Wilderness, OregonCommentsClose CommentsPermalink
SEC. 131. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation- Section 3 of the Oregon Wilderness Act of 1984 (
(1) in the matter preceding paragraph (1), by striking ‘eight hundred fifty-nine thousand six hundred acres’ and inserting ‘873,300 acres’;CommentsClose CommentsPermalink
(2) in paragraph (29), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(30) certain land in the Siskiyou National Forest, comprising approximately 13,700 acres, as generally depicted on the map entitled ‘Proposed Copper Salmon Wilderness Area’ and dated December 7, 2007, to be known as the ‘Copper Salmon Wilderness’.’.CommentsClose CommentsPermalink
(b) Maps and Legal Description-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture (referred to in this subtitle as the ‘Secretary’) shall file a map and a legal description of the Copper Salmon Wilderness with--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(2) FORCE OF LAW- The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.CommentsClose CommentsPermalink
(3) BOUNDARY- If the boundary of the Copper Salmon Wilderness shares a border with a road, the Secretary may only establish an offset that is not more than 150 feet from the centerline of the road.CommentsClose CommentsPermalink
(4) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.CommentsClose CommentsPermalink
SEC. 132. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (
(1) in the matter preceding subparagraph (A), by striking ‘19-mile segment’ and inserting ‘29-mile segment’;CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(3) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
‘(B)(i) The approximately 0.6-mile segment of the North Fork Elk from its source in sec. 21, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.CommentsClose CommentsPermalink
‘(ii) The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river.CommentsClose CommentsPermalink
‘(C)(i) The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.CommentsClose CommentsPermalink
‘(ii) The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river.’.CommentsClose CommentsPermalink
SEC. 133. PROTECTION OF TRIBAL RIGHTS.
(a) In General- Nothing in this subtitle shall be construed as diminishing any right of any Indian tribe.CommentsClose CommentsPermalink
(b) Memorandum of Understanding- The Secretary shall seek to enter into a memorandum of understanding with the Coquille Indian Tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities.CommentsClose CommentsPermalink
Subtitle E--Cascade-Siskiyou National Monument, OregonCommentsClose CommentsPermalink
SEC. 141. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) BOX R RANCH LAND EXCHANGE MAP- The term ‘Box R Ranch land exchange map’ means the map entitled ‘Proposed Rowlett Land Exchange’ and dated June 13, 2006.CommentsClose CommentsPermalink
(2) BUREAU OF LAND MANAGEMENT LAND- The term ‘Bureau of Land Management land’ means the approximately 40 acres of land administered by the Bureau of Land Management identified as ‘Rowlett Selected’, as generally depicted on the Box R Ranch land exchange map.CommentsClose CommentsPermalink
(3) DEERFIELD LAND EXCHANGE MAP- The term ‘Deerfield land exchange map’ means the map entitled ‘Proposed Deerfield-BLM Property Line Adjustment’ and dated May 1, 2008.CommentsClose CommentsPermalink
(4) DEERFIELD PARCEL- The term ‘Deerfield parcel’ means the approximately 1.5 acres of land identified as ‘From Deerfield to BLM’, as generally depicted on the Deerfield land exchange map.CommentsClose CommentsPermalink
(5) FEDERAL PARCEL- The term ‘Federal parcel’ means the approximately 1.3 acres of land administered by the Bureau of Land Management identified as ‘From BLM to Deerfield’, as generally depicted on the Deerfield land exchange map.CommentsClose CommentsPermalink
(6) GRAZING ALLOTMENT- The term ‘grazing allotment’ means any of the Box R, Buck Lake, Buck Mountain, Buck Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and Soda Mountain grazing allotments in the State.CommentsClose CommentsPermalink
(7) GRAZING LEASE- The term ‘grazing lease’ means any document authorizing the use of a grazing allotment for the purpose of grazing livestock for commercial purposes.CommentsClose CommentsPermalink
(8) LANDOWNER- The term ‘Landowner’ means the owner of the Box R Ranch in the State.CommentsClose CommentsPermalink
(9) LESSEE- The term ‘lessee’ means a livestock operator that holds a valid existing grazing lease for a grazing allotment.CommentsClose CommentsPermalink
(10) LIVESTOCK- The term ‘livestock’ does not include beasts of burden used for recreational purposes.CommentsClose CommentsPermalink
(11) MONUMENT- The term ‘Monument’ means the Cascade-Siskiyou National Monument in the State.CommentsClose CommentsPermalink
(12) ROWLETT PARCEL- The term ‘Rowlett parcel’ means the parcel of approximately 40 acres of private land identified as ‘Rowlett Offered’, as generally depicted on the Box R Ranch land exchange map.CommentsClose CommentsPermalink
(13) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(14) STATE- The term ‘State’ means the State of Oregon.CommentsClose CommentsPermalink
(15) WILDERNESS- The term ‘Wilderness’ means the Soda Mountain Wilderness designated by section 145(a).CommentsClose CommentsPermalink
(16) WILDERNESS MAP- The term ‘wilderness map’ means the map entitled ‘Soda Mountain Wilderness’ and dated May 5, 2008.CommentsClose CommentsPermalink
SEC. 142. VOLUNTARY GRAZING LEASE DONATION PROGRAM.
(a) Existing Grazing Leases-CommentsClose CommentsPermalink
(1) DONATION OF LEASE-CommentsClose CommentsPermalink
(A) ACCEPTANCE BY SECRETARY- The Secretary shall accept any grazing lease that is donated by a lessee.CommentsClose CommentsPermalink
(B) TERMINATION- The Secretary shall terminate any grazing lease acquired under subparagraph (A).CommentsClose CommentsPermalink
(C) NO NEW GRAZING LEASE- Except as provided in paragraph (3), with respect to each grazing lease donated under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) not issue any new grazing lease within the grazing allotment covered by the grazing lease; andCommentsClose CommentsPermalink
(ii) ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing lease.CommentsClose CommentsPermalink
(2) DONATION OF PORTION OF GRAZING LEASE-CommentsClose CommentsPermalink
(A) IN GENERAL- A lessee with a grazing lease for a grazing allotment partially within the Monument may elect to donate only that portion of the grazing lease that is within the Monument.CommentsClose CommentsPermalink
(B) ACCEPTANCE BY SECRETARY- The Secretary shall accept the portion of a grazing lease that is donated under subparagraph (A).CommentsClose CommentsPermalink
(C) MODIFICATION OF LEASE- Except as provided in paragraph (3), if a lessee donates a portion of a grazing lease under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) reduce the authorized grazing level and area to reflect the donation; andCommentsClose CommentsPermalink
(ii) modify the grazing lease to reflect the reduced level and area of use.CommentsClose CommentsPermalink
(D) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the level and area of livestock grazing on the land covered by a portion of a grazing lease donated under subparagraph (A), the Secretary shall not allow grazing to exceed the authorized level and area established under subparagraph (C).CommentsClose CommentsPermalink
(3) COMMON ALLOTMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- If a grazing allotment covered by a grazing lease or portion of a grazing lease that is donated under paragraph (1) or (2) also is covered by another grazing lease that is not donated, the Secretary shall reduce the grazing level on the grazing allotment to reflect the donation.CommentsClose CommentsPermalink
(B) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by the grazing lease or portion of a grazing lease donated under paragraph (1) or (2), the Secretary shall not allow grazing to exceed the level established under subparagraph (A).CommentsClose CommentsPermalink
(b) Limitations- The Secretary--CommentsClose CommentsPermalink
(1) with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument--CommentsClose CommentsPermalink
(A) shall not issue any grazing lease; andCommentsClose CommentsPermalink
(B) shall ensure a permanent end to livestock grazing on each allotment; andCommentsClose CommentsPermalink
(2) shall not establish any new allotments for livestock grazing that include any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).CommentsClose CommentsPermalink
(c) Effect of Donation- A lessee who donates a grazing lease or a portion of a grazing lease under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable.CommentsClose CommentsPermalink
SEC. 143. BOX R RANCH LAND EXCHANGE.
(a) In General- For the purpose of protecting and consolidating Federal land within the Monument, the Secretary--CommentsClose CommentsPermalink
(1) may offer to convey to the Landowner the Bureau of Land Management land in exchange for the Rowlett parcel; andCommentsClose CommentsPermalink
(2) if the Landowner accepts the offer--CommentsClose CommentsPermalink
(A) the Secretary shall convey to the Landowner all right, title, and interest of the United States in and to the Bureau of Land Management land; andCommentsClose CommentsPermalink
(B) the Landowner shall convey to the Secretary all right, title, and interest of the Landowner in and to the Rowlett parcel.CommentsClose CommentsPermalink
(b) Surveys-CommentsClose CommentsPermalink
(1) IN GENERAL- The exact acreage and legal description of the Bureau of Land Management land and the Rowlett parcel shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(2) COSTS- The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Landowner.CommentsClose CommentsPermalink
(c) Conditions- The conveyance of the Bureau of Land Management land and the Rowlett parcel under this section shall be subject to--CommentsClose CommentsPermalink
(1) valid existing rights;CommentsClose CommentsPermalink
(2) title to the Rowlett parcel being acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions;CommentsClose CommentsPermalink
(3) such terms and conditions as the Secretary may require; andCommentsClose CommentsPermalink
(4) except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of Land Management.CommentsClose CommentsPermalink
(d) Appraisals-CommentsClose CommentsPermalink
(1) IN GENERAL- The Bureau of Land Management land and the Rowlett parcel shall be appraised by an independent appraiser selected by the Secretary.CommentsClose CommentsPermalink
(2) REQUIREMENTS- An appraisal conducted under paragraph (1) shall be conducted in accordance with--CommentsClose CommentsPermalink
(A) the Uniform Appraisal Standards for Federal Land Acquisition; andCommentsClose CommentsPermalink
(B) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(3) APPROVAL- The appraisals conducted under this subsection shall be submitted to the Secretary for approval.CommentsClose CommentsPermalink
(e) Grazing Allotment- As a condition of the land exchange authorized under this section, the lessee of the grazing lease for the Box R grazing allotment shall donate the Box R grazing lease in accordance with section 142(a)(1).CommentsClose CommentsPermalink
SEC. 144. DEERFIELD LAND EXCHANGE.
(a) In General- For the purpose of protecting and consolidating Federal land within the Monument, the Secretary--CommentsClose CommentsPermalink
(1) may offer to convey to Deerfield Learning Associates the Federal parcel in exchange for the Deerfield parcel; andCommentsClose CommentsPermalink
(2) if Deerfield Learning Associates accepts the offer--CommentsClose CommentsPermalink
(A) the Secretary shall convey to Deerfield Learning Associates all right, title, and interest of the United States in and to the Federal parcel; andCommentsClose CommentsPermalink
(B) Deerfield Learning Associates shall convey to the Secretary all right, title, and interest of Deerfield Learning Associates in and to the Deerfield parcel.CommentsClose CommentsPermalink
(b) Surveys-CommentsClose CommentsPermalink
(1) IN GENERAL- The exact acreage and legal description of the Federal parcel and the Deerfield parcel shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(2) COSTS- The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Deerfield Learning Associates.CommentsClose CommentsPermalink
(c) Conditions-CommentsClose CommentsPermalink
(1) IN GENERAL- The conveyance of the Federal parcel and the Deerfield parcel under this section shall be subject to--CommentsClose CommentsPermalink
(A) valid existing rights;CommentsClose CommentsPermalink
(B) title to the Deerfield parcel being acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions;CommentsClose CommentsPermalink
(C) such terms and conditions as the Secretary may require; andCommentsClose CommentsPermalink
(D) except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of Land Management.CommentsClose CommentsPermalink
(d) Appraisals-CommentsClose CommentsPermalink
(1) IN GENERAL- The Federal parcel and the Deerfield parcel shall be appraised by an independent appraiser selected by the Secretary.CommentsClose CommentsPermalink
(2) REQUIREMENTS- An appraisal conducted under paragraph (1) shall be conducted in accordance with--CommentsClose CommentsPermalink
(A) the Uniform Appraisal Standards for Federal Land Acquisition; andCommentsClose CommentsPermalink
(B) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(3) APPROVAL- The appraisals conducted under this subsection shall be submitted to the Secretary for approval.CommentsClose CommentsPermalink
SEC. 145. SODA MOUNTAIN WILDERNESS.
(a) Designation- In accordance with the Wilderness Act (
(b) Map and Legal Description-CommentsClose CommentsPermalink
(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilderness with--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(2) FORCE AND EFFECT-CommentsClose CommentsPermalink
(A) IN GENERAL- The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description.CommentsClose CommentsPermalink
(B) NOTIFICATION- The Secretary shall submit to Congress notice of any changes made in the map or legal description under subparagraph (A), including notice of the reason for the change.CommentsClose CommentsPermalink
(3) PUBLIC AVAILABILITY- The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink
(c) Administration of Wilderness-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (
(A) any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.CommentsClose CommentsPermalink
(2) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES- Except as provided by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), within the wilderness areas designated by this subtitle, the Secretary may take such measures in accordance with section 4(d)(1) of the Wilderness Act (
(3) LIVESTOCK- Except as provided in section 142 and by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), the grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary in accordance with--CommentsClose CommentsPermalink
(A) section 4(d)(4) of the Wilderness Act (
(B) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).CommentsClose CommentsPermalink
(4) FISH AND WILDLIFE MANAGEMENT- In accordance with section 4(d)(7) of the Wilderness Act (
(5) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land within the boundary of the Wilderness that is acquired by the United States shall--CommentsClose CommentsPermalink
(A) become part of the Wilderness; andCommentsClose CommentsPermalink
(B) be managed in accordance with this subtitle, the Wilderness Act (
SEC. 146. EFFECT.
Nothing in this subtitle--CommentsClose CommentsPermalink
(1) affects the authority of a Federal agency to modify or terminate grazing permits or leases, except as provided in section 142;CommentsClose CommentsPermalink
(2) authorizes the use of eminent domain;CommentsClose CommentsPermalink
(3) creates a property right in any grazing permit or lease on Federal land;CommentsClose CommentsPermalink
(4) establishes a precedent for future grazing permit or lease donation programs; orCommentsClose CommentsPermalink
(5) affects the allocation, ownership, interest, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a private individual, partnership, or corporation.CommentsClose CommentsPermalink
Subtitle F--Owyhee Public Land ManagementCommentsClose CommentsPermalink
SEC. 151. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ACCOUNT- The term ‘account’ means the Owyhee Land Acquisition Account established by section 155(b)(1).CommentsClose CommentsPermalink
(2) COUNTY- The term ‘County’ means Owyhee County, Idaho.CommentsClose CommentsPermalink
(3) OWYHEE FRONT- The term ‘Owyhee Front’ means the area of the County from Jump Creek on the west to Mud Flat Road on the east and draining north from the crest of the Silver City Range to the Snake River.CommentsClose CommentsPermalink
(4) PLAN- The term ‘plan’ means a travel management plan for motorized and mechanized off-highway vehicle recreation prepared under section 157.CommentsClose CommentsPermalink
(5) PUBLIC LAND- The term ‘public land’ has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 (
(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(7) STATE- The term ‘State’ means the State of Idaho.CommentsClose CommentsPermalink
(8) TRIBES- The term ‘Tribes’ means the Shoshone Pauite Tribes of the Duck Valley Reservation.CommentsClose CommentsPermalink
SEC. 152. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) Establishment- The Secretary, in coordination with the Tribes, State, and County, and in consultation with the University of Idaho, Federal grazing permittees, and public, shall establish the Owyhee Science Review and Conservation Center in the County to conduct research projects to address natural resources management issues affecting public and private rangeland in the County.CommentsClose CommentsPermalink
(b) Purpose- The purpose of the center established under subsection (a) shall be to facilitate the collection and analysis of information to provide Federal and State agencies, the Tribes, the County, private landowners, and the public with information on improved rangeland management.CommentsClose CommentsPermalink
SEC. 153. WILDERNESS AREAS.
(a) Wilderness Areas Designation-CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with the Wilderness Act (
(A) BIG JACKS CREEK WILDERNESS- Certain land comprising approximately 52,826 acres, as generally depicted on the map entitled ‘Little Jacks Creek and Big Jacks Creek Wilderness’ and dated May 5, 2008, which shall be known as the ‘Big Jacks Creek Wilderness’.CommentsClose CommentsPermalink
(B) BRUNEAU-JARBIDGE RIVERS WILDERNESS- Certain land comprising approximately 89,996 acres, as generally depicted on the map entitled ‘Bruneau-Jarbidge Rivers Wilderness’ and dated May 5, 2008, which shall be known as the ‘Bruneau-Jarbidge Rivers Wilderness’.CommentsClose CommentsPermalink
(C) LITTLE JACKS CREEK WILDERNESS- Certain land comprising approximately 50,929 acres, as generally depicted on the map entitled ‘Little Jacks Creek and Big Jacks Creek Wilderness’ and dated May 5, 2008, which shall be known as the ‘Little Jacks Creek Wilderness’.CommentsClose CommentsPermalink
(D) NORTH FORK OWYHEE WILDERNESS- Certain land comprising approximately 43,413 acres, as generally depicted on the map entitled ‘North Fork Owyhee and Pole Creek Wilderness’ and dated May 5, 2008, which shall be known as the ‘North Fork Owyhee Wilderness’.CommentsClose CommentsPermalink
(E) OWYHEE RIVER WILDERNESS- Certain land comprising approximately 267,328 acres, as generally depicted on the map entitled ‘Owyhee River Wilderness’ and dated May 5, 2008, which shall be known as the ‘Owyhee River Wilderness’.CommentsClose CommentsPermalink
(F) POLE CREEK WILDERNESS- Certain land comprising approximately 12,533 acres, as generally depicted on the map entitled ‘North Fork Owyhee and Pole Creek Wilderness’ and dated May 5, 2008, which shall be known as the ‘Pole Creek Wilderness’.CommentsClose CommentsPermalink
(2) MAPS AND LEGAL DESCRIPTIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each area designated as wilderness by this subtitle.CommentsClose CommentsPermalink
(B) EFFECT- Each map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct minor errors in the map or legal description.CommentsClose CommentsPermalink
(C) AVAILABILITY- Each map and legal description submitted under subparagraph (A) shall be available in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink
(3) RELEASE OF WILDERNESS STUDY AREAS-CommentsClose CommentsPermalink
(A) IN GENERAL- Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (
(B) RELEASE- Any public land referred to in subparagraph (A) that is not designated as wilderness by this subtitle--CommentsClose CommentsPermalink
(i) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (
(ii) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (
(b) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to valid existing rights, each area designated as wilderness by this subtitle shall be administered by the Secretary in accordance with the Wilderness Act (
(A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.CommentsClose CommentsPermalink
(2) WITHDRAWAL- Subject to valid existing rights, the Federal land designated as wilderness by this subtitle is withdrawn from all forms of--CommentsClose CommentsPermalink
(A) entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(B) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(C) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.CommentsClose CommentsPermalink
(3) LIVESTOCK-CommentsClose CommentsPermalink
(A) IN GENERAL- In the wilderness areas designated by this subtitle, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (
(B) INVENTORY- Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an inventory of existing facilities and improvements associated with grazing activities in the wilderness areas and wild and scenic rivers designated by this subtitle.CommentsClose CommentsPermalink
(C) FENCING- The Secretary may construct and maintain fencing around wilderness areas designated by this subtitle as the Secretary determines to be appropriate to enhance wilderness values.CommentsClose CommentsPermalink
(D) DONATION OF GRAZING PERMITS OR LEASES-CommentsClose CommentsPermalink
(i) ACCEPTANCE BY SECRETARY- The Secretary shall accept the donation of any valid existing permits or leases authorizing grazing on public land, all or a portion of which is within the wilderness areas designated by this subtitle.CommentsClose CommentsPermalink
(ii) TERMINATION- With respect to each permit or lease donated under clause (i), the Secretary shall--CommentsClose CommentsPermalink
(I) terminate the grazing permit or lease; andCommentsClose CommentsPermalink
(II) except as provided in clause (iii), ensure a permanent end to grazing on the land covered by the permit or lease.CommentsClose CommentsPermalink
(iii) COMMON ALLOTMENTS-CommentsClose CommentsPermalink
(I) IN GENERAL- If the land covered by a permit or lease donated under clause (i) is also covered by another valid existing permit or lease that is not donated under clause (i), the Secretary shall reduce the authorized grazing level on the land covered by the permit or lease to reflect the donation of the permit or lease under clause (i).CommentsClose CommentsPermalink
(II) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the level of grazing on the land covered by a permit or lease donated under clause (i), the Secretary shall not allow grazing use to exceed the authorized level established under subclause (I).CommentsClose CommentsPermalink
(iv) PARTIAL DONATION-CommentsClose CommentsPermalink
(I) IN GENERAL- If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary shall--CommentsClose CommentsPermalink
(aa) reduce the authorized grazing level to reflect the donation; andCommentsClose CommentsPermalink
(bb) modify the permit or lease to reflect the revised level of use.CommentsClose CommentsPermalink
(II) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease donated under subclause (I), the Secretary shall not allow grazing use to exceed the authorized level established under that subclause.CommentsClose CommentsPermalink
(4) ACQUISITION OF LAND AND INTERESTS IN LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- Consistent with applicable law, the Secretary may acquire land or interests in land within the boundaries of the wilderness areas designated by this subtitle by purchase, donation, or exchange.CommentsClose CommentsPermalink
(B) INCORPORATION OF ACQUIRED LAND- Any land or interest in land in, or adjoining the boundary of, a wilderness area designated by this subtitle that is acquired by the United States shall be added to, and administered as part of, the wilderness area in which the acquired land or interest in land is located.CommentsClose CommentsPermalink
(5) TRAIL PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary, after providing opportunities for public comment, shall establish a trail plan that addresses hiking and equestrian trails on the land designated as wilderness by this subtitle, in a manner consistent with the Wilderness Act (
(B) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan.CommentsClose CommentsPermalink
(6) OUTFITTING AND GUIDE ACTIVITIES- Consistent with section 4(d)(5) of the Wilderness Act (
(7) ACCESS TO PRIVATE PROPERTY- In accordance with section 5(a) of the Wilderness Act (
(8) FISH AND WILDLIFE-CommentsClose CommentsPermalink
(A) IN GENERAL- Nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.CommentsClose CommentsPermalink
(B) MANAGEMENT ACTIVITIES-CommentsClose CommentsPermalink
(i) IN GENERAL- In furtherance of the purposes and principles of the Wilderness Act (
(I) consistent with relevant wilderness management plans; andCommentsClose CommentsPermalink
(II) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101-405.CommentsClose CommentsPermalink
(ii) INCLUSIONS- Management activities under clause (i) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks.CommentsClose CommentsPermalink
(C) EXISTING ACTIVITIES- Consistent with section 4(d)(1) of the Wilderness Act (
(9) WILDFIRE, INSECT, AND DISEASE MANAGEMENT- Consistent with section 4(d)(1) of the Wilderness Act (
(10) ADJACENT MANAGEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The designation of a wilderness area by this subtitle shall not create any protective perimeter or buffer zone around the wilderness area.CommentsClose CommentsPermalink
(B) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area designated by this subtitle shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.CommentsClose CommentsPermalink
(11) MILITARY OVERFLIGHTS- Nothing in this subtitle restricts or precludes--CommentsClose CommentsPermalink
(A) low-level overflights of military aircraft over the areas designated as wilderness by this subtitle, including military overflights that can be seen or heard within the wilderness areas;CommentsClose CommentsPermalink
(B) flight testing and evaluation; orCommentsClose CommentsPermalink
(C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.CommentsClose CommentsPermalink
(12) WATER RIGHTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The designation of areas as wilderness by subsection (a) shall not create an express or implied reservation by the United States of any water or water rights for wilderness purposes with respect to such areas.CommentsClose CommentsPermalink
(B) EXCLUSIONS- This paragraph does not apply to any components of the National Wild and Scenic Rivers System designated by section 154.CommentsClose CommentsPermalink
SEC. 154. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General- Section 3(a) of the Wild and Scenic Rivers Act (
‘(180) BATTLE CREEK, IDAHO- The 23.4 miles of Battle Creek from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(181) BIG JACKS CREEK, IDAHO- The 35.0 miles of Big Jacks Creek from the downstream border of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it enters the NW 1/4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(182) BRUNEAU RIVER, IDAHO-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), the 39.3-mile segment of the Bruneau River from the downstream boundary of the Bruneau-Jarbidge Wilderness to the upstream confluence with the west fork of the Bruneau River, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(B) EXCEPTION- Notwithstanding subparagraph (A), the 0.6-mile segment of the Bruneau River at the Indian Hot Springs public road access shall be administered by the Secretary of the Interior as a recreational river.CommentsClose CommentsPermalink
‘(183) WEST FORK BRUNEAU RIVER, IDAHO- The approximately 0.35 miles of the West Fork of the Bruneau River from the confluence with the Jarbidge River to the downstream boundary of the Bruneau Canyon Grazing Allotment in the SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(184) COTTONWOOD CREEK, IDAHO- The 2.6 miles of Cottonwood Creek from the confluence with Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(185) DEEP CREEK, IDAHO- The 13.1-mile segment of Deep Creek from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(186) DICKSHOOTER CREEK, IDAHO- The 9.25 miles of Dickshooter Creek from the confluence with Deep Creek to a point on the stream 1/4 mile due west of the east boundary of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(187) DUNCAN CREEK, IDAHO- The 0.9-mile segment of Duncan Creek from the confluence with Big Jacks Creek upstream to the east boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(188) JARBIDGE RIVER, IDAHO- The 28.8 miles of the Jarbidge River from the confluence with the West Fork Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(189) LITTLE JACKS CREEK, IDAHO- The 12.4 miles of Little Jacks Creek from the downstream boundary of the Little Jacks Creek Wilderness, upstream to the mouth of OX Prong Creek, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(190) NORTH FORK OWYHEE RIVER, IDAHO- The following segments of the North Fork of the Owyhee River, to be administered by the Secretary of the Interior:CommentsClose CommentsPermalink
‘(A) The 5.7-mile segment from the Idaho-Oregon State border to the upstream boundary of the private land at the Juniper Mt. Road crossing, as a recreational river.CommentsClose CommentsPermalink
‘(B) The 15.1-mile segment from the upstream boundary of the North Fork Owyhee River recreational segment designated in paragraph (A) to the upstream boundary of the North Fork Owyhee River Wilderness, as a wild river.CommentsClose CommentsPermalink
‘(191) OWYHEE RIVER, IDAHO-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), the 67.3 miles of the Owyhee River from the Idaho-Oregon State border to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(B) ACCESS- The Secretary of the Interior shall allow for continued access across the Owyhee River at Crutchers Crossing, subject to such terms and conditions as the Secretary of the Interior determines to be necessary.CommentsClose CommentsPermalink
‘(192) RED CANYON, IDAHO- The 4.6 miles of Red Canyon from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(193) SHEEP CREEK, IDAHO- The 25.6 miles of Sheep Creek from the confluence with the Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(194) SOUTH FORK OWYHEE RIVER, IDAHO-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), the 31.4-mile segment of the South Fork of the Owyhee River upstream from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness at the Idaho-Nevada State border, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(B) EXCEPTION- Notwithstanding subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River from the point at which the river enters the southernmost boundary to the point at which the river exits the northernmost boundary of private land in sec. 25 and 26, T. 14 S., R. 5 W., Boise Meridian, shall be administered by the Secretary of the Interior as a recreational river.CommentsClose CommentsPermalink
‘(195) WICKAHONEY CREEK, IDAHO- The 1.5 miles of Wickahoney Creek from the confluence of Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.’.CommentsClose CommentsPermalink
(b) Boundaries- Notwithstanding section 3(b) of the Wild and Scenic Rivers Act (
(1) an average distance of 1/4 mile from the high water mark on both sides of the river segment; orCommentsClose CommentsPermalink
(2) the distance to the nearest confined canyon rim.CommentsClose CommentsPermalink
(c) Land Acquisition- The Secretary shall not acquire any private land within the exterior boundary of a wild and scenic river corridor without the consent of the owner.CommentsClose CommentsPermalink
SEC. 155. LAND IDENTIFIED FOR DISPOSAL.
(a) In General- Consistent with applicable law, the Secretary may sell public land located within the Boise District of the Bureau of Land Management that, as of the date of enactment of this Act, has been identified for disposal in appropriate resource management plans.CommentsClose CommentsPermalink
(b) Use of Proceeds-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding any other provision of law (other than a law that specifically provides for a proportion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale of public land under subsection (a) shall be deposited in a separate account in the Treasury of the United States to be known as the ‘Owyhee Land Acquisition Account’.CommentsClose CommentsPermalink
(2) AVAILABILITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Amounts in the account shall be available to the Secretary, without further appropriation, to purchase land or interests in land in, or adjacent to, the wilderness areas designated by this subtitle, including land identified as ‘Proposed for Acquisition’ on the maps described in section 153(a)(1).CommentsClose CommentsPermalink
(B) APPLICABLE LAW- Any purchase of land or interest in land under subparagraph (A) shall be in accordance with applicable law.CommentsClose CommentsPermalink
(3) APPLICABILITY- This subsection applies to public land within the Boise District of the Bureau of Land Management sold on or after January 1, 2008.CommentsClose CommentsPermalink
(c) Termination of Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- The authority provided under this section terminates on the earlier of--CommentsClose CommentsPermalink
(A) the date that is 10 years after the date of enactment of this Act; orCommentsClose CommentsPermalink
(B) the date on which a total of $8,000,000 from the account is expended.CommentsClose CommentsPermalink
(2) AVAILABILITY OF AMOUNTS- Any amounts remaining in the account on the termination of authority under this section shall be--CommentsClose CommentsPermalink
(A) credited as sales of public land in the State;CommentsClose CommentsPermalink
(B) transferred to the Federal Land Disposal Account established under section 206(a) of the Federal Land Transaction Facilitation Act (
(C) used in accordance with that subtitle.CommentsClose CommentsPermalink
SEC. 156. TRIBAL CULTURAL RESOURCES.
(a) Coordination- The Secretary shall coordinate with the Tribes in the implementation of the Shoshone Paiute Cultural Resource Protection Plan.CommentsClose CommentsPermalink
(b) Agreements- The Secretary shall seek to enter into agreements with the Tribes to implement the Shoshone Paiute Cultural Resource Protection Plan to protect cultural sites and resources important to the continuation of the traditions and beliefs of the Tribes.CommentsClose CommentsPermalink
SEC. 157. RECREATIONAL TRAVEL MANAGEMENT PLANS.
(a) In General- In accordance with the Federal Land Policy and Management Act of 1976 (
(b) Inventory- Before preparing the plan under subsection (a), the Secretary shall conduct resource and route inventories of the area covered by the plan.CommentsClose CommentsPermalink
(c) Limitation to Designated Routes-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the plan shall limit recreational motorized and mechanized off-highway vehicle use to a system of designated roads and trails established by the plan.CommentsClose CommentsPermalink
(2) EXCEPTION- Paragraph (1) shall not apply to snowmobiles.CommentsClose CommentsPermalink
(d) Temporary Limitation-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), until the date on which the Secretary completes the plan, all recreational motorized and mechanized off-highway vehicle use shall be limited to roads and trails lawfully in existence on the day before the date of enactment of this Act.CommentsClose CommentsPermalink
(2) EXCEPTION- Paragraph (1) shall not apply to--CommentsClose CommentsPermalink
(A) snowmobiles; orCommentsClose CommentsPermalink
(B) areas specifically identified as open, closed, or limited in the Owyhee Resource Management Plan.CommentsClose CommentsPermalink
(e) Schedule-CommentsClose CommentsPermalink
(1) OWYHEE FRONT- It is the intent of Congress that, not later than 1 year after the date of enactment of this Act, the Secretary shall complete a transportation plan for the Owyhee Front.CommentsClose CommentsPermalink
(2) OTHER BUREAU OF LAND MANAGEMENT LAND IN THE COUNTY- It is the intent of Congress that, not later than 3 years after the date of enactment of this Act, the Secretary shall complete a transportation plan for Bureau of Land Management land in the County outside the Owyhee Front.CommentsClose CommentsPermalink
SEC. 158. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle G--Boundary Adjustment, Frank Church River of No Return WildernessCommentsClose CommentsPermalink
SEC. 161. PURPOSES.
The purposes of this subtitle are--CommentsClose CommentsPermalink
(1) to adjust the boundaries of the wilderness area; andCommentsClose CommentsPermalink
(2) to authorize the Secretary to sell the land designated for removal from the wilderness area due to encroachment.CommentsClose CommentsPermalink
SEC. 162. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) LAND DESIGNATED FOR EXCLUSION- The term ‘land designated for exclusion’ means the parcel of land that is--CommentsClose CommentsPermalink
(A) comprised of approximately 10.2 acres of land;CommentsClose CommentsPermalink
(B) generally depicted on the survey plat entitled ‘Proposed Boundary Change FCRONRW Sections 15 (unsurveyed) Township 14 North, Range 13 East, B.M., Custer County, Idaho’ and dated November 14, 2001; andCommentsClose CommentsPermalink
(C) more particularly described in the survey plat and legal description on file in--CommentsClose CommentsPermalink
(i) the office of the Chief of the Forest Service, Washington, DC; andCommentsClose CommentsPermalink
(ii) the office of the Intermountain Regional Forester, Ogden, Utah.CommentsClose CommentsPermalink
(2) LAND DESIGNATED FOR INCLUSION- The term ‘land designated for inclusion’ means the parcel of National Forest System land that is--CommentsClose CommentsPermalink
(A) comprised of approximately 10.2 acres of land;CommentsClose CommentsPermalink
(B) located in unsurveyed section 22, T. 14 N., R. 13 E., Boise Meridian, Custer County, Idaho;CommentsClose CommentsPermalink
(C) generally depicted on the map entitled ‘Challis National Forest, T.14 N., R. 13 E., B.M., Custer County, Idaho, Proposed Boundary Change FCRONRW’ and dated September 19, 2007; andCommentsClose CommentsPermalink
(D) more particularly described on the map and legal description on file in--CommentsClose CommentsPermalink
(i) the office of the Chief of the Forest Service, Washington, DC; andCommentsClose CommentsPermalink
(ii) the Intermountain Regional Forester, Ogden, Utah.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
(4) WILDERNESS AREA- The term ‘wilderness area’ means the Frank Church River of No Return Wilderness designated by section 3 of the Central Idaho Wilderness Act of 1980 (
SEC. 163. BOUNDARY ADJUSTMENT.
(a) Adjustment to Wilderness Area-CommentsClose CommentsPermalink
(1) INCLUSION- The wilderness area shall include the land designated for inclusion.CommentsClose CommentsPermalink
(2) EXCLUSION- The wilderness area shall not include the land designated for exclusion.CommentsClose CommentsPermalink
(b) Corrections to Legal Descriptions- The Secretary may make corrections to the legal descriptions.CommentsClose CommentsPermalink
SEC. 164. CONVEYANCE OF LAND DESIGNATED FOR EXCLUSION.
(a) In General- Subject to subsection (b), to resolve the encroachment on the land designated for exclusion, the Secretary may sell for consideration in an amount equal to fair market value--CommentsClose CommentsPermalink
(1) the land designated for exclusion; andCommentsClose CommentsPermalink
(2) as the Secretary determines to be necessary, not more than 10 acres of land adjacent to the land designated for exclusion.CommentsClose CommentsPermalink
(b) Conditions- The sale of land under subsection (a) shall be subject to the conditions that--CommentsClose CommentsPermalink
(1) the land to be conveyed be appraised in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions;CommentsClose CommentsPermalink
(2) the person buying the land shall pay--CommentsClose CommentsPermalink
(A) the costs associated with appraising and, if the land needs to be resurveyed, resurveying the land; andCommentsClose CommentsPermalink
(B) any analyses and closing costs associated with the conveyance;CommentsClose CommentsPermalink
(3) for management purposes, the Secretary may reconfigure the description of the land for sale; andCommentsClose CommentsPermalink
(4) the owner of the adjacent private land shall have the first opportunity to buy the land.CommentsClose CommentsPermalink
(c) Disposition of Proceeds-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall deposit the cash proceeds from a sale of land under subsection (a) in the fund established under
(2) AVAILABILITY AND USE- Amounts deposited under paragraph (1)--CommentsClose CommentsPermalink
(A) shall remain available until expended for the acquisition of land for National Forest purposes in the State of Idaho; andCommentsClose CommentsPermalink
(B) shall not be subject to transfer or reprogramming for--CommentsClose CommentsPermalink
(i) wildland fire management; orCommentsClose CommentsPermalink
(ii) any other emergency purposes.CommentsClose CommentsPermalink
Subtitle H--Rocky Mountain National Park WildernessCommentsClose CommentsPermalink
SEC. 171. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) MAP- The term ‘map’ means the map entitled ‘Rocky Mountain National Park Wilderness Act of 2007’ and dated September 2006.CommentsClose CommentsPermalink
(2) PARK- The term ‘Park’ means Rocky Mountain National Park located in the State of Colorado.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(4) TRAIL- The term ‘Trail’ means the East Shore Trail established under section 174(a).CommentsClose CommentsPermalink
(5) WILDERNESS- The term ‘Wilderness’ means the wilderness designated by section 172(a).CommentsClose CommentsPermalink
SEC. 172. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.
(a) Designation- In furtherance of the purposes of the Wilderness Act (
(b) Map and Boundary Description-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall--CommentsClose CommentsPermalink
(A) prepare a map and boundary description of the Wilderness; andCommentsClose CommentsPermalink
(B) submit the map and boundary description prepared under subparagraph (A) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(2) AVAILABILITY; FORCE OF LAW- The map and boundary description submitted under paragraph (1)(B) shall--CommentsClose CommentsPermalink
(A) be on file and available for public inspection in appropriate offices of the National Park Service; andCommentsClose CommentsPermalink
(B) have the same force and effect as if included in this subtitle.CommentsClose CommentsPermalink
(c) Inclusion of Potential Wilderness-CommentsClose CommentsPermalink
(1) IN GENERAL- On publication in the Federal Register of a notice by the Secretary that all uses inconsistent with the Wilderness Act (
(A) included in the Wilderness; andCommentsClose CommentsPermalink
(B) administered in accordance with subsection (e).CommentsClose CommentsPermalink
(2) BOUNDARY DESCRIPTION- On inclusion in the Wilderness of the land referred to in paragraph (1), the Secretary shall modify the map and boundary description submitted under subsection (b) to reflect the inclusion of the land.CommentsClose CommentsPermalink
(d) Exclusion of Certain Land- The following areas are specifically excluded from the Wilderness:CommentsClose CommentsPermalink
(1) The Grand River Ditch (including the main canal of the Grand River Ditch and a branch of the main canal known as the Specimen Ditch), the right-of-way for the Grand River Ditch, land 200 feet on each side of the center line of the Grand River Ditch, and any associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998.CommentsClose CommentsPermalink
(2) Land owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to the Reservoir from North St. Vrain Creek, comprising approximately 35.38 acres.CommentsClose CommentsPermalink
(3) Land owned by the Wincenstsen-Harms Trust, comprising approximately 2.75 acres.CommentsClose CommentsPermalink
(4) Land within the area depicted on the map as the ‘East Shore Trail Area’.CommentsClose CommentsPermalink
(e) Administration- Subject to valid existing rights, any land designated as wilderness under this section or added to the Wilderness after the date of enactment of this Act under subsection (c) shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (
(1) any reference in the Wilderness Act (
(2) any reference in the Wilderness Act (
(f) Water Rights-CommentsClose CommentsPermalink
(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink
(A) the United States has existing rights to water within the Park;CommentsClose CommentsPermalink
(B) the existing water rights are sufficient for the purposes of the Wilderness; andCommentsClose CommentsPermalink
(C) based on the findings described in subparagraphs (A) and (B), there is no need for the United States to reserve or appropriate any additional water rights to fulfill the purposes of the Wilderness.CommentsClose CommentsPermalink
(2) EFFECT- Nothing in this subtitle--CommentsClose CommentsPermalink
(A) constitutes an express or implied reservation by the United States of water or water rights for any purpose; orCommentsClose CommentsPermalink
(B) modifies or otherwise affects any existing water rights held by the United States for the Park.CommentsClose CommentsPermalink
(g) Fire, Insect, and Disease Control- The Secretary may take such measures in the Wilderness as are necessary to control fire, insects, and diseases, as are provided for in accordance with--CommentsClose CommentsPermalink
(1) the laws applicable to the Park; andCommentsClose CommentsPermalink
(2) the Wilderness Act (
SEC. 173. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON PROJECTS.
(a) Conditional Waiver of Strict Liability- During any period in which the Water Supply and Storage Company (or any successor in interest to the company with respect to the Grand River Ditch) operates and maintains the portion of the Grand River Ditch in the Park in compliance with an operations and maintenance agreement between the Water Supply and Storage Company and the National Park Service, the provisions of paragraph (6) of the stipulation approved June 28, 1907--CommentsClose CommentsPermalink
(1) shall be suspended; andCommentsClose CommentsPermalink
(2) shall not be enforceable against the Company (or any successor in interest).CommentsClose CommentsPermalink
(b) Agreement- The agreement referred to in subsection (a) shall--CommentsClose CommentsPermalink
(1) ensure that--CommentsClose CommentsPermalink
(A) Park resources are managed in accordance with the laws generally applicable to the Park, including--CommentsClose CommentsPermalink
(i) the Act of January 26, 1915 (
(ii) the National Park Service Organic Act (
(B) Park land outside the right-of-way corridor remains unimpaired consistent with the National Park Service management policies in effect as of the date of enactment of this Act; andCommentsClose CommentsPermalink
(C) any use of Park land outside the right-of-way corridor (as of the date of enactment of this Act) shall be permitted only on a temporary basis, subject to such terms and conditions as the Secretary determines to be necessary; andCommentsClose CommentsPermalink
(2) include stipulations with respect to--CommentsClose CommentsPermalink
(A) flow monitoring and early warning measures;CommentsClose CommentsPermalink
(B) annual and periodic inspections;CommentsClose CommentsPermalink
(C) an annual maintenance plan;CommentsClose CommentsPermalink
(D) measures to identify on an annual basis capital improvement needs; andCommentsClose CommentsPermalink
(E) the development of plans to address the needs identified under subparagraph (D).CommentsClose CommentsPermalink
(c) Limitation- Nothing in this section limits or otherwise affects--CommentsClose CommentsPermalink
(1) the liability of any individual or entity for damages to, loss of, or injury to any resource within the Park resulting from any cause or event that occurred before the date of enactment of this Act; orCommentsClose CommentsPermalink
(2)
(A) solely by--CommentsClose CommentsPermalink
(i) an act of God;CommentsClose CommentsPermalink
(ii) an act of war; orCommentsClose CommentsPermalink
(iii) an act or omission of a third party (other than an employee or agent); orCommentsClose CommentsPermalink
(B) by an activity authorized by Federal or State law.CommentsClose CommentsPermalink
(d) Colorado-Big Thompson Project and Windy Gap Project-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this subtitle, including the designation of the Wilderness, prohibits or affects current and future operation and maintenance activities in, under, or affecting the Wilderness that were allowed as of the date of enactment of this Act under the Act of January 26, 1915 (
(2) ALVA B. ADAMS TUNNEL- Nothing in this subtitle, including the designation of the Wilderness, prohibits or restricts the conveyance of water through the Alva B. Adams Tunnel for any purpose.CommentsClose CommentsPermalink
(e) Right-of-Way- Use of water transported by the Grand River Ditch for 1 or more purposes other than irrigation shall not terminate or adversely affect the right-of-way of the Grand River Ditch if the Secretary determines that the change in purpose or use does not adversely affect the Park.CommentsClose CommentsPermalink
(f) New Reclamation Projects- Nothing in the first section of the Act of January 26, 1915 (
(g) Clarification of Management Authority- Nothing in this section reduces or limits the authority of the Secretary to manage land and resources within the Park under applicable law.CommentsClose CommentsPermalink
SEC. 174. EAST SHORE TRAIL AREA.
(a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary shall establish within the East Shore Trail Area in the Park an alignment line for a trail, to be known as the ‘East Shore Trail’, to maximize the opportunity for sustained use of the Trail without causing--CommentsClose CommentsPermalink
(1) harm to affected resources; orCommentsClose CommentsPermalink
(2) conflicts among users.CommentsClose CommentsPermalink
(b) Boundaries-CommentsClose CommentsPermalink
(1) IN GENERAL- After establishing the alignment line for the Trail under subsection (a), the Secretary shall--CommentsClose CommentsPermalink
(A) identify the boundaries of the Trail, which shall not extend more than 25 feet east of the alignment line or be located within the Wilderness; andCommentsClose CommentsPermalink
(B) modify the map of the Wilderness prepared under section 172(b)(1)(A) so that the western boundary of the Wilderness is 50 feet east of the alignment line.CommentsClose CommentsPermalink
(2) ADJUSTMENTS- To the extent necessary to protect Park resources, the Secretary may adjust the boundaries of the Trail, if the adjustment does not place any portion of the Trail within the boundary of the Wilderness.CommentsClose CommentsPermalink
(c) Inclusion in Wilderness- On completion of the construction of the Trail, as authorized by the Secretary--CommentsClose CommentsPermalink
(1) any portion of the East Shore Trail Area that is not traversed by the Trail, that is not west of the Trail, and that is not within 50 feet of the centerline of the Trail shall be--CommentsClose CommentsPermalink
(A) included in the Wilderness; andCommentsClose CommentsPermalink
(B) managed as part of the Wilderness in accordance with section 172; andCommentsClose CommentsPermalink
(2) the Secretary shall modify the map and boundary description of the Wilderness prepared under section 172(b)(1)(A) to reflect the inclusion of the East Shore Trail Area land in the Wilderness.CommentsClose CommentsPermalink
(d) Effect- Nothing in this section--CommentsClose CommentsPermalink
(1) requires the construction of the Trail along the alignment line established under subsection (a); orCommentsClose CommentsPermalink
(2) limits the extent to which any otherwise applicable law or policy applies to any decision with respect to the construction of the Trail.CommentsClose CommentsPermalink
(e) Relation to Land Outside Wilderness-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in this subsection, nothing in this subtitle affects the management or use of any land not included within the boundaries of the Wilderness or the potential wilderness land.CommentsClose CommentsPermalink
(2) MOTORIZED VEHICLES AND MACHINERY- No use of motorized vehicles or other motorized machinery that was not permitted on March 1, 2006, shall be allowed in the East Shore Trail Area except as the Secretary determines to be necessary for use in--CommentsClose CommentsPermalink
(A) constructing the Trail, if the construction is authorized by the Secretary; orCommentsClose CommentsPermalink
(B) maintaining the Trail.CommentsClose CommentsPermalink
(3) MANAGEMENT OF LAND BEFORE INCLUSION- Until the Secretary authorizes the construction of the Trail and the use of the Trail for non-motorized bicycles, the East Shore Trail Area shall be managed--CommentsClose CommentsPermalink
(A) to protect any wilderness characteristics of the East Shore Trail Area; andCommentsClose CommentsPermalink
(B) to maintain the suitability of the East Shore Trail Area for inclusion in the Wilderness.CommentsClose CommentsPermalink
SEC. 175. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.
(a) Indian Peaks Wilderness Boundary Adjustment- Section 3(a) of the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (
(1) by striking ‘seventy thousand acres’ and inserting ‘74,195 acres’; andCommentsClose CommentsPermalink
(2) by striking ‘, dated July 1978’ and inserting ‘and dated May 2007’.CommentsClose CommentsPermalink
(b) Arapaho National Recreation Area Boundary Adjustment- Section 4(a) of the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (
(1) by striking ‘thirty-six thousand two hundred thirty-five acres’ and inserting ‘35,235 acres’; andCommentsClose CommentsPermalink
(2) by striking ‘, dated July 1978’ and inserting ‘and dated May 2007’.CommentsClose CommentsPermalink
SEC. 176. AUTHORITY TO LEASE LEIFFER TRACT.
(a) In General- Section 3(k) of
(b) Description of the Land- The parcel of land referred to in subsection (a) is the parcel of land known as the ‘Leiffer tract’ that is--CommentsClose CommentsPermalink
(1) located near the eastern boundary of the Park in Larimer County, Colorado; andCommentsClose CommentsPermalink
(2) administered by the National Park Service.CommentsClose CommentsPermalink
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--National Landscape Conservation SystemCommentsClose CommentsPermalink
SEC. 201. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(2) SYSTEM- The term ‘system’ means the National Landscape Conservation System established by section 202(a).CommentsClose CommentsPermalink
SEC. 202. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM.
(a) Establishment- In order to conserve, protect, and restore nationally significant landscapes that have outstanding cultural, ecological, and scientific values for the benefit of current and future generations, there is established in the Bureau of Land Management the National Landscape Conservation System.CommentsClose CommentsPermalink
(b) Components- The system shall include each of the following areas administered by the Bureau of Land Management:CommentsClose CommentsPermalink
(1) Each area that is designated as--CommentsClose CommentsPermalink
(A) a national monument;CommentsClose CommentsPermalink
(B) a national conservation area;CommentsClose CommentsPermalink
(C) a wilderness study area;CommentsClose CommentsPermalink
(D) a national scenic trail or national historic trail designated as a component of the National Trails System;CommentsClose CommentsPermalink
(E) a component of the National Wild and Scenic Rivers System; orCommentsClose CommentsPermalink
(F) a component of the National Wilderness Preservation System.CommentsClose CommentsPermalink
(2) Any area designated by Congress to be administered for conservation purposes, including--CommentsClose CommentsPermalink
(A) the Steens Mountain Cooperative Management and Protection Area;CommentsClose CommentsPermalink
(B) the Headwaters Forest Reserve;CommentsClose CommentsPermalink
(C) the Yaquina Head Outstanding Natural Area; andCommentsClose CommentsPermalink
(D) any additional area designated by Congress for inclusion in the system.CommentsClose CommentsPermalink
(c) Management- The Secretary shall manage the system--CommentsClose CommentsPermalink
(1) in accordance with any applicable law (including regulations) relating to any component of the system included under subsection (b); andCommentsClose CommentsPermalink
(2) in a manner that protects the values for which the components of the system were designated.CommentsClose CommentsPermalink
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle B--Prehistoric Trackways National MonumentCommentsClose CommentsPermalink
SEC. 211. FINDINGS.
Congress finds that--CommentsClose CommentsPermalink
(1) in 1987, a major deposit of Paleozoic Era fossilized footprint megatrackways was discovered in the Robledo Mountains in southern New Mexico;CommentsClose CommentsPermalink
(2) the trackways contain footprints of numerous amphibians, reptiles, and insects (including previously unknown species), plants, and petrified wood dating back approximately 280,000,000 years, which collectively provide new opportunities to understand animal behaviors and environments from a time predating the dinosaurs;CommentsClose CommentsPermalink
(3) title III of
(A) provided interim protection for the site at which the trackways were discovered; andCommentsClose CommentsPermalink
(B) directed the Secretary of the Interior to--CommentsClose CommentsPermalink
(i) prepare a study assessing the significance of the site; andCommentsClose CommentsPermalink
(ii) based on the study, provide recommendations for protection of the paleontological resources at the site;CommentsClose CommentsPermalink
(4) the Bureau of Land Management completed the Paleozoic Trackways Scientific Study Report in 1994, which characterized the site as containing ‘the most scientifically significant Early Permian tracksites’ in the world;CommentsClose CommentsPermalink
(5) despite the conclusion of the study and the recommendations for protection, the site remains unprotected and many irreplaceable trackways specimens have been lost to vandalism or theft; andCommentsClose CommentsPermalink
(6) designation of the trackways site as a National Monument would protect the unique fossil resources for present and future generations while allowing for public education and continued scientific research opportunities.CommentsClose CommentsPermalink
SEC. 212. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) MONUMENT- The term ‘Monument’ means the Prehistoric Trackways National Monument established by section 213(a).CommentsClose CommentsPermalink
(2) PUBLIC LAND- The term ‘public land’ has the meaning given the term ‘public lands’ in section 103 of the Federal Land Policy and Management Act of 1976 (
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
SEC. 213. ESTABLISHMENT.
(a) In General- In order to conserve, protect, and enhance the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of the public land described in subsection (b), there is established the Prehistoric Trackways National Monument in the State of New Mexico.CommentsClose CommentsPermalink
(b) Description of Land- The Monument shall consist of approximately 5,280 acres of public land in Don.AE6a Ana County, New Mexico, as generally depicted on the map entitled ‘Prehistoric Trackways National Monument’ and dated January 25, 2007.CommentsClose CommentsPermalink
(c) Map; Legal Description-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress an official map and legal description of the Monument.CommentsClose CommentsPermalink
(2) CORRECTIONS- The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the legal description and the map.CommentsClose CommentsPermalink
(3) CONFLICT BETWEEN MAP AND LEGAL DESCRIPTION- In the case of a conflict between the map and the legal description, the map shall control.CommentsClose CommentsPermalink
(4) AVAILABILITY OF MAP AND LEGAL DESCRIPTION- Copies of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink
(d) Minor Boundary Adjustments- If additional paleontological resources are discovered on public land adjacent to the Monument after the date of enactment of this Act, the Secretary may make minor boundary adjustments to the Monument to include the resources in the Monument.CommentsClose CommentsPermalink
SEC. 214. ADMINISTRATION.
(a) Management-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall manage the Monument--CommentsClose CommentsPermalink
(A) in a manner that conserves, protects, and enhances the resources and values of the Monument, including the resources and values described in section 213(a); andCommentsClose CommentsPermalink
(B) in accordance with--CommentsClose CommentsPermalink
(i) this subtitle;CommentsClose CommentsPermalink
(ii) the Federal Land Policy and Management Act of 1976 (
(iii) other applicable laws.CommentsClose CommentsPermalink
(2) NATIONAL LANDSCAPE CONSERVATION SYSTEM- The Monument shall be managed as a component of the National Landscape Conservation System.CommentsClose CommentsPermalink
(b) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Monument.CommentsClose CommentsPermalink
(2) COMPONENTS- The management plan under paragraph (1)--CommentsClose CommentsPermalink
(A) shall--CommentsClose CommentsPermalink
(i) describe the appropriate uses and management of the Monument, consistent with the provisions of this subtitle; andCommentsClose CommentsPermalink
(ii) allow for continued scientific research at the Monument during the development of the management plan; andCommentsClose CommentsPermalink
(B) may--CommentsClose CommentsPermalink
(i) incorporate any appropriate decisions contained in any current management or activity plan for the land described in section 213(b); andCommentsClose CommentsPermalink
(ii) use information developed in studies of any land within or adjacent to the Monument that were conducted before the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Authorized Uses- The Secretary shall only allow uses of the Monument that the Secretary determines would further the purposes for which the Monument has been established.CommentsClose CommentsPermalink
(d) Interpretation, Education, and Scientific Research-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources in Don.AE6a Ana County, New Mexico.CommentsClose CommentsPermalink
(2) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with appropriate public entities to carry out paragraph (1).CommentsClose CommentsPermalink
(e) Special Management Areas-CommentsClose CommentsPermalink
(1) IN GENERAL- The establishment of the Monument shall not change the management status of any area within the boundary of the Monument that is--CommentsClose CommentsPermalink
(A) designated as a wilderness study area and managed in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 (
(B) managed as an area of critical environment concern.CommentsClose CommentsPermalink
(2) CONFLICT OF LAWS- If there is a conflict between the laws applicable to the areas described in paragraph (1) and this subtitle, the more restrictive provision shall control.CommentsClose CommentsPermalink
(f) Motorized Vehicles-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Monument shall be allowed only on roads and trails designated for use by motorized vehicles under the management plan prepared under subsection (b).CommentsClose CommentsPermalink
(2) PERMITTED EVENTS- The Secretary may issue permits for special recreation events involving motorized vehicles within the boundaries of the Monument, including the ‘Chile Challenge’--CommentsClose CommentsPermalink
(A) to the extent the events do not harm paleontological resources; andCommentsClose CommentsPermalink
(B) subject to any terms and conditions that the Secretary determines to be necessary.CommentsClose CommentsPermalink
(g) Withdrawals- Subject to valid existing rights, any Federal land within the Monument and any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act are withdrawn from--CommentsClose CommentsPermalink
(1) entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(3) operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws.CommentsClose CommentsPermalink
(h) Grazing- The Secretary may allow grazing to continue in any area of the Monument in which grazing is allowed before the date of enactment of this Act, subject to applicable laws (including regulations).CommentsClose CommentsPermalink
(i) Water Rights- Nothing in this subtitle constitutes an express or implied reservation by the United States of any water or water rights with respect to the Monument.CommentsClose CommentsPermalink
SEC. 215. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle C--Fort Stanton-Snowy River Cave National Conservation AreaCommentsClose CommentsPermalink
SEC. 221. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) CONSERVATION AREA- The term ‘Conservation Area’ means the Fort Stanton-Snowy River Cave National Conservation Area established by section 222(a).CommentsClose CommentsPermalink
(2) MANAGEMENT PLAN- The term ‘management plan’ means the management plan developed for the Conservation Area under section 223(c).CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.CommentsClose CommentsPermalink
SEC. 222. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER CAVE NATIONAL CONSERVATION AREA.
(a) Establishment; Purposes- There is established the Fort Stanton-Snowy River Cave National Conservation Area in Lincoln County, New Mexico, to protect, conserve, and enhance the unique and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave resources of the Fort Stanton-Snowy River cave system.CommentsClose CommentsPermalink
(b) Area Included- The Conservation Area shall include the area within the boundaries depicted on the map entitled ‘Fort Stanton-Snowy River Cave National Conservation Area’ and dated January 25, 2007.CommentsClose CommentsPermalink
(c) Map and Legal Description-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Conservation Area.CommentsClose CommentsPermalink
(2) EFFECT- The map and legal description of the Conservation Area shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any minor errors in the map and legal description.CommentsClose CommentsPermalink
(3) PUBLIC AVAILABILITY- The map and legal description of the Conservation Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink
SEC. 223. MANAGEMENT OF THE CONSERVATION AREA.
(a) Management-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall manage the Conservation Area--CommentsClose CommentsPermalink
(A) in a manner that conserves, protects, and enhances the resources and values of the Conservation Area, including the resources and values described in section 222(a); andCommentsClose CommentsPermalink
(B) in accordance with--CommentsClose CommentsPermalink
(i) this subtitle;CommentsClose CommentsPermalink
(ii) the Federal Land Policy and Management Act of 1976 (
(iii) any other applicable laws.CommentsClose CommentsPermalink
(2) USES- The Secretary shall only allow uses of the Conservation Area that are consistent with the protection of the cave resources.CommentsClose CommentsPermalink
(3) REQUIREMENTS- In administering the Conservation Area, the Secretary shall provide for--CommentsClose CommentsPermalink
(A) the conservation and protection of the natural and unique features and environs for scientific, educational, and other appropriate public uses of the Conservation Area;CommentsClose CommentsPermalink
(B) public access, as appropriate, while providing for the protection of the cave resources and for public safety;CommentsClose CommentsPermalink
(C) the continuation of other existing uses or other new uses of the Conservation Area that do not impair the purposes for which the Conservation Area is established;CommentsClose CommentsPermalink
(D) management of the surface area of the Conservation Area in accordance with the Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated March, 2001, or any amendments to the plan, consistent with this subtitle; andCommentsClose CommentsPermalink
(E) scientific investigation and research opportunities within the Conservation Area, including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and provide educational and interpretive services within the Conservation Area.CommentsClose CommentsPermalink
(b) Withdrawals- Subject to valid existing rights, all Federal surface and subsurface land within the Conservation Area and all land and interests in the land that are acquired by the United States after the date of enactment of this Act for inclusion in the Conservation Area, are withdrawn from--CommentsClose CommentsPermalink
(1) all forms of entry, appropriation, or disposal under the general land laws;CommentsClose CommentsPermalink
(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(3) operation under the mineral leasing and geothermal leasing laws.CommentsClose CommentsPermalink
(c) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-term management of the Conservation Area.CommentsClose CommentsPermalink
(2) PURPOSES- The management plan shall--CommentsClose CommentsPermalink
(A) describe the appropriate uses and management of the Conservation Area;CommentsClose CommentsPermalink
(B) incorporate, as appropriate, decisions contained in any other management or activity plan for the land within or adjacent to the Conservation Area;CommentsClose CommentsPermalink
(C) take into consideration any information developed in studies of the land and resources within or adjacent to the Conservation Area; andCommentsClose CommentsPermalink
(D) provide for a cooperative agreement with Lincoln County, New Mexico, to address the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area.CommentsClose CommentsPermalink
(d) Activities Outside Conservation Area- The establishment of the Conservation Area shall not--CommentsClose CommentsPermalink
(1) create a protective perimeter or buffer zone around the Conservation Area; orCommentsClose CommentsPermalink
(2) preclude uses or activities outside the Conservation Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Conservation Area.CommentsClose CommentsPermalink
(e) Research and Interpretive Facilities-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may establish facilities for--CommentsClose CommentsPermalink
(A) the conduct of scientific research; andCommentsClose CommentsPermalink
(B) the interpretation of the historical, cultural, scientific, archaeological, natural, and educational resources of the Conservation Area.CommentsClose CommentsPermalink
(2) COOPERATIVE AGREEMENTS- The Secretary may, in a manner consistent with this subtitle, enter into cooperative agreements with the State of New Mexico and other institutions and organizations to carry out the purposes of this subtitle.CommentsClose CommentsPermalink
(f) Water Rights- Nothing in this subtitle constitutes an express or implied reservation of any water right.CommentsClose CommentsPermalink
SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle D--Snake River Birds of Prey National Conservation AreaCommentsClose CommentsPermalink
SEC. 231. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA.
(a) Renaming-
(1) in section 2(2) (
(2) in section 3(a)(1) (
(b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the Snake River Birds of Prey National Conservation Area shall be deemed to be a reference to the Morley Nelson Snake River Birds of Prey National Conservation Area.CommentsClose CommentsPermalink
(c) Technical Corrections-
(1) in section 3(a)(1) (
(2) in section 4 (
(A) in subsection (a)(2), by striking ‘Conservation Area’ and inserting ‘conservation area’; andCommentsClose CommentsPermalink
(B) in subsection (d), by striking ‘Visitors Center’ and inserting ‘visitors center’.CommentsClose CommentsPermalink
Subtitle E--Rio Puerco Watershed Management ProgramCommentsClose CommentsPermalink
SEC. 241. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.
(a) Rio Puerco Management Committee- Section 401(b) of the Omnibus Parks and Public Lands Management Act of 1996 (
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) by redesignating subparagraphs (I) through (N) as subparagraphs (J) through (O), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (H) the following:CommentsClose CommentsPermalink
‘(I) the Environmental Protection Agency;’; andCommentsClose CommentsPermalink
(2) in paragraph (4), by striking ‘enactment of this Act’ and inserting ‘enactment of the Omnibus Public Lands Management Act of 2008’.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 401(e) of the Omnibus Parks and Public Lands Management Act of 1996 (
Subtitle F--Land Conveyances and ExchangesCommentsClose CommentsPermalink
SEC. 251. PIMA COUNTY, ARIZONA, LAND EXCHANGE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CONSERVATION AREA- The term ‘Conservation Area’ means the Las Cienegas National Conservation Area.CommentsClose CommentsPermalink
(2) COUNTY- The term ‘County’ means Pima County, Arizona.CommentsClose CommentsPermalink
(3) FEDERAL LAND- The term ‘Federal land’ means the parcel of land consisting of approximately 1,196 acres, as generally depicted on the map entitled ‘Las Cienegas Enhancement Act--Federal Land’ and dated April 17, 2007.CommentsClose CommentsPermalink
(4) NON-FEDERAL LAND- The term ‘non-Federal land’ means--CommentsClose CommentsPermalink
(A) the Empirita-Simonson parcel of land consisting of approximately 2,568 acres, as generally depicted on the map entitled ‘Las Cienegas Enhancement Act--Non-Federal Land’ and dated April 17, 2007; andCommentsClose CommentsPermalink
(B) the Bloom parcel of land consisting of approximately 160 acres, as generally depicted on the map entitled ‘Saguaro National Park, Bloom Tract’ and dated April 17, 2007.CommentsClose CommentsPermalink
(5) PARK- The term ‘Park’ means Saguaro National Park.CommentsClose CommentsPermalink
(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(7) WELL SITE- The term ‘well site’ means a well site that consists of approximately 98 acres of land, as generally depicted on the map entitled ‘Las Cienegas Enhancement Act--Non-Federal Land’ and dated April 17, 2007.CommentsClose CommentsPermalink
(b) Land Exchange-CommentsClose CommentsPermalink
(1) IN GENERAL- If the owner of the non-Federal land offers to convey to the Secretary title to the non-Federal land that is acceptable to the Secretary, the Secretary shall--CommentsClose CommentsPermalink
(A) accept the offer; andCommentsClose CommentsPermalink
(B) simultaneously convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land.CommentsClose CommentsPermalink
(2) VALUATION, APPRAISALS, AND EQUALIZATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The value of the Federal land and the non-Federal land--CommentsClose CommentsPermalink
(i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); orCommentsClose CommentsPermalink
(ii) if not equal, shall be equalized in accordance with subparagraph (C).CommentsClose CommentsPermalink
(B) APPRAISALS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Federal land and the non-Federal land shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non-Federal land.CommentsClose CommentsPermalink
(ii) REQUIREMENTS- An appraisal under clause (i) shall--CommentsClose CommentsPermalink
(I) be conducted in accordance with--CommentsClose CommentsPermalink
(aa) the Uniform Appraisal Standards for Federal Land Acquisition; andCommentsClose CommentsPermalink
(bb) the Uniform Standards of Professional Appraisal Practice; andCommentsClose CommentsPermalink
(II) not later than 180 days after the date of enactment of this Act, be submitted to the Secretary and the owner of the non-Federal land for approval.CommentsClose CommentsPermalink
(C) EQUALIZATION-CommentsClose CommentsPermalink
(i) IN GENERAL- If the value of the Federal land and the non-Federal land is not equal, the value may be equalized by--CommentsClose CommentsPermalink
(I) the Secretary making a cash equalization payment to the owner of the non-Federal land;CommentsClose CommentsPermalink
(II) the owner of the non-Federal land making a cash equalization payment to the Secretary; orCommentsClose CommentsPermalink
(III) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.CommentsClose CommentsPermalink
(ii) CASH EQUALIZATION PAYMENTS-CommentsClose CommentsPermalink
(I) DISPOSITION- Any cash equalization payments received by the Secretary under clause (i)(II) shall be deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (
(II) USE- Amounts deposited under subclause (I) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of land and interests in land in southern Arizona.CommentsClose CommentsPermalink
(3) CONDITIONS OF CONVEYANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- As a condition of the conveyance of the Federal land, the owner of the non-Federal land shall--CommentsClose CommentsPermalink
(i) pay the costs of carrying out the exchange of the Federal land and the non-Federal land under this subsection, including any direct costs relating to any environmental reviews and any required mitigation of the Federal land;CommentsClose CommentsPermalink
(ii) enter into an agreement with the County to convey to the County the well site; andCommentsClose CommentsPermalink
(iii) relinquish to the County any water rights to the well site held by the owner of the non-Federal land.CommentsClose CommentsPermalink
(B) VALID EXISTING RIGHTS- The exchange of Federal land and non-Federal land shall be subject to any easements, rights-of-way, and other valid encumbrances in existence on the date of enactment of this Act.CommentsClose CommentsPermalink
(4) LEGAL DESCRIPTIONS- The Secretary and the owner of the non-Federal land may mutually agree to--CommentsClose CommentsPermalink
(A) correct minor errors in the legal descriptions of the Federal land and the non-Federal land; orCommentsClose CommentsPermalink
(B) make minor adjustments to the boundaries of the Federal land and the non-Federal land.CommentsClose CommentsPermalink
(5) DEADLINE FOR COMPLETION OF EXCHANGE- It is the intent of Congress that the land exchange under this subsection shall be completed not later than 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) ADMINISTRATION OF LAND ACQUIRED BY THE UNITED STATES-CommentsClose CommentsPermalink
(A) EMPIRITA-SIMONSON PARCEL- On acquisition by the Secretary, the parcel of non-Federal land described in subsection (a)(4)(A) shall--CommentsClose CommentsPermalink
(i) become part of the Conservation Area; andCommentsClose CommentsPermalink
(ii) be administered by the Secretary in accordance with
(B) BLOOM PARCEL- On acquisition by the Secretary, the parcel of non-Federal land described in subsection (a)(4)(B) shall--CommentsClose CommentsPermalink
(i) become part of the Park; andCommentsClose CommentsPermalink
(ii) be administered by the Secretary in accordance with the Saguaro National Park Establishment Act of 1994 (
(2) NATIONAL CONSERVATION AREA BOUNDARY ADJUSTMENT- The boundary of the Conservation Area is modified to exclude the 40-acre tract of Bureau of Land Management that is leased to the town of Elgin, Arizona, for a sanitary landfill.CommentsClose CommentsPermalink
(3) ROAD ACCESS- Not later than 18 months after the date on which the non-Federal land is acquired by the Secretary, the Secretary shall, in accordance with section 507 of the Federal Land Policy and Management Act of 1976 (
SEC. 252. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CITY- The term ‘City’ means the City of Henderson, Nevada.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(3) STATE- The term ‘State’ means the State of Nevada.CommentsClose CommentsPermalink
(4) TRANSITION AREA- The term ‘Transition Area’ means the approximately 502 acres of Federal land located in Henderson, Nevada, and identified as ‘Limited Transition Area’ on the map entitled ‘Southern Nevada Limited Transition Area Act’ and dated March 20, 2006.CommentsClose CommentsPermalink
(b) Southern Nevada Limited Transition Area-CommentsClose CommentsPermalink
(1) CONVEYANCE- Notwithstanding the Federal Land Policy and Management Act of 1976 (
(2) USE OF LAND FOR NONRESIDENTIAL DEVELOPMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- After the conveyance to the City under paragraph (1), the City may sell, lease, or otherwise convey any portion or portions of the Transition Area for purposes of nonresidential development.CommentsClose CommentsPermalink
(B) METHOD OF SALE-CommentsClose CommentsPermalink
(i) IN GENERAL- The sale, lease, or conveyance of land under subparagraph (A) shall be through a competitive bidding process.CommentsClose CommentsPermalink
(ii) FAIR MARKET VALUE- Any land sold, leased, or otherwise conveyed under subparagraph (A) shall be for not less than fair market value.CommentsClose CommentsPermalink
(C) COMPLIANCE WITH CHARTER- Except as provided in subparagraphs (B) and (D), the City may sell, lease, or otherwise convey parcels within the Transition Area only in accordance with the procedures for conveyances established in the City Charter.CommentsClose CommentsPermalink
(D) DISPOSITION OF PROCEEDS- The gross proceeds from the sale of land under subparagraph (A) shall be distributed in accordance with section 4(e) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345).CommentsClose CommentsPermalink
(3) USE OF LAND FOR RECREATION OR OTHER PUBLIC PURPOSES- The City may elect to retain parcels in the Transition Area for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (
(4) NOISE COMPATIBILITY REQUIREMENTS- The City shall--CommentsClose CommentsPermalink
(A) plan and manage the Transition Area in accordance with
(B) agree that if any land in the Transition Area is sold, leased, or otherwise conveyed by the City, the sale, lease, or conveyance shall contain a limitation to require uses compatible with that airport noise compatibility planning.CommentsClose CommentsPermalink
(5) REVERSION-CommentsClose CommentsPermalink
(A) IN GENERAL- If any parcel of land in the Transition Area is not conveyed for nonresidential development under this section or reserved for recreation or other public purposes under paragraph (3) by the date that 20 years after the date of enactment of this Act, the parcel of land shall, at the discretion of the Secretary, revert to the United States.CommentsClose CommentsPermalink
(B) INCONSISTENT USE- If the City uses any parcel of land within the Transition Area in a manner that is inconsistent with the uses specified in this subsection--CommentsClose CommentsPermalink
(i) at the discretion of the Secretary, the parcel shall revert to the United States; orCommentsClose CommentsPermalink
(ii) if the Secretary does not make an election under clause (i), the City shall sell the parcel of land in accordance with this subsection.CommentsClose CommentsPermalink
SEC. 253. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) ALTA-HUALAPAI SITE- The term ‘Alta-Hualapai Site’ means the approximately 80 acres of land that is--CommentsClose CommentsPermalink
(A) patented to the City under the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (
(B) identified on the map as the ‘Alta-Hualapai Site’.CommentsClose CommentsPermalink
(2) CITY- The term ‘City’ means the city of Las Vegas, Nevada.CommentsClose CommentsPermalink
(3) INSTITUTE- The term ‘Institute’ means the Nevada Cancer Institute, a nonprofit organization described under section 501(c)(3) of the Internal Revenue Code of 1986, the principal place of business of which is at 10441 West Twain Avenue, Las Vegas, Nevada.CommentsClose CommentsPermalink
(4) MAP- The term ‘map’ means the map titled ‘Nevada Cancer Institute Expansion Act’ and dated July 17, 2006.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.CommentsClose CommentsPermalink
(6) WATER DISTRICT- The term ‘Water District’ means the Las Vegas Valley Water District.CommentsClose CommentsPermalink
(b) Land Conveyance-CommentsClose CommentsPermalink
(1) SURVEY AND LEGAL DESCRIPTION- The City shall prepare a survey and legal description of the Alta-Hualapai Site. The survey shall conform to the Bureau of Land Management cadastral survey standards and be subject to approval by the Secretary.CommentsClose CommentsPermalink
(2) ACCEPTANCE- The Secretary may accept the relinquishment by the City of all or part of the Alta-Hualapai Site.CommentsClose CommentsPermalink
(3) CONVEYANCE FOR USE AS NONPROFIT CANCER INSTITUTE- After relinquishment of all or part of the Alta-Hualapai Site to the Secretary, and not later than 180 days after request of the Institute, the Secretary shall convey to the Institute, subject to valid existing rights, the portion of the Alta-Hualapai Site that is necessary for the development of a nonprofit cancer institute.CommentsClose CommentsPermalink
(4) ADDITIONAL CONVEYANCES- Not later than 180 days after a request from the City, the Secretary shall convey to the City, subject to valid existing rights, any remaining portion of the Alta-Hualapai Site necessary for ancillary medical or nonprofit use compatible with the mission of the Institute.CommentsClose CommentsPermalink
(5) APPLICABLE LAW- Any conveyance by the City of any portion of the land received under this section shall be for no less than fair market value and the proceeds shall be distributed in accordance with section 4(e)(1) of
(6) TRANSACTION COSTS- All land conveyed by the Secretary under this section shall be at no cost, except that the Secretary may require the recipient to bear any costs associated with transfer of title or any necessary land surveys.CommentsClose CommentsPermalink
(7) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on all transactions conducted under
(c) Rights-of-Way- Consistent with the Federal Land Policy and Management Act of 1976 (
(d) Reversion- Any property conveyed pursuant to this section which ceases to be used for the purposes specified in this section shall, at the discretion of the Secretary, revert to the United States, along with any improvements thereon or thereto.CommentsClose CommentsPermalink
SEC. 254. TURNABOUT RANCH LAND CONVEYANCE, UTAH.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) FEDERAL LAND- The term ‘Federal land’ means the approximately 25 acres of Bureau of Land Management land identified on the map as ‘Lands to be conveyed to Turnabout Ranch’.CommentsClose CommentsPermalink
(2) MAP- The term ‘map’ means the map entitled ‘Turnabout Ranch Conveyance’ dated May 12, 2006, and on file in the office of the Director of the Bureau of Land Management.CommentsClose CommentsPermalink
(3) MONUMENT- The term ‘Monument’ means the Grand Staircase-Escalante National Monument located in southern Utah.CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(5) TURNABOUT RANCH- The term ‘Turnabout Ranch’ means the Turnabout Ranch in Escalante, Utah, owned by Aspen Education Group.CommentsClose CommentsPermalink
(b) Conveyance of Federal Land to Turnabout Ranch-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (
(2) APPRAISAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the Federal land. The appraisal shall be completed in accordance with the ‘Uniform Appraisal Standards for Federal Land Acquisitions’ and the ‘Uniform Standards of Professional Appraisal Practice’. All costs associated with the appraisal shall be born by Turnabout Ranch.CommentsClose CommentsPermalink
(3) PAYMENT OF CONSIDERATION- Not later than 30 days after the date on which the Federal land is conveyed under paragraph (1), as a condition of the conveyance, Turnabout Ranch shall pay to the Secretary an amount equal to the appraised value of the Federal land, as determined under paragraph (2).CommentsClose CommentsPermalink
(4) COSTS OF CONVEYANCE- As a condition of the conveyance, any costs of the conveyance under this section shall be paid by Turnabout Ranch.CommentsClose CommentsPermalink
(5) DISPOSITION OF PROCEEDS- The Secretary shall deposit the proceeds from the conveyance of the Federal land under paragraph (1) in the Federal Land Deposit Account established by section 206 of the Federal Land Transaction Facilitation Act(
(c) Modification of Monument Boundary- When the conveyance authorized by subsection (b) is completed, the boundaries of the Grand Staircase-Escalante National Monument in the State of Utah are hereby modified to exclude the Federal land conveyed to Turnabout Ranch.CommentsClose CommentsPermalink
SEC. 255. BOY SCOUTS LAND EXCHANGE, UTAH.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) BOY SCOUTS- The term ‘Boy Scouts’ means the Utah National Parks Council of the Boy Scouts of America.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Boy Scouts of America Land Exchange-CommentsClose CommentsPermalink
(1) AUTHORITY TO CONVEY-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to paragraph (3) and notwithstanding the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (
(B) REVERSIONARY INTEREST- On conveyance of the parcel of land described in paragraph (2)(A), the Secretary shall have discretion with respect to whether or not the reversionary interests of the United States are to be exercised.CommentsClose CommentsPermalink
(2) DESCRIPTION OF LAND- The parcels of land referred to in paragraph (1) are--CommentsClose CommentsPermalink
(A) the 120-acre parcel that is part of a tract of public land acquired by the Boy Scouts under the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (
(B) the 2 parcels of private land owned by Brian Head Resort that total 120 acres, which are more particularly described as--CommentsClose CommentsPermalink
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, T. 35 S., R. 9 W., Salt Lake Base and Meridian; andCommentsClose CommentsPermalink
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., Salt Lake Base Meridian.CommentsClose CommentsPermalink
(3) CONDITIONS- On conveyance to the Boy Scouts under paragraph (1)(A), the parcels of land described in paragraph (2)(B) shall be subject to the terms and conditions imposed on the entire tract of land acquired by the Boy Scouts for a camp under the Bureau of Land Management patent numbered 43-75-0010.CommentsClose CommentsPermalink
(4) MODIFICATION OF PATENT- On completion of the exchange under paragraph (1)(A), the Secretary shall amend the original Bureau of Land Management patent providing for the conveyance to the Boy Scouts under the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (
SEC. 256. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) PUBLIC LAND- The term ‘public land’ means the approximately 622 acres of Federal land managed by the Bureau of Land Management and identified for conveyance on the map prepared by the Bureau of Land Management entitled ‘Douglas County Public Utility District Proposal’ and dated March 2, 2006.CommentsClose CommentsPermalink
(2) PUD- The term ‘PUD’ means the Public Utility District No. 1 of Douglas County, Washington.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(4) WELLS HYDROELECTRIC PROJECT- The term ‘Wells Hydroelectric Project’ means Federal Energy Regulatory Commission Project No. 2149.CommentsClose CommentsPermalink
(b) Conveyance of Public Land, Wells Hydroelectric Project, Public Utility District No. 1 of Douglas County, Washington-CommentsClose CommentsPermalink
(1) CONVEYANCE REQUIRED- Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (
(2) APPRAISAL- Not later than 60 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the public land. The appraisal shall be conducted in accordance with the ‘Uniform Appraisal Standards for Federal Land Acquisitions’ and the ‘Uniform Standards of Professional Appraisal Practice’.CommentsClose CommentsPermalink
(3) PAYMENT- Not later than 30 days after the date on which the public land is conveyed under this subsection, the PUD shall pay to the Secretary an amount equal to the appraised value of the public land as determined under paragraph (2).CommentsClose CommentsPermalink
(4) MAP AND LEGAL DESCRIPTIONS- As soon as practicable after the date of enactment of this Act, the Secretary shall finalize legal descriptions of the public land to be conveyed under this subsection. The Secretary may correct any minor errors in the map referred to in subsection (a)(1) or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink
(5) COSTS OF CONVEYANCE- As a condition of conveyance, any costs related to the conveyance under this subsection shall be paid by the PUD.CommentsClose CommentsPermalink
(6) DISPOSITION OF PROCEEDS- The Secretary shall deposit the proceeds from the sale in the Federal Land Disposal Account established by section 206 of the Federal Land Transaction Facilitation Act (
(c) Segregation of Lands-CommentsClose CommentsPermalink
(1) WITHDRAWAL- Except as provided in subsection (b)(1), effective immediately upon enactment of this Act, and subject to valid existing rights, the public land is withdrawn from--CommentsClose CommentsPermalink
(A) all forms of entry, appropriation, or disposal under the public land laws, and all amendments thereto;CommentsClose CommentsPermalink
(B) location, entry, and patenting under the mining laws, and all amendments thereto; andCommentsClose CommentsPermalink
(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto.CommentsClose CommentsPermalink
(2) DURATION- This subsection expires two years after the date of enactment of this Act or on the date of the completion of the conveyance under subsection (b), whichever is earlier.CommentsClose CommentsPermalink
(d) Retained Authority- The Secretary shall retain the authority to place conditions on the license to insure adequate protection and utilization of the public land granted to the Secretary in section 4(e) of the Federal Power Act (
TITLE III--FOREST SERVICE AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Watershed Restoration and EnhancementCommentsClose CommentsPermalink
SEC. 301. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (
(1) in subsection (a), by striking ‘each of fiscal years 2006 through 2011’ and inserting ‘fiscal year 2006 and each fiscal year thereafter’;CommentsClose CommentsPermalink
(2) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(3) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
‘(d) Applicable Law- Chapter 63 of title 31, United States Code, shall not apply to--CommentsClose CommentsPermalink
‘(1) a watershed restoration and enhancement agreement entered into under this section; orCommentsClose CommentsPermalink
‘(2) an agreement entered into under the first section of
Public Law 94-148 (16 U.S.C. 565a-1 ).’.CommentsClose CommentsPermalink
Subtitle B--Wildland Firefighter SafetyCommentsClose CommentsPermalink
SEC. 311. WILDLAND FIREFIGHTER SAFETY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) SECRETARIES- The term ‘Secretaries’ means--CommentsClose CommentsPermalink
(A) the Secretary of the Interior, acting through the Directors of the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, and the Bureau of Indian Affairs; andCommentsClose CommentsPermalink
(B) the Secretary of Agriculture, acting through the Chief of the Forest Service.CommentsClose CommentsPermalink
(2) WILDLAND FIREFIGHTER- The term ‘wildland firefighter’ means any person who participates in wildland firefighting activities--CommentsClose CommentsPermalink
(A) under the direction of either of the Secretaries; orCommentsClose CommentsPermalink
(B) under a contract or compact with a federally recognized Indian tribe.CommentsClose CommentsPermalink
(b) Annual Report to Congress-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretaries shall jointly submit to Congress an annual report on the wildland firefighter safety practices of the Secretaries, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use, during the preceding calendar year.CommentsClose CommentsPermalink
(2) TIMELINE- Each report under paragraph (1) shall--CommentsClose CommentsPermalink
(A) be submitted by not later than March of the year following the calendar year covered by the report; andCommentsClose CommentsPermalink
(B) include--CommentsClose CommentsPermalink
(i) a description of, and any changes to, wildland firefighter safety practices, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use;CommentsClose CommentsPermalink
(ii) statistics and trend analyses;CommentsClose CommentsPermalink
(iii) an estimate of the amount of Federal funds expended by the Secretaries on wildland firefighter safety practices, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use;CommentsClose CommentsPermalink
(iv) progress made in implementing recommendations from the Inspector General, the Government Accountability Office, the Occupational Safety and Health Administration, or an agency report relating to a wildland firefighting fatality issued during the preceding 10 years; andCommentsClose CommentsPermalink
(v) a description of--CommentsClose CommentsPermalink
(I) the provisions relating to wildland firefighter safety practices in any Federal contract or other agreement governing the provision of wildland firefighters by a non-Federal entity;CommentsClose CommentsPermalink
(II) a summary of any actions taken by the Secretaries to ensure that the provisions relating to safety practices, including training, are complied with by the non-Federal entity; andCommentsClose CommentsPermalink
(III) the results of those actions.CommentsClose CommentsPermalink
Subtitle C--Wyoming RangeCommentsClose CommentsPermalink
SEC. 321. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(2) WYOMING RANGE WITHDRAWAL AREA- The term ‘Wyoming Range Withdrawal Area’ means all National Forest System land and federally owned minerals located within the boundaries of the Bridger-Teton National Forest identified on the map entitled ‘Wyoming Range Withdrawal Area’ and dated October 17, 2007, on file with the Office of the Chief of the Forest Service and the Office of the Supervisor of the Bridger-Teton National Forest.CommentsClose CommentsPermalink
SEC. 322. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.
(a) Withdrawal- Except as provided in subsection (f), subject to valid existing rights as of the date of enactment of this Act and the provisions of this subtitle, land in the Wyoming Range Withdrawal Area is withdrawn from--CommentsClose CommentsPermalink
(1) all forms of appropriation or disposal under the public land laws;CommentsClose CommentsPermalink
(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(3) disposition under laws relating to mineral and geothermal leasing.CommentsClose CommentsPermalink
(b) Existing Rights- If any right referred to in subsection (a) is relinquished or otherwise acquired by the United States (including through donation under section 323) after the date of enactment of this Act, the land subject to that right shall be withdrawn in accordance with this section.CommentsClose CommentsPermalink
(c) Buffers- Nothing in this section requires--CommentsClose CommentsPermalink
(1) the creation of a protective perimeter or buffer area outside the boundaries of the Wyoming Range Withdrawal Area; orCommentsClose CommentsPermalink
(2) any prohibition on activities outside of the boundaries of the Wyoming Range Withdrawal Area that can be seen or heard from within the boundaries of the Wyoming Range Withdrawal Area.CommentsClose CommentsPermalink
(d) Land and Resource Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), the Bridger-Teton National Land and Resource Management Plan (including any revisions to the Plan) shall apply to any land within the Wyoming Range Withdrawal Area.CommentsClose CommentsPermalink
(2) CONFLICTS- If there is a conflict between this subtitle and the Bridger-Teton National Land and Resource Management Plan, this subtitle shall apply.CommentsClose CommentsPermalink
(e) Prior Lease Sales- Nothing in this section prohibits the Secretary from taking any action necessary to issue, deny, remove the suspension of, or cancel a lease, or any sold lease parcel that has not been issued, pursuant to any lease sale conducted prior to the date of enactment of this Act, including the completion of any requirements under the National Environmental Policy Act of 1969 (
(f) Exception- Notwithstanding the withdrawal in subsection (a), the Secretary may lease oil and gas resources in the Wyoming Range Withdrawal Area that are within 1 mile of the boundary of the Wyoming Range Withdrawal Area in accordance with the Mineral Leasing Act (
(1) The lease may only be accessed by directional drilling from a lease held by production on the date of enactment of this Act on National Forest System land that is adjacent to, and outside of, the Wyoming Range Withdrawal Area.CommentsClose CommentsPermalink
(2) The lease shall prohibit, without exception or waiver, surface occupancy and surface disturbance for any activities, including activities related to exploration, development, or production.CommentsClose CommentsPermalink
(3) The directional drilling may extend no further than 1 mile inside the boundary of the Wyoming Range Withdrawal Area.CommentsClose CommentsPermalink
SEC. 323. ACCEPTANCE OF THE DONATION OF VALID EXISTING MINING OR LEASING RIGHTS IN THE WYOMING RANGE.
(a) Notification of Leaseholders- Not later than 120 days after the date of enactment of this Act, the Secretary shall provide notice to holders of valid existing mining or leasing rights within the Wyoming Range Withdrawal Area of the potential opportunity for repurchase of those rights and retirement under this section.CommentsClose CommentsPermalink
(b) Request for Lease Retirement-CommentsClose CommentsPermalink
(1) IN GENERAL- A holder of a valid existing mining or leasing right within the Wyoming Range Withdrawal Area may submit a written notice to the Secretary of the interest of the holder in the retirement and repurchase of that right.CommentsClose CommentsPermalink
(2) LIST OF INTERESTED HOLDERS- The Secretary shall prepare a list of interested holders and make the list available to any non-Federal entity or person interested in acquiring that right for retirement by the Secretary.CommentsClose CommentsPermalink
(c) Prohibition- The Secretary may not use any Federal funds to purchase any right referred to in subsection (a).CommentsClose CommentsPermalink
(d) Donation Authority- The Secretary shall--CommentsClose CommentsPermalink
(1) accept the donation of any valid existing mining or leasing right in the Wyoming Range Withdrawal Area from the holder of that right or from any non-Federal entity or person that acquires that right; andCommentsClose CommentsPermalink
(2) on acceptance, cancel that right.CommentsClose CommentsPermalink
(e) Relationship to Other Authority- Nothing in this subtitle affects any authority the Secretary may otherwise have to modify, suspend, or terminate a lease without compensation, or to recognize the transfer of a valid existing mining or leasing right, if otherwise authorized by law.CommentsClose CommentsPermalink
Subtitle D--Land Conveyances and ExchangesCommentsClose CommentsPermalink
SEC. 331. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CITY- The term ‘City’ means the city of Coffman Cove, Alaska.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
(b) Conveyance-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to valid existing rights, the Secretary shall convey to the City, without consideration and by quitclaim deed all right, title, and interest of the United States, except as provided in paragraphs (3) and (4), in and to the parcel of National Forest System land described in paragraph (2).CommentsClose CommentsPermalink
(2) DESCRIPTION OF LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- The parcel of National Forest System land referred to in paragraph (1) is the approximately 12 acres of land identified in U.S. Survey 10099, as depicted on the plat entitled ‘Subdivision of U.S. Survey No. 10099’ and recorded as Plat 2003-1 on January 21, 2003, Petersburg Recording District, Alaska.CommentsClose CommentsPermalink
(B) EXCLUDED LAND- The parcel of National Forest System land conveyed under paragraph (1) does not include the portion of U.S. Survey 10099 that is north of the right-of-way for Forest Development Road 3030-295 and southeast of Tract CC-8.CommentsClose CommentsPermalink
(3) RIGHT-OF-WAY- The United States may reserve a right-of-way to provide access to the National Forest System land excluded from the conveyance to the City under paragraph (2)(B).CommentsClose CommentsPermalink
(4) REVERSION- If any portion of the land conveyed under paragraph (1) (other than a portion of land sold under paragraph (5)) ceases to be used for public purposes, the land shall, at the option of the Secretary, revert to the United States.CommentsClose CommentsPermalink
(5) CONDITIONS ON SUBSEQUENT CONVEYANCES- If the City sells any portion of the land conveyed to the City under paragraph (1)--CommentsClose CommentsPermalink
(A) the amount of consideration for the sale shall reflect fair market value, as determined by an appraisal; andCommentsClose CommentsPermalink
(B) the City shall pay to the Secretary an amount equal to the gross proceeds of the sale, which shall be available, without further appropriation, for the Tongass National Forest.CommentsClose CommentsPermalink
SEC. 332. BEAVERHEAD-DEERLODGE NATIONAL FOREST LAND CONVEYANCE, MONTANA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) COUNTY- The term ‘County’ means Jefferson County, Montana.CommentsClose CommentsPermalink
(2) MAP- The term ‘map’ means the map that is--CommentsClose CommentsPermalink
(A) entitled ‘Elkhorn Cemetery’;CommentsClose CommentsPermalink
(B) dated May 9, 2005; andCommentsClose CommentsPermalink
(C) on file in the office of the Beaverhead-Deerlodge National Forest Supervisor.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
(b) Conveyance to Jefferson County, Montana-CommentsClose CommentsPermalink
(1) CONVEYANCE- Not later than 180 days after the date of enactment of this Act and subject to valid existing rights, the Secretary (acting through the Regional Forester, Northern Region, Missoula, Montana) shall convey by quitclaim deed to the County for no consideration, all right, title, and interest of the United States, except as provided in paragraph (5), in and to the parcel of land described in paragraph (2).CommentsClose CommentsPermalink
(2) DESCRIPTION OF LAND- The parcel of land referred to in paragraph (1) is the parcel of approximately 9.67 acres of National Forest System land (including any improvements to the land) in the County that is known as the ‘Elkhorn Cemetery’, as generally depicted on the map.CommentsClose CommentsPermalink
(3) USE OF LAND- As a condition of the conveyance under paragraph (1), the County shall--CommentsClose CommentsPermalink
(A) use the land described in paragraph (2) as a County cemetery; andCommentsClose CommentsPermalink
(B) agree to manage the cemetery with due consideration and protection for the historic and cultural values of the cemetery, under such terms and conditions as are agreed to by the Secretary and the County.CommentsClose CommentsPermalink
(4) EASEMENT- In conveying the land to the County under paragraph (1), the Secretary, in accordance with applicable law, shall grant to the County an easement across certain National Forest System land, as generally depicted on the map, to provide access to the land conveyed under that paragraph.CommentsClose CommentsPermalink
(5) REVERSION- In the quitclaim deed to the County, the Secretary shall provide that the land conveyed to the County under paragraph (1) shall revert to the Secretary, at the election of the Secretary, if the land is--CommentsClose CommentsPermalink
(A) used for a purpose other than the purposes described in paragraph (3)(A); orCommentsClose CommentsPermalink
(B) managed by the County in a manner that is inconsistent with paragraph (3)(B).CommentsClose CommentsPermalink
SEC. 333. SANTA FE NATIONAL FOREST; PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) FEDERAL LAND- The term ‘Federal land’ means the approximately 160 acres of Federal land within the Santa Fe National Forest in the State, as depicted on the map.CommentsClose CommentsPermalink
(2) LANDOWNER- The term ‘landowner’ means the 1 or more owners of the non-Federal land.CommentsClose CommentsPermalink
(3) MAP- The term ‘map’ means the map entitled ‘Proposed Land Exchange for Pecos National Historical Park’, numbered 430/80,054, dated November 19, 1999, and revised September 18, 2000.CommentsClose CommentsPermalink
(4) NON-FEDERAL LAND- The term ‘non-Federal land’ means the approximately 154 acres of non-Federal land in the Park, as depicted on the map.CommentsClose CommentsPermalink
(5) PARK- The term ‘Park’ means the Pecos National Historical Park in the State.CommentsClose CommentsPermalink
(6) SECRETARIES- The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.CommentsClose CommentsPermalink
(7) STATE- The term ‘State’ means the State of New Mexico.CommentsClose CommentsPermalink
(b) Land Exchange-CommentsClose CommentsPermalink
(1) IN GENERAL- On conveyance by the landowner to the Secretary of the Interior of the non-Federal land, title to which is acceptable to the Secretary of the Interior--CommentsClose CommentsPermalink
(A) the Secretary of Agriculture shall, subject to the conditions of this section, convey to the landowner the Federal land; andCommentsClose CommentsPermalink
(B) the Secretary of the Interior shall, subject to the conditions of this section, grant to the landowner the easement described in paragraph (2).CommentsClose CommentsPermalink
(2) EASEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The easement referred to in paragraph (1)(B) is an easement (including an easement for service access) for water pipelines to 2 well sites located in the Park, as generally depicted on the map.CommentsClose CommentsPermalink
(B) ROUTE- The Secretary of the Interior, in consultation with the landowner, shall determine the appropriate route of the easement through the Park.CommentsClose CommentsPermalink
(C) TERMS AND CONDITIONS- The easement shall include such terms and conditions relating to the use of, and access to, the well sites and pipeline, as the Secretary of the Interior, in consultation with the landowner, determines to be appropriate.CommentsClose CommentsPermalink
(D) APPLICABLE LAW- The easement shall be established, operated, and maintained in compliance with applicable Federal law.CommentsClose CommentsPermalink
(3) VALUATION, APPRAISALS, AND EQUALIZATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The value of the Federal land and non-Federal land--CommentsClose CommentsPermalink
(i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); orCommentsClose CommentsPermalink
(ii) if the value is not equal, shall be equalized in accordance with subparagraph (C).CommentsClose CommentsPermalink
(B) APPRAISALS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Federal land and non-Federal land shall be appraised by an independent appraiser selected by the Secretaries.CommentsClose CommentsPermalink
(ii) REQUIREMENTS- An appraisal conducted under clause (i) shall be conducted in accordance with--CommentsClose CommentsPermalink
(I) the Uniform Appraisal Standards for Federal Land Acquisition; andCommentsClose CommentsPermalink
(II) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(iii) APPROVAL- The appraisals conducted under this subparagraph shall be submitted to the Secretaries for approval.CommentsClose CommentsPermalink
(C) EQUALIZATION OF VALUES-CommentsClose CommentsPermalink
(i) IN GENERAL- If the values of the non-Federal land and the Federal land are not equal, the values may be equalized by--CommentsClose CommentsPermalink
(I) the Secretary of the Interior making a cash equalization payment to the landowner;CommentsClose CommentsPermalink
(II) the landowner making a cash equalization payment to the Secretary of Agriculture; orCommentsClose CommentsPermalink
(III) reducing the acreage of the non-Federal land or the Federal land, as appropriate.CommentsClose CommentsPermalink
(ii) CASH EQUALIZATION PAYMENTS- Any amounts received by the Secretary of Agriculture as a cash equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (
(I) be deposited in the fund established by
(II) be available for expenditure, without further appropriation, for the acquisition of land and interests in land in the State.CommentsClose CommentsPermalink
(4) COSTS- Before the completion of the exchange under this subsection, the Secretaries and the landowner shall enter into an agreement that allocates the costs of the exchange among the Secretaries and the landowner.CommentsClose CommentsPermalink
(5) APPLICABLE LAW- Except as otherwise provided in this section, the exchange of land and interests in land under this section shall be in accordance with--CommentsClose CommentsPermalink
(A) section 206 of the Federal Land Policy and Management Act of 1976 (
(B) other applicable laws, including the National Environmental Policy Act of 1969 (
(6) ADDITIONAL TERMS AND CONDITIONS- The Secretaries may require, in addition to any requirements under this section, such terms and conditions relating to the exchange of Federal land and non-Federal land and the granting of easements under this section as the Secretaries determine to be appropriate to protect the interests of the United States.CommentsClose CommentsPermalink
(7) COMPLETION OF THE EXCHANGE-CommentsClose CommentsPermalink
(A) IN GENERAL- The exchange of Federal land and non-Federal land shall be completed not later than 180 days after the later of--CommentsClose CommentsPermalink
(i) the date on which the requirements of the National Environmental Policy Act of 1969 (
(ii) the date on which the Secretary of the Interior approves the appraisals under paragraph (3)(B)(iii); orCommentsClose CommentsPermalink
(iii) the date on which the Secretaries and the landowner agree on the costs of the exchange and any other terms and conditions of the exchange under this subsection.CommentsClose CommentsPermalink
(B) NOTICE- The Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives notice of the completion of the exchange of Federal land and non-Federal land under this subsection.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Interior shall administer the non-Federal land acquired under this section in accordance with the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the ‘National Park Service Organic Act’) (
(2) MAPS-CommentsClose CommentsPermalink
(A) IN GENERAL- The map shall be on file and available for public inspection in the appropriate offices of the Secretaries.CommentsClose CommentsPermalink
(B) TRANSMITTAL OF REVISED MAP TO CONGRESS- Not later than 180 days after completion of the exchange, the Secretaries shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a revised map that depicts--CommentsClose CommentsPermalink
(i) the Federal land and non-Federal land exchanged under this section; andCommentsClose CommentsPermalink
(ii) the easement described in subsection (b)(2).CommentsClose CommentsPermalink
SEC. 334. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW MEXICO.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CLAIM- The term ‘Claim’ means a claim of the Claimants to any right, title, or interest in any land located in lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico Principal Meridian, San Miguel County, New Mexico, except as provided in subsection (b)(1).CommentsClose CommentsPermalink
(2) CLAIMANTS- The term ‘Claimants’ means Ramona Lawson and Boyd Lawson.CommentsClose CommentsPermalink
(3) FEDERAL LAND- The term ‘Federal land’ means a parcel of National Forest System land in the Santa Fe National Forest, New Mexico, that is--CommentsClose CommentsPermalink
(A) comprised of approximately 6.20 acres of land; andCommentsClose CommentsPermalink
(B) described and delineated in the survey.CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture, acting through the Forest Service Regional Forester, Southwestern Region.CommentsClose CommentsPermalink
(5) SURVEY- The term ‘survey’ means the survey plat entitled ‘Boundary Survey and Conservation Easement Plat’, prepared by Chris A. Chavez, Land Surveyor, Forest Service, NMPLS#12793, and recorded on February 27, 2007, at book 55, page 93, of the land records of San Miguel County, New Mexico.CommentsClose CommentsPermalink
(b) Santa Fe National Forest Land Conveyance-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall, except as provided in subparagraph (A) and subject to valid existing rights, convey and quitclaim to the Claimants all right, title, and interest of the United States in and to the Federal land in exchange for--CommentsClose CommentsPermalink
(A) the grant by the Claimants to the United States of a scenic easement to the Federal land that--CommentsClose CommentsPermalink
(i) protects the purposes for which the Federal land was designated under the Wild and Scenic Rivers Act (
(ii) is determined to be acceptable by the Secretary; andCommentsClose CommentsPermalink
(B) a release of the United States by the Claimants of--CommentsClose CommentsPermalink
(i) the Claim; andCommentsClose CommentsPermalink
(ii) any additional related claims of the Claimants against the United States.CommentsClose CommentsPermalink
(2) SURVEY- The Secretary, with the approval of the Claimants, may make minor corrections to the survey and legal description of the Federal land to correct clerical, typographical, and surveying errors.CommentsClose CommentsPermalink
(3) SATISFACTION OF CLAIM- The conveyance of Federal land under paragraph (1) shall constitute a full satisfaction of the Claim.CommentsClose CommentsPermalink
SEC. 335. KITTITAS COUNTY, WASHINGTON LAND CONVEYANCE.
(a) Conveyance Required- The Secretary of Agriculture shall convey, without consideration, to the King and Kittitas Counties Fire District #51 of King and Kittitas Counties, Washington (in this section referred to as the ‘District’), all right, title, and interest of the United States in and to a parcel of National Forest System land in Kittitas County, Washington, consisting of approximately 1.5 acres within the SW 1/4 of the SE 1/4 of section 4, township 22 north, range 11 east, Willamette meridian, for the purpose of permitting the District to use the parcel as a site for a new Snoqualmie Pass fire and rescue station.CommentsClose CommentsPermalink
(b) Reversionary Interest- If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.CommentsClose CommentsPermalink
(c) Survey- If necessary, the exact acreage and legal description of the lands to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of a survey shall be borne by the District.CommentsClose CommentsPermalink
(d) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.CommentsClose CommentsPermalink
SEC. 336. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.
Notwithstanding
TITLE IV--FOREST LANDSCAPE RESTORATIONCommentsClose CommentsPermalink
SEC. 401. PURPOSE.
The purpose of this title is to encourage the collaborative, science-based ecosystem restoration of priority forest landscapes through a process that--CommentsClose CommentsPermalink
(1) encourages ecological, economic, and social sustainability;CommentsClose CommentsPermalink
(2) leverages local resources with national and private resources;CommentsClose CommentsPermalink
(3) facilitates the reduction of wildfire management costs, including through reestablishing natural fire regimes and reducing the risk of uncharacteristic wildfire; andCommentsClose CommentsPermalink
(4) demonstrates the degree to which--CommentsClose CommentsPermalink
(A) various ecological restoration techniques--CommentsClose CommentsPermalink
(i) achieve ecological and watershed health objectives; andCommentsClose CommentsPermalink
(ii) affect wildfire activity and management costs; andCommentsClose CommentsPermalink
(B) the use of forest restoration byproducts can offset treatment costs while benefitting local rural economies and improving forest health.CommentsClose CommentsPermalink
SEC. 402. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) FUND- The term ‘Fund’ means the Collaborative Forest Landscape Restoration Fund established by section 403(f).CommentsClose CommentsPermalink
(2) PROGRAM- The term ‘program’ means the Collaborative Forest Landscape Restoration Program established under section 403(a).CommentsClose CommentsPermalink
(3) PROPOSAL- The term ‘proposal’ means a collaborative forest landscape restoration proposal described in section 403(b).CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.CommentsClose CommentsPermalink
(5) STRATEGY- The term ‘strategy’ means a landscape restoration strategy described in section 403(b)(1).CommentsClose CommentsPermalink
SEC. 403. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) In General- The Secretary, in consultation with the Secretary of the Interior, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes in accordance with--CommentsClose CommentsPermalink
(1) the Endangered Species Act of 1973 (
(2) the National Environmental Policy Act of 1969 (
(3) any other applicable law.CommentsClose CommentsPermalink
(b) Eligibility Criteria- To be eligible for nomination under subsection (c), a collaborative forest landscape restoration proposal shall--CommentsClose CommentsPermalink
(1) be based on a landscape restoration strategy that--CommentsClose CommentsPermalink
(A) is complete or substantially complete;CommentsClose CommentsPermalink
(B) identifies and prioritizes ecological restoration treatments for a 10-year period within a landscape that is--CommentsClose CommentsPermalink
(i) at least 50,000 acres;CommentsClose CommentsPermalink
(ii) comprised primarily of forested National Forest System land, but may also include land under the jurisdiction of the Bureau of Land Management, land under the jurisdiction of the Bureau of Indian Affairs, or other Federal, State, tribal, or private land;CommentsClose CommentsPermalink
(iii) in need of active ecosystem restoration; andCommentsClose CommentsPermalink
(iv) accessible by existing or proposed wood-processing infrastructure at an appropriate scale to use woody biomass and small-diameter wood removed in ecological restoration treatments;CommentsClose CommentsPermalink
(C) incorporates the best available science and scientific application tools in ecological restoration strategies;CommentsClose CommentsPermalink
(D) fully maintains, or contributes toward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the stand to landscape fire adaptation and watershed health and retaining the large trees contributing to old growth structure;CommentsClose CommentsPermalink
(E) would carry out any forest restoration treatments that reduce hazardous fuels by--CommentsClose CommentsPermalink
(i) focusing on small diameter trees, thinning, strategic fuel breaks, and fire use to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil impacts, tree mortality or other impacts); andCommentsClose CommentsPermalink
(ii) maximizing the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; andCommentsClose CommentsPermalink
(F)(i) does not include the establishment of permanent roads; andCommentsClose CommentsPermalink
(ii) would commit funding to decommission all temporary roads constructed to carry out the strategy;CommentsClose CommentsPermalink
(2) be developed and implemented through a collaborative process that--CommentsClose CommentsPermalink
(A) includes multiple interested persons representing diverse interests; andCommentsClose CommentsPermalink
(B)(i) is transparent and nonexclusive; orCommentsClose CommentsPermalink
(ii) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of
(3) describe plans to--CommentsClose CommentsPermalink
(A) reduce the risk of uncharacteristic wildfire, including through the use of fire for ecological restoration and maintenance and reestablishing natural fire regimes, where appropriate;CommentsClose CommentsPermalink
(B) improve fish and wildlife habitat, including for endangered, threatened, and sensitive species;CommentsClose CommentsPermalink
(C) maintain or improve water quality and watershed function;CommentsClose CommentsPermalink
(D) prevent, remediate, or control invasions of exotic species;CommentsClose CommentsPermalink
(E) maintain, decommission, and rehabilitate roads and trails;CommentsClose CommentsPermalink
(F) use woody biomass and small-diameter trees produced from projects implementing the strategy;CommentsClose CommentsPermalink
(G) report annually on performance, including through performance measures from the plan entitled the ‘10 Year Comprehensive Strategy Implementation Plan’ and dated December 2006; andCommentsClose CommentsPermalink
(H) take into account any applicable community wildfire protection plan;CommentsClose CommentsPermalink
(4) analyze any anticipated cost savings, including those resulting from--CommentsClose CommentsPermalink
(A) reduced wildfire management costs; andCommentsClose CommentsPermalink
(B) a decrease in the unit costs of implementing ecological restoration treatments over time;CommentsClose CommentsPermalink
(5) estimate--CommentsClose CommentsPermalink
(A) the annual Federal funding necessary to implement the proposal; andCommentsClose CommentsPermalink
(B) the amount of new non-Federal investment for carrying out the proposal that would be leveraged;CommentsClose CommentsPermalink
(6) describe the collaborative process through which the proposal was developed, including a description of--CommentsClose CommentsPermalink
(A) participation by or consultation with State, local, and Tribal governments; andCommentsClose CommentsPermalink
(B) any established record of successful collaborative planning and implementation of ecological restoration projects on National Forest System land and other land included in the proposal by the collaborators; andCommentsClose CommentsPermalink
(7) benefit local economies by providing local employment or training opportunities through contracts, grants, or agreements for restoration planning, design, implementation, or monitoring with--CommentsClose CommentsPermalink
(A) local private, nonprofit, or cooperative entities;CommentsClose CommentsPermalink
(B) Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups;CommentsClose CommentsPermalink
(C) existing or proposed small or micro-businesses, clusters, or incubators; orCommentsClose CommentsPermalink
(D) other entities that will hire or train local people to complete such contracts, grants, or agreements; andCommentsClose CommentsPermalink
(8) be subject to any other requirements that the Secretary, in consultation with the Secretary of the Interior, determines to be necessary for the efficient and effective administration of the program.CommentsClose CommentsPermalink
(c) Nomination Process-CommentsClose CommentsPermalink
(1) SUBMISSION- A proposal shall be submitted to--CommentsClose CommentsPermalink
(A) the appropriate Regional Forester; andCommentsClose CommentsPermalink
(B) if actions under the jurisdiction of the Secretary of the Interior are proposed, the appropriate--CommentsClose CommentsPermalink
(i) State Director of the Bureau of Land Management;CommentsClose CommentsPermalink
(ii) Regional Director of the Bureau of Indian Affairs; orCommentsClose CommentsPermalink
(iii) other official of the Department of the Interior.CommentsClose CommentsPermalink
(2) NOMINATION-CommentsClose CommentsPermalink
(A) IN GENERAL- A Regional Forester may nominate for selection by the Secretary any proposals that meet the eligibility criteria established by subsection (b).CommentsClose CommentsPermalink
(B) CONCURRENCE- Any proposal nominated by the Regional Forester that proposes actions under the jurisdiction of the Secretary of the Interior shall include the concurrence of the appropriate--CommentsClose CommentsPermalink
(i) State Director of the Bureau of Land Management;CommentsClose CommentsPermalink
(ii) Regional Director of the Bureau of Indian Affairs; orCommentsClose CommentsPermalink
(iii) other official of the Department of the Interior.CommentsClose CommentsPermalink
(3) DOCUMENTATION- With respect to each proposal that is nominated under paragraph (2)--CommentsClose CommentsPermalink
(A) the appropriate Regional Forester shall--CommentsClose CommentsPermalink
(i) include a plan to use Federal funds allocated to the region to fund those costs of planning and carrying out ecological restoration treatments on National Forest System land, consistent with the strategy, that would not be covered by amounts transferred to the Secretary from the Fund; andCommentsClose CommentsPermalink
(ii) provide evidence that amounts proposed to be transferred to the Secretary from the Fund during the first 2 fiscal years following selection would be used to carry out ecological restoration treatments consistent with the strategy during the same fiscal year in which the funds are transferred to the Secretary;CommentsClose CommentsPermalink
(B) if actions under the jurisdiction of the Secretary of the Interior are proposed, the nomination shall include a plan to fund such actions, consistent with the strategy, by the appropriate--CommentsClose CommentsPermalink
(i) State Director of the Bureau of Land Management;CommentsClose CommentsPermalink
(ii) Regional Director of the Bureau of Indian Affairs; orCommentsClose CommentsPermalink
(iii) other official of the Department of the Interior; andCommentsClose CommentsPermalink
(C) if actions on land not under the jurisdiction of the Secretary or the Secretary of the Interior are proposed, the appropriate Regional Forester shall provide evidence that the landowner intends to participate in, and provide appropriate funding to carry out, the actions.CommentsClose CommentsPermalink
(d) Selection Process-CommentsClose CommentsPermalink
(1) IN GENERAL- After consulting with the advisory panel established under subsection (e), the Secretary, in consultation with the Secretary of the Interior, shall, subject to paragraph (2), select the best proposals that--CommentsClose CommentsPermalink
(A) have been nominated under subsection (c)(2); andCommentsClose CommentsPermalink
(B) meet the eligibility criteria established by subsection (b).CommentsClose CommentsPermalink
(2) CRITERIA- In selecting proposals under paragraph (1), the Secretary shall give special consideration to--CommentsClose CommentsPermalink
(A) the strength of the proposal and strategy;CommentsClose CommentsPermalink
(B) the strength of the ecological case of the proposal and the proposed ecological restoration strategies;CommentsClose CommentsPermalink
(C) the strength of the collaborative process and the likelihood of successful collaboration throughout implementation;CommentsClose CommentsPermalink
(D) whether the proposal is likely to achieve reductions in long-term wildfire management costs;CommentsClose CommentsPermalink
(E) whether the proposal would reduce the relative costs of carrying out ecological restoration treatments as a result of the use of woody biomass and small-diameter trees; andCommentsClose CommentsPermalink
(F) whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposal.CommentsClose CommentsPermalink
(3) LIMITATION- The Secretary may select not more than--CommentsClose CommentsPermalink
(A) 10 proposals to be funded during any fiscal year;CommentsClose CommentsPermalink
(B) 2 proposals in any 1 region of the National Forest System to be funded during any fiscal year; andCommentsClose CommentsPermalink
(C) the number of proposals that the Secretary determines are likely to receive adequate funding.CommentsClose CommentsPermalink
(e) Advisory Panel-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall establish and maintain an advisory panel comprised of not more than 15 members to evaluate, and provide recommendations on, each proposal that has been nominated under subsection (c)(2).CommentsClose CommentsPermalink
(2) REPRESENTATION- The Secretary shall ensure that the membership of the advisory panel is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel.CommentsClose CommentsPermalink
(3) INCLUSION- The advisory panel shall include experts in ecological restoration, fire ecology, fire management, rural economic development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization.CommentsClose CommentsPermalink
(f) Collaborative Forest Landscape Restoration Fund-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established in the Treasury of the United States a fund, to be known as the ‘Collaborative Forest Landscape Restoration Fund’, to be used to pay up to 50 percent of the cost of carrying out and monitoring ecological restoration treatments on National Forest System land for each proposal selected to be carried out under subsection (d).CommentsClose CommentsPermalink
(2) INCLUSION- The cost of carrying out ecological restoration treatments as provided in paragraph (1) may, as the Secretary determines to be appropriate, include cancellation and termination costs required to be obligated for contracts to carry out ecological restoration treatments on National Forest System land for each proposal selected to be carried out under subsection (d).CommentsClose CommentsPermalink
(3) CONTENTS- The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (6).CommentsClose CommentsPermalink
(4) EXPENDITURES FROM FUND-CommentsClose CommentsPermalink
(A) IN GENERAL- On request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are appropriate, in accordance with paragraph (1).CommentsClose CommentsPermalink
(B) LIMITATION- The Secretary shall not expend money from the Fund on any 1 proposal--CommentsClose CommentsPermalink
(i) during a period of more than 10 fiscal years; orCommentsClose CommentsPermalink
(ii) in excess of $4,000,000 in any 1 fiscal year.CommentsClose CommentsPermalink
(5) ACCOUNTING AND REPORTING SYSTEM- The Secretary shall establish an accounting and reporting system for the Fund.CommentsClose CommentsPermalink
(6) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Fund $40,000,000 for each of fiscal years 2009 through 2019, to remain available until expended.CommentsClose CommentsPermalink
(g) Program Implementation and Monitoring-CommentsClose CommentsPermalink
(1) WORK PLAN- Not later than 180 days after the date on which a proposal is selected to be carried out, the Secretary shall create, in collaboration with the interested persons, an implementation work plan and budget to implement the proposal that includes--CommentsClose CommentsPermalink
(A) a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit, including capacity building to accomplish restoration;CommentsClose CommentsPermalink
(B) a business plan that addresses--CommentsClose CommentsPermalink
(i) the anticipated unit treatment cost reductions over 10 years;CommentsClose CommentsPermalink
(ii) the anticipated costs for infrastructure needed for the proposal;CommentsClose CommentsPermalink
(iii) the projected sustainability of the supply of woody biomass and small-diameter trees removed in ecological restoration treatments; andCommentsClose CommentsPermalink
(iv) the projected local economic benefits of the proposal;CommentsClose CommentsPermalink
(C) documentation of the non-Federal investment in the priority landscape, including the sources and uses of the investments; andCommentsClose CommentsPermalink
(D) a plan to decommission any temporary roads established to carry out the proposal.CommentsClose CommentsPermalink
(2) PROJECT IMPLEMENTATION- Amounts transferred to the Secretary from the Fund shall be used to carry out ecological restoration treatments that are--CommentsClose CommentsPermalink
(A) consistent with the proposal and strategy; andCommentsClose CommentsPermalink
(B) identified through the collaborative process described in subsection (b)(2).CommentsClose CommentsPermalink
(3) ANNUAL REPORT- The Secretary, in collaboration with the Secretary of the Interior and interested persons, shall prepare an annual report on the accomplishments of each selected proposal that includes--CommentsClose CommentsPermalink
(A) a description of all acres (or other appropriate unit) treated and restored through projects implementing the strategy;CommentsClose CommentsPermalink
(B) an evaluation of progress, including performance measures and how prior year evaluations have contributed to improved project performance;CommentsClose CommentsPermalink
(C) a description of community benefits achieved, including any local economic benefits;CommentsClose CommentsPermalink
(D) the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); andCommentsClose CommentsPermalink
(E) a summary of the costs of--CommentsClose CommentsPermalink
(i) treatments; andCommentsClose CommentsPermalink
(ii) relevant fire management activities.CommentsClose CommentsPermalink
(4) MULTIPARTY MONITORING- The Secretary shall, in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of projects implementing a selected proposal for not less than 15 years after project implementation commences.CommentsClose CommentsPermalink
(h) Report- Not later than 5 years after the first fiscal year in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall submit a report on the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this title, to--CommentsClose CommentsPermalink
(1) the Committee on Energy and Natural Resources of the Senate;CommentsClose CommentsPermalink
(2) the Committee on Appropriations of the Senate;CommentsClose CommentsPermalink
(3) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink
(4) the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary and the Secretary of the Interior such sums as are necessary to carry out this title.CommentsClose CommentsPermalink
TITLE V--RIVERS AND TRAILSCommentsClose CommentsPermalink
Subtitle A--Additions to the National Wild and Scenic Rivers SystemCommentsClose CommentsPermalink
SEC. 501. FOSSIL CREEK, ARIZONA.
Section 3(a) of the Wild and Scenic Rivers Act (
‘(196) FOSSIL CREEK, ARIZONA- Approximately 16.8 miles of Fossil Creek from the confluence of Sand Rock and Calf Pen Canyons to the confluence with the Verde River, to be administered by the Secretary of Agriculture in the following classes:CommentsClose CommentsPermalink
‘(A) The approximately 2.7-mile segment from the confluence of Sand Rock and Calf Pen Canyons to the point where the segment exits the Fossil Spring Wilderness, as a wild river.CommentsClose CommentsPermalink
‘(B) The approximately 7.5-mile segment from where the segment exits the Fossil Creek Wilderness to the boundary of the Mazatzal Wilderness, as a recreational river.CommentsClose CommentsPermalink
‘(C) The 6.6-mile segment from the boundary of the Mazatzal Wilderness downstream to the confluence with the Verde River, as a wild river.’.CommentsClose CommentsPermalink
SEC. 502. SNAKE RIVER HEADWATERS, WYOMING.
(a) Findings; Purposes-CommentsClose CommentsPermalink
(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink
(A) the headwaters of the Snake River System in northwest Wyoming feature some of the cleanest sources of freshwater, healthiest native trout fisheries, and most intact rivers and streams in the lower 48 States;CommentsClose CommentsPermalink
(B) the rivers and streams of the headwaters of the Snake River System--CommentsClose CommentsPermalink
(i) provide unparalleled fishing, hunting, boating, and other recreational activities for--CommentsClose CommentsPermalink
(I) local residents; andCommentsClose CommentsPermalink
(II) millions of visitors from around the world; andCommentsClose CommentsPermalink
(ii) are national treasures;CommentsClose CommentsPermalink
(C) each year, recreational activities on the rivers and streams of the headwaters of the Snake River System generate millions of dollars for the economies of--CommentsClose CommentsPermalink
(i) Teton County, Wyoming; andCommentsClose CommentsPermalink
(ii) Lincoln County, Wyoming;CommentsClose CommentsPermalink
(D) to ensure that future generations of citizens of the United States enjoy the benefits of the rivers and streams of the headwaters of the Snake River System, Congress should apply the protections provided by the Wild and Scenic Rivers Act (
(E) the designation of the rivers and streams of the headwaters of the Snake River System under the Wild and Scenic Rivers Act (
(i) preserving public access to those rivers and streams;CommentsClose CommentsPermalink
(ii) respecting private property rights (including existing water rights); andCommentsClose CommentsPermalink
(iii) continuing to allow historic uses of the rivers and streams.CommentsClose CommentsPermalink
(2) PURPOSES- The purposes of this section are--CommentsClose CommentsPermalink
(A) to protect for current and future generations of citizens of the United States the outstandingly remarkable scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and streams of the headwaters of the Snake River System, while continuing to deliver water and operate and maintain valuable irrigation water infrastructure; andCommentsClose CommentsPermalink
(B) to designate approximately 387.7 miles of the rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink
(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to each river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (
(i) Grand Teton National Park;CommentsClose CommentsPermalink
(ii) Yellowstone National Park;CommentsClose CommentsPermalink
(iii) the John D. Rockefeller, Jr. Memorial Parkway; orCommentsClose CommentsPermalink
(iv) the National Elk Refuge; andCommentsClose CommentsPermalink
(B) the Secretary of the Interior, with respect to each river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (
(i) Grand Teton National Park;CommentsClose CommentsPermalink
(ii) Yellowstone National Park;CommentsClose CommentsPermalink
(iii) the John D. Rockefeller, Jr. Memorial Parkway; orCommentsClose CommentsPermalink
(iv) the National Elk Refuge.CommentsClose CommentsPermalink
(2) STATE- The term ‘State’ means the State of Wyoming.CommentsClose CommentsPermalink
(c) Wild and Scenic River Designations, Snake River System- Section 3(a) of the Wild and Scenic Rivers Act (
‘(197) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER SYSTEM- The following segments of the Snake River System, in the State of Wyoming:CommentsClose CommentsPermalink
‘(A) BAILEY CREEK- The 7-mile segment of Bailey Creek, from the divide with the Little Greys River north to its confluence with the Snake River, as a wild river.CommentsClose CommentsPermalink
‘(B) BLACKROCK CREEK- The 22-mile segment from its source to the Bridger-Teton National Forest boundary, as a scenic river.CommentsClose CommentsPermalink
‘(C) BUFFALO FORK OF THE SNAKE RIVER- The portions of the Buffalo Fork of the Snake River, consisting of--CommentsClose CommentsPermalink
‘(i) the 55-mile segment consisting of the North Fork, the Soda Fork, and the South Fork, upstream from Turpin Meadows, as a wild river;CommentsClose CommentsPermalink
‘(ii) the 14-mile segment from Turpin Meadows to the upstream boundary of Grand Teton National Park, as a scenic river; andCommentsClose CommentsPermalink
‘(iii) the 7.7-mile segment from the upstream boundary of Grand Teton National Park to its confluence with the Snake River, as a scenic river.CommentsClose CommentsPermalink
‘(D) CRYSTAL CREEK- The portions of Crystal Creek, consisting of--CommentsClose CommentsPermalink
‘(i) the 14-mile segment from its source to the Gros Ventre Wilderness boundary, as a wild river; andCommentsClose CommentsPermalink
‘(ii) the 5-mile segment from the Gros Ventre Wilderness boundary to its confluence with the Gros Ventre River, as a scenic river.CommentsClose CommentsPermalink
‘(E) GRANITE CREEK- The portions of Granite Creek, consisting of--CommentsClose CommentsPermalink
‘(i) the 12-mile segment from its source to the end of Granite Creek Road, as a wild river; andCommentsClose CommentsPermalink
‘(ii) the 9.5-mile segment from Granite Hot Springs to the point 1 mile upstream from its confluence with the Hoback River, as a scenic river.CommentsClose CommentsPermalink
‘(F) GROS VENTRE RIVER- The portions of the Gros Ventre River, consisting of--CommentsClose CommentsPermalink
‘(i) the 16.5-mile segment from its source to Darwin Ranch, as a wild river;CommentsClose CommentsPermalink
‘(ii) the 39-mile segment from Darwin Ranch to the upstream boundary of Grand Teton National Park, excluding the section along Lower Slide Lake, as a scenic river; andCommentsClose CommentsPermalink
‘(iii) the 3.3-mile segment flowing across the southern boundary of Grand Teton National Park to the Highlands Drive Loop Bridge, as a scenic river.CommentsClose CommentsPermalink
‘(G) HOBACK RIVER- The 10-mile segment from the point 10 miles upstream from its confluence with the Snake River to its confluence with the Snake River, as a recreational river.CommentsClose CommentsPermalink
‘(H) LEWIS RIVER- The portions of the Lewis River, consisting of--CommentsClose CommentsPermalink
‘(i) the 5-mile segment from Shoshone Lake to Lewis Lake, as a wild river; andCommentsClose CommentsPermalink
‘(ii) the 12-mile segment from the outlet of Lewis Lake to its confluence with the Snake River, as a scenic river.CommentsClose CommentsPermalink
‘(I) PACIFIC CREEK- The portions of Pacific Creek, consisting of--CommentsClose CommentsPermalink
‘(i) the 22.5-mile segment from its source to the Teton Wilderness boundary, as a wild river; andCommentsClose CommentsPermalink
‘(ii) the 11-mile segment from the Wilderness boundary to its confluence with the Snake River, as a scenic river.CommentsClose CommentsPermalink
‘(J) SHOAL CREEK- The 8-mile segment from its source to the point 8 miles downstream from its source, as a wild river.CommentsClose CommentsPermalink
‘(K) SNAKE RIVER- The portions of the Snake River, consisting of--CommentsClose CommentsPermalink
‘(i) the 47-mile segment from its source to Jackson Lake, as a wild river;CommentsClose CommentsPermalink
‘(ii) the 24.8-mile segment from 1 mile downstream of Jackson Lake Dam to 1 mile downstream of the Teton Park Road bridge at Moose, Wyoming, as a scenic river; andCommentsClose CommentsPermalink
‘(iii) the 19-mile segment from the mouth of the Hoback River to the point 1 mile upstream from the Highway 89 bridge at Alpine Junction, as a recreational river, the boundary of the western edge of the corridor for the portion of the segment extending from the point 3.3 miles downstream of the mouth of the Hoback River to the point 4 miles downstream of the mouth of the Hoback River being the ordinary high water mark.CommentsClose CommentsPermalink
‘(L) WILLOW CREEK- The 16.2-mile segment from the point 16.2 miles upstream from its confluence with the Hoback River to its confluence with the Hoback River, as a wild river.CommentsClose CommentsPermalink
‘(M) WOLF CREEK- The 7-mile segment from its source to its confluence with the Snake River, as a wild river.’.CommentsClose CommentsPermalink
(d) Management-CommentsClose CommentsPermalink
(1) IN GENERAL- Each river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (
(2) MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- In accordance with subparagraph (A), not later than 3 years after the date of enactment of this Act, the Secretary concerned shall develop a management plan for each river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (
(B) REQUIRED COMPONENT- Each management plan developed by the Secretary concerned under subparagraph (A) shall contain, with respect to the river segment that is the subject of the plan, a section that contains an analysis and description of the availability and compatibility of future development with the wild and scenic character of the river segment (with particular emphasis on each river segment that contains 1 or more parcels of private land).CommentsClose CommentsPermalink
(3) QUANTIFICATION OF WATER RIGHTS RESERVED BY RIVER SEGMENTS-CommentsClose CommentsPermalink
(A) The Secretary concerned shall apply for the quantification of the water rights reserved by each river segment designated by this section in accordance with the procedural requirements of the laws of the State of Wyoming.CommentsClose CommentsPermalink
(B) For the purpose of the quantification of water rights under this subsection, with respect to each Wild and Scenic River segment designated by this section--CommentsClose CommentsPermalink
(i) the purposes for which the segments are designated, as set forth in this section, are declared to be beneficial uses; andCommentsClose CommentsPermalink
(ii) the priority date of such right shall be the date of enactment of this Act.CommentsClose CommentsPermalink
(4) STREAM GAUGES- Consistent with the Wild and Scenic Rivers Act (
(5) CONSENT OF PROPERTY OWNER- No property or interest in property located within the boundaries of any river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (
(6) EFFECT OF DESIGNATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- Nothing in this section affects valid existing rights, including--CommentsClose CommentsPermalink
(i) all interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts);CommentsClose CommentsPermalink
(ii) water rights in the States of Idaho and Wyoming; andCommentsClose CommentsPermalink
(iii) water rights held by the United States.CommentsClose CommentsPermalink
(B) JACKSON LAKE; JACKSON LAKE DAM- Nothing in this section shall affect the management and operation of Jackson Lake or Jackson Lake Dam.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 503. TAUNTON RIVER, MASSACHUSETTS.
(a) Designation- Section 3(a) of the Wild and Scenic Rivers Act (
‘(198) TAUNTON RIVER, MASSACHUSETTS- The main stem of the Taunton River from its headwaters at the confluence of the Town and Matfield Rivers in the Town of Bridgewater downstream 40 miles to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, to be administered by the Secretary of the Interior in cooperation with the Taunton River Stewardship Council as follows:CommentsClose CommentsPermalink
‘(A) The 18-mile segment from the confluence of the Town and Matfield Rivers to Route 24 in the Town of Raynham, as a scenic river.CommentsClose CommentsPermalink
‘(B) The 5-mile segment from Route 24 to 0.5 miles below Weir Bridge in the City of Taunton, as a recreational river.CommentsClose CommentsPermalink
‘(C) The 8-mile segment from 0.5 miles below Weir Bridge to Muddy Cove in the Town of Dighton, as a scenic river.CommentsClose CommentsPermalink
‘(D) The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, as a recreational river.’.CommentsClose CommentsPermalink
(b) Management of Taunton River, Massachusetts-CommentsClose CommentsPermalink
(1) TAUNTON RIVER STEWARDSHIP PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- Each river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a)) shall be managed in accordance with the Taunton River Stewardship Plan, dated July 2005 (including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to in this subsection as the ‘Secretary’) determines to be consistent with this section).CommentsClose CommentsPermalink
(B) EFFECT- The Taunton River Stewardship Plan described in subparagraph (A) shall be considered to satisfy each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and Scenic Rivers Act (
(2) COOPERATIVE AGREEMENTS- To provide for the long-term protection, preservation, and enhancement of each river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a)), pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (
(A) the Commonwealth of Massachusetts (including political subdivisions of the Commonwealth of Massachusetts);CommentsClose CommentsPermalink
(B) the Taunton River Stewardship Council; andCommentsClose CommentsPermalink
(C) any appropriate nonprofit organization, as determined by the Secretary.CommentsClose CommentsPermalink
(3) RELATION TO NATIONAL PARK SYSTEM- Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (
(A) administered as a unit of the National Park System; orCommentsClose CommentsPermalink
(B) subject to the laws (including regulations) that govern the administration of the National Park System.CommentsClose CommentsPermalink
(4) LAND MANAGEMENT-CommentsClose CommentsPermalink
(A) ZONING ORDINANCES- The zoning ordinances adopted by the Towns of Bridgewater, Halifax, Middleborough, Raynham, Berkley, Dighton, Freetown, and Somerset, and the Cities of Taunton and Fall River, Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands, and watercourses associated with any river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a))), shall be considered to satisfy each standard and requirement described in section 6(c) of the Wild and Scenic Rivers Act (
(B) VILLAGES- For the purpose of section 6(c) of the Wild and Scenic Rivers Act (
(C) ACQUISITION OF LAND-CommentsClose CommentsPermalink
(i) LIMITATION OF AUTHORITY OF SECRETARY- With respect to each river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a)), the Secretary may only acquire parcels of land--CommentsClose CommentsPermalink
(I) by donation; orCommentsClose CommentsPermalink
(II) with the consent of the owner of the parcel of land.CommentsClose CommentsPermalink
(ii) PROHIBITION RELATING TO ACQUISITION OF LAND BY CONDEMNATION- In accordance with section 6(c) of the Wild and Scenic Rivers Act (
Subtitle B--Additions to the National Trails SystemCommentsClose CommentsPermalink
SEC. 511. ARIZONA NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (
‘(27) ARIZONA NATIONAL SCENIC TRAIL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Arizona National Scenic Trail, extending approximately 807 miles across the State of Arizona from the U.S.-Mexico international border to the Arizona-Utah border, as generally depicted on the map entitled ‘Arizona National Scenic Trail’ and dated December 5, 2007, to be administered by the Secretary of Agriculture, in consultation with the Secretary of the Interior and appropriate State, tribal, and local governmental agencies.CommentsClose CommentsPermalink
‘(B) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in appropriate offices of the Forest Service.’.CommentsClose CommentsPermalink
SEC. 512. NEW ENGLAND NATIONAL SCENIC TRAIL.
(a) Authorization and Administration- Section 5(a) of the National Trails System Act (
‘(28) NEW ENGLAND NATIONAL SCENIC TRAIL- The New England National Scenic Trail, a continuous trail extending approximately 220 miles from the border of New Hampshire in the town of Royalston, Massachusetts to Long Island Sound in the town of Guilford, Connecticut, as generally depicted on the map titled ‘New England National Scenic Trail Proposed Route’, numbered T06/80,000, and dated October 2007. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. The Secretary of the Interior, in consultation with appropriate Federal, State, tribal, regional, and local agencies, and other organizations, shall administer the trail after considering the recommendations of the report titled the ‘Metacomet Monadnock Mattabesset Trail System National Scenic Trail Feasibility Study and Environmental Assessment’, prepared by the National Park Service, and dated Spring 2006. The United States shall not acquire for the trail any land or interest in land without the consent of the owner.’.CommentsClose CommentsPermalink
(b) Management- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall consider the actions outlined in the Trail Management Blueprint described in the report titled the ‘Metacomet Monadnock Mattabesett Trail System National Scenic Trail Feasibility Study and Environmental Assessment’, prepared by the National Park Service, and dated Spring 2006, as the framework for management and administration of the New England National Scenic Trail. Additional or more detailed plans for administration, management, protection, access, maintenance, or development of the trail may be developed consistent with the Trail Management Blueprint, and as approved by the Secretary.CommentsClose CommentsPermalink
(c) Cooperative Agreements- The Secretary is authorized to enter into cooperative agreements with the Commonwealth of Massachusetts (and its political subdivisions), the State of Connecticut (and its political subdivisions), and other regional, local, and private organizations deemed necessary and desirable to accomplish cooperative trail administrative, management, and protection objectives consistent with the Trail Management Blueprint. An agreement under this subsection may include provisions for limited financial assistance to encourage participation in the planning, acquisition, protection, operation, development, or maintenance of the trail.CommentsClose CommentsPermalink
(d) Additional Trail Segments- Pursuant to section 6 of the National Trails System Act (
SEC. 513. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.
(a) Findings; Purpose-CommentsClose CommentsPermalink
(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink
(A) at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon;CommentsClose CommentsPermalink
(B) geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; andCommentsClose CommentsPermalink
(C) in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail--CommentsClose CommentsPermalink
(i) to recognize the national significance of this phenomenon; andCommentsClose CommentsPermalink
(ii) to coordinate public and private sector entities in the presentation of the story of the Ice Age floods.CommentsClose CommentsPermalink
(2) PURPOSE- The purpose of this section is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) ICE AGE FLOODS; FLOODS- The term ‘Ice Age floods’ or ‘floods’ means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake in Missoula, Montana.CommentsClose CommentsPermalink
(2) PLAN- The term ‘plan’ means the cooperative management and interpretation plan authorized under subsection (f)(5).CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(4) TRAIL- The term ‘Trail’ means the Ice Age Floods National Geologic Trail designated by subsection (c).CommentsClose CommentsPermalink
(c) Designation- In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail.CommentsClose CommentsPermalink
(d) Location-CommentsClose CommentsPermalink
(1) MAP- The route of the Trail shall be generally depicted on the map entitled ‘Ice Age Floods National Geologic Trail,’ numbered P43/80,000 and dated June 2004.CommentsClose CommentsPermalink
(2) ROUTE- The route shall generally follow public roads and highways.CommentsClose CommentsPermalink
(3) REVISION- The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan.CommentsClose CommentsPermalink
(e) Map Availability- The map referred to in subsection (d)(1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(f) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this section.CommentsClose CommentsPermalink
(2) LIMITATION- Except as provided in paragraph (6)(B), the Trail shall not be considered to be a unit of the National Park System.CommentsClose CommentsPermalink
(3) TRAIL MANAGEMENT OFFICE- To improve management of the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity of the Trail.CommentsClose CommentsPermalink
(4) INTERPRETIVE FACILITIES- The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan.CommentsClose CommentsPermalink
(5) MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years after funds are made available to carry out this section, the Secretary shall prepare a cooperative management and interpretation plan for the Trail.CommentsClose CommentsPermalink
(B) CONSULTATION- The Secretary shall prepare the plan in consultation with--CommentsClose CommentsPermalink
(i) State, local, and tribal governments;CommentsClose CommentsPermalink
(ii) the Ice Age Floods Institute;CommentsClose CommentsPermalink
(iii) private property owners; andCommentsClose CommentsPermalink
(iv) other interested parties.CommentsClose CommentsPermalink
(C) CONTENTS- The plan shall--CommentsClose CommentsPermalink
(i) confirm and, if appropriate, expand on the inventory of features of the floods contained in the National Park Service study entitled ‘Ice Age Floods, Study of Alternatives and Environmental Assessment’ (February 2001) by--CommentsClose CommentsPermalink
(I) locating features more accurately;CommentsClose CommentsPermalink
(II) improving the description of features; andCommentsClose CommentsPermalink
(III) reevaluating the features in terms of their interpretive potential;CommentsClose CommentsPermalink
(ii) review and, if appropriate, modify the map of the Trail referred to in subsection (d)(1);CommentsClose CommentsPermalink
(iii) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; andCommentsClose CommentsPermalink
(iv) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods.CommentsClose CommentsPermalink
(6) COOPERATIVE MANAGEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of
(B) AUTHORITY- For purposes of this paragraph only, the Trail shall be considered a unit of the National Park System.CommentsClose CommentsPermalink
(7) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with public or private entities to carry out this section.CommentsClose CommentsPermalink
(8) EFFECT ON PRIVATE PROPERTY RIGHTS- Nothing in this section--CommentsClose CommentsPermalink
(A) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; orCommentsClose CommentsPermalink
(B) modifies any provision of Federal, State, or local law with respect to public access to or use of private land.CommentsClose CommentsPermalink
(9) LIABILITY- Designation of the Trail by subsection (c) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section, of which not more than $12,000,000 may be used for development of the Trail.CommentsClose CommentsPermalink
SEC. 514. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL.
Section 5(a) of the National Trails System Act (
‘(29) WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Washington-Rochambeau Revolutionary Route National Historic Trail, a corridor of approximately 600 miles following the route taken by the armies of General George Washington and Count Rochambeau between Newport, Rhode Island, and Yorktown, Virginia, in 1781 and 1782, as generally depicted on the map entitled ‘WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL’, numbered T01/80,001, and dated June 2007.CommentsClose CommentsPermalink
‘(B) MAP- The map referred to in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
‘(C) ADMINISTRATION- The trail shall be administered by the Secretary of the Interior, in consultation with--CommentsClose CommentsPermalink
‘(i) other Federal, State, tribal, regional, and local agencies; andCommentsClose CommentsPermalink
‘(ii) the private sector.CommentsClose CommentsPermalink
‘(D) LAND ACQUISITION- The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally-managed area without the consent of the owner of the land or interest in land.’.CommentsClose CommentsPermalink
Subtitle C--National Trail System AmendmentsCommentsClose CommentsPermalink
SEC. 521. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.
(a) Authority To Acquire Land From Willing Sellers for Certain Trails-CommentsClose CommentsPermalink
(1) OREGON NATIONAL HISTORIC TRAIL- Section 5(a)(3) of the National Trails System Act (
(2) MORMON PIONEER NATIONAL HISTORIC TRAIL- Section 5(a)(4) of the National Trails System Act (
(3) CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL- Section 5(a)(5) of the National Trails System Act (
(4) LEWIS AND CLARK NATIONAL HISTORIC TRAIL- Section 5(a)(6) of the National Trails System Act (
(5) IDITAROD NATIONAL HISTORIC TRAIL- Section 5(a)(7) of the National Trails System Act (
(6) NORTH COUNTRY NATIONAL SCENIC TRAIL- Section 5(a)(8) of the National Trails System Act (
(7) ICE AGE NATIONAL SCENIC TRAIL- Section 5(a)(10) of the National Trails System Act (
(8) POTOMAC HERITAGE NATIONAL SCENIC TRAIL- Section 5(a)(11) of the National Trails System Act (
(A) by striking the fourth and fifth sentences; andCommentsClose CommentsPermalink
(B) by adding at the end the following: ‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.’.CommentsClose CommentsPermalink
(9) NEZ PERCE NATIONAL HISTORIC TRAIL- Section 5(a)(14) of the National Trails System Act (
(A) by striking the fourth and fifth sentences; andCommentsClose CommentsPermalink
(B) by adding at the end the following: ‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 10 of the National Trails System Act (
‘(c) Authorization of Appropriations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a).CommentsClose CommentsPermalink
‘(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- With respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the ‘trail’) designated by section 5(a)(12)--CommentsClose CommentsPermalink
‘(i) not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; andCommentsClose CommentsPermalink
‘(ii) not more than $2,000,000 shall be appropriated for the development of the trail.CommentsClose CommentsPermalink
‘(B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS- The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.’.CommentsClose CommentsPermalink
SEC. 522. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS.
Section 5 of the National Trails System Act (
‘(g) Revision of Feasibility and Suitability Studies of Existing National Historic Trails-CommentsClose CommentsPermalink
‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
‘(A) ROUTE- The term ‘route’ includes a trail segment commonly known as a cutoff.CommentsClose CommentsPermalink
‘(B) SHARED ROUTE- The term ‘shared route’ means a route that was a segment of more than 1 historic trail, including a route shared with an existing national historic trail.CommentsClose CommentsPermalink
‘(2) REQUIREMENTS FOR REVISION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails.CommentsClose CommentsPermalink
‘(B) STUDY REQUIREMENTS AND OBJECTIVES- The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection.CommentsClose CommentsPermalink
‘(C) COMPLETION AND SUBMISSION OF STUDY- A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study.CommentsClose CommentsPermalink
‘(3) OREGON NATIONAL HISTORIC TRAIL-CommentsClose CommentsPermalink
‘(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled ‘Western Emigrant Trails 1830/1870’ and dated 1991/1993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Oregon National Historic Trail.CommentsClose CommentsPermalink
‘(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include the following:CommentsClose CommentsPermalink
‘(i) Whitman Mission route.CommentsClose CommentsPermalink
‘(ii) Upper Columbia River.CommentsClose CommentsPermalink
‘(iii) Cowlitz River route.CommentsClose CommentsPermalink
‘(iv) Meek cutoff.CommentsClose CommentsPermalink
‘(v) Free Emigrant Road.CommentsClose CommentsPermalink
‘(vi) North Alternate Oregon Trail.CommentsClose CommentsPermalink
‘(vii) Goodale’s cutoff.CommentsClose CommentsPermalink
‘(viii) North Side alternate route.CommentsClose CommentsPermalink
‘(ix) Cutoff to Barlow road.CommentsClose CommentsPermalink
‘(x) Naches Pass Trail.CommentsClose CommentsPermalink
‘(4) PONY EXPRESS NATIONAL HISTORIC TRAIL- The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Pony Express National Historic Trail.CommentsClose CommentsPermalink
‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL-CommentsClose CommentsPermalink
‘(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the Missouri Valley, central, and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled ‘Western Emigrant Trails 1830/1870’ and dated 1991/1993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the California National Historic Trail.CommentsClose CommentsPermalink
‘(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include the following:CommentsClose CommentsPermalink
‘(i) MISSOURI VALLEY ROUTES-CommentsClose CommentsPermalink
‘(I) Blue Mills-Independence Road.CommentsClose CommentsPermalink
‘(II) Westport Landing Road.CommentsClose CommentsPermalink
‘(III) Westport-Lawrence Road.CommentsClose CommentsPermalink
‘(IV) Fort Leavenworth-Blue River route.CommentsClose CommentsPermalink
‘(V) Road to Amazonia.CommentsClose CommentsPermalink
‘(VI) Union Ferry Route.CommentsClose CommentsPermalink
‘(VII) Old Wyoming-Nebraska City cutoff.CommentsClose CommentsPermalink
‘(VIII) Lower Plattsmouth Route.CommentsClose CommentsPermalink
‘(IX) Lower Bellevue Route.CommentsClose CommentsPermalink
‘(X) Woodbury cutoff.CommentsClose CommentsPermalink
‘(XI) Blue Ridge cutoff.CommentsClose CommentsPermalink
‘(XII) Westport Road.CommentsClose CommentsPermalink
‘(XIII) Gum Springs-Fort Leavenworth route.CommentsClose CommentsPermalink
‘(XIV) Atchison/Independence Creek routes.CommentsClose CommentsPermalink
‘(XV) Fort Leavenworth-Kansas River route.CommentsClose CommentsPermalink
‘(XVI) Nebraska City cutoff routes.CommentsClose CommentsPermalink
‘(XVII) Minersville-Nebraska City Road.CommentsClose CommentsPermalink
‘(XVIII) Upper Plattsmouth route.CommentsClose CommentsPermalink
‘(XIX) Upper Bellevue route.CommentsClose CommentsPermalink
‘(ii) CENTRAL ROUTES-CommentsClose CommentsPermalink
‘(I) Cherokee Trail, including splits.CommentsClose CommentsPermalink
‘(II) Weber Canyon route of Hastings cutoff.CommentsClose CommentsPermalink
‘(III) Bishop Creek cutoff.CommentsClose CommentsPermalink
‘(IV) McAuley cutoff.CommentsClose CommentsPermalink
‘(V) Diamond Springs cutoff.CommentsClose CommentsPermalink
‘(VI) Secret Pass.CommentsClose CommentsPermalink
‘(VII) Greenhorn cutoff.CommentsClose CommentsPermalink
‘(VIII) Central Overland Trail.CommentsClose CommentsPermalink
‘(iii) WESTERN ROUTES-CommentsClose CommentsPermalink
‘(I) Bidwell-Bartleson route.CommentsClose CommentsPermalink
‘(II) Georgetown/Dagget Pass Trail.CommentsClose CommentsPermalink
‘(III) Big Trees Road.CommentsClose CommentsPermalink
‘(IV) Grizzly Flat cutoff.CommentsClose CommentsPermalink
‘(V) Nevada City Road.CommentsClose CommentsPermalink
‘(VI) Yreka Trail.CommentsClose CommentsPermalink
‘(VII) Henness Pass route.CommentsClose CommentsPermalink
‘(VIII) Johnson cutoff.CommentsClose CommentsPermalink
‘(IX) Luther Pass Trail.CommentsClose CommentsPermalink
‘(X) Volcano Road.CommentsClose CommentsPermalink
‘(XI) Sacramento-Coloma Wagon Road.CommentsClose CommentsPermalink
‘(XII) Burnett cutoff.CommentsClose CommentsPermalink
‘(XIII) Placer County Road to Auburn.CommentsClose CommentsPermalink
‘(6) MORMON PIONEER NATIONAL HISTORIC TRAIL-CommentsClose CommentsPermalink
‘(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in the map entitled ‘Western Emigrant Trails 1830/1870’ and dated 1991/1993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Mormon Pioneer National Historic Trail.CommentsClose CommentsPermalink
‘(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include the following:CommentsClose CommentsPermalink
‘(i) 1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa).CommentsClose CommentsPermalink
‘(ii) 1856-57 Handcart route (Iowa City to Council Bluffs).CommentsClose CommentsPermalink
‘(iii) Keokuk route (Iowa).CommentsClose CommentsPermalink
‘(iv) 1847 Alternative Elkhorn and Loup River Crossings in Nebraska.CommentsClose CommentsPermalink
‘(v) Fort Leavenworth Road; Ox Bow route and alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants).CommentsClose CommentsPermalink
‘(vi) 1850 Golden Pass Road in Utah.CommentsClose CommentsPermalink
‘(7) SHARED CALIFORNIA AND OREGON TRAIL ROUTES-CommentsClose CommentsPermalink
‘(A) STUDY REQUIRED- The Secretary of the Interior shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled ‘Western Emigrant Trails 1830/1870’ and dated 1991/1993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as shared components of the California National Historic Trail and the Oregon National Historic Trail.CommentsClose CommentsPermalink
‘(B) COVERED ROUTES- The routes to be studied under subparagraph (A) shall include the following:CommentsClose CommentsPermalink
‘(i) St. Joe Road.CommentsClose CommentsPermalink
‘(ii) Council Bluffs Road.CommentsClose CommentsPermalink
‘(iii) Sublette cutoff.CommentsClose CommentsPermalink
‘(iv) Applegate route.CommentsClose CommentsPermalink
‘(v) Old Fort Kearny Road (Oxbow Trail).CommentsClose CommentsPermalink
‘(vi) Childs cutoff.CommentsClose CommentsPermalink
‘(vii) Raft River to Applegate.’.CommentsClose CommentsPermalink
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--National Parks and Federal Recreational Lands Pass DiscountCommentsClose CommentsPermalink
SEC. 601. NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS FOR ELIGIBLE INDIVIDUALS.
Section 805(b) of division J of the Consolidated Appropriations Act, 2005 (
‘(3) COST TO ELIGIBLE INDIVIDUALS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall make the National Parks and Federal Recreational Lands Pass available, at a cost of $10 (subject to the same rate of increase as the regular cost of the National Parks and Federal Recreational Lands Pass), to any individual determined to be eligible under subparagraph (C).CommentsClose CommentsPermalink
‘(B) TERM- A National Parks and Federal Recreational Lands Pass issued under this paragraph shall be valid for 1 year after the date of issuance of the pass.CommentsClose CommentsPermalink
‘(C) PROOF OF ELIGIBILITY- The Secretary, after consultation with the Secretary of Veterans Affairs and the Secretary of Defense, shall determine the appropriate documentation that a veteran or an active duty or reserve member of the United States Armed Forces shall provide as proof that the veteran or member is eligible for the discount available under this paragraph.’.CommentsClose CommentsPermalink
Subtitle B--Competitive Status for Federal Employees in AlaskaCommentsClose CommentsPermalink
SEC. 611. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN THE STATE OF ALASKA.
Section 1308 of the Alaska National Interest Lands Conservation Act (
‘(e) Competitive Status-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Nothing in subsection (a) provides that any person hired pursuant to the program established under that subsection is not eligible for competitive status in the same manner as any other employee hired as part of the competitive service.CommentsClose CommentsPermalink
‘(2) REDESIGNATION OF CERTAIN POSITIONS-CommentsClose CommentsPermalink
‘(A) PERSONS SERVING IN ORIGINAL POSITIONS- Not later than 60 days after the date of enactment of this subsection, with respect to any person hired into a permanent position pursuant to the program established under subsection (a) who is serving in that position as of the date of enactment of this subsection, the Secretary shall redesignate that position and the person serving in that position as having been part of the competitive service as of the date that the person was hired into that position.CommentsClose CommentsPermalink
‘(B) PERSONS NO LONGER SERVING IN ORIGINAL POSITIONS- With respect to any person who was hired pursuant to the program established under subsection (a) that is no longer serving in that position as of the date of enactment of this subsection--CommentsClose CommentsPermalink
‘(i) the person may provide to the Secretary a request for redesignation of the service as part of the competitive service that includes evidence of the employment; andCommentsClose CommentsPermalink
‘(ii) not later than 90 days of the submission of a request under clause (i), the Secretary shall redesignate the service of the person as being part of the competitive service.’.CommentsClose CommentsPermalink
Subtitle C--National Tropical Botanical GardenCommentsClose CommentsPermalink
SEC. 621. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TROPICAL BOTANICAL GARDEN.
Chapter 1535 of title 36, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 153514. Authorization of appropriations
‘(a) In General- Subject to subsection (b), there is authorized to be appropriated to the corporation for operation and maintenance expenses $500,000 for each of fiscal years 2008 through 2017.CommentsClose CommentsPermalink
‘(b) Limitation- Any Federal funds made available under subsection (a) shall be matched on a 1-to-1 basis by non-Federal funds.’.CommentsClose CommentsPermalink
Subtitle D--Management of the Baca National Wildlife RefugeCommentsClose CommentsPermalink
SEC. 631. BACA NATIONAL WILDLIFE REFUGE.
Section 6 of the Great Sand Dunes National Park and Preserve Act of 2000 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘(a) Establishment- (1) When’ and inserting the following:CommentsClose CommentsPermalink
‘(a) Establishment and Purpose-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- When’;CommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘(2) Such establishment’ and inserting the following:CommentsClose CommentsPermalink
‘(B) EFFECTIVE DATE- The establishment of the refuge under subparagraph (A)’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) PURPOSE- The purpose of the Baca National Wildlife Refuge shall be to restore, enhance, and maintain wetland, upland, riparian, and other habitats for native wildlife, plant, and fish species in the San Luis Valley.’;CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) REQUIREMENTS- In administering the Baca National Wildlife Refuge, the Secretary shall, to the maximum extent practicable--CommentsClose CommentsPermalink
‘(A) emphasize migratory bird conservation; andCommentsClose CommentsPermalink
‘(B) take into consideration the role of the Refuge in broader landscape conservation efforts.’; andCommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in paragraph (2), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) subject to any agreement in existence as of the date of enactment of this paragraph, and to the extent consistent with the purposes of the Refuge, use decreed water rights on the Refuge in approximately the same manner that the water rights have been used historically.’.CommentsClose CommentsPermalink
Subtitle E--Paleontological Resources PreservationCommentsClose CommentsPermalink
SEC. 641. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) CASUAL COLLECTING- The term ‘casual collecting’ means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth’s surface and other resources. As used in this paragraph, the terms ‘reasonable amount’, ‘common invertebrate and plant paleontological resources’ and ‘negligible disturbance’ shall be determined by the Secretary.CommentsClose CommentsPermalink
(2) FEDERAL LAND- The term ‘Federal land’ means--CommentsClose CommentsPermalink
(A) land controlled or administered by the Secretary of the Interior, except Indian land; orCommentsClose CommentsPermalink
(B) National Forest System land controlled or administered by the Secretary of Agriculture.CommentsClose CommentsPermalink
(3) INDIAN LAND- The term ‘Indian Land’ means land of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States.CommentsClose CommentsPermalink
(4) PALEONTOLOGICAL RESOURCE- The term ‘paleontological resource’ means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth’s crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include--CommentsClose CommentsPermalink
(A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (
(B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior with respect to land controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System land controlled or administered by the Secretary of Agriculture.CommentsClose CommentsPermalink
(6) STATE- The term ‘State’ means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.CommentsClose CommentsPermalink
SEC. 642. MANAGEMENT.
(a) In General- The Secretary shall manage and protect paleontological resources on Federal land using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public.CommentsClose CommentsPermalink
(b) Coordination- To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this subtitle.CommentsClose CommentsPermalink
SEC. 643. PUBLIC AWARENESS AND EDUCATION PROGRAM.
The Secretary shall establish a program to increase public awareness about the significance of paleontological resources.CommentsClose CommentsPermalink
SEC. 644. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in this subtitle, a paleontological resource may not be collected from Federal land without a permit issued under this subtitle by the Secretary.CommentsClose CommentsPermalink
(2) CASUAL COLLECTING EXCEPTION- The Secretary may allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal land and this subtitle.CommentsClose CommentsPermalink
(3) PREVIOUS PERMIT EXCEPTION- Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Criteria for Issuance of a Permit- The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that--CommentsClose CommentsPermalink
(1) the applicant is qualified to carry out the permitted activity;CommentsClose CommentsPermalink
(2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education;CommentsClose CommentsPermalink
(3) the permitted activity is consistent with any management plan applicable to the Federal land concerned; andCommentsClose CommentsPermalink
(4) the proposed methods of collecting will not threaten significant natural or cultural resources.CommentsClose CommentsPermalink
(c) Permit Specifications- A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this subtitle. Every permit shall include requirements that--CommentsClose CommentsPermalink
(1) the paleontological resource that is collected from Federal land under the permit will remain the property of the United States;CommentsClose CommentsPermalink
(2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; andCommentsClose CommentsPermalink
(3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary.CommentsClose CommentsPermalink
(d) Modification, Suspension, and Revocation of Permits-CommentsClose CommentsPermalink
(1) The Secretary may modify, suspend, or revoke a permit issued under this section--CommentsClose CommentsPermalink
(A) for resource, safety, or other management considerations; orCommentsClose CommentsPermalink
(B) when there is a violation of term or condition of a permit issued pursuant to this section.CommentsClose CommentsPermalink
(2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 646 or is assessed a civil penalty under section 647.CommentsClose CommentsPermalink
(e) Area Closures- In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary’s jurisdiction to the collection of paleontological resources.CommentsClose CommentsPermalink
SEC. 645. CURATION OF RESOURCES.
Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non-Federal repositories regarding the curation of these resources, data, and records.CommentsClose CommentsPermalink
SEC. 646. PROHIBITED ACTS; CRIMINAL PENALTIES.
(a) In General- A person may not--CommentsClose CommentsPermalink
(1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal land unless such activity is conducted in accordance with this subtitle;CommentsClose CommentsPermalink
(2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated or removed from Federal land in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this subtitle; orCommentsClose CommentsPermalink
(3) sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal land.CommentsClose CommentsPermalink
(b) False Labeling Offenses- A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal land.CommentsClose CommentsPermalink
(c) Penalties- A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than 1 year, or both.CommentsClose CommentsPermalink
(d) General Exception- Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 647. CIVIL PENALTIES.
(a) In General-CommentsClose CommentsPermalink
(1) HEARING- A person who violates any prohibition contained in an applicable regulation or permit issued under this subtitle may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section.CommentsClose CommentsPermalink
(2) AMOUNT OF PENALTY- The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this subtitle, taking into account the following factors:CommentsClose CommentsPermalink
(A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary.CommentsClose CommentsPermalink
(B) The cost of response, restoration, and repair of the resource and the paleontological site involved.CommentsClose CommentsPermalink
(C) Any other factors considered relevant by the Secretary assessing the penalty.CommentsClose CommentsPermalink
(3) MULTIPLE OFFENSES- In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled.CommentsClose CommentsPermalink
(4) LIMITATION- The amount of any penalty assessed under this subsection for any 1 violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered.CommentsClose CommentsPermalink
(b) Petition for Judicial Review; Collection of Unpaid Assessments-CommentsClose CommentsPermalink
(1) JUDICIAL REVIEW- Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole.CommentsClose CommentsPermalink
(2) FAILURE TO PAY- If any person fails to pay a penalty under this section within 30 days--CommentsClose CommentsPermalink
(A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); orCommentsClose CommentsPermalink
(B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings.CommentsClose CommentsPermalink
(c) Hearings- Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with
(d) Use of Recovered Amounts- Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows:CommentsClose CommentsPermalink
(1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal land.CommentsClose CommentsPermalink
(2) To provide educational materials to the public about paleontological resources and sites.CommentsClose CommentsPermalink
(3) To provide for the payment of rewards as provided in section 648.CommentsClose CommentsPermalink
SEC. 648. REWARDS AND FORFEITURE.
(a) Rewards- The Secretary may pay from penalties collected under section 646 or 647--CommentsClose CommentsPermalink
(1) consistent with amounts established in regulations by the Secretary; orCommentsClose CommentsPermalink
(2) if no such regulation exists, an amount equal to the lesser of 1/2 of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection.CommentsClose CommentsPermalink
(b) Forfeiture- All paleontological resources with respect to which a violation under section 646 or 647 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a violation of this subtitle, the disposition of such property or the proceeds from the sale thereof, and remission or mitigation of such forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of this subtitle.CommentsClose CommentsPermalink
(c) Transfer of Seized Resources- The Secretary may transfer administration of seized paleontological resources to Federal or non-Federal educational institutions to be used for scientific or educational purposes.CommentsClose CommentsPermalink
SEC. 649. CONFIDENTIALITY.
Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this subtitle or under any other provision of Federal law shall be exempt from disclosure under
(1) further the purposes of this subtitle;CommentsClose CommentsPermalink
(2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; andCommentsClose CommentsPermalink
(3) be in accordance with other applicable laws.CommentsClose CommentsPermalink
SEC. 650. REGULATIONS.
As soon as practical after the date of enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this subtitle, providing opportunities for public notice and comment.CommentsClose CommentsPermalink
SEC. 651. SAVINGS PROVISIONS.
Nothing in this subtitle shall be construed to--CommentsClose CommentsPermalink
(1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (
(2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal land;CommentsClose CommentsPermalink
(3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this subtitle;CommentsClose CommentsPermalink
(4) affect any land other than Federal land or affect the lawful recovery, collection, or sale of paleontological resources from land other than Federal land;CommentsClose CommentsPermalink
(5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal land in addition to the protection provided under this subtitle; orCommentsClose CommentsPermalink
(6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this subtitle.CommentsClose CommentsPermalink
SEC. 652. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.CommentsClose CommentsPermalink
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Additions to the National Park SystemCommentsClose CommentsPermalink
SEC. 701. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK, NEW JERSEY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CITY- The term ‘City’ means the City of Paterson, New Jersey.CommentsClose CommentsPermalink
(2) COMMISSION- The term ‘Commission’ means the Paterson Great Falls National Historical Park Advisory Commission established by subsection (e)(1).CommentsClose CommentsPermalink
(3) HISTORIC DISTRICT- The term ‘Historic District’ means the Great Falls Historic District in the State.CommentsClose CommentsPermalink
(4) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Park developed under subsection (d).CommentsClose CommentsPermalink
(5) MAP- The term ‘Map’ means the map entitled ‘Paterson Great Falls National Historical Park-Proposed Boundary’, numbered T03/80,001, and dated May 2008.CommentsClose CommentsPermalink
(6) PARK- The term ‘Park’ means the Paterson Great Falls National Historical Park established by subsection (b)(1)(A).CommentsClose CommentsPermalink
(7) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(8) STATE- The term ‘State’ means the State of New Jersey.CommentsClose CommentsPermalink
(b) Paterson Great Falls National Historical Park-CommentsClose CommentsPermalink
(1) ESTABLISHMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), there is established in the State a unit of the National Park System to be known as the ‘Paterson Great Falls National Historical Park’.CommentsClose CommentsPermalink
(B) CONDITIONS FOR ESTABLISHMENT- The Park shall not be established until the date on which the Secretary determines that--CommentsClose CommentsPermalink
(i)(I) the Secretary has acquired sufficient land or an interest in land within the boundary of the Park to constitute a manageable unit; orCommentsClose CommentsPermalink
(II) the State or City, as appropriate, has entered into a written agreement with the Secretary to donate--CommentsClose CommentsPermalink
(aa) the Great Falls State Park, including facilities for Park administration and visitor services; orCommentsClose CommentsPermalink
(bb) any portion of the Great Falls State Park agreed to between the Secretary and the State or City; andCommentsClose CommentsPermalink
(ii) the Secretary has entered into a written agreement with the State, City, or other public entity, as appropriate, providing that--CommentsClose CommentsPermalink
(I) land owned by the State, City, or other public entity within the Historic District will be managed consistent with this section; andCommentsClose CommentsPermalink
(II) future uses of land within the Historic District will be compatible with the designation of the Park.CommentsClose CommentsPermalink
(2) PURPOSE- The purpose of the Park is to preserve and interpret for the benefit of present and future generations certain historical, cultural, and natural resources associated with the Historic District.CommentsClose CommentsPermalink
(3) BOUNDARIES- The Park shall include the following sites, as generally depicted on the Map:CommentsClose CommentsPermalink
(A) The upper, middle, and lower raceways.CommentsClose CommentsPermalink
(B) Mary Ellen Kramer (Great Falls) Park and adjacent land owned by the City.CommentsClose CommentsPermalink
(C) A portion of Upper Raceway Park, including the Ivanhoe Wheelhouse and the Society for Establishing Useful Manufactures Gatehouse.CommentsClose CommentsPermalink
(D) Overlook Park and adjacent land, including the Society for Establishing Useful Manufactures Hydroelectric Plant and Administration Building.CommentsClose CommentsPermalink
(E) The Allied Textile Printing site, including the Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and Todd Mill ruins.CommentsClose CommentsPermalink
(F) The Rogers Locomotive Company Erecting Shop, including the Paterson Museum.CommentsClose CommentsPermalink
(G) The Great Falls Visitor Center.CommentsClose CommentsPermalink
(4) 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
(5) PUBLICATION OF NOTICE- Not later than 60 days after the date on which the conditions in clauses (i) and (ii) of paragraph (1)(B) are satisfied, the Secretary shall publish in the Federal Register notice of the establishment of the Park, including an official boundary map for the Park.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall administer the Park in accordance with--CommentsClose CommentsPermalink
(A) this section; andCommentsClose CommentsPermalink
(B) the laws 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 (
(2) STATE AND LOCAL JURISDICTION- Nothing in this section enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the City)--CommentsClose CommentsPermalink
(A) to exercise civil and criminal jurisdiction; orCommentsClose CommentsPermalink
(B) to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the Park.CommentsClose CommentsPermalink
(3) COOPERATIVE AGREEMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- As the Secretary determines to be appropriate to carry out this section, the Secretary may enter into cooperative agreements with the owner of the Great Falls Visitor Center or any nationally significant properties within the boundary of the Park under which the Secretary may identify, interpret, restore, and provide technical assistance for the preservation of the properties.CommentsClose CommentsPermalink
(B) RIGHT OF ACCESS- A cooperative agreement entered into under subparagraph (A) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of--CommentsClose CommentsPermalink
(i) conducting visitors through the properties; andCommentsClose CommentsPermalink
(ii) interpreting the properties for the public.CommentsClose CommentsPermalink
(C) CHANGES OR ALTERATIONS- No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under subparagraph (A) unless the Secretary and the other party to the agreement agree to the changes or alterations.CommentsClose CommentsPermalink
(D) CONVERSION, USE, OR DISPOSAL- Any payment made by the Secretary under this paragraph shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in amount equal to the greater of--CommentsClose CommentsPermalink
(i) the amounts made available to the project by the United States; orCommentsClose CommentsPermalink
(ii) the portion of the increased value of the project attributable to the amounts made available under this paragraph, as determined at the time of the conversion, use, or, disposal.CommentsClose CommentsPermalink
(E) MATCHING FUNDS-CommentsClose CommentsPermalink
(i) IN GENERAL- As a condition of the receipt of funds under this paragraph, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds.CommentsClose CommentsPermalink
(ii) FORM- With the approval of the Secretary, the non-Federal share required under clause (i) may be in the form of donated property, goods, or services from a non-Federal source.CommentsClose CommentsPermalink
(4) ACQUISITION OF LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may acquire land or interests in land within the boundary of the Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange.CommentsClose CommentsPermalink
(B) DONATION OF STATE OWNED LAND- Land or interests in land owned by the State or any political subdivision of the State may only be acquired by donation.CommentsClose CommentsPermalink
(5) TECHNICAL ASSISTANCE AND PUBLIC INTERPRETATION- The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the Historic District.CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary, in consultation with the Commission, shall complete a management plan for the Park in accordance with--CommentsClose CommentsPermalink
(A) section 12(b) of
(B) other applicable laws.CommentsClose CommentsPermalink
(2) COST SHARE- The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the City, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the Park.CommentsClose CommentsPermalink
(3) SUBMISSION TO CONGRESS- On completion of the management plan, the Secretary shall submit the management plan to--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(e) Paterson Great Falls National Historical Park Advisory Commission-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established a commission to be known as the ‘Paterson Great Falls National Historical Park Advisory Commission’.CommentsClose CommentsPermalink
(2) DUTIES- The duties of the Commission shall be to advise the Secretary in the development and implementation of the management plan.CommentsClose CommentsPermalink
(3) MEMBERSHIP-CommentsClose CommentsPermalink
(A) COMPOSITION- The Commission shall be composed of 9 members, to be appointed by the Secretary, of whom--CommentsClose CommentsPermalink
(i) 4 members shall be appointed after consideration of recommendations submitted by the Governor of the State;CommentsClose CommentsPermalink
(ii) 2 members shall be after consideration of recommendations submitted by the City Council of Paterson, New Jersey;CommentsClose CommentsPermalink
(iii) 1 member shall be after consideration of recommendations submitted by the Board of Chosen Freeholders of Passaic County, New Jersey; andCommentsClose CommentsPermalink
(iv) 2 members shall have experience with national parks and historic preservation.CommentsClose CommentsPermalink
(B) INITIAL APPOINTMENTS- The Secretary shall appoint the initial members of the Commission not later than the earlier of--CommentsClose CommentsPermalink
(i) the date that is 30 days after the date on which the Secretary has received all of the recommendations for appointments under subparagraph (A); orCommentsClose CommentsPermalink
(ii) the date that is 30 days after the Park is established in accordance with subsection (b).CommentsClose CommentsPermalink
(4) TERM; VACANCIES-CommentsClose CommentsPermalink
(A) TERM-CommentsClose CommentsPermalink
(i) IN GENERAL- A member shall be appointed for a term of 3 years.CommentsClose CommentsPermalink
(ii) REAPPOINTMENT- A member may be reappointed for not more than 1 additional term.CommentsClose CommentsPermalink
(B) VACANCIES- A vacancy on the Commission shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink
(5) MEETINGS- The Commission shall meet at the call of--CommentsClose CommentsPermalink
(A) the Chairperson; orCommentsClose CommentsPermalink
(B) a majority of the members of the Commission.CommentsClose CommentsPermalink
(6) QUORUM- A majority of the Commission shall constitute a quorum.CommentsClose CommentsPermalink
(7) CHAIRPERSON AND VICE CHAIRPERSON-CommentsClose CommentsPermalink
(A) IN GENERAL- The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.CommentsClose CommentsPermalink
(B) VICE CHAIRPERSON- The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson.CommentsClose CommentsPermalink
(C) TERM- A member may serve as Chairperson or Vice Chairman for not more than 1 year in each office.CommentsClose CommentsPermalink
(8) COMMISSION PERSONNEL MATTERS-CommentsClose CommentsPermalink
(A) COMPENSATION OF MEMBERS-CommentsClose CommentsPermalink
(i) IN GENERAL- Members of the Commission shall serve without compensation.CommentsClose CommentsPermalink
(ii) TRAVEL EXPENSES- Members 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
(B) STAFF-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duties of the Commission.CommentsClose CommentsPermalink
(ii) DETAIL OF EMPLOYEES- The Secretary may accept the services of personnel detailed from--CommentsClose CommentsPermalink
(I) the State;CommentsClose CommentsPermalink
(II) any political subdivision of the State; orCommentsClose CommentsPermalink
(III) any entity represented on the Commission.CommentsClose CommentsPermalink
(9) FACA NONAPPLICABILITY- Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.CommentsClose CommentsPermalink
(10) TERMINATION- The Commission shall terminate 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(f) Study of Hinchliffe Stadium-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 fiscal years after the date on which funds are made available to carry out this section, the Secretary shall complete a study regarding the preservation and interpretation of Hinchliffe Stadium, which is listed on the National Register of Historic Places.CommentsClose CommentsPermalink
(2) INCLUSIONS- The study shall include an assessment of--CommentsClose CommentsPermalink
(A) the potential for listing the stadium as a National Historic Landmark; andCommentsClose CommentsPermalink
(B) options for maintaining the historic integrity of Hinchliffe Stadium.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 702. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW JERSEY.
(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink
(1) to recognize and pay tribute to Thomas Alva Edison and his innovations; andCommentsClose CommentsPermalink
(2) to preserve, protect, restore, and enhance the Edison National Historic Site to ensure public use and enjoyment of the Site as an educational, scientific, and cultural center.CommentsClose CommentsPermalink
(b) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established the Thomas Edison National Historical Park as a unit of the National Park System (referred to in this section as the ‘Historical Park’).CommentsClose CommentsPermalink
(2) BOUNDARIES- The Historical Park shall be comprised of all property owned by the United States in the Edison National Historic Site as well as all property authorized to be acquired by the Secretary of the Interior (referred to in this section as the ‘Secretary’) for inclusion in the Edison National Historic Site before the date of the enactment of this Act, as generally depicted on the map entitled the ‘Thomas Edison National Historical Park’, numbered 403/80,000, and dated April 2008.CommentsClose CommentsPermalink
(3) MAP- The map of the Historical Park shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall administer the Historical Park in accordance with this section and with the provisions of law generally applicable to units of the National Park System, including the Acts entitled ‘An Act to establish a National Park Service, and for other purposes,’ approved August 25, 1916 (39 Stat. 535;
(2) ACQUISITION OF PROPERTY-CommentsClose CommentsPermalink
(A) REAL PROPERTY- The Secretary may acquire land or interests in land within the boundaries of the Historical Park, from willing sellers only, by donation, purchase with donated or appropriated funds, or exchange.CommentsClose CommentsPermalink
(B) PERSONAL PROPERTY- The Secretary may acquire personal property associated with, and appropriate for, interpretation of the Historical Park.CommentsClose CommentsPermalink
(3) COOPERATIVE AGREEMENTS- The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Historical Park.CommentsClose CommentsPermalink
(4) REPEAL OF SUPERSEDED LAW-
(5) REFERENCES- Any reference in a law, map, regulation, document, paper, or other record of the United States to the ‘Edison National Historic Site’ shall be deemed to be a reference to the ‘Thomas Edison National Historical Park’.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
Subtitle B--Amendments to Existing Units of the National Park SystemCommentsClose CommentsPermalink
SEC. 711. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.
(a) Acquisition of Property- Section 4 of
(b) Matching Funds- Section 8(b) of
(c) Authorization of Appropriations- Section 10 of
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘$25,000,000’ and inserting ‘$50,000,000’; andCommentsClose CommentsPermalink
(B) by striking ‘$3,000,000’ and inserting ‘$25,000,000’; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking ‘$100,000’ and all that follows through ‘those duties’ and inserting ‘$250,000’.CommentsClose CommentsPermalink
SEC. 712. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES FOR WEIR FARM NATIONAL HISTORIC SITE.
Section 4(d) of the Weir Farm National Historic Site Establishment Act of 1990 (
(1) in paragraph (1)(B), by striking ‘contiguous to’ and all that follows and inserting ‘within Fairfield County.’;CommentsClose CommentsPermalink
(2) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
‘(2) DEVELOPMENT-CommentsClose CommentsPermalink
‘(A) MAINTAINING NATURAL CHARACTER- The Secretary shall keep development of the property acquired under paragraph (1) to a minimum so that the character of the acquired property will be similar to the natural and undeveloped landscape of the property described in subsection (b).CommentsClose CommentsPermalink
‘(B) TREATMENT OF PREVIOUSLY DEVELOPED PROPERTY- Nothing in subparagraph (A) shall either prevent the Secretary from acquiring property under paragraph (1) that, prior to the Secretary’s acquisition, was developed in a manner inconsistent with subparagraph (A), or require the Secretary to remediate such previously developed property to reflect the natural character described in subparagraph (A).’; andCommentsClose CommentsPermalink
(3) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘the appropriate zoning authority’ and all that follows through ‘Wilton, Connecticut,’ and inserting ‘the local governmental entity that, in accordance with applicable State law, has jurisdiction over any property acquired under paragraph (1)(A)’.CommentsClose CommentsPermalink
SEC. 713. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY EXPANSION.
Section 2 of the Little River Canyon National Preserve Act of 1992 (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking ‘The Preserve’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Preserve’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) BOUNDARY EXPANSION- The boundary of the Preserve is modified to include the land depicted on the map entitled ‘Little River Canyon National Preserve Proposed Boundary’, numbered 152/80,004, and dated December 2007.’; andCommentsClose CommentsPermalink
(2) in subsection (c), by striking ‘map’ and inserting ‘maps’.CommentsClose CommentsPermalink
SEC. 714. HOPEWELL CULTURE NATIONAL HISTORICAL PARK BOUNDARY EXPANSION.
Section 2 of the Act entitled ‘An Act to rename and expand the boundaries of the Mound City Group National Monument in Ohio’, approved May 27, 1992 (106 Stat. 185), is amended--CommentsClose CommentsPermalink
(1) by striking ‘and’ at the end of subsection (a)(3);CommentsClose CommentsPermalink
(2) by striking the period at the end of subsection (a)(4) and inserting ‘; and’;CommentsClose CommentsPermalink
(3) by adding after subsection (a)(4) the following new paragraph:CommentsClose CommentsPermalink
‘(5) the map entitled ‘Hopewell Culture National Historical Park, Ohio Proposed Boundary Adjustment’ numbered 353/80,049 and dated June, 2006.’; andCommentsClose CommentsPermalink
(4) by adding after subsection (d)(2) the following new paragraph:CommentsClose CommentsPermalink
‘(3) The Secretary may acquire lands added by subsection (a)(5) only from willing sellers.’.CommentsClose CommentsPermalink
SEC. 715. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT.
(a) In General- Section 901 of the National Parks and Recreation Act of 1978 (
(b) Acquisition of Land- Section 902 of the National Parks and Recreation Act of 1978 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘(a) Within the’ and all that follows through the first sentence and inserting the following:CommentsClose CommentsPermalink
‘(a) In General-CommentsClose CommentsPermalink
‘(1) BARATARIA PRESERVE UNIT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary may acquire any land, water, and interests in land and water within the Barataria Preserve Unit by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange.CommentsClose CommentsPermalink
‘(B) LIMITATIONS-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Any non-Federal land depicted on the map described in section 901 as ‘Lands Proposed for Addition’ may be acquired by the Secretary only with the consent of the owner of the land.CommentsClose CommentsPermalink
‘(ii) BOUNDARY ADJUSTMENT- On the date on which the Secretary acquires a parcel of land described in clause (i), the boundary of the Barataria Preserve Unit shall be adjusted to reflect the acquisition.CommentsClose CommentsPermalink
‘(iii) JURISDICTION OF NATIONAL PARK SERVICE- Administrative jurisdiction over any Federal land within the areas depicted on the map described in section 901 as ‘Lands Proposed for Addition’ is transferred, without consideration, to the administrative jurisdiction of the National Park Service, to be administered as part of the Barataria Preserve Unit.CommentsClose CommentsPermalink
‘(iv) EASEMENTS- To ensure adequate hurricane protection of the communities located in the area, any land identified on the map described in section 901 that is acquired or transferred shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army.’;CommentsClose CommentsPermalink
(B) in the second sentence, by striking ‘The Secretary may also acquire by any of the foregoing methods’ and inserting the following:CommentsClose CommentsPermalink
‘(2) FRENCH QUARTER- The Secretary may acquire by any of the methods referred to in paragraph (1)(A)’;CommentsClose CommentsPermalink
(C) in the third sentence, by striking ‘Lands, waters, and interests therein’ and inserting the following:CommentsClose CommentsPermalink
‘(3) ACQUISITION OF STATE LAND- Land, water, and interests in land and water’; andCommentsClose CommentsPermalink
(D) in the fourth sentence, by striking ‘In acquiring’ and inserting the following:CommentsClose CommentsPermalink
‘(4) ACQUISITION OF OIL AND GAS RIGHTS- In acquiring’;CommentsClose CommentsPermalink
(2) by striking subsections (b) through (f) and inserting the following:CommentsClose CommentsPermalink
‘(b) Resource Protection- With respect to the land, water, and interests in land and water of the Barataria Preserve Unit, the Secretary shall preserve and protect--CommentsClose CommentsPermalink
‘(1) fresh water drainage patterns;CommentsClose CommentsPermalink
‘(2) vegetative cover;CommentsClose CommentsPermalink
‘(3) the integrity of ecological and biological systems; andCommentsClose CommentsPermalink
‘(4) water and air quality.CommentsClose CommentsPermalink
‘(c) Adjacent Land- With the consent of the owner and the parish governing authority, the Secretary may--CommentsClose CommentsPermalink
‘(1) acquire land, water, and interests in land and water, by any of the methods referred to in subsection (a)(1)(A) (including use of appropriations from the Land and Water Conservation Fund); andCommentsClose CommentsPermalink
‘(2) revise the boundaries of the Barataria Preserve Unit to include adjacent land and water.’; andCommentsClose CommentsPermalink
(3) by redesignating subsection (g) as subsection (d).CommentsClose CommentsPermalink
(c) Definition of Improved Property- Section 903 of the National Parks and Recreation Act of 1978 (
(d) Hunting, Fishing, and Trapping- Section 905 of the National Parks and Recreation Act of 1978 (
(e) Administration- Section 906 of the National Parks and Recreation Act of 1978 (
(1) by striking the first sentence; andCommentsClose CommentsPermalink
(2) in the second sentence, by striking ‘Pending such establishment and thereafter the’ and inserting ‘The’.CommentsClose CommentsPermalink
(f) References in Law-CommentsClose CommentsPermalink
(1) IN GENERAL- Any reference in a law (including regulations), map, document, paper, or other record of the United States--CommentsClose CommentsPermalink
(A) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; orCommentsClose CommentsPermalink
(B) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Title IX of the National Parks and Recreation Act of 1978 (
(A) by striking ‘Barataria Marsh Unit’ each place it appears and inserting ‘Barataria Preserve Unit’; andCommentsClose CommentsPermalink
(B) by striking ‘Jean Lafitte National Historical Park’ each place it appears and inserting ‘Jean Lafitte National Historical Park and Preserve’.CommentsClose CommentsPermalink
SEC. 716. MINUTE MAN NATIONAL HISTORICAL PARK.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) MAP- The term ‘map’ means the map entitled ‘Minute Man National Historical Park Proposed Boundary’, numbered 406/81001, and dated July 2007.CommentsClose CommentsPermalink
(2) PARK- The term ‘Park’ means the Minute Man National Historical Park in the State of Massachusetts.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Minute Man National Historical Park-CommentsClose CommentsPermalink
(1) BOUNDARY ADJUSTMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The boundary of the Park is modified to include the area generally depicted on the map.CommentsClose CommentsPermalink
(B) AVAILABILITY OF MAP- The map shall be on file and available for inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(2) ACQUISITION OF LAND- The Secretary may acquire the land or an interest in the land described in paragraph (1)(A) by--CommentsClose CommentsPermalink
(A) purchase from willing sellers with donated or appropriated funds;CommentsClose CommentsPermalink
(B) donation; orCommentsClose CommentsPermalink
(C) exchange.CommentsClose CommentsPermalink
(3) ADMINISTRATION OF LAND- The Secretary shall administer the land added to the Park under paragraph (1)(A) in accordance with applicable laws (including regulations).CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 717. EVERGLADES NATIONAL PARK.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HURRICANE HOLE- The term ‘Hurricane Hole’ means the natural salt-water body of water within the Duesenbury Tracts of the eastern parcel of the Tarpon Basin boundary adjustment and accessed by Duesenbury Creek.CommentsClose CommentsPermalink
(2) MAP- The term ‘map’ means the map entitled ‘Proposed Tarpon Basin Boundary Revision’, numbered 160/80,012, and dated May 2008.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(4) TARPON BASIN PROPERTY- The term ‘Tarpon Basin property’ means land that--CommentsClose CommentsPermalink
(A) is comprised of approximately 600 acres of land and water surrounding Hurricane Hole, as generally depicted on the map; andCommentsClose CommentsPermalink
(B) is located in South Key Largo.CommentsClose CommentsPermalink
(b) Boundary Revision-CommentsClose CommentsPermalink
(1) BOUNDARY REVISION- The boundary of the Everglades National Park is adjusted to include the Tarpon Basin property.CommentsClose CommentsPermalink
(2) ACQUISITION AUTHORITY- The Secretary may acquire from willing sellers by donation, purchase with donated or appropriated funds, or exchange, land, water, or interests in land and water, within the area depicted on the map, to be added to Everglades National Park.CommentsClose CommentsPermalink
(3) 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
(4) ADMINISTRATION- Land added to Everglades National Park by this section shall be administered as part of Everglades National Park in accordance with applicable laws (including regulations).CommentsClose CommentsPermalink
(c) Hurricane Hole- The Secretary may allow use of Hurricane Hole by sailing vessels during emergencies, subject to such terms and conditions as the Secretary determines to be necessary.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 718. KALAUPAPA NATIONAL HISTORICAL PARK.
(a) In General- The Secretary of Interior shall authorize Ka ‘Ohana O Kalaupapa, a non-profit organization consisting of patient residents at Kalaupapa National Historical Park, and their family members and friends, to establish a memorial at a suitable location or locations approved by the Secretary at Kalawao or Kalaupapa within the boundaries of Kalaupapa National Historical Park located on the island of Molokai, in the State of Hawaii, to honor and perpetuate the memory of those individuals who were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969.CommentsClose CommentsPermalink
(b) Design-CommentsClose CommentsPermalink
(1) IN GENERAL- The memorial authorized by subsection (a) shall--CommentsClose CommentsPermalink
(A) display in an appropriate manner the names of the first 5,000 individuals sent to the Kalaupapa Peninsula between 1866 and 1896, most of whom lived at Kalawao; andCommentsClose CommentsPermalink
(B) display in an appropriate manner the names of the approximately 3,000 individuals who arrived at Kalaupapa in the second part of its history, when most of the community was concentrated on the Kalaupapa side of the peninsula.CommentsClose CommentsPermalink
(2) APPROVAL- The location, size, design, and inscriptions of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary of the Interior.CommentsClose CommentsPermalink
(c) Funding- Ka ‘Ohana O Kalaupapa, a nonprofit organization, shall be solely responsible for acceptance of contributions for and payment of the expenses associated with the establishment of the memorial.CommentsClose CommentsPermalink
SEC. 719. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
(a) Cooperative Agreements- Section 1029(d) of the Omnibus Parks and Public Lands Management Act of 1996 (
‘(3) AGREEMENTS-CommentsClose CommentsPermalink
‘(A) DEFINITION OF ELIGIBLE ENTITY- In this paragraph, the term ‘eligible entity’ means--CommentsClose CommentsPermalink
‘(i) the Commonwealth of Massachusetts;CommentsClose CommentsPermalink
‘(ii) a political subdivision of the Commonwealth of Massachusetts; orCommentsClose CommentsPermalink
‘(iii) any other entity that is a member of the Boston Harbor Islands Partnership described in subsection (e)(2).CommentsClose CommentsPermalink
‘(B) AUTHORITY OF SECRETARY- Subject to subparagraph (C), the Secretary may consult with an eligible entity on, and enter into with the eligible entity--CommentsClose CommentsPermalink
‘(i) a cooperative management agreement to acquire from, and provide to, the eligible entity goods and services for the cooperative management of land within the recreation area; andCommentsClose CommentsPermalink
‘(ii) notwithstanding
section 6305 of title 31, United States Code , a cooperative agreement for the construction of recreation area facilities on land owned by an eligible entity for purposes consistent with the management plan under subsection (f).CommentsClose CommentsPermalink‘(C) CONDITIONS- The Secretary may enter into an agreement with an eligible entity under subparagraph (B) only if the Secretary determines that--CommentsClose CommentsPermalink
‘(i) appropriations for carrying out the purposes of the agreement are available; andCommentsClose CommentsPermalink
‘(ii) the agreement is in the best interests of the United States.’.CommentsClose CommentsPermalink
(b) Technical Amendments-CommentsClose CommentsPermalink
(1) MEMBERSHIP- Section 1029(e)(2)(B) of the Omnibus Parks and Public Lands Management Act of 1996 (
(2) DONATIONS- Section 1029(e)(11) of the Omnibus Parks and Public Lands Management Act of 1996 (
Subtitle C--Special Resource StudiesCommentsClose CommentsPermalink
SEC. 721. WILLIAM JEFFERSON CLINTON BIRTHPLACE HOME NATIONAL HISTORIC SITE.
(a) Acquisition of Property; Establishment of Historic Site- Should the Secretary of the Interior acquire, by donation only from the Clinton Birthplace Foundation, Inc., fee simple, unencumbered title to the William Jefferson Clinton Birthplace Home site located at 117 South Hervey Street, Hope, Arkansas, 71801, and to any personal property related to that site, the Secretary shall designate the William Jefferson Clinton Birthplace Home site as a National Historic Site and unit of the National Park System, to be known as the ‘President William Jefferson Clinton Birthplace Home National Historic Site’.CommentsClose CommentsPermalink
(b) Applicability of Other Laws- The Secretary shall administer the President William Jefferson Clinton Birthplace Home National Historic Site in accordance with the laws generally applicable to national historic sites, including the Act entitled ‘An Act to establish a National Park Service, and for other purposes’, approved August 25, 1916 (
SEC. 722. WALNUT CANYON STUDY.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) MAP- The term ‘map’ means the map entitled ‘Walnut Canyon Proposed Study Area’ and dated July 17, 2007.CommentsClose CommentsPermalink
(2) SECRETARIES- The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.CommentsClose CommentsPermalink
(3) STUDY AREA- The term ‘study area’ means the area identified on the map as the ‘Walnut Canyon Proposed Study Area’.CommentsClose CommentsPermalink
(b) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretaries shall conduct a study of the study area to assess--CommentsClose CommentsPermalink
(A) the suitability and feasibility of designating all or part of the study area as an addition to Walnut Canyon National Monument, in accordance with section 8(c) of
(B) continued management of the study area by the Forest Service; orCommentsClose CommentsPermalink
(C) any other designation or management option that would provide for--CommentsClose CommentsPermalink
(i) protection of resources within the study area; andCommentsClose CommentsPermalink
(ii) continued access to, and use of, the study area by the public.CommentsClose CommentsPermalink
(2) CONSULTATION- The Secretaries shall provide for public comment in the preparation of the study, including consultation with appropriate Federal, State, and local governmental entities.CommentsClose CommentsPermalink
(3) REPORT- Not later than 18 months after the date on which funds are made available to carry out this section, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes--CommentsClose CommentsPermalink
(A) the results of the study; andCommentsClose CommentsPermalink
(B) any recommendations of the Secretaries.CommentsClose CommentsPermalink
(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 723. TULE LAKE SEGREGATION CENTER, CALIFORNIA.
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a special resource study of the Tule Lake Segregation Center to determine the national significance of the site and the suitability and feasibility of including the site in the National Park System.CommentsClose CommentsPermalink
(2) STUDY GUIDELINES- The study shall be conducted in accordance with the criteria for the study of areas for potential inclusion in the National Park System under section 8 of
(3) CONSULTATION- In conducting the study, the Secretary shall consult with--CommentsClose CommentsPermalink
(A) Modoc County;CommentsClose CommentsPermalink
(B) the State of California;CommentsClose CommentsPermalink
(C) appropriate Federal agencies;CommentsClose CommentsPermalink
(D) tribal and local government entities;CommentsClose CommentsPermalink
(E) private and nonprofit organizations; andCommentsClose CommentsPermalink
(F) private landowners.CommentsClose CommentsPermalink
(4) SCOPE OF STUDY- The study shall include an evaluation of--CommentsClose CommentsPermalink
(A) the significance of the site as a part of the history of World War II;CommentsClose CommentsPermalink
(B) the significance of the site as the site relates to other war relocation centers;.CommentsClose CommentsPermalink
(C) the historical resources of the site, including the stockade, that are intact and in place;CommentsClose CommentsPermalink
(D) the contributions made by the local agricultural community to the World War II effort; andCommentsClose CommentsPermalink
(E) the potential impact of designation of the site as a unit of the National Park System on private landowners.CommentsClose CommentsPermalink
(b) Report- Not later than 3 years after the date on which funds are made available to conduct the study required under this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the findings, conclusions, and recommendations of the study.CommentsClose CommentsPermalink
SEC. 724. ESTATE GRANGE, ST. CROIX.
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Interior (referred to in this section as the ‘Secretary’), in consultation with the Governor of the Virgin Islands, shall conduct a special resource study of Estate Grange and other sites and resources associated with Alexander Hamilton’s life on St. Croix in the United States Virgin Islands.CommentsClose CommentsPermalink
(2) CONTENTS- In conducting the study under paragraph (1), the Secretary shall evaluate--CommentsClose CommentsPermalink
(A) the national significance of the sites and resources; andCommentsClose CommentsPermalink
(B) the suitability and feasibility of designating the sites and resources as a unit of the National Park System.CommentsClose CommentsPermalink
(3) CRITERIA- The criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of
(4) REPORT- Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink
(A) the results of the study; andCommentsClose CommentsPermalink
(B) any findings, conclusions, and recommendations of the Secretary.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 725. HARRIET BEECHER STOWE HOUSE, MAINE.
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall complete a special resource study of the Harriet Beecher Stowe House in Brunswick, Maine, to evaluate--CommentsClose CommentsPermalink
(A) the national significance of the Harriet Beecher Stowe House and surrounding land; andCommentsClose CommentsPermalink
(B) the suitability and feasibility of designating the Harriet Beecher Stowe House and surrounding land as a unit of the National Park System.CommentsClose CommentsPermalink
(2) STUDY GUIDELINES- In conducting the study authorized under paragraph (1), the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System contained in section 8(c) of
(b) Report- On completion of the study required under subsection (a), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report containing the findings, conclusions, and recommendations of the study.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 726. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.
(a) Special Resources Study- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a special resource study relating to the Battle of Shepherdstown in Shepherdstown, West Virginia, to evaluate--CommentsClose CommentsPermalink
(1) the national significance of the Shepherdstown battlefield and sites relating to the Shepherdstown battlefield; andCommentsClose CommentsPermalink
(2) the suitability and feasibility of adding the Shepherdstown battlefield and sites relating to the Shepherdstown battlefield as part of--CommentsClose CommentsPermalink
(A) Harpers Ferry National Historical Park; orCommentsClose CommentsPermalink
(B) Antietam National Battlefield.CommentsClose CommentsPermalink
(b) Criteria- In conducting the study authorized under subsection (a), the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System contained in section 8(c) of
(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report containing the findings, conclusions, and recommendations of the study conducted under subsection (a).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 727. GREEN MCADOO SCHOOL, TENNESSEE.
(a) In General- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a special resource study of the site of Green McAdoo School in Clinton, Tennessee, (referred to in this section as the ‘site’) to evaluate--CommentsClose CommentsPermalink
(1) the national significance of the site; andCommentsClose CommentsPermalink
(2) the suitability and feasibility of designating the site as a unit of the National Park System.CommentsClose CommentsPermalink
(b) Criteria- In conducting the study under subsection (a), the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System under section 8(c) of
(c) Contents- The study authorized by this section shall--CommentsClose CommentsPermalink
(1) determine the suitability and feasibility of designating the site as a unit of the National Park System;CommentsClose CommentsPermalink
(2) include cost estimates for any necessary acquisition, development, operation, and maintenance of the site; andCommentsClose CommentsPermalink
(3) identify alternatives for the management, administration, and protection of the site.CommentsClose CommentsPermalink
(d) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes--CommentsClose CommentsPermalink
(1) the findings and conclusions of the study; andCommentsClose CommentsPermalink
(2) any recommendations of the Secretary.CommentsClose CommentsPermalink
SEC. 728. HARRY S TRUMAN BIRTHPLACE, MISSOURI.
(a) In General- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a special resource study of the Harry S Truman Birthplace State Historic Site (referred to in this section as the ‘birthplace site’) in Lamar, Missouri, to determine--CommentsClose CommentsPermalink
(1) the suitability and feasibility of--CommentsClose CommentsPermalink
(A) adding the birthplace site to the Harry S Truman National Historic Site; orCommentsClose CommentsPermalink
(B) designating the birthplace site as a separate unit of the National Park System; andCommentsClose CommentsPermalink
(2) the methods and means for the protection and interpretation of the birthplace site by the National Park Service, other Federal, State, or local government entities, or private or nonprofit organizations.CommentsClose CommentsPermalink
(b) Study Requirements- The Secretary shall conduct the study required under subsection (a) 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 conducted under subsection (a); andCommentsClose CommentsPermalink
(2) any recommendations of the Secretary with respect to the birthplace site.CommentsClose CommentsPermalink
SEC. 729. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY.
(a) In General- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a special resource study of the sites and resources at Matewan, West Virginia, associated with the Battle of Matewan (also known as the ‘Matewan Massacre’) of May 19, 1920, to determine--CommentsClose CommentsPermalink
(1) the suitability and feasibility of designating certain historic areas of Matewan, West Virginia, as a unit of the National Park System; andCommentsClose CommentsPermalink
(2) the methods and means for the protection and interpretation of the historic areas by the National Park Service, other Federal, State, or local government entities, or private or nonprofit organizations.CommentsClose CommentsPermalink
(b) Study Requirements- The Secretary shall conduct the study required under subsection (a) 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 conducted under subsection (a); andCommentsClose CommentsPermalink
(2) any recommendations of the Secretary with respect to the historic areas.CommentsClose CommentsPermalink
SEC. 730. BUTTERFIELD OVERLAND TRAIL.
(a) In General- The Secretary of the Interior (referred to in this section as the ‘Secretary’) shall conduct a special resource study along the route known as the ‘Ox-Bow Route’ of the Butterfield Overland Trail (referred to in this section as the ‘route’) in the States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona, and California to evaluate--CommentsClose CommentsPermalink
(1) a range of alternatives for protecting and interpreting the resources of the route, including alternatives for potential addition of the Trail to the National Trails System; andCommentsClose CommentsPermalink
(2) the methods and means for the protection and interpretation of the route by the National Park Service, other Federal, State, or local government entities, or private or nonprofit organizations.CommentsClose CommentsPermalink
(b) Study Requirements- The Secretary shall conduct the study required under subsection (a) 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 conducted under subsection (a); andCommentsClose CommentsPermalink
(2) any recommendations of the Secretary with respect to the route.CommentsClose CommentsPermalink
Subtitle D--Program AuthorizationsCommentsClose CommentsPermalink
SEC. 741. AMERICAN BATTLEFIELD PROTECTION PROGRAM.
The American Battlefield Protection Act of 1996 (
(1) in subsection (d)(7)(A), by striking ‘fiscal years 2004 through 2008’ and inserting ‘fiscal years 2009 through 2013’; andCommentsClose CommentsPermalink
(2) by striking subsection (e).CommentsClose CommentsPermalink
SEC. 742. PRESERVE AMERICA PROGRAM.
(a) Purpose- The purpose of this section is to authorize the Preserve America Program, including--CommentsClose CommentsPermalink
(1) the Preserve America grant program within the Department of the Interior;CommentsClose CommentsPermalink
(2) the recognition programs administered by the Advisory Council on Historic Preservation; andCommentsClose CommentsPermalink
(3) the related efforts of Federal agencies, working in partnership with State, tribal, and local governments and the private sector, to support and promote the preservation of historic resources.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) COUNCIL- The term ‘Council’ means the Advisory Council on Historic Preservation.CommentsClose CommentsPermalink
(2) HERITAGE TOURISM- The term ‘heritage tourism’ means the conduct of activities to attract and accommodate visitors to a site or area based on the unique or special aspects of the history, landscape (including trail systems), and culture of the site or area.CommentsClose CommentsPermalink
(3) PROGRAM- The term ‘program’ means the Preserve America Program established under subsection (c)(1).CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(c) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Department of the Interior the Preserve America Program, under which the Secretary, in partnership with the Council, may provide competitive grants to States, local governments (including local governments in the process of applying for designation as Preserve America Communities under subsection (d)), Indian tribes, communities designated as Preserve America Communities under subsection (d), State historic preservation offices, and tribal historic preservation offices to support preservation efforts through heritage tourism, education, and historic preservation planning activities.CommentsClose CommentsPermalink
(2) ELIGIBLE PROJECTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The following projects shall be eligible for a grant under this section:CommentsClose CommentsPermalink
(i) A project for the conduct of--CommentsClose CommentsPermalink
(I) research on, and documentation of, the history of a community; andCommentsClose CommentsPermalink
(II) surveys of the historic resources of a community.CommentsClose CommentsPermalink
(ii) An education and interpretation project that conveys the history of a community or site.CommentsClose CommentsPermalink
(iii) A planning project (other than building rehabilitation) that advances economic development using heritage tourism and historic preservation.CommentsClose CommentsPermalink
(iv) A training project that provides opportunities for professional development in areas that would aid a community in using and promoting its historic resources.CommentsClose CommentsPermalink
(v) A project to support heritage tourism in a Preserve America Community designated under subsection (d).CommentsClose CommentsPermalink
(vi) Other nonconstruction projects that identify or promote historic properties or provide for the education of the public about historic properties that are consistent with the purposes of this section.CommentsClose CommentsPermalink
(B) LIMITATION- In providing grants under this section, the Secretary shall only provide 1 grant to each eligible project selected for a grant.CommentsClose CommentsPermalink
(3) PREFERENCE- In providing grants under this section, the Secretary may give preference to projects that carry out the purposes of both the program and the Save America’s Treasures Program.CommentsClose CommentsPermalink
(4) CONSULTATION AND NOTIFICATION-CommentsClose CommentsPermalink
(A) CONSULTATION- The Secretary shall consult with the Council in preparing the list of projects to be provided grants for a fiscal year under the program.CommentsClose CommentsPermalink
(B) NOTIFICATION- Not later than 30 days before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year.CommentsClose CommentsPermalink
(5) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The non-Federal share of the cost of carrying out a project provided a grant under this section shall be not less than 50 percent of the total cost of the project.CommentsClose CommentsPermalink
(B) FORM OF NON-FEDERAL SHARE- The non-Federal share required under subparagraph (A) shall be in the form of--CommentsClose CommentsPermalink
(i) cash; orCommentsClose CommentsPermalink
(ii) donated supplies and related services, the value of which shall be determined by the Secretary.CommentsClose CommentsPermalink
(C) REQUIREMENT- The Secretary shall ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the non-Federal share for an eligible project required under subparagraph (A) before a grant is provided to the eligible project under the program.CommentsClose CommentsPermalink
(d) Designation of Preserve America Communities-CommentsClose CommentsPermalink
(1) APPLICATION- To be considered for designation as a Preserve America Community, a community, tribal area, or neighborhood shall submit to the Council an application containing such information as the Council may require.CommentsClose CommentsPermalink
(2) CRITERIA- To be designated as a Preserve America Community under the program, a community, tribal area, or neighborhood that submits an application under paragraph (1) shall, as determined by the Council, in consultation with the Secretary, meet criteria required by the Council and, in addition, consider--CommentsClose CommentsPermalink
(A) protection and celebration of the heritage of the community, tribal area, or neighborhood;CommentsClose CommentsPermalink
(B) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; andCommentsClose CommentsPermalink
(C) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs.CommentsClose CommentsPermalink
(3) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRESERVATION ACTIVITIES- The Council shall establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under section 101(c)(1) of the National Historic Preservation Act (
(4) GUIDELINES- The Council, in consultation with the Secretary, shall establish any guidelines that are necessary to carry out this subsection.CommentsClose CommentsPermalink
(e) Regulations- The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this section.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $25,000,000 for each fiscal year, to remain available until expended.CommentsClose CommentsPermalink
SEC. 743. SAVE AMERICA’S TREASURES PROGRAM.
(a) Purpose- The purpose of this section is to authorize within the Department of the Interior the Save America’s Treasures Program, to be carried out by the Director of the National Park Service, in partnership with--CommentsClose CommentsPermalink
(1) the National Endowment for the Arts;CommentsClose CommentsPermalink
(2) the National Endowment for the Humanities;CommentsClose CommentsPermalink
(3) the Institute of Museum and Library Services;CommentsClose CommentsPermalink
(4) the National Trust for Historic Preservation;CommentsClose CommentsPermalink
(5) the National Conference of State Historic Preservation Officers;CommentsClose CommentsPermalink
(6) the National Association of Tribal Historic Preservation Officers; andCommentsClose CommentsPermalink
(7) the President’s Committee on the Arts and the Humanities.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) COLLECTION- The term ‘collection’ means a collection of intellectual and cultural artifacts, including documents, sculpture, and works of art.CommentsClose CommentsPermalink
(2) ELIGIBLE ENTITY- The term ‘eligible entity’ means a Federal entity, State, local, or tribal government, educational institution, or nonprofit organization.CommentsClose CommentsPermalink
(3) HISTORIC PROPERTY- The term ‘historic property’ has the meaning given the term in section 301 of the National Historic Preservation Act (
(4) NATIONALLY SIGNIFICANT- The term ‘nationally significant’ means a collection or historic property that meets the applicable criteria for national significance, in accordance with regulations promulgated by the Secretary pursuant to section 101(a)(2) of the National Historic Preservation Act (
(5) PROGRAM- The term ‘program’ means the Save America’s Treasures Program established under subsection (c)(1).CommentsClose CommentsPermalink
(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the National Park Service.CommentsClose CommentsPermalink
(c) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the Department of the Interior the Save America’s Treasures program, under which the amounts made available to the Secretary under subsection (e) shall be used by the Secretary, in consultation with the organizations described in subsection (a), subject to paragraph (6)(A)(ii), to provide grants to eligible entities for projects to preserve nationally significant collections and historic properties.CommentsClose CommentsPermalink
(2) DETERMINATION OF GRANTS- Of the amounts made available for grants under subsection (e), not less than 50 percent shall be made available for grants for projects to preserve collections and historic properties, to be distributed through a competitive grant process administered by the Secretary, subject to the eligibility criteria established under paragraph (5).CommentsClose CommentsPermalink
(3) APPLICATIONS FOR GRANTS- To be considered for a competitive grant under the program an eligible entity shall submit to the Secretary an application containing such information as the Secretary may require.CommentsClose CommentsPermalink
(4) COLLECTIONS AND HISTORIC PROPERTIES ELIGIBLE FOR COMPETITIVE GRANTS-CommentsClose CommentsPermalink
(A) IN GENERAL- A collection or historic property shall be provided a competitive grant under the program only if the Secretary determines that the collection or historic property is--CommentsClose CommentsPermalink
(i) nationally significant; andCommentsClose CommentsPermalink
(ii) threatened or endangered.CommentsClose CommentsPermalink
(B) ELIGIBLE COLLECTIONS- A determination by the Secretary regarding the national significance of collections under subparagraph (A)(i) shall be made in consultation with the organizations described in subsection (a), as appropriate.CommentsClose CommentsPermalink
(C) ELIGIBLE HISTORIC PROPERTIES- To be eligible for a competitive grant under the program, a historic property shall, as of the date of the grant application--CommentsClose CommentsPermalink
(i) be listed in the National Register of Historic Places at the national level of significance; orCommentsClose CommentsPermalink
(ii) be designated as a National Historic Landmark.CommentsClose CommentsPermalink
(5) SELECTION CRITERIA FOR GRANTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall not provide a grant under this section to a project for an eligible collection or historic property unless the project--CommentsClose CommentsPermalink
(i) eliminates or substantially mitigates the threat of destruction or deterioration of the eligible collection or historic property;CommentsClose CommentsPermalink
(ii) has a clear public benefit; andCommentsClose CommentsPermalink
(iii) is able to be completed on schedule and within the budget described in the grant application.CommentsClose CommentsPermalink
(B) PREFERENCE- In providing grants under this section, the Secretary may give preference to projects that carry out the purposes of both the program and the Preserve America Program.CommentsClose CommentsPermalink
(C) LIMITATION- In providing grants under this section, the Secretary shall only provide 1 grant to each eligible project selected for a grant.CommentsClose CommentsPermalink
(6) CONSULTATION AND NOTIFICATION BY SECRETARY-CommentsClose CommentsPermalink
(A) CONSULTATION-CommentsClose CommentsPermalink
(i) IN GENERAL- Subject to clause (ii), the Secretary shall consult with the organizations described in subsection (a) in preparing the list of projects to be provided grants for a fiscal year by the Secretary under the program.CommentsClose CommentsPermalink
(ii) LIMITATION- If an entity described in clause (i) has submitted an application for a grant under the program, the entity shall be recused by the Secretary from the consultation requirements under that clause and paragraph (1).CommentsClose CommentsPermalink
(B) NOTIFICATION- Not later than 30 days before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year.CommentsClose CommentsPermalink
(7) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The non-Federal share of the cost of carrying out a project provided a grant under this section shall be not less than 50 percent of the total cost of the project.CommentsClose CommentsPermalink
(B) FORM OF NON-FEDERAL SHARE- The non-Federal share required under subparagraph (A) shall be in the form of--CommentsClose CommentsPermalink
(i) cash; orCommentsClose CommentsPermalink
(ii) donated supplies or related services, the value of which shall be determined by the Secretary.CommentsClose CommentsPermalink
(C) REQUIREMENT- The Secretary shall ensure that each applicant for a grant has the capacity and a feasible plan for securing the non-Federal share for an eligible project required under subparagraph (A) before a grant is provided to the eligible project under the program.CommentsClose CommentsPermalink
(d) Regulations- The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this section.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year, to remain available until expended.CommentsClose CommentsPermalink
Subtitle E--Advisory CommissionCommentsClose CommentsPermalink
SEC. 744. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION.
Section 505(f)(7) of the National Parks and Recreation Act of 1978 (
TITLE VIII--NATIONAL HERITAGE AREASCommentsClose CommentsPermalink
Subtitle A--National Heritage Area ProgramCommentsClose CommentsPermalink
SEC. 801. PURPOSES.
The purposes of this subtitle are--CommentsClose CommentsPermalink
(1) to promote public understanding, appreciation, and enjoyment of many places, events and people that have contributed to the story of the United States;CommentsClose CommentsPermalink
(2) to promote innovative and partnership-driven management strategies that recognize regional values, encourage locally tailored resource stewardship and interpretation, and provide for the effective leveraging of Federal funds with other local, State, and private funding sources;CommentsClose CommentsPermalink
(3) to unify national standards and processes for conducting feasibility studies, designating a system of National Heritage Areas, and approving management plans for National Heritage Areas;CommentsClose CommentsPermalink
(4) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within National Heritage Areas; andCommentsClose CommentsPermalink
(5) to provide financial and technical assistance to National Heritage Area local coordinating entities that act as a catalyst for diverse regions, communities, organizations, and citizens to undertake projects and programs for collaborative resource stewardship and interpretation.CommentsClose CommentsPermalink
SEC. 802. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the entity designated by Congress--CommentsClose CommentsPermalink
(A) to develop, in partnership with others, the management plan for a 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 a National Heritage Area designated by Congress that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with section 806.CommentsClose CommentsPermalink
(3) NATIONAL HERITAGE AREA- The term ‘National Heritage Area’ means an area designated by Congress that is nationally important to the heritage of the United States and meets the criteria established under section 804(a).CommentsClose CommentsPermalink
(4) NATIONAL IMPORTANCE- The term ‘national importance’ means possession of--CommentsClose CommentsPermalink
(A) unique natural, historical, cultural, educational, scenic, or recreational resources of exceptional value or quality; andCommentsClose CommentsPermalink
(B) a high degree of integrity of location, setting, or association in illustrating or interpreting the heritage of the United States.CommentsClose CommentsPermalink
(5) PROPOSED NATIONAL HERITAGE AREA- The term ‘proposed National Heritage Area’ means an area under study by the Secretary or other parties for potential designation by Congress as a National Heritage Area.CommentsClose CommentsPermalink
(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(7) STUDY- The term ‘study’ means a study conducted by the Secretary, or conducted by 1 or more other interested parties and reviewed by the Secretary, in accordance with the criteria and processes established under section 804, to determine whether an area meets the criteria to be designated as a National Heritage Area by Congress.CommentsClose CommentsPermalink
(8) SYSTEM- The term ‘system’ means the system of National Heritage Areas established under section 803(a).CommentsClose CommentsPermalink
SEC. 803. NATIONAL HERITAGE AREAS SYSTEM.
(a) In General- In order to recognize certain areas of the United States that tell nationally important stories and to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the areas that together illustrate significant aspects of the heritage of the United States, there is established a system of National Heritage Areas through which the Secretary shall provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of the National Heritage Areas.CommentsClose CommentsPermalink
(b) System- The system of National Heritage Areas shall be composed of--CommentsClose CommentsPermalink
(1) National Heritage Areas established by Congress before or on the date of enactment of this Act; andCommentsClose CommentsPermalink
(2) National Heritage Areas established by Congress after the date of enactment of this Act, as provided for in this subtitle.CommentsClose CommentsPermalink
(c) Relationship to the National Park System-CommentsClose CommentsPermalink
(1) RELATIONSHIP TO NATIONAL PARK UNITS- The Secretary shall--CommentsClose CommentsPermalink
(A) ensure, to the maximum extent practicable, participation and assistance by units of the National Park System located near or encompassed by National Heritage Areas in local initiatives for National Heritage Areas that conserve and interpret resources consistent with an approved management plan; andCommentsClose CommentsPermalink
(B) work with National Heritage Areas to promote public enjoyment of units of the National Park System and park-related resources.CommentsClose CommentsPermalink
(2) APPLICABILITY OF LAWS- National Heritage Areas shall not be--CommentsClose CommentsPermalink
(A) considered to be units of the National Park System; orCommentsClose CommentsPermalink
(B) subject to the laws applicable to units of the National Park System.CommentsClose CommentsPermalink
(d) Duties- Under the system, the Secretary shall--CommentsClose CommentsPermalink
(1)(A) conduct studies, as directed by Congress, to assess the suitability and feasibility of designating proposed National Heritage Areas; orCommentsClose CommentsPermalink
(B) review and comment on studies undertaken by other parties to make such assessment;CommentsClose CommentsPermalink
(2) provide technical and financial assistance, on a reimbursable or non-reimbursable basis (as determined by the Secretary), for the development and implementation of management plans for designated National Heritage Areas;CommentsClose CommentsPermalink
(3) enter into cooperative agreements with interested parties to carry out this subtitle;CommentsClose CommentsPermalink
(4) provide information, promote understanding, and encourage research on National Heritage Areas in partnership with local coordinating entities;CommentsClose CommentsPermalink
(5) provide national oversight, analysis, coordination, and technical and financial assistance and support to ensure consistency and accountability under the system;CommentsClose CommentsPermalink
(6) submit annually 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 allocation and expenditure of funds for activities conducted with respect to National Heritage Areas under this subtitle; andCommentsClose CommentsPermalink
(7) conduct an evaluation of, and prepare a report on, National Heritage Areas in accordance with section 807.CommentsClose CommentsPermalink
SEC. 804. STUDIES.
(a) Criteria- In conducting or reviewing a study, the Secretary shall apply the following criteria to determine the suitability and feasibility of designating a proposed National Heritage Area:CommentsClose CommentsPermalink
(1) An area--CommentsClose CommentsPermalink
(A) has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States;CommentsClose CommentsPermalink
(B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use;CommentsClose CommentsPermalink
(C) is best managed as such an assemblage through partnerships among public and private entities at the local or regional level;CommentsClose CommentsPermalink
(D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States;CommentsClose CommentsPermalink
(E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features;CommentsClose CommentsPermalink
(F) provides outstanding recreational or educational opportunities; andCommentsClose CommentsPermalink
(G) has resources and traditional uses that have national importance.CommentsClose CommentsPermalink
(2) Residents, business interests, nonprofit organizations, and governments (including relevant Federal land management agencies) within the proposed area are involved in the planning and have demonstrated significant support through letters and other means for National Heritage Area designation and management.CommentsClose CommentsPermalink
(3) The local coordinating entity responsible for preparing and implementing the management plan is identified.CommentsClose CommentsPermalink
(4) The proposed local coordinating entity and units of government supporting the designation are willing and have documented a significant commitment to work in partnership to protect, enhance, interpret, fund, manage, and develop resources within the National Heritage Area.CommentsClose CommentsPermalink
(5) The proposed local coordinating entity has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the National Heritage Area.CommentsClose CommentsPermalink
(6) The proposal is consistent with continued economic activity within the area.CommentsClose CommentsPermalink
(7) A conceptual boundary map has been developed and is supported by the public and participating Federal agencies.CommentsClose CommentsPermalink
(b) Consultation- In conducting or reviewing a study, the Secretary shall consult with the managers of any Federal land within the proposed National Heritage Area and secure the concurrence of the managers with the findings of the study before making a determination for designation.CommentsClose CommentsPermalink
(c) Approval- On completion or receipt of a study for a National Heritage Area, the Secretary shall--CommentsClose CommentsPermalink
(1) review, comment on, and determine if the study meets the criteria specified in subsection (a) for designation as a National Heritage Area;CommentsClose CommentsPermalink
(2) consult with the Governor of each State in which the proposed National Heritage Area is located; andCommentsClose CommentsPermalink
(3) transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, the study, including--CommentsClose CommentsPermalink
(A) any comments received from the Governor of each State in which the proposed National Heritage Area is located; andCommentsClose CommentsPermalink
(B) a finding as to whether the proposed National Heritage Area meets the criteria for designation.CommentsClose CommentsPermalink
(d) Disapproval- If the Secretary determines that any proposed National Heritage Area does not meet the criteria for designation, the Secretary shall include within the study submitted under subsection (c)(3) a description of the reasons for the determination.CommentsClose CommentsPermalink
SEC. 805. DESIGNATION OF NATIONAL HERITAGE AREAS.
(a) In General- The designation of a National Heritage Area shall be--CommentsClose CommentsPermalink
(1) by Act of Congress; andCommentsClose CommentsPermalink
(2) contingent on the prior completion of a study and an affirmative determination by the Secretary that the area meets the criteria established under section 804(a).CommentsClose CommentsPermalink
(b) Component of the System- Any National Heritage Area designated under subsection (a) shall be a component of the system.CommentsClose CommentsPermalink
SEC. 806. MANAGEMENT PLANS.
(a) Requirements- The management plan for any 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 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 government agency, organization, business, or individual;CommentsClose CommentsPermalink
(7) include an analysis of, and recommendations for, means by which Federal, State, 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 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 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 and local officials whose support is needed to ensure the effective implementation of the State and local elements of the management plan; andCommentsClose CommentsPermalink
(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, 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
SEC. 807. EVALUATION; REPORT.
(a) In General- Not later than 3 years before the date on which authority for Federal funding terminates for a National Heritage Area under section 812(b)(2), 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, local, and private investments in the National Heritage Area to determine the leverage and 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-CommentsClose CommentsPermalink
(1) IN GENERAL- Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.CommentsClose CommentsPermalink
(2) REQUIRED ANALYSIS- If the report prepared under paragraph (1) recommends that Federal funding for the National Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(A) ways in which Federal funding for the National Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(B) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(3) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
SEC. 808. LOCAL COORDINATING ENTITIES.
(a) 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 section 806;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 laws or 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
SEC. 809. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(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
SEC. 810. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
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, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to any local coordinating entity;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
SEC. 811. PARTNERSHIP SUPPORT.
(a) Technical Assistance- On termination of the 15-year period for which assistance is provided under section 812, the Secretary may, on request of a local coordinating entity, continue to provide technical assistance to a National Heritage Area under section 803.CommentsClose CommentsPermalink
(b) Grant Assistance-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may establish a grant program under which the Secretary provides grants, on a competitive basis, to local coordinating entities for the conduct of individual projects at National Heritage Areas for which financial assistance has terminated under section 812.CommentsClose CommentsPermalink
(2) CONDITIONS- The provision of a grant under paragraph (1) shall be subject to the condition that--CommentsClose CommentsPermalink
(A) a project must be approved by the local coordinating entity as promoting the purposes of the management plan required under section 806;CommentsClose CommentsPermalink
(B) a project may receive only 1 grant of no more than $250,000 in any 1 fiscal year;CommentsClose CommentsPermalink
(C) a maximum of $250,000 may be received by a local coordinating entity for projects funded under this subsection in any 1 fiscal year; andCommentsClose CommentsPermalink
(D) a project shall not be eligible for funding under this section in any fiscal year that a local coordinating entity receives an appropriation through the National Park Service (excluding technical assistance) for the National Heritage Area at which the project is being conducted.CommentsClose CommentsPermalink
(c) Report- For each fiscal year in which assistance is provided under this section, the Secretary shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a list of the projects provided assistance for the fiscal year.CommentsClose CommentsPermalink
SEC. 812. AUTHORIZATION OF APPROPRIATIONS.
(a) Studies- There is authorized to be appropriated to conduct and review studies under section 804 $750,000 for each fiscal year, of which not more than $250,000 for any fiscal year may be used for any individual study for a proposed National Heritage Area.CommentsClose CommentsPermalink
(b) Local Coordinating Entities-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out section 808 $25,000,000 for each fiscal year, of which not more than--CommentsClose CommentsPermalink
(A) $1,000,000 may be made available for any fiscal year for any individual National Heritage Area, to remain available until expended; andCommentsClose CommentsPermalink
(B) a total of $10,000,000 may be made available for all such fiscal years for any individual National Heritage Area.CommentsClose CommentsPermalink
(2) TERMINATION DATE-CommentsClose CommentsPermalink
(A) IN GENERAL- The authority of the Secretary to provide financial assistance to an individual local coordinating entity under this section (excluding technical assistance and administrative oversight) shall terminate on the date that is 15 years after the date of the initial receipt of the assistance by the local coordinating entity.CommentsClose CommentsPermalink
(B) DESIGNATION- A National Heritage Area shall retain the designation as a National Heritage Area after the termination date prescribed in subparagraph (A).CommentsClose CommentsPermalink
(3) ADMINISTRATION- Not more than 5 percent of the amount of funds made available under paragraph (1) for a fiscal year may be used by the Secretary for technical assistance, oversight, and administrative purposes.CommentsClose CommentsPermalink
(c) Heritage Partnership Grant Assistance- There is authorized to be appropriated to the Secretary to carry out section 811 $5,000,000 for each fiscal year.CommentsClose CommentsPermalink
(d) Matching Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- As a condition of receiving a grant under this subtitle, the recipient of the grant shall provide matching funds in an amount that is equal to the amount of the grant.CommentsClose CommentsPermalink
(2) ADMINISTRATION- The recipient matching funds--CommentsClose CommentsPermalink
(A) shall be derived from non-Federal sources; andCommentsClose CommentsPermalink
(B) may be made in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
Subtitle B--Designation of National Heritage AreasCommentsClose CommentsPermalink
SEC. 821. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term ‘Heritage Area’ means the Sangre de Cristo National Heritage Area established by subsection (b)(1).CommentsClose CommentsPermalink
(2) MANAGEMENT ENTITY- The term ‘management entity’ means the management entity for the Heritage Area designated by subsection (b)(4).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area required under subsection (d).CommentsClose CommentsPermalink
(4) MAP- The term ‘map’ means the map entitled ‘Proposed Sangre De Cristo National Heritage Area’ and dated November 2005.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(6) STATE- The term ‘State’ means the State of Colorado.CommentsClose CommentsPermalink
(b) Sangre De Cristo National Heritage Area-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established in the State the Sangre de Cristo National Heritage Area.CommentsClose CommentsPermalink
(2) BOUNDARIES- The Heritage Area shall consist of--CommentsClose CommentsPermalink
(A) the counties of Alamosa, Conejos, and Costilla; andCommentsClose CommentsPermalink
(B) the Monte Vista National Wildlife Refuge, the Baca National Wildlife Refuge, the Great Sand Dunes National Park and Preserve, and other areas included in the map.CommentsClose CommentsPermalink
(3) MAP- A map of the Heritage Area shall be--CommentsClose CommentsPermalink
(A) included in the management plan; andCommentsClose CommentsPermalink
(B) on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(4) MANAGEMENT ENTITY-CommentsClose CommentsPermalink
(A) IN GENERAL- The management entity for the Heritage Area shall be the Sangre de Cristo National Heritage Area Board of Directors.CommentsClose CommentsPermalink
(B) MEMBERSHIP REQUIREMENTS- Members of the Board shall include representatives from a broad cross-section of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) AUTHORITIES- For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this section to--CommentsClose CommentsPermalink
(A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties;CommentsClose CommentsPermalink
(C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;CommentsClose CommentsPermalink
(D) obtain money or services from any source including any that are provided under any other Federal law or program;CommentsClose CommentsPermalink
(E) contract for goods or services; andCommentsClose CommentsPermalink
(F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan.CommentsClose CommentsPermalink
(2) DUTIES- The management entity shall--CommentsClose CommentsPermalink
(A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary;CommentsClose CommentsPermalink
(B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by--CommentsClose CommentsPermalink
(i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;CommentsClose CommentsPermalink
(ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area;CommentsClose CommentsPermalink
(iii) developing recreational and educational opportunities in the Heritage Area;CommentsClose CommentsPermalink
(iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;CommentsClose CommentsPermalink
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; andCommentsClose CommentsPermalink
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area;CommentsClose CommentsPermalink
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;CommentsClose CommentsPermalink
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;CommentsClose CommentsPermalink
(E) for any year that Federal funds have been received under this section--CommentsClose CommentsPermalink
(i) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made);CommentsClose CommentsPermalink
(ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds;CommentsClose CommentsPermalink
(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; andCommentsClose CommentsPermalink
(F) encourage by appropriate means economic viability that is consistent with the Heritage Area.CommentsClose CommentsPermalink
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The management entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.CommentsClose CommentsPermalink
(4) COST-SHARING REQUIREMENT- The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent.CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan shall--CommentsClose CommentsPermalink
(A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(B) take into consideration State and local plans;CommentsClose CommentsPermalink
(C) include--CommentsClose CommentsPermalink
(i) an inventory of--CommentsClose CommentsPermalink
(I) the resources located in the core area described in subsection (b)(2); andCommentsClose CommentsPermalink
(II) any other property in the core area that--CommentsClose CommentsPermalink
(aa) is related to the themes of the Heritage Area; andCommentsClose CommentsPermalink
(bb) should be preserved, restored, managed, or maintained because of the significance of the property;CommentsClose CommentsPermalink
(ii) comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area;CommentsClose CommentsPermalink
(iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) a program of implementation for the management plan by the management entity that includes a description of--CommentsClose CommentsPermalink
(I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; andCommentsClose CommentsPermalink
(II) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation;CommentsClose CommentsPermalink
(v) the identification of sources of funding for carrying out the management plan;CommentsClose CommentsPermalink
(vi) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this section; andCommentsClose CommentsPermalink
(vii) an interpretive plan for the Heritage Area; andCommentsClose CommentsPermalink
(D) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area.CommentsClose CommentsPermalink
(3) DEADLINE- If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan.CommentsClose CommentsPermalink
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;CommentsClose CommentsPermalink
(ii) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; andCommentsClose CommentsPermalink
(iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area.CommentsClose CommentsPermalink
(C) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) advise the management entity in writing of the reasons for the disapproval;CommentsClose CommentsPermalink
(ii) make recommendations for revisions to the management plan; andCommentsClose CommentsPermalink
(iii) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.CommentsClose CommentsPermalink
(D) AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.CommentsClose CommentsPermalink
(ii) USE OF FUNDS- The management entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.CommentsClose CommentsPermalink
(e) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) 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
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(f) Private Property and Regulatory Protections- Nothing in this section--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 Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity;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 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
(g) Evaluation; Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall--CommentsClose CommentsPermalink
(A) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(B) prepare a report in accordance with paragraph (3).CommentsClose CommentsPermalink
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall--CommentsClose CommentsPermalink
(A) assess the progress of the management entity with respect to--CommentsClose CommentsPermalink
(i) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(3) REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(i) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 822. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term ‘Heritage Area’ means the Cache La Poudre River National Heritage Area established by subsection (b)(1).CommentsClose CommentsPermalink
(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the Poudre Heritage Alliance, the local coordinating entity for the Heritage Area designated by subsection (b)(4).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area required under subsection (d)(1).CommentsClose CommentsPermalink
(4) MAP- The term ‘map’ means the map entitled ‘Cache La Poudre River National Heritage Area’, numbered 960/80,003, and dated April, 2004.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(6) STATE- The term ‘State’ means the State of Colorado.CommentsClose CommentsPermalink
(b) Cache La Poudre River National Heritage Area-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established in the State the Cache La Poudre River National Heritage Area.CommentsClose CommentsPermalink
(2) BOUNDARIES- The Heritage Area shall consist of the area depicted on the map.CommentsClose CommentsPermalink
(3) MAP- The map shall be on file and available for public inspection in the appropriate offices of--CommentsClose CommentsPermalink
(A) the National Park Service; andCommentsClose CommentsPermalink
(B) the local coordinating entity.CommentsClose CommentsPermalink
(4) LOCAL COORDINATING ENTITY- The local coordinating entity for the Heritage Area shall be the Poudre Heritage Alliance, a nonprofit organization incorporated in the State.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) AUTHORITIES- To carry out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section--CommentsClose CommentsPermalink
(A) to make grants to the State (including any political subdivision of the State), nonprofit organizations, and other individuals;CommentsClose CommentsPermalink
(B) to enter into cooperative agreements with, or provide technical assistance to, the State (including any political subdivision of the State), nonprofit organizations, and other interested parties;CommentsClose CommentsPermalink
(C) to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resource protection, and heritage programming;CommentsClose CommentsPermalink
(D) to obtain funds or services from any source, including funds or services that are provided under any other Federal law or program;CommentsClose CommentsPermalink
(E) to enter into contracts for goods or services; andCommentsClose CommentsPermalink
(F) to serve as a catalyst for any other activity that--CommentsClose CommentsPermalink
(i) furthers the purposes and goals of the Heritage Area; andCommentsClose CommentsPermalink
(ii) is consistent with the approved management plan.CommentsClose CommentsPermalink
(2) DUTIES- The local coordinating entity shall--CommentsClose CommentsPermalink
(A) in accordance with subsection (d), prepare and submit to the Secretary a management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by--CommentsClose CommentsPermalink
(i) carrying out programs and projects that recognize, protect, and enhance important resource values located in the Heritage Area;CommentsClose CommentsPermalink
(ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area;CommentsClose CommentsPermalink
(iii) developing recreational and educational opportunities in the Heritage Area;CommentsClose CommentsPermalink
(iv) increasing public awareness of, and appreciation for, the natural, historical, scenic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;CommentsClose CommentsPermalink
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest, are posted throughout the Heritage Area; andCommentsClose CommentsPermalink
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area;CommentsClose CommentsPermalink
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;CommentsClose CommentsPermalink
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;CommentsClose CommentsPermalink
(E) for any year for which Federal funds have been received under this section--CommentsClose CommentsPermalink
(i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made);CommentsClose CommentsPermalink
(ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; andCommentsClose CommentsPermalink
(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; andCommentsClose CommentsPermalink
(F) encourage by appropriate means economic viability that is consistent with the Heritage Area.CommentsClose CommentsPermalink
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The local coordinating entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan shall--CommentsClose CommentsPermalink
(A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(B) take into consideration State and local plans;CommentsClose CommentsPermalink
(C) include--CommentsClose CommentsPermalink
(i) an inventory of the resources located in the Heritage Area;CommentsClose CommentsPermalink
(ii) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area;CommentsClose CommentsPermalink
(iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) a program of implementation for the management plan by the local coordinating entity that includes a description of--CommentsClose CommentsPermalink
(I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; andCommentsClose CommentsPermalink
(II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation;CommentsClose CommentsPermalink
(v) the identification of sources of funding for carrying out the management plan;CommentsClose CommentsPermalink
(vi) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this section; andCommentsClose CommentsPermalink
(vii) an interpretive plan for the Heritage Area; andCommentsClose CommentsPermalink
(D) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area.CommentsClose CommentsPermalink
(3) DEADLINE- If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date on which the Secretary approves a management plan.CommentsClose CommentsPermalink
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;CommentsClose CommentsPermalink
(ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; andCommentsClose CommentsPermalink
(iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area.CommentsClose CommentsPermalink
(C) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) advise the local coordinating entity in writing of the reasons for the disapproval;CommentsClose CommentsPermalink
(ii) make recommendations for revisions to the management plan; andCommentsClose CommentsPermalink
(iii) not later than 180 days after the date of receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision.CommentsClose CommentsPermalink
(5) AMENDMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines would make a substantial change to the management plan.CommentsClose CommentsPermalink
(B) USE OF FUNDS- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.CommentsClose CommentsPermalink
(e) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law (including regulations).CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies, alters, or amends any law (including any regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(f) Private Property and Regulatory Protections- Nothing in this section--CommentsClose CommentsPermalink
(1) abridges the rights of any public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner--CommentsClose CommentsPermalink
(A) to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; orCommentsClose CommentsPermalink
(B) to modify public access or use of property of the property owner under any other Federal, State, 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, or local agency;CommentsClose CommentsPermalink
(4) conveys any land use or other regulatory authority to the local coordinating entity;CommentsClose CommentsPermalink
(5) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; orCommentsClose CommentsPermalink
(7) creates any liability, or affects any liability under any other law (including regulations), of any private property owner with respect to any individual injured on the private property.CommentsClose CommentsPermalink
(g) Evaluation; Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall--CommentsClose CommentsPermalink
(A) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(B) prepare a report in accordance with paragraph (3).CommentsClose CommentsPermalink
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall--CommentsClose CommentsPermalink
(A) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(i) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(C) review the management structure, partnership relationships, and funding of the Heritage Area to identify the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(3) REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(h) Funding-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(2) COST-SHARING REQUIREMENT- The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent.CommentsClose CommentsPermalink
(i) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(j) Conforming Amendment- The Cache La Poudre River Corridor Act (
SEC. 823. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) BOARD- The term ‘Board’ means the Board of Directors of the South Park National Heritage Area, comprised initially of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.CommentsClose CommentsPermalink
(2) HERITAGE AREA- The term ‘Heritage Area’ means the South Park National Heritage Area established by subsection (b)(1).CommentsClose CommentsPermalink
(3) MANAGEMENT ENTITY- The term ‘management entity’ means the management entity for the Heritage Area designated by subsection (b)(4)(A).CommentsClose CommentsPermalink
(4) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area required by subsection (d).CommentsClose CommentsPermalink
(5) MAP- The term ‘map’ means the map entitled ‘South Park National Heritage Area Map (Proposed)’, dated January 30, 2006.CommentsClose CommentsPermalink
(6) PARTNER- The term ‘partner’ means a Federal, State, or local governmental entity, organization, private industry, educational institution, or individual involved in the conservation, preservation, interpretation, development or promotion of heritage sites or resources of the Heritage Area.CommentsClose CommentsPermalink
(7) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(8) STATE- The term ‘State’ means the State of Colorado.CommentsClose CommentsPermalink
(9) TECHNICAL ASSISTANCE- The term ‘technical assistance’ means any guidance, advice, help, or aid, other than financial assistance, provided by the Secretary.CommentsClose CommentsPermalink
(b) South Park National Heritage Area-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established in the State the South Park National Heritage Area.CommentsClose CommentsPermalink
(2) BOUNDARIES- The Heritage Area shall consist of the areas included in the map.CommentsClose CommentsPermalink
(3) MAP- A map of the Heritage Area shall be--CommentsClose CommentsPermalink
(A) included in the management plan; andCommentsClose CommentsPermalink
(B) on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink
(4) MANAGEMENT ENTITY-CommentsClose CommentsPermalink
(A) IN GENERAL- The management entity for the Heritage Area shall be the Park County Tourism & Community Development Office, in conjunction with the South Park National Heritage Area Board of Directors.CommentsClose CommentsPermalink
(B) MEMBERSHIP REQUIREMENTS- Members of the Board shall include representatives from a broad cross-section of individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The management entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.CommentsClose CommentsPermalink
(2) AUTHORITIES- For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this section to--CommentsClose CommentsPermalink
(A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties;CommentsClose CommentsPermalink
(C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, fundraising, heritage facility planning and development, and heritage tourism programming;CommentsClose CommentsPermalink
(D) obtain funds or services from any source, including funds or services that are provided under any other Federal law or program;CommentsClose CommentsPermalink
(E) enter into contracts for goods or services; andCommentsClose CommentsPermalink
(F) to facilitate the conduct of other projects and activities that further the Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(3) DUTIES- The management entity shall--CommentsClose CommentsPermalink
(A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary;CommentsClose CommentsPermalink
(B) assist units of local government, local property owners and businesses, and nonprofit organizations in carrying out the approved management plan by--CommentsClose CommentsPermalink
(i) carrying out programs and projects that recognize, protect, enhance, and promote important resource values in the Heritage Area;CommentsClose CommentsPermalink
(ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area;CommentsClose CommentsPermalink
(iii) developing economic, recreational and educational opportunities in the Heritage Area;CommentsClose CommentsPermalink
(iv) increasing public awareness of, and appreciation for, historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;CommentsClose CommentsPermalink
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;CommentsClose CommentsPermalink
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area;CommentsClose CommentsPermalink
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; andCommentsClose CommentsPermalink
(viii) planning and developing new heritage attractions, products and services;CommentsClose CommentsPermalink
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;CommentsClose CommentsPermalink
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;CommentsClose CommentsPermalink
(E) for any year for which Federal funds have been received under this section--CommentsClose CommentsPermalink
(i) submit to the Secretary an annual report that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made);CommentsClose CommentsPermalink
(ii) make available to the Secretary for audit all records relating to the expenditure of the Federal funds and any matching funds; andCommentsClose CommentsPermalink
(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; andCommentsClose CommentsPermalink
(F) encourage by appropriate means economic viability that is consistent with the Heritage Area.CommentsClose CommentsPermalink
(4) COST-SHARING REQUIREMENT- The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent.CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the management entity, with public participation, shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan shall--CommentsClose CommentsPermalink
(A) incorporate an integrated and cooperative approach for the protection, enhancement, interpretation, development, and promotion of the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;CommentsClose CommentsPermalink
(B) take into consideration State and local plans;CommentsClose CommentsPermalink
(C) include--CommentsClose CommentsPermalink
(i) an inventory of--CommentsClose CommentsPermalink
(I) the resources located within the areas included in the map; andCommentsClose CommentsPermalink
(II) any other eligible and participating property within the areas included in the map that--CommentsClose CommentsPermalink
(aa) is related to the themes of the Heritage Area; andCommentsClose CommentsPermalink
(bb) should be preserved, restored, managed, maintained, developed, or promoted because of the significance of the property;CommentsClose CommentsPermalink
(ii) comprehensive policies, strategies, and recommendations for conservation, funding, management, development, and promotion of the Heritage Area;CommentsClose CommentsPermalink
(iii) a description of actions that governments, private organizations, and individuals have agreed to take to manage protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) a program of implementation for the management plan by the management entity that includes a description of--CommentsClose CommentsPermalink
(I) actions to facilitate ongoing and effective collaboration among partners to promote plans for resource protection, enhancement, interpretation, restoration, and construction; andCommentsClose CommentsPermalink
(II) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation;CommentsClose CommentsPermalink
(v) the identification of sources of funding for carrying out the management plan;CommentsClose CommentsPermalink
(vi) an analysis of and recommendations for means by which Federal, State, and local programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this section; andCommentsClose CommentsPermalink
(vii) an interpretive plan for the Heritage Area; andCommentsClose CommentsPermalink
(D) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area.CommentsClose CommentsPermalink
(3) DEADLINE- If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date on which the Secretary receives and approves the management plan.CommentsClose CommentsPermalink
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, local businesses and industries, community organizations, recreational organizations, and tourism organizations;CommentsClose CommentsPermalink
(ii) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; andCommentsClose CommentsPermalink
(iii) strategies contained in the management plan, if implemented, would adequately balance the voluntary protection, development, and interpretation of the natural, historical, cultural, scenic, recreational, and agricultural resources of the Heritage Area.CommentsClose CommentsPermalink
(C) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) advise the management entity in writing of the reasons for the disapproval;CommentsClose CommentsPermalink
(ii) make recommendations for revisions to the management plan; andCommentsClose CommentsPermalink
(iii) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.CommentsClose CommentsPermalink
(D) AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines makes a substantial change to the management plan.CommentsClose CommentsPermalink
(ii) USE OF FUNDS- The management entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.CommentsClose CommentsPermalink
(e) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) 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
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(f) Private Property and Regulatory Protections- Nothing in this section--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 Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity;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 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
(g) Evaluation; Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall--CommentsClose CommentsPermalink
(A) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(B) prepare a report in accordance with paragraph (3).CommentsClose CommentsPermalink
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall--CommentsClose CommentsPermalink
(A) assess the progress of the management entity with respect to--CommentsClose CommentsPermalink
(i) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(3) REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(i) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 824. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH DAKOTA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term ‘Heritage Area’ means the Northern Plains National Heritage Area established by subsection (b)(1).CommentsClose CommentsPermalink
(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the Northern Plains Heritage Foundation, the local coordinating entity for the Heritage Area designated by subsection (c)(1).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area required under subsection (d).CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(5) STATE- The term ‘State’ means the State of North Dakota.CommentsClose CommentsPermalink
(b) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established the Northern Plains National Heritage Area in the State of North Dakota.CommentsClose CommentsPermalink
(2) BOUNDARIES- The Heritage Area shall consist of--CommentsClose CommentsPermalink
(A) a core area of resources in Burleigh, McLean, Mercer, Morton, and Oliver Counties in the State; andCommentsClose CommentsPermalink
(B) any sites, buildings, and districts within the core area recommended by the management plan for inclusion in the Heritage Area.CommentsClose CommentsPermalink
(3) MAP- A map of the Heritage Area shall be--CommentsClose CommentsPermalink
(A) included in the management plan; andCommentsClose CommentsPermalink
(B) on file and available for public inspection in the appropriate offices of the local coordinating entity and the National Park Service.CommentsClose CommentsPermalink
(c) Local Coordinating Entity-CommentsClose CommentsPermalink
(1) IN GENERAL- The local coordinating entity for the Heritage Area shall be the Northern Plains Heritage Foundation, a nonprofit corporation established under the laws of the State.CommentsClose CommentsPermalink
(2) DUTIES- To further the purposes of the Heritage Area, the Northern Plains Heritage Foundation, as the local coordinating entity, shall--CommentsClose CommentsPermalink
(A) prepare a management plan for the Heritage Area, and submit the management plan to the Secretary, in accordance with this section;CommentsClose CommentsPermalink
(B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section, specifying--CommentsClose CommentsPermalink
(i) the specific performance goals and accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(ii) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(iii) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; andCommentsClose CommentsPermalink
(v) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(C) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds; andCommentsClose CommentsPermalink
(D) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(3) AUTHORITIES- For the purposes of preparing and implementing the approved management plan for the Heritage Area, the local coordinating entity may use Federal funds made available under this section to--CommentsClose CommentsPermalink
(A) make grants to political jurisdictions, nonprofit organizations, and other parties within the Heritage Area;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(C) hire and compensate staff, including individuals with expertise in--CommentsClose CommentsPermalink
(i) natural, historical, cultural, educational, scenic, and recreational resource conservation;CommentsClose CommentsPermalink
(ii) economic and community development; andCommentsClose CommentsPermalink
(iii) heritage planning;CommentsClose CommentsPermalink
(D) obtain funds or services from any source, including other Federal programs;CommentsClose CommentsPermalink
(E) contract for goods or services; andCommentsClose CommentsPermalink
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(4) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds authorized to be appropriated under this section to acquire any interest in real property.CommentsClose CommentsPermalink
(5) OTHER SOURCES- Nothing in this section precludes the local coordinating entity from using Federal funds from other sources for authorized purposes.CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan for the Heritage Area shall--CommentsClose CommentsPermalink
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;CommentsClose CommentsPermalink
(B) include a description of actions and commitments that Federal, State, tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;CommentsClose CommentsPermalink
(D) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the national importance and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;CommentsClose CommentsPermalink
(E) 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 Heritage Area;CommentsClose CommentsPermalink
(F) describe a program for implementation for the management plan, including--CommentsClose CommentsPermalink
(i) performance goals;CommentsClose CommentsPermalink
(ii) plans for resource protection, enhancement, interpretation, funding, management, and development; andCommentsClose CommentsPermalink
(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual;CommentsClose CommentsPermalink
(G) include an analysis of, and recommendations for, means by which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section; andCommentsClose CommentsPermalink
(H) include a business plan that--CommentsClose CommentsPermalink
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; andCommentsClose CommentsPermalink
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.CommentsClose CommentsPermalink
(3) DEADLINE-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years after the date on which funds are first made available to develop the management plan after designation of the Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.CommentsClose CommentsPermalink
(B) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with subparagraph (A), the local coordinating entity shall not qualify for any additional financial assistance under this section until such time as the management plan is submitted to and approved by the Secretary.CommentsClose CommentsPermalink
(4) APPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) REVIEW- Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for the Heritage Area on the basis of the criteria established under subparagraph (B).CommentsClose CommentsPermalink
(B) CRITERIA FOR APPROVAL- In determining whether to approve a management plan for the Heritage Area, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the local coordinating entity represents the diverse interests of the 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
(ii) 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
(iii) 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 Heritage Area;CommentsClose CommentsPermalink
(iv) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;CommentsClose CommentsPermalink
(v) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;CommentsClose CommentsPermalink
(vi) 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
(vii) 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
(C) DISAPPROVAL-CommentsClose CommentsPermalink
(i) 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
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(D) AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(E) AUTHORITIES- The Secretary may--CommentsClose CommentsPermalink
(i) provide technical assistance under this section for the development and implementation of the management plan; andCommentsClose CommentsPermalink
(ii) enter into cooperative agreements with interested parties to carry out this section.CommentsClose CommentsPermalink
(e) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) TECHNICAL AND FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide financial assistance and, on a reimbursable or nonreimbursable basis, technical assistance to the local coordinating entity to develop and implement the management plan.CommentsClose CommentsPermalink
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).CommentsClose CommentsPermalink
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in--CommentsClose CommentsPermalink
(i) conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; andCommentsClose CommentsPermalink
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(3) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.CommentsClose CommentsPermalink
(4) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies or alters any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(f) Private Property and Regulatory Protections- Nothing in this section--CommentsClose CommentsPermalink
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to--CommentsClose CommentsPermalink
(A) permit public access (including access by Federal, State, or local agencies) to the property of the property owner; orCommentsClose CommentsPermalink
(B) modify public access to, or use of, the property of the property owner under any other Federal, State, 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;CommentsClose CommentsPermalink
(4) conveys any land use or other regulatory authority to the local coordinating entity;CommentsClose CommentsPermalink
(5) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; orCommentsClose CommentsPermalink
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(g) Evaluation; Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall--CommentsClose CommentsPermalink
(A) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(B) prepare a report in accordance with paragraph (3).CommentsClose CommentsPermalink
(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall--CommentsClose CommentsPermalink
(A) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(i) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(ii) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(3) REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(h) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(2) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.CommentsClose CommentsPermalink
(B) FORM- The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
(i) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 825. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term ‘Heritage Area’ means the Baltimore National Heritage Area, established by subsection (b)(1).CommentsClose CommentsPermalink
(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the local coordinating entity for the Heritage Area designated by subsection (b)(4).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area required under subsection (c)(1)(A).CommentsClose CommentsPermalink
(4) MAP- The term ‘map’ means the map entitled ‘Baltimore National Heritage Area’, numbered T10/80,000, and dated October 2007.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(6) STATE- The term ‘State’ means the State of Maryland.CommentsClose CommentsPermalink
(b) Baltimore National Heritage Area-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established the Baltimore National Heritage Area in the State.CommentsClose CommentsPermalink
(2) BOUNDARIES- The Heritage Area shall be comprised of the following areas, as described on the map:CommentsClose CommentsPermalink
(A) The area encompassing the Baltimore City Heritage Area certified by the Maryland Heritage Areas Authority in October 2001 as part of the Baltimore City Heritage Area Management Action Plan.CommentsClose CommentsPermalink
(B) The Mount Auburn Cemetery.CommentsClose CommentsPermalink
(C) The Cylburn Arboretum.CommentsClose CommentsPermalink
(D) The Middle Branch of the Patapsco River and surrounding shoreline, including--CommentsClose CommentsPermalink
(i) the Cruise Maryland Terminal;CommentsClose CommentsPermalink
(ii) new marina construction;CommentsClose CommentsPermalink
(iii) the National Aquarium Aquatic Life Center;CommentsClose CommentsPermalink
(iv) the Westport Redevelopment;CommentsClose CommentsPermalink
(v) the Gwynns Falls Trail;CommentsClose CommentsPermalink
(vi) the Baltimore Rowing Club; andCommentsClose CommentsPermalink
(vii) the Masonville Cove Environmental Center.CommentsClose CommentsPermalink
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Baltimore Heritage Area Association.CommentsClose CommentsPermalink
(4) LOCAL COORDINATING ENTITY- The Baltimore Heritage Area Association shall be the local coordinating entity for the Heritage Area.CommentsClose CommentsPermalink
(c) Duties and Authorities of Local Coordinating Entity-CommentsClose CommentsPermalink
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall--CommentsClose CommentsPermalink
(A) prepare, and submit to the Secretary, in accordance with subsection (d), a management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by--CommentsClose CommentsPermalink
(i) carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area;CommentsClose CommentsPermalink
(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area;CommentsClose CommentsPermalink
(iii) developing recreational and educational opportunities in the Heritage Area;CommentsClose CommentsPermalink
(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area;CommentsClose CommentsPermalink
(vi) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; andCommentsClose CommentsPermalink
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area;CommentsClose CommentsPermalink
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;CommentsClose CommentsPermalink
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;CommentsClose CommentsPermalink
(E) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying--CommentsClose CommentsPermalink
(i) the accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(ii) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(iii) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; andCommentsClose CommentsPermalink
(v) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(F) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;CommentsClose CommentsPermalink
(G) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; andCommentsClose CommentsPermalink
(H) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to--CommentsClose CommentsPermalink
(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(C) hire and compensate staff;CommentsClose CommentsPermalink
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;CommentsClose CommentsPermalink
(E) contract for goods or services; andCommentsClose CommentsPermalink
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan for the Heritage Area shall--CommentsClose CommentsPermalink
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;CommentsClose CommentsPermalink
(B) take into consideration existing State, county, and local plans in the development and implementation of the management plan;CommentsClose CommentsPermalink
(C) include a description of actions and commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(D) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;CommentsClose CommentsPermalink
(E) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the region that should be protected, enhanced, managed, or developed;CommentsClose CommentsPermalink
(F) recommend policies and strategies for resource management including, the development of intergovernmental and interagency agreements to protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(G) describe a program for implementation of the management plan, including--CommentsClose CommentsPermalink
(i) performance goals;CommentsClose CommentsPermalink
(ii) plans for resource protection, enhancement, and interpretation; andCommentsClose CommentsPermalink
(iii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual;CommentsClose CommentsPermalink
(H) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section;CommentsClose CommentsPermalink
(I) include an interpretive plan for the Heritage Area; andCommentsClose CommentsPermalink
(J) include a business plan that--CommentsClose CommentsPermalink
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; andCommentsClose CommentsPermalink
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.CommentsClose CommentsPermalink
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.CommentsClose CommentsPermalink
(4) APPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan.CommentsClose CommentsPermalink
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;CommentsClose CommentsPermalink
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan;CommentsClose CommentsPermalink
(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans;CommentsClose CommentsPermalink
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; andCommentsClose CommentsPermalink
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.CommentsClose CommentsPermalink
(D) ACTION FOLLOWING DISAPPROVAL-CommentsClose CommentsPermalink
(i) 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
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(E) AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(e) Duties and Authorities of the Secretary-CommentsClose CommentsPermalink
(1) TECHNICAL AND FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.CommentsClose CommentsPermalink
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).CommentsClose CommentsPermalink
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in--CommentsClose CommentsPermalink
(i) conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; andCommentsClose CommentsPermalink
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(2) EVALUATION; REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall--CommentsClose CommentsPermalink
(i) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).CommentsClose CommentsPermalink
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall--CommentsClose CommentsPermalink
(i) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(I) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(C) REPORT-CommentsClose CommentsPermalink
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(I) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(II) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(f) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(g) Property Owners and Regulatory Protections- Nothing in this section--CommentsClose CommentsPermalink
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to--CommentsClose CommentsPermalink
(A) permit public access (including Federal, tribal, State, or local government access) to the property; orCommentsClose CommentsPermalink
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;CommentsClose CommentsPermalink
(4) conveys any land use or other regulatory authority to the local coordinating entity;CommentsClose CommentsPermalink
(5) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; orCommentsClose CommentsPermalink
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(h) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(2) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.CommentsClose CommentsPermalink
(B) FORM- The non-Federal contribution--CommentsClose CommentsPermalink
(i) shall be from non-Federal sources; andCommentsClose CommentsPermalink
(ii) may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
(i) Termination of Effectiveness- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 826. FREEDOM’S WAY NATIONAL HERITAGE AREA, MASSACHUSETTS AND NEW HAMPSHIRE.
(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink
(1) to foster a close working relationship between the Secretary and all levels of government, the private sector, and local communities in the States of Massachusetts and New Hampshire;CommentsClose CommentsPermalink
(2) to assist the entities described in paragraph (1) to preserve the special historic identity of the Heritage Area; andCommentsClose CommentsPermalink
(3) to manage, preserve, protect, and interpret the cultural, historic, and natural resources of the Heritage Area for the educational and inspirational benefit of future generations.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term ‘Heritage Area’ means the Freedom’s Way National Heritage Area established by subsection (c)(1).CommentsClose CommentsPermalink
(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the local coordinating entity for the Heritage Area designated by subsection (c)(4).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area required under subsection (d)(1)(A).CommentsClose CommentsPermalink
(4) MAP- The term ‘map’ means the map entitled ‘Freedom’s Way National Heritage Area’, numbered T04/80,000, and dated July 2007.CommentsClose CommentsPermalink
(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(c) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established the Freedom’s Way National Heritage Area in the States of Massachusetts and New Hampshire.CommentsClose CommentsPermalink
(2) BOUNDARIES-CommentsClose CommentsPermalink
(A) IN GENERAL- The boundaries of the Heritage Area shall be as generally depicted on the map.CommentsClose CommentsPermalink
(B) REVISION- The boundaries of the Heritage Area may be revised if the revision is--CommentsClose CommentsPermalink
(i) proposed in the management plan;CommentsClose CommentsPermalink
(ii) approved by the Secretary in accordance with subsection (e)(4); andCommentsClose CommentsPermalink
(iii) placed on file in accordance with paragraph (3).CommentsClose CommentsPermalink
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the local coordinating entity.CommentsClose CommentsPermalink
(4) LOCAL COORDINATING ENTITY- The Freedom’s Way Heritage Association, Inc., shall be the local coordinating entity for the Heritage Area.CommentsClose CommentsPermalink
(d) Duties and Authorities of Local Coordinating Entity-CommentsClose CommentsPermalink
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall--CommentsClose CommentsPermalink
(A) prepare, and submit to the Secretary, in accordance with subsection (e), a management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by--CommentsClose CommentsPermalink
(i) carrying out programs and projects that recognize and protect important resource values within the Heritage Area;CommentsClose CommentsPermalink
(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area;CommentsClose CommentsPermalink
(iii) developing recreational and educational opportunities in the Heritage Area;CommentsClose CommentsPermalink
(iv) increasing public awareness of, and appreciation for, natural, historic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(v) protecting and restoring historic buildings in the Heritage Area that are consistent with the themes of the Heritage Area; andCommentsClose CommentsPermalink
(vi) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area;CommentsClose CommentsPermalink
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;CommentsClose CommentsPermalink
(D) conduct meetings open to the public at least quarterly regarding the development and implementation of the management plan;CommentsClose CommentsPermalink
(E) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying--CommentsClose CommentsPermalink
(i) the accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(ii) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(iii) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; andCommentsClose CommentsPermalink
(v) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(F) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;CommentsClose CommentsPermalink
(G) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; andCommentsClose CommentsPermalink
(H) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to--CommentsClose CommentsPermalink
(A) make grants to the States of Massachusetts and New Hampshire, political subdivisions of the States, nonprofit organizations, and other persons;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with, or provide technical assistance to, the States of Massachusetts and New Hampshire, political subdivisions of the States, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(C) hire and compensate staff;CommentsClose CommentsPermalink
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;CommentsClose CommentsPermalink
(E) contract for goods or services; andCommentsClose CommentsPermalink
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.CommentsClose CommentsPermalink
(4) USE OF FUNDS FOR NON-FEDERAL PROPERTY- The local coordinating entity may use Federal funds made available under this section to assist non-Federal property that is--CommentsClose CommentsPermalink
(A) described in the management plan; orCommentsClose CommentsPermalink
(B) listed, or eligible for listing, on the National Register of Historic Places.CommentsClose CommentsPermalink
(e) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan for the Heritage Area shall--CommentsClose CommentsPermalink
(A) describe comprehensive policies, goals, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area;CommentsClose CommentsPermalink
(B) take into consideration existing State, county, and local plans in the development and implementation of the management plan;CommentsClose CommentsPermalink
(C) provide a framework for coordination of the plans considered under subparagraph (B) to present a unified historic preservation and interpretation plan;CommentsClose CommentsPermalink
(D) contain the contributions of residents, public agencies, and private organizations within the Heritage Area;CommentsClose CommentsPermalink
(E) include a description of actions and commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(F) specify existing and potential sources of funding or economic development strategies to conserve, manage, and develop the Heritage Area;CommentsClose CommentsPermalink
(G) include an inventory of the natural, historic, and recreational resources of the Heritage Area, including a list of properties that--CommentsClose CommentsPermalink
(i) are related to the themes of the Heritage Area; andCommentsClose CommentsPermalink
(ii) should be conserved, restored, managed, developed, or maintained;CommentsClose CommentsPermalink
(H) recommend policies and strategies for resource management that--CommentsClose CommentsPermalink
(i) apply appropriate land and water management techniques;CommentsClose CommentsPermalink
(ii) include the development of intergovernmental and interagency agreements to protect the natural, historic, and cultural resources of the Heritage Area; andCommentsClose CommentsPermalink
(iii) support economic revitalization efforts;CommentsClose CommentsPermalink
(I) describe a program for implementation of the management plan, including--CommentsClose CommentsPermalink
(i) restoration and construction plans or goals;CommentsClose CommentsPermalink
(ii) a program of public involvement;CommentsClose CommentsPermalink
(iii) annual work plans; andCommentsClose CommentsPermalink
(iv) annual reports;CommentsClose CommentsPermalink
(J) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section;CommentsClose CommentsPermalink
(K) include an interpretive plan for the Heritage Area; andCommentsClose CommentsPermalink
(L) include a business plan that--CommentsClose CommentsPermalink
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; andCommentsClose CommentsPermalink
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.CommentsClose CommentsPermalink
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.CommentsClose CommentsPermalink
(4) APPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;CommentsClose CommentsPermalink
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan;CommentsClose CommentsPermalink
(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans;CommentsClose CommentsPermalink
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; andCommentsClose CommentsPermalink
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.CommentsClose CommentsPermalink
(C) ACTION FOLLOWING DISAPPROVAL-CommentsClose CommentsPermalink
(i) 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
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(D) AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(f) Duties and Authorities of the Secretary-CommentsClose CommentsPermalink
(1) TECHNICAL AND FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.CommentsClose CommentsPermalink
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).CommentsClose CommentsPermalink
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in--CommentsClose CommentsPermalink
(i) conserving the significant natural, historic, and cultural resources of the Heritage Area; andCommentsClose CommentsPermalink
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(2) EVALUATION; REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (j), the Secretary shall--CommentsClose CommentsPermalink
(i) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).CommentsClose CommentsPermalink
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall--CommentsClose CommentsPermalink
(i) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(I) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(C) REPORT-CommentsClose CommentsPermalink
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(I) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(II) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(g) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(h) Property Owners and Regulatory Protections- Nothing in this section--CommentsClose CommentsPermalink
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to--CommentsClose CommentsPermalink
(A) permit public access (including Federal, tribal, State, or local government access) to the property; orCommentsClose CommentsPermalink
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;CommentsClose CommentsPermalink
(4) conveys any land use or other regulatory authority to the local coordinating entity;CommentsClose CommentsPermalink
(5) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(6) diminishes the authority of the States of Massachusetts and New Hampshire to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; orCommentsClose CommentsPermalink
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(i) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(2) AVAILABILITY- Funds made available under paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink
(3) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.CommentsClose CommentsPermalink
(B) FORM- The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
(j) Termination of Financial Assistance- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 827. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term ‘Heritage Area’ means the Mississippi Hills National Heritage Area established by subsection (b)(1).CommentsClose CommentsPermalink
(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the local coordinating entity for Heritage Area designated by subsection (b)(3)(A).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area required under subsection (c)(1)(A).CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(5) STATE- The term ‘State’ means the State of Mississippi.CommentsClose CommentsPermalink
(b) Mississippi Hills National Heritage Area-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established the Mississippi Hills National Heritage Area in the State.CommentsClose CommentsPermalink
(2) BOUNDARIES-CommentsClose CommentsPermalink
(A) AFFECTED COUNTIES- The Heritage Area shall consist of all, or portions of, as specified by the boundary description in subparagraph (B), Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha Counties in the State.CommentsClose CommentsPermalink
(B) BOUNDARY DESCRIPTION- The Heritage Area shall have the following boundary description:CommentsClose CommentsPermalink
(i) traveling counterclockwise, the Heritage Area shall be bounded to the west by U.S. Highway 51 from the Tennessee State line until it intersects Interstate 55 (at Geeslin Corner approximately 1/2 mile due north of Highway Interchange 208);CommentsClose CommentsPermalink
(ii) from this point, Interstate 55 shall be the western boundary until it intersects with Mississippi Highway 12 at Highway Interchange 156, the intersection of which shall be the southwest terminus of the Heritage Area;CommentsClose CommentsPermalink
(iii) from the southwest terminus, the boundary shall--CommentsClose CommentsPermalink
(I) extend east along Mississippi Highway 12 until it intersects U.S. Highway 51;CommentsClose CommentsPermalink
(II) follow Highway 51 south until it is intersected again by Highway 12;CommentsClose CommentsPermalink
(III) extend along Highway 12 into downtown Kosciusko where it intersects Mississippi Highway 35;CommentsClose CommentsPermalink
(IV) follow Highway 35 south until it is intersected by Mississippi Highway 14; andCommentsClose CommentsPermalink
(V) extend along Highway 14 until it reaches the Alabama State line, the intersection of which shall be the southeast terminus of the Heritage Area;CommentsClose CommentsPermalink
(iv) from the southeast terminus, the boundary of the Heritage Area shall follow the Mississippi-Alabama State line until it reaches the Mississippi-Tennessee State line, the intersection of which shall be the northeast terminus of the Heritage Area; andCommentsClose CommentsPermalink
(v) the boundary shall extend due west until it reaches U.S. Highway 51, the intersection of which shall be the northwest terminus of the Heritage Area.CommentsClose CommentsPermalink
(3) LOCAL COORDINATING ENTITY-CommentsClose CommentsPermalink
(A) IN GENERAL- The local coordinating entity for the Heritage Area shall be the Mississippi Hills Heritage Area Alliance, a nonprofit organization registered by the State, with the cooperation and support of the University of Mississippi.CommentsClose CommentsPermalink
(B) BOARD OF DIRECTORS-CommentsClose CommentsPermalink
(i) IN GENERAL- The local coordinating entity shall be governed by a Board of Directors comprised of not more than 30 members.CommentsClose CommentsPermalink
(ii) COMPOSITION- Members of the Board of Directors shall consist of--CommentsClose CommentsPermalink
(I) not more than 1 representative from each of the counties described in paragraph (2)(A); andCommentsClose CommentsPermalink
(II) any ex-officio members that may be appointed by the Board of Directors, as the Board of Directors determines to be necessary.CommentsClose CommentsPermalink
(c) Duties and Authorities of Local Coordinating Entity-CommentsClose CommentsPermalink
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall--CommentsClose CommentsPermalink
(A) prepare, and submit to the Secretary, in accordance with subsection (d), a management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by--CommentsClose CommentsPermalink
(i) establishing and maintaining interpretive exhibits and programs within the Heritage Area;CommentsClose CommentsPermalink
(ii) developing recreational opportunities in the Heritage Area;CommentsClose CommentsPermalink
(iii) increasing public awareness of, and appreciation for, natural, historical, cultural, archaeological, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; andCommentsClose CommentsPermalink
(v) carrying out any other activity that the local coordinating entity determines to be consistent with this section;CommentsClose CommentsPermalink
(C) conduct meetings open to the public at least annually regarding the development and implementation of the management plan;CommentsClose CommentsPermalink
(D) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying--CommentsClose CommentsPermalink
(i) the accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(ii) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(iii) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; andCommentsClose CommentsPermalink
(v) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(E) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;CommentsClose CommentsPermalink
(F) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; andCommentsClose CommentsPermalink
(G) ensure that each county included in the Heritage Area is appropriately represented on any oversight advisory committee established under this section to coordinate the Heritage Area.CommentsClose CommentsPermalink
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to--CommentsClose CommentsPermalink
(A) make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other persons;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, and other organizations;CommentsClose CommentsPermalink
(C) hire and compensate staff;CommentsClose CommentsPermalink
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program; andCommentsClose CommentsPermalink
(E) contract for goods or services.CommentsClose CommentsPermalink
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan for the Heritage Area shall--CommentsClose CommentsPermalink
(A) provide recommendations for the preservation, conservation, enhancement, funding, management, interpretation, development, and promotion of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(B) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;CommentsClose CommentsPermalink
(C) include--CommentsClose CommentsPermalink
(i) an inventory of the natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; andCommentsClose CommentsPermalink
(ii) an analysis of how Federal, State, tribal, and local programs may best be coordinated to promote and carry out this section;CommentsClose CommentsPermalink
(D) provide recommendations for educational and interpretive programs to provide information to the public on the resources of the Heritage Area; andCommentsClose CommentsPermalink
(E) involve residents of affected communities and tribal and local governments.CommentsClose CommentsPermalink
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.CommentsClose CommentsPermalink
(4) APPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan.CommentsClose CommentsPermalink
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;CommentsClose CommentsPermalink
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan;CommentsClose CommentsPermalink
(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the natural, historical, cultural, archaeological, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans;CommentsClose CommentsPermalink
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; andCommentsClose CommentsPermalink
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.CommentsClose CommentsPermalink
(D) ACTION FOLLOWING DISAPPROVAL-CommentsClose CommentsPermalink
(i) 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
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(E) REVIEW; AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- After approval by the Secretary of the management plan, the Alliance shall periodically--CommentsClose CommentsPermalink
(I) review the management plan; andCommentsClose CommentsPermalink
(II) submit to the Secretary, for review and approval by the Secretary, any recommendations for revisions to the management plan.CommentsClose CommentsPermalink
(ii) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(iii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(e) Duties and Authorities of the Secretary-CommentsClose CommentsPermalink
(1) TECHNICAL AND FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.CommentsClose CommentsPermalink
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).CommentsClose CommentsPermalink
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in--CommentsClose CommentsPermalink
(i) conserving the significant natural, historical, cultural, archaeological, and recreational resources of the Heritage Area; andCommentsClose CommentsPermalink
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(2) EVALUATION; REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall--CommentsClose CommentsPermalink
(i) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).CommentsClose CommentsPermalink
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall--CommentsClose CommentsPermalink
(i) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(I) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(C) REPORT-CommentsClose CommentsPermalink
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(I) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(II) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(f) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(g) Effect-CommentsClose CommentsPermalink
(1) PROPERTY OWNERS AND REGULATORY PROTECTIONS- Nothing in this section--CommentsClose CommentsPermalink
(A) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;CommentsClose CommentsPermalink
(B) requires any property owner to--CommentsClose CommentsPermalink
(i) permit public access (including Federal, tribal, State, or local government access) to the property; orCommentsClose CommentsPermalink
(ii) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;CommentsClose CommentsPermalink
(C) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;CommentsClose CommentsPermalink
(D) conveys any land use or other regulatory authority to the local coordinating entity;CommentsClose CommentsPermalink
(E) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(F) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; orCommentsClose CommentsPermalink
(G) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(2) NO EFFECT ON INDIAN TRIBES- Nothing in this section--CommentsClose CommentsPermalink
(A) restricts an Indian tribe from protecting cultural or religious sites on tribal land; orCommentsClose CommentsPermalink
(B) diminishes the trust responsibilities or government-to-government obligations of the United States to any Indian tribe recognized by the Federal Government.CommentsClose CommentsPermalink
(h) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(2) AVAILABILITY- Amounts made available under paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink
(3) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.CommentsClose CommentsPermalink
(B) FORM- The non-Federal contribution--CommentsClose CommentsPermalink
(i) shall be from non-Federal sources; andCommentsClose CommentsPermalink
(ii) may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
(i) Termination of Financial Assistance- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 828. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) BOARD- The term ‘Board’ means the Board of Directors of the local coordinating entity.CommentsClose CommentsPermalink
(2) HERITAGE AREA- The term ‘Heritage Area’ means the Mississippi Delta National Heritage Area established by subsection (b)(1).CommentsClose CommentsPermalink
(3) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the local coordinating entity for the Heritage Area designated by subsection (b)(4)(A).CommentsClose CommentsPermalink
(4) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the Heritage Area developed under subsection (d).CommentsClose CommentsPermalink
(5) MAP- The term ‘map’ means the map entitled ‘Mississippi Delta National Heritage Area’, numbered T13/80,000, and dated April 2008.CommentsClose CommentsPermalink
(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(7) STATE- The term ‘State’ means the State of Mississippi.CommentsClose CommentsPermalink
(b) Establishment-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established in the State the Mississippi Delta National Heritage Area.CommentsClose CommentsPermalink
(2) BOUNDARIES- The Heritage Area shall include all counties in the State that contain land located in the alluvial floodplain of the Mississippi Delta, including Bolivar, Carroll, Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore, Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tate, Tunica, Warren, Washington, and Yazoo Counties in the State, as depicted on the map.CommentsClose CommentsPermalink
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the office of the Director of the National Park Service.CommentsClose CommentsPermalink
(4) LOCAL COORDINATING ENTITY-CommentsClose CommentsPermalink
(A) DESIGNATION- The Mississippi Delta National Heritage Area Partnership shall be the local coordinating entity for the Heritage Area.CommentsClose CommentsPermalink
(B) BOARD OF DIRECTORS-CommentsClose CommentsPermalink
(i) COMPOSITION-CommentsClose CommentsPermalink
(I) IN GENERAL- The local coordinating entity shall be governed by a Board of Directors composed of 15 members, of whom--CommentsClose CommentsPermalink
(aa) 1 member shall be appointed by Delta State University;CommentsClose CommentsPermalink
(bb) 1 member shall be appointed by Mississippi Valley State University;CommentsClose CommentsPermalink
(cc) 1 member shall be appointed by Alcorn State University;CommentsClose CommentsPermalink
(dd) 1 member shall be appointed by the Delta Foundation;CommentsClose CommentsPermalink
(ee) 1 member shall be appointed by the Smith Robertson Museum;CommentsClose CommentsPermalink
(ff) 1 member shall be appointed from the office of the Governor of the State;CommentsClose CommentsPermalink
(gg) 1 member shall be appointed by Delta Council;CommentsClose CommentsPermalink
(hh) 1 member shall be appointed from the Mississippi Arts Commission;CommentsClose CommentsPermalink
(ii) 1 member shall be appointed from the Mississippi Department of Archives and History;CommentsClose CommentsPermalink
(jj) 1 member shall be appointed from the Mississippi Humanities Council; andCommentsClose CommentsPermalink
(kk) up to 5 additional members shall be appointed for staggered 1- and 2-year terms by County boards in the Heritage Area.CommentsClose CommentsPermalink
(II) RESIDENCY REQUIREMENTS- At least 7 members of the Board shall reside in the Heritage Area.CommentsClose CommentsPermalink
(ii) OFFICERS-CommentsClose CommentsPermalink
(I) IN GENERAL- At the initial meeting of the Board, the members of the Board shall appoint a Chairperson, Vice Chairperson, and Secretary/Treasurer.CommentsClose CommentsPermalink
(II) DUTIES-CommentsClose CommentsPermalink
(aa) CHAIRPERSON- The duties of the Chairperson shall include--CommentsClose CommentsPermalink
(AA) presiding over meetings of the Board;CommentsClose CommentsPermalink
(BB) executing documents of the Board; andCommentsClose CommentsPermalink
(CC) coordinating activities of the Heritage Area with Federal, State, local, and nongovernmental officials.CommentsClose CommentsPermalink
(bb) VICE CHAIRPERSON- The Vice Chairperson shall act as Chairperson in the absence or disability of the Chairperson.CommentsClose CommentsPermalink
(iii) MANAGEMENT AUTHORITY-CommentsClose CommentsPermalink
(I) IN GENERAL- The Board shall--CommentsClose CommentsPermalink
(aa) exercise all corporate powers of the local coordinating entity;CommentsClose CommentsPermalink
(bb) manage the activities and affairs of the local coordinating entity; andCommentsClose CommentsPermalink
(cc) subject to any limitations in the articles and bylaws of the local coordinating entity, this section, and any other applicable Federal or State law, establish the policies of the local coordinating entity.CommentsClose CommentsPermalink
(II) STAFF- The Board shall have the authority to employ any services and staff that are determined to be necessary by a majority vote of the Board.CommentsClose CommentsPermalink
(iv) BYLAWS-CommentsClose CommentsPermalink
(I) IN GENERAL- The Board may amend or repeal the bylaws of the local coordinating entity at any meeting of the Board by a majority vote of the Board.CommentsClose CommentsPermalink
(II) NOTICE- The Board shall provide notice of any meeting of the Board at which an amendment to the bylaws is to be considered that includes the text or a summary of the proposed amendment.CommentsClose CommentsPermalink
(v) MINUTES- Not later than 60 days after a meeting of the Board, the Board shall distribute the minutes of the meeting among all Board members and the county supervisors in each county within the Heritage Area.CommentsClose CommentsPermalink
(c) Duties and Authorities of Local Coordinating Entity-CommentsClose CommentsPermalink
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall--CommentsClose CommentsPermalink
(A) prepare, and submit to the Secretary, in accordance with subsection (d), a management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by--CommentsClose CommentsPermalink
(i) carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area;CommentsClose CommentsPermalink
(ii) establishing and maintaining interpretive exhibits and programs within the Heritage Area;CommentsClose CommentsPermalink
(iii) developing recreational and educational opportunities in the Heritage Area;CommentsClose CommentsPermalink
(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Heritage Area;CommentsClose CommentsPermalink
(v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area;CommentsClose CommentsPermalink
(vi) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; andCommentsClose CommentsPermalink
(vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area;CommentsClose CommentsPermalink
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;CommentsClose CommentsPermalink
(D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;CommentsClose CommentsPermalink
(E) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying--CommentsClose CommentsPermalink
(i) the accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(ii) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(iii) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; andCommentsClose CommentsPermalink
(v) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(F) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;CommentsClose CommentsPermalink
(G) require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; andCommentsClose CommentsPermalink
(H) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to--CommentsClose CommentsPermalink
(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(C) hire and compensate staff;CommentsClose CommentsPermalink
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;CommentsClose CommentsPermalink
(E) contract for goods or services; andCommentsClose CommentsPermalink
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan for the Heritage Area shall--CommentsClose CommentsPermalink
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;CommentsClose CommentsPermalink
(B) take into consideration existing State, county, and local plans in the development and implementation of the management plan;CommentsClose CommentsPermalink
(C) include a description of actions and commitments that governments, private organizations, and citizens plan to take to protect, enhance, and interpret the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(D) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;CommentsClose CommentsPermalink
(E) include an inventory of the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area relating to the stories and themes of the region that should be protected, enhanced, managed, or developed;CommentsClose CommentsPermalink
(F) recommend policies and strategies for resource management including, the development of intergovernmental and interagency agreements to protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(G) describe a program for implementation of the management plan, including--CommentsClose CommentsPermalink
(i) performance goals;CommentsClose CommentsPermalink
(ii) plans for resource protection, enhancement, and interpretation; andCommentsClose CommentsPermalink
(iii) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual;CommentsClose CommentsPermalink
(H) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section;CommentsClose CommentsPermalink
(I) include an interpretive plan for the Heritage Area; andCommentsClose CommentsPermalink
(J) include a business plan that--CommentsClose CommentsPermalink
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; andCommentsClose CommentsPermalink
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.CommentsClose CommentsPermalink
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.CommentsClose CommentsPermalink
(4) APPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan.CommentsClose CommentsPermalink
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;CommentsClose CommentsPermalink
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public meetings) in the preparation of the management plan;CommentsClose CommentsPermalink
(iii) the resource protection and interpretation strategies described in the management plan, if implemented, would adequately protect the cultural, historical, archaeological, natural, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable laws or land use plans;CommentsClose CommentsPermalink
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; andCommentsClose CommentsPermalink
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan.CommentsClose CommentsPermalink
(D) ACTION FOLLOWING DISAPPROVAL-CommentsClose CommentsPermalink
(i) 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
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(E) AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(e) Duties and Authorities of the Secretary-CommentsClose CommentsPermalink
(1) TECHNICAL AND FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.CommentsClose CommentsPermalink
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).CommentsClose CommentsPermalink
(C) PRIORITY- In assisting the Heritage Area, the Secretary shall give priority to actions that assist in--CommentsClose CommentsPermalink
(i) conserving the significant cultural, historical, archaeological, natural, and recreational resources of the Heritage Area; andCommentsClose CommentsPermalink
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(D) PROHIBITION OF CERTAIN REQUIREMENTS- The Secretary may not, as a condition of the provision of technical or financial assistance under this subsection, require any recipient of the assistance to impose or modify any land use restriction or zoning ordinance.CommentsClose CommentsPermalink
(2) EVALUATION; REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall--CommentsClose CommentsPermalink
(i) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).CommentsClose CommentsPermalink
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall--CommentsClose CommentsPermalink
(i) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(I) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(C) REPORT-CommentsClose CommentsPermalink
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(I) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(II) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(f) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(g) Property Owners and Regulatory Protections- Nothing in this section--CommentsClose CommentsPermalink
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to--CommentsClose CommentsPermalink
(A) permit public access (including Federal, tribal, State, or local government access) to the property; orCommentsClose CommentsPermalink
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;CommentsClose CommentsPermalink
(4) conveys any land use or other regulatory authority to the local coordinating entity;CommentsClose CommentsPermalink
(5) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area;CommentsClose CommentsPermalink
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property;CommentsClose CommentsPermalink
(8) restricts an Indian tribe from protecting cultural or religious sites on tribal land; orCommentsClose CommentsPermalink
(9) diminishes the trust responsibilities of government-to-government obligations of the United States of any federally recognized Indian tribe.CommentsClose CommentsPermalink
(h) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(2) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.CommentsClose CommentsPermalink
(B) FORM- The non-Federal contribution--CommentsClose CommentsPermalink
(i) shall be from non-Federal sources; andCommentsClose CommentsPermalink
(ii) may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
(i) Termination of Financial Assistance- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 829. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.
(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink
(1) to preserve, support, conserve, and interpret the legacy of the region represented by the Heritage Area as described in the feasibility study prepared by the National Park Service;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 developments in the growth of the United States, including the Native American, Colonial American, European American, and African American heritage;CommentsClose CommentsPermalink
(4) to recognize and interpret the manner by which the distinctive geography of the region has shaped the development of the settlement, defense, transportation, commerce, and culture 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 to identify, preserve, interpret, and develop 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
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term ‘Heritage Area’ means the Muscle Shoals National Heritage Area established by subsection (c)(1).CommentsClose CommentsPermalink
(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the Muscle Shoals Regional Center, the local coordinating entity for the Heritage Area designated by subsection (c)(4).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term ‘management plan’ means the plan for the Heritage Area required under subsection (d)(1)(A).CommentsClose CommentsPermalink
(4) MAP- The term ‘map’ means the map entitled ‘Muscle Shoals National Heritage Area’, numbered T08/80,000, and dated October 2007.CommentsClose CommentsPermalink
(5) STATE- The term ‘State’ means the State of Alabama.CommentsClose CommentsPermalink
(c) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established the Muscle Shoals National Heritage Area in the State.CommentsClose CommentsPermalink
(2) BOUNDARIES- The Heritage Area shall be comprised of the following areas, as depicted on the map:CommentsClose CommentsPermalink
(A) The Counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan, Alabama.CommentsClose CommentsPermalink
(B) The Wilson Dam.CommentsClose CommentsPermalink
(C) The Handy Home.CommentsClose CommentsPermalink
(D) The birthplace of Helen Keller.CommentsClose CommentsPermalink
(3) AVAILABILITY MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the local coordinating entity.CommentsClose CommentsPermalink
(4) LOCAL COORDINATING ENTITY- The Muscle Shoals Regional Center shall be the local coordinating entity for the Heritage Area.CommentsClose CommentsPermalink
(d) Duties and Authorities of Local Coordinating Entity-CommentsClose CommentsPermalink
(1) DUTIES OF THE LOCAL COORDINATING ENTITY- To further the purposes of the Heritage Area, the local coordinating entity shall--CommentsClose CommentsPermalink
(A) prepare, and submit to the Secretary, in accordance with subsection (e), a management plan for the Heritage Area;CommentsClose CommentsPermalink
(B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section specifying--CommentsClose CommentsPermalink
(i) the accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(ii) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(iii) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; andCommentsClose CommentsPermalink
(v) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(C) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds;CommentsClose CommentsPermalink
(D) encourage, by appropriate means, economic development that is consistent with the purposes of the Heritage Area; andCommentsClose CommentsPermalink
(E) serve as a catalyst for the implementation of projects and programs among diverse partners in the Heritage Area.CommentsClose CommentsPermalink
(2) AUTHORITIES- The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this section to--CommentsClose CommentsPermalink
(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(C) hire and compensate staff, including individuals with expertise in--CommentsClose CommentsPermalink
(i) natural, historical, cultural, educational, scenic, and recreational resource conservation;CommentsClose CommentsPermalink
(ii) economic and community development; andCommentsClose CommentsPermalink
(iii) heritage planning;CommentsClose CommentsPermalink
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;CommentsClose CommentsPermalink
(E) contract for goods or services; andCommentsClose CommentsPermalink
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.CommentsClose CommentsPermalink
(e) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan for the Heritage Area shall--CommentsClose CommentsPermalink
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;CommentsClose CommentsPermalink
(B) include a description of actions and commitments that Federal, State, tribal, and local governments, private organizations, and citizens plan to take to protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;CommentsClose CommentsPermalink
(D) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, or developed;CommentsClose CommentsPermalink
(E) 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, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(F) describe a program for implementation of the management plan, including--CommentsClose CommentsPermalink
(i) performance goals;CommentsClose CommentsPermalink
(ii) plans for resource protection, enhancement, interpretation, funding, management, and development; andCommentsClose CommentsPermalink
(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual;CommentsClose CommentsPermalink
(G) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section; andCommentsClose CommentsPermalink
(H) include a business plan that--CommentsClose CommentsPermalink
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; andCommentsClose CommentsPermalink
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.CommentsClose CommentsPermalink
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to develop the management plan, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.CommentsClose CommentsPermalink
(4) APPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State in which the Heritage Area is located before approving the management plan.CommentsClose CommentsPermalink
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, recreational organizations, and private property owners;CommentsClose CommentsPermalink
(ii) 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 public meetings) 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
(iii) 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, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) the management plan would not adversely affect any activities authorized on Federal land under applicable laws or land use plans;CommentsClose CommentsPermalink
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan;CommentsClose CommentsPermalink
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan; andCommentsClose CommentsPermalink
(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, tribal, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan.CommentsClose CommentsPermalink
(D) DISAPPROVAL-CommentsClose CommentsPermalink
(i) 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
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(E) AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized by this section to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(F) AUTHORITIES- The Secretary may--CommentsClose CommentsPermalink
(i) provide technical assistance under the authority of this section for the development and implementation of the management plan; andCommentsClose CommentsPermalink
(ii) enter into cooperative agreements with interested parties to carry out this section.CommentsClose CommentsPermalink
(f) Duties and Authorities of the Secretary-CommentsClose CommentsPermalink
(1) TECHNICAL AND FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.CommentsClose CommentsPermalink
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).CommentsClose CommentsPermalink
(2) EVALUATION; REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (j), the Secretary shall--CommentsClose CommentsPermalink
(i) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).CommentsClose CommentsPermalink
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall--CommentsClose CommentsPermalink
(i) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(I) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(ii) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(C) REPORT-CommentsClose CommentsPermalink
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(I) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(II) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(g) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(h) Property Owners and Regulatory Protections- Nothing in this section--CommentsClose CommentsPermalink
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to--CommentsClose CommentsPermalink
(A) permit public access (including Federal, tribal, State, or local government access) to the property; orCommentsClose CommentsPermalink
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;CommentsClose CommentsPermalink
(4) conveys any land use or other regulatory authority to the local coordinating entity;CommentsClose CommentsPermalink
(5) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; orCommentsClose CommentsPermalink
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(i) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(2) AVAILABILITY- Funds made available under paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink
(3) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.CommentsClose CommentsPermalink
(B) FORM- The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
(4) USE OF FEDERAL FUNDS FROM OTHER SOURCES- Nothing in this section precludes the local coordinating entity from using Federal funds available under provisions of law other than this section for the purposes for which those funds were authorized.CommentsClose CommentsPermalink
(j) Termination of Effectiveness- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 830. SANTA CRUZ VALLEY NATIONAL HERITAGE AREA, ARIZONA.
(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink
(1) to establish the Santa Cruz Valley National Heritage Area in the State of Arizona;CommentsClose CommentsPermalink
(2) to implement the recommendations of--CommentsClose CommentsPermalink
(A) the ‘Alternative Concepts for Commemorating Spanish Colonization’ study completed by the National Park Service in 1991; andCommentsClose CommentsPermalink
(B) the ‘Feasibility Study for the Santa Cruz Valley National Heritage Area’ prepared by the Center for Desert Archaeology in July 2005;CommentsClose CommentsPermalink
(3) to provide a management framework--CommentsClose CommentsPermalink
(A) to foster a close working relationship with all levels of government, the private sector, and the local communities in the region; andCommentsClose CommentsPermalink
(B) to conserve the heritage of the region while continuing to pursue compatible economic opportunities;CommentsClose CommentsPermalink
(4) to assist communities, organizations, and citizens in the State in identifying, preserving, interpreting, and developing the historic, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; andCommentsClose CommentsPermalink
(5) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations in the Heritage Area.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) HERITAGE AREA- The term ‘Heritage Area’ means the Santa Cruz Valley National Heritage Area established by subsection (c)(1).CommentsClose CommentsPermalink
(2) LOCAL COORDINATING ENTITY- The term ‘local coordinating entity’ means the local coordinating entity for the Heritage Area designated by subsection (c)(4).CommentsClose CommentsPermalink
(3) MANAGEMENT PLAN- The term ‘management plan’ means the plan for the Heritage Area required under subsection (d)(1)(A).CommentsClose CommentsPermalink
(4) MAP- The term ‘map’ means the map entitled ‘Santa Cruz Valley National Heritage Area, Pima and Santa Cruz Counties, Arizona’, numbered T09/80,000, and dated November 13, 2007.CommentsClose CommentsPermalink
(5) STATE- The term ‘State’ means the State of Arizona.CommentsClose CommentsPermalink
(c) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established the Santa Cruz Valley National Heritage Area in the State.CommentsClose CommentsPermalink
(2) BOUNDARIES- The Heritage Area shall consist of portions of Santa Cruz and Pima Counties, Arizona, as depicted on the map.CommentsClose CommentsPermalink
(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of--CommentsClose CommentsPermalink
(A) the National Park Service; andCommentsClose CommentsPermalink
(B) the local coordinating entity.CommentsClose CommentsPermalink
(4) LOCAL COORDINATING ENTITY- The Santa Cruz Valley Heritage Alliance, Inc., shall be the local coordinating entity for the Heritage Area.CommentsClose CommentsPermalink
(d) Duties and Authorities of Local Coordinating Entity-CommentsClose CommentsPermalink
(1) DUTIES- To further the purposes of the Heritage Area, the local coordinating entity shall--CommentsClose CommentsPermalink
(A) prepare a management plan for the Heritage Area, and submit the management plan to the Secretary, in accordance with this section;CommentsClose CommentsPermalink
(B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section, specifying--CommentsClose CommentsPermalink
(i) the specific performance goals and accomplishments of the local coordinating entity;CommentsClose CommentsPermalink
(ii) the expenses and income of the local coordinating entity;CommentsClose CommentsPermalink
(iii) the amounts and sources of matching funds;CommentsClose CommentsPermalink
(iv) the amounts leveraged with Federal funds and sources of the leveraged funds; andCommentsClose CommentsPermalink
(v) grants made to any other entities during the fiscal year;CommentsClose CommentsPermalink
(C) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds; andCommentsClose CommentsPermalink
(D) encourage, by appropriate means, economic viability and sustainability that is consistent with the purposes of the Heritage Area.CommentsClose CommentsPermalink
(2) AUTHORITIES- For the purposes of preparing and implementing the approved management plan for the Heritage Area, the local coordinating entity may use Federal funds made available under this section to--CommentsClose CommentsPermalink
(A) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;CommentsClose CommentsPermalink
(B) enter into cooperative agreements with or provide technical assistance to political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;CommentsClose CommentsPermalink
(C) hire and compensate staff, including individuals with expertise in--CommentsClose CommentsPermalink
(i) natural, historical, cultural, educational, scenic, and recreational resource conservation;CommentsClose CommentsPermalink
(ii) economic and community development; andCommentsClose CommentsPermalink
(iii) heritage planning;CommentsClose CommentsPermalink
(D) obtain funds or services from any source, including funds and services provided under any other Federal law or program;CommentsClose CommentsPermalink
(E) contract for goods or services; andCommentsClose CommentsPermalink
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan.CommentsClose CommentsPermalink
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not use Federal funds received under this section to acquire any interest in real property.CommentsClose CommentsPermalink
(4) OTHER SOURCES- Nothing in this section precludes the local coordinating entity from using Federal funds from other sources for authorized purposes.CommentsClose CommentsPermalink
(e) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.CommentsClose CommentsPermalink
(2) REQUIREMENTS- The management plan for the Heritage Area shall--CommentsClose CommentsPermalink
(A) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area;CommentsClose CommentsPermalink
(B) include a description of actions and commitments that Federal, State, tribal, and local governments, private organizations, and citizens plan to take to protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area;CommentsClose CommentsPermalink
(D) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the region that should be protected, enhanced, interpreted, managed, funded, and developed;CommentsClose CommentsPermalink
(E) 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, historic, cultural, educational, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(F) describe a program for implementation of the management plan, including--CommentsClose CommentsPermalink
(i) performance goals;CommentsClose CommentsPermalink
(ii) plans for resource protection, enhancement, interpretation, funding, management, and development; andCommentsClose CommentsPermalink
(iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government, organization, business, or individual;CommentsClose CommentsPermalink
(G) include an analysis of, and recommendations for, means by which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this section; andCommentsClose CommentsPermalink
(H) include a business plan that--CommentsClose CommentsPermalink
(i) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; andCommentsClose CommentsPermalink
(ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area.CommentsClose CommentsPermalink
(3) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.CommentsClose CommentsPermalink
(4) APPROVAL OF MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan.CommentsClose CommentsPermalink
(B) CONSULTATION REQUIRED- The Secretary shall consult with the Governor of the State and any tribal government in which the Heritage Area is located before approving the management plan.CommentsClose CommentsPermalink
(C) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether--CommentsClose CommentsPermalink
(i) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, community residents, and recreational organizations;CommentsClose CommentsPermalink
(ii) 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 public meetings) 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
(iii) 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, scenic, and recreational resources of the Heritage Area;CommentsClose CommentsPermalink
(iv) the management plan would not adversely affect any activities authorized on Federal or tribal land under applicable public land laws or land use plans;CommentsClose CommentsPermalink
(v) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan;CommentsClose CommentsPermalink
(vi) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan; andCommentsClose CommentsPermalink
(vii) 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
(D) ACTION FOLLOWING DISAPPROVAL-CommentsClose CommentsPermalink
(i) 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
(ii) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.CommentsClose CommentsPermalink
(E) AMENDMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.CommentsClose CommentsPermalink
(ii) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this section to implement an amendment to the management plan until the Secretary approves the amendment.CommentsClose CommentsPermalink
(f) Duties and Authorities of the Secretary-CommentsClose CommentsPermalink
(1) TECHNICAL AND FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan.CommentsClose CommentsPermalink
(B) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide technical or financial assistance under subparagraph (A).CommentsClose CommentsPermalink
(2) EVALUATION; REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under subsection (j), the Secretary shall--CommentsClose CommentsPermalink
(i) conduct an evaluation of the accomplishments of the Heritage Area; andCommentsClose CommentsPermalink
(ii) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with subparagraph (C).CommentsClose CommentsPermalink
(B) EVALUATION- An evaluation conducted under subparagraph (A)(i) shall--CommentsClose CommentsPermalink
(i) assess the progress of the local coordinating entity with respect to--CommentsClose CommentsPermalink
(I) accomplishing the purposes of this section for the Heritage Area; andCommentsClose CommentsPermalink
(II) achieving the goals and objectives of the approved management plan for the Heritage Area;CommentsClose CommentsPermalink
(ii) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
(iii) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.CommentsClose CommentsPermalink
(C) REPORT-CommentsClose CommentsPermalink
(i) IN GENERAL- Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.CommentsClose CommentsPermalink
(ii) REQUIRED ANALYSIS- If the report prepared under this subparagraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
(I) ways in which Federal funding for the Heritage Area may be reduced or eliminated; andCommentsClose CommentsPermalink
(II) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
(iii) SUBMISSION TO CONGRESS- On completion of a report under this subparagraph, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(I) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(II) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(g) Relationship to Other Federal Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.CommentsClose CommentsPermalink
(2) CONSULTATION AND COORDINATION- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity.CommentsClose CommentsPermalink
(3) OTHER FEDERAL AGENCIES- Nothing in this section--CommentsClose CommentsPermalink
(A) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;CommentsClose CommentsPermalink
(B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; orCommentsClose CommentsPermalink
(C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.CommentsClose CommentsPermalink
(h) Property Owners and Regulatory Protections- Nothing in this section--CommentsClose CommentsPermalink
(1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;CommentsClose CommentsPermalink
(2) requires any property owner to--CommentsClose CommentsPermalink
(A) permit public access (including Federal, tribal, State, or local government access) to the property; orCommentsClose CommentsPermalink
(B) modify any provisions of Federal, tribal, State, or local law with regard to public access or use of private land;CommentsClose CommentsPermalink
(3) alters any duly adopted land use regulations, approved land use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government;CommentsClose CommentsPermalink
(4) conveys any land use or other regulatory authority to the local coordinating entity;CommentsClose CommentsPermalink
(5) authorizes or implies the reservation or appropriation of water or water rights;CommentsClose CommentsPermalink
(6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; orCommentsClose CommentsPermalink
(7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.CommentsClose CommentsPermalink
(i) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.CommentsClose CommentsPermalink
(2) AVAILABILITY- Amounts made available under paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink
(3) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent.CommentsClose CommentsPermalink
(B) FORM- The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.CommentsClose CommentsPermalink
(j) Termination of Authority- The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle C--StudiesCommentsClose CommentsPermalink
SEC. 841. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) CORRIDOR- The term ‘Corridor’ means the Chattahoochee Trace National Heritage Corridor.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.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 State historic preservation officers, State historical societies, State tourism offices, and other appropriate organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Chattahoochee Trace National Heritage Corridor.CommentsClose CommentsPermalink
(2) STUDY AREA- The study area includes--CommentsClose CommentsPermalink
(A) the portion of the Apalachicola-Chattahoochee-Flint River Basin and surrounding areas, as generally depicted on the map entitled ‘Chattahoochee Trace National Heritage Corridor, Alabama/Georgia’, numbered T05/80000, and dated July 2007; andCommentsClose CommentsPermalink
(B) any other areas in the State of Alabama or Georgia that--CommentsClose CommentsPermalink
(i) have heritage aspects that are similar to the areas depicted on the map described in subparagraph (A); andCommentsClose CommentsPermalink
(ii) are adjacent to, or in the vicinity of, those areas.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) represent distinctive aspects of the heritage of the United States;CommentsClose CommentsPermalink
(ii) are worthy of recognition, conservation, interpretation, and continuing use; andCommentsClose CommentsPermalink
(iii) 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 folklife 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 recreational and 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 Corridor;CommentsClose CommentsPermalink
(ii) have developed a conceptual financial plan that outlines the roles of all participants in the Corridor, including the Federal Government; andCommentsClose CommentsPermalink
(iii) have demonstrated support for the designation of the Corridor;CommentsClose CommentsPermalink
(F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Corridor 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 3rd fiscal year after the date on which funds are first made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes--CommentsClose CommentsPermalink
(1) the findings of the study; andCommentsClose CommentsPermalink
(2) any conclusions and recommendations of the Secretary.CommentsClose CommentsPermalink
SEC. 842. NORTHERN NECK, VIRGINIA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) PROPOSED HERITAGE AREA- The term ‘proposed Heritage Area’ means the proposed Northern Neck National Heritage Area.CommentsClose CommentsPermalink
(2) STATE- The term ‘State’ means the State of Virginia.CommentsClose CommentsPermalink
(3) STUDY AREA- The term ‘study area’ means the area that is comprised of--CommentsClose CommentsPermalink
(A) the area of land located between the Potomac and Rappahannock rivers of the eastern coastal region of the State;CommentsClose CommentsPermalink
(B) Westmoreland, Northumberland, Richmond, King George, and Lancaster Counties of the State; andCommentsClose CommentsPermalink
(C) any other area that--CommentsClose CommentsPermalink
(i) has heritage aspects that are similar to the heritage aspects of the areas described in subparagraph (A) or (B); andCommentsClose CommentsPermalink
(ii) is located adjacent to, or in the vicinity of, those areas.CommentsClose CommentsPermalink
(b) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with paragraphs (2) and (3), the Secretary, in consultation with appropriate State historic preservation officers, State historical societies, and other appropriate organizations, shall conduct a study to determine the suitability and feasibility of designating the study area as the Northern Neck National Heritage Area.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, historical, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States;CommentsClose CommentsPermalink
(B) represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use;CommentsClose CommentsPermalink
(C) is best managed as such an assemblage through partnerships among public and private entities at the local or regional level;CommentsClose CommentsPermalink
(D) reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States;CommentsClose CommentsPermalink
(E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features;CommentsClose CommentsPermalink
(F) provides outstanding recreational or educational opportunities;CommentsClose CommentsPermalink
(G) contains resources and has traditional uses that have national importance;CommentsClose CommentsPermalink
(H) includes residents, business interests, nonprofit organizations, and appropriate Federal agencies and State and local governments that are involved in the planning of, and have demonstrated significant support for, the designation and management of the proposed Heritage Area;CommentsClose CommentsPermalink
(I) has a proposed local coordinating entity that is responsible for preparing and implementing the management plan developed for the proposed Heritage Area;CommentsClose CommentsPermalink
(J) with respect to the designation of the study area, has the support of the proposed local coordinating entity and appropriate Federal agencies and State and local governments, each of which has documented the commitment of the entity to work in partnership with each other entity to protect, enhance, interpret, fund, manage, and develop the resources located in the study area;CommentsClose CommentsPermalink
(K) through the proposed local coordinating entity, has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the proposed Heritage Area;CommentsClose CommentsPermalink
(L) has a proposal that is consistent with continued economic activity within the area; andCommentsClose CommentsPermalink
(M) has a conceptual boundary map that is supported by the public and appropriate Federal agencies.CommentsClose CommentsPermalink
(3) ADDITIONAL CONSULTATION REQUIREMENT- In conducting the study under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink
(A) consult with the managers of any Federal land located within the study area; andCommentsClose CommentsPermalink
(B) before making any determination with respect to the designation of the study area, secure the concurrence of each manager with respect to each finding of the study.CommentsClose CommentsPermalink
(c) Determination-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the Governor of the State, shall review, comment on, and determine if the study area meets each requirement described in subsection (b)(2) for designation as a national heritage area.CommentsClose CommentsPermalink
(2) REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 3 fiscal years after the date on which funds are first made available to carry out the study, the Secretary shall submit a report describing the findings, conclusions, and recommendations of the study to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(B) REQUIREMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- The report shall contain--CommentsClose CommentsPermalink
(I) any comments that the Secretary has received from the Governor of the State relating to the designation of the study area as a national heritage area; andCommentsClose CommentsPermalink
(II) a finding as to whether the study area meets each requirement described in subsection (b)(2) for designation as a national heritage area.CommentsClose CommentsPermalink
(ii) DISAPPROVAL- If the Secretary determines that the study area does not meet any requirement described in subsection (b)(2) for designation as a national heritage area, the Secretary shall include in the report a description of each reason for the determination.CommentsClose CommentsPermalink
Subtitle D--Amendments Relating to National Heritage CorridorsCommentsClose CommentsPermalink
SEC. 851. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL HERITAGE CORRIDOR.
(a) Termination of Authority- Section 106(b) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (
(b) Evaluation; Report- Section 106 of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (
‘(c) Evaluation; Report-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Corridor, the Secretary shall--CommentsClose CommentsPermalink
‘(A) conduct an evaluation of the accomplishments of the Corridor; andCommentsClose CommentsPermalink
‘(B) prepare a report in accordance with paragraph (3).CommentsClose CommentsPermalink
‘(2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall--CommentsClose CommentsPermalink
‘(A) assess the progress of the management entity with respect to--CommentsClose CommentsPermalink
‘(i) accomplishing the purposes of this title for the Corridor; andCommentsClose CommentsPermalink
‘(ii) achieving the goals and objectives of the management plan for the Corridor;CommentsClose CommentsPermalink
‘(B) analyze the Federal, State, local, and private investments in the Corridor to determine the leverage and impact of the investments; andCommentsClose CommentsPermalink
‘(C) review the management structure, partnership relationships, and funding of the Corridor for purposes of identifying the critical components for sustainability of the Corridor.CommentsClose CommentsPermalink
‘(3) REPORT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Corridor.CommentsClose CommentsPermalink
‘(B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Corridor be reauthorized, the report shall include an analysis of--CommentsClose CommentsPermalink
‘(i) ways in which Federal funding for the Corridor may be reduced or eliminated; andCommentsClose CommentsPermalink
‘(ii) the appropriate time period necessary to achieve the recommended reduction or elimination.CommentsClose CommentsPermalink
‘(C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to--CommentsClose CommentsPermalink
‘(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
‘(ii) the Committee on Natural Resources of the House of Representatives.’.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- Section 109(a) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (
SEC. 852. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR.
The Delaware and Lehigh National Heritage Corridor Act of 1988 (
(1) in section 9--CommentsClose CommentsPermalink
(A) by striking ‘The Commission’ and inserting the following:CommentsClose CommentsPermalink
‘(a) In General- The Commission’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(b) Corporation as Local Coordinating Entity- Beginning on the date of enactment of the Omnibus Public Land Management Act of 2008, the Corporation shall be the local coordinating entity for the Corridor.CommentsClose CommentsPermalink
‘(c) Implementation of Management Plan- The Corporation shall assume the duties of the Commission for the implementation of the Plan.CommentsClose CommentsPermalink
‘(d) Use of Funds- The Corporation may use Federal funds made available under this Act--CommentsClose CommentsPermalink
‘(1) to make grants to, and enter into cooperative agreements with, the Federal Government, the Commonwealth, political subdivisions of the Commonwealth, nonprofit organizations, and individuals;CommentsClose CommentsPermalink
‘(2) to hire, train, and compensate staff; andCommentsClose CommentsPermalink
‘(3) to enter into contracts for goods and services.CommentsClose CommentsPermalink
‘(e) Restriction on Use of Funds- The Corporation may not use Federal funds made available under this Act to acquire land or an interest in land.’;CommentsClose CommentsPermalink
(2) in section 10--CommentsClose CommentsPermalink
(A) in the first sentence of subsection (c), by striking ‘shall assist the Commission’ and inserting ‘shall, on the request of the Corporation, assist’;CommentsClose CommentsPermalink
(B) in subsection (d)--CommentsClose CommentsPermalink
(i) by striking ‘Commission’ each place it appears and inserting ‘Corporation’;CommentsClose CommentsPermalink
(ii) by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the Corporation and other public or private entities for the purpose of providing technical assistance and grants under paragraph (1).CommentsClose CommentsPermalink
‘(3) PRIORITY- In providing assistance to the Corporation under paragraph (1), the Secretary shall give priority to activities that assist in--CommentsClose CommentsPermalink
‘(A) conserving the significant natural, historic, cultural, and scenic resources of the Corridor; andCommentsClose CommentsPermalink
‘(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Corridor.’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(e) Transition Memorandum of Understanding- The Secretary shall enter into a memorandum of understanding with the Corporation to ensure--CommentsClose CommentsPermalink
‘(1) appropriate transition of management of the Corridor from the Commission to the Corporation; andCommentsClose CommentsPermalink
‘(2) coordination regarding the implementation of the Plan.’;CommentsClose CommentsPermalink
(3) in section 11, in the matter preceding paragraph (1), by striking ‘directly affecting’;CommentsClose CommentsPermalink
(4) in section 12--CommentsClose CommentsPermalink
(A) in subsection (a), by striking ‘Commission’ each place it appears and inserting ‘Corporation’;CommentsClose CommentsPermalink
(B) in subsection (c)(1), by striking ‘2007’ and inserting ‘2012’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(d) Termination of Assistance- The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 5 years after the date of enactment of this subsection.’; andCommentsClose CommentsPermalink
(5) in section 14--CommentsClose CommentsPermalink
(A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; andCommentsClose CommentsPermalink
(B) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
‘(4) the term ‘Corporation’ means the Delaware & Lehigh National Heritage Corridor, Incorporated, an organization described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986;’.CommentsClose CommentsPermalink
SEC. 853. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
The Erie Canalway National Heritage Corridor Act (
(1) in section 804--CommentsClose CommentsPermalink
(A) in subsection (b)--CommentsClose CommentsPermalink
(i) in the matter preceding paragraph (1), by striking ‘27’ and inserting ‘at least 21 members, but not more than 27’;CommentsClose CommentsPermalink
(ii) in paragraph (2), by striking ‘Environment’ and inserting ‘Environmental’; andCommentsClose CommentsPermalink
(iii) in paragraph (3)--CommentsClose CommentsPermalink
(I) in the matter preceding subparagraph (A), by striking ‘19’;CommentsClose CommentsPermalink
(II) by striking subparagraph (A);CommentsClose CommentsPermalink
(III) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink
(IV) in subparagraph (B) (as redesignated by subclause (III)), by striking the second sentence; andCommentsClose CommentsPermalink
(V) by inserting after subparagraph (B) (as redesignated by subclause (III)) the following:CommentsClose CommentsPermalink
‘(C) The remaining members shall be--CommentsClose CommentsPermalink
‘(i) appointed by the Secretary, based on recommendations from each member of the House of Representatives, the district of which encompasses the Corridor; andCommentsClose CommentsPermalink
‘(ii) persons that are residents of, or employed within, the applicable congressional districts.’;CommentsClose CommentsPermalink
(B) in subsection (f), by striking ‘Fourteen members of the Commission’ and inserting ‘A majority of the serving Commissioners’;CommentsClose CommentsPermalink
(C) in subsection (g), by striking ‘14 of its members’ and inserting ‘a majority of the serving Commissioners’;CommentsClose CommentsPermalink
(D) in subsection (h), by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink
‘(4)(A) to appoint any staff that may be necessary to carry out the duties of the Commission, subject to the provisions of title 5, United States Code, relating to appointments in the competitive service; andCommentsClose CommentsPermalink
‘(B) to fix the compensation of the staff, in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates;’; andCommentsClose CommentsPermalink
(E) in subsection (j), by striking ‘10 years’ and inserting ‘15 years’;CommentsClose CommentsPermalink
(2) in section 807--CommentsClose CommentsPermalink
(A) in subsection (e), by striking ‘with regard to the preparation and approval of the Canalway Plan’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(f) Operational Assistance- Subject to the availability of appropriations, the Superintendent of Saratoga National Historical Park may, on request, provide to public and private organizations in the Corridor (including the Commission) any operational assistance that is appropriate to assist with the implementation of the Canalway Plan.’; andCommentsClose CommentsPermalink
(3) in section 810(a)(1), in the first sentence, by striking ‘any fiscal year’ and inserting ‘any fiscal year, to remain available until expended’.CommentsClose CommentsPermalink
SEC. 854. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR.
Section 3(b)(2) of
(1) by striking ‘shall be the the’ and inserting ‘shall be the’; andCommentsClose CommentsPermalink
(2) by striking ‘Directors from Massachusetts and Rhode Island;’ and inserting ‘Directors from Massachusetts and Rhode Island, ex officio, or their delegates;’.CommentsClose CommentsPermalink
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONSCommentsClose CommentsPermalink
Subtitle A--Feasibility StudiesCommentsClose CommentsPermalink
SEC. 901. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.
(a) In General- The Secretary of the Interior, acting through the Bureau of Reclamation, may conduct feasibility studies on projects that address water shortages within the Snake, Boise, and Payette River systems in the State of Idaho, and are considered appropriate for further study by the Bureau of Reclamation Boise Payette water storage assessment report issued during 2006.CommentsClose CommentsPermalink
(b) Bureau of Reclamation- A study conducted under this section shall comply with Bureau of Reclamation policy standards and guidelines for studies.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of the Interior to carry out this section $3,000,000.CommentsClose CommentsPermalink
(d) Termination of Effectiveness- The authority provided by this section terminates on the date that is 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 902. SIERRA VISTA SUBWATERSHED, ARIZONA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) APPRAISAL REPORT- The term ‘appraisal report’ means the appraisal report concerning the augmentation alternatives for the Sierra Vista Subwatershed in the State of Arizona, dated June 2007 and prepared by the Bureau of Reclamation.CommentsClose CommentsPermalink
(2) PRINCIPLES AND GUIDELINES- The term ‘principles and guidelines’ means the report entitled ‘Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies’ issued on March 10, 1983, by the Water Resources Council established under title I of the Water Resources Planning Act (
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Sierra Vista Subwatershed Feasibility Study-CommentsClose CommentsPermalink
(1) STUDY-CommentsClose CommentsPermalink
(A) IN GENERAL- In accordance with the reclamation laws and the principles and guidelines, the Secretary, acting through the Commissioner of Reclamation, may complete a feasibility study of alternatives to augment the water supplies within the Sierra Vista Subwatershed in the State of Arizona that are identified as appropriate for further study in the appraisal report.CommentsClose CommentsPermalink
(B) INCLUSIONS- In evaluating the feasibility of alternatives under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) include--CommentsClose CommentsPermalink
(I) any required environmental reviews;CommentsClose CommentsPermalink
(II) the construction costs and projected operations, maintenance, and replacement costs for each alternative; andCommentsClose CommentsPermalink
(III) the economic feasibility of each alternative;CommentsClose CommentsPermalink
(ii) take into consideration the ability of Federal, tribal, State, and local government sources and private sources to fund capital construction costs and annual operation, maintenance, energy, and replacement costs;CommentsClose CommentsPermalink
(iii) establish the basis for--CommentsClose CommentsPermalink
(I) any cost-sharing allocations; andCommentsClose CommentsPermalink
(II) anticipated repayment, if any, of Federal contributions; andCommentsClose CommentsPermalink
(iv) perform a cost-benefit analysis.CommentsClose CommentsPermalink
(2) COST SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total costs of the study under paragraph (1) shall not exceed 45 percent.CommentsClose CommentsPermalink
(B) FORM OF NON-FEDERAL SHARE- The non-Federal share required under subparagraph (A) may be in the form of any in-kind service that the Secretary determines would contribute substantially toward the conduct and completion of the study under paragraph (1).CommentsClose CommentsPermalink
(3) STATEMENT OF CONGRESSIONAL INTENT RELATING TO COMPLETION OF STUDY- It is the intent of Congress that the Secretary complete the study under paragraph (1) by a date that is not later than 30 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to carry out this subsection $1,260,000.CommentsClose CommentsPermalink
(c) Water Rights- Nothing in this section affects--CommentsClose CommentsPermalink
(1) any valid or vested water right in existence on the date of enactment of this Act; orCommentsClose CommentsPermalink
(2) any application for water rights pending before the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle B--Project AuthorizationsCommentsClose CommentsPermalink
SEC. 911. TUMALO IRRIGATION DISTRICT WATER CONSERVATION PROJECT, OREGON.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) DISTRICT- The term ‘District’ means the Tumalo Irrigation District, Oregon.CommentsClose CommentsPermalink
(2) PROJECT- The term ‘Project’ means the Tumalo Irrigation District Water Conservation Project authorized under subsection (b)(1).CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Authorization To Plan, Design and Construct the Tumalo Water Conservation Project-CommentsClose CommentsPermalink
(1) AUTHORIZATION- The Secretary, in cooperation with the District--CommentsClose CommentsPermalink
(A) may participate in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon; andCommentsClose CommentsPermalink
(B) for purposes of planning and designing the Project, shall take into account any appropriate studies and reports prepared by the District.CommentsClose CommentsPermalink
(2) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) FEDERAL SHARE- The Federal share of the total cost of the Project shall be 25 percent, which shall be nonreimbursable to the United States.CommentsClose CommentsPermalink
(B) CREDIT TOWARD NON-FEDERAL SHARE- The Secretary shall credit toward the non-Federal share of the Project any amounts that the District provides toward the design, planning, and construction before the date of enactment of this Act.CommentsClose CommentsPermalink
(3) TITLE- The District shall hold title to any facilities constructed under this section.CommentsClose CommentsPermalink
(4) OPERATION AND MAINTENANCE COSTS- The District shall pay the operation and maintenance costs of the Project.CommentsClose CommentsPermalink
(5) EFFECT- Any assistance provided under this section shall not be considered to be a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (
(c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary for the Federal share of the cost of the Project $4,000,000.CommentsClose CommentsPermalink
(d) Termination of Authority- The authority of the Secretary to carry out this section shall expire on the date that is 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 912. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALIFORNIA.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) DISTRICT- The term ‘District’ means the Madera Irrigation District, Madera, California.CommentsClose CommentsPermalink
(2) PROJECT- The term ‘Project’ means the Madera Water Supply Enhancement Project, a groundwater bank on the 13,646-acre Madera Ranch in Madera, California, owned, operated, maintained, and managed by the District that will plan, design, and construct recharge, recovery, and delivery systems able to store up to 250,000 acre-feet of water and recover up to 55,000 acre-feet of water per year, as substantially described in the California Environmental Quality Act, Final Environmental Impact Report for the Madera Irrigation District Water Supply Enhancement Project, September 2005.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(4) TOTAL COST- The term ‘total cost’ means all reasonable costs, such as the planning, design, permitting, and construction of the Project and the acquisition costs of lands used or acquired by the District for the Project.CommentsClose CommentsPermalink
(b) Project Feasibility-CommentsClose CommentsPermalink
(1) PROJECT FEASIBLE- Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental thereto, the Project is feasible and no further studies or actions regarding feasibility are necessary.CommentsClose CommentsPermalink
(2) APPLICABILITY OF OTHER LAWS- The Secretary shall implement the authority provided in this section in accordance with all applicable Federal laws, including the National Environmental Policy Act of 1969 (
(c) Cooperative Agreement- All final planning and design and the construction of the Project authorized by this section shall be undertaken in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating, which shall include--CommentsClose CommentsPermalink
(1) engineering and design;CommentsClose CommentsPermalink
(2) construction; andCommentsClose CommentsPermalink
(3) the administration of contracts pertaining to any of the foregoing.CommentsClose CommentsPermalink
(d) Authorization for the Madera Water Supply and Enhancement Project-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF CONSTRUCTION- The Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, is authorized to enter into a cooperative agreement through the Bureau of Reclamation with the District for the support of the final design and construction of the Project.CommentsClose CommentsPermalink
(2) TOTAL COST- The total cost of the Project for the purposes of determining the Federal cost share shall not exceed $90,000,000.CommentsClose CommentsPermalink
(3) COST SHARE- The Federal share of the capital costs of the Project shall not exceed 25 percent of the total cost. Capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share.CommentsClose CommentsPermalink
(4) CREDIT FOR NON-FEDERAL WORK- The District shall receive credit toward the non-Federal share of the cost of the Project for--CommentsClose CommentsPermalink
(A) in-kind services that the Secretary determines would contribute substantially toward the completion of the project;CommentsClose CommentsPermalink
(B) reasonable costs incurred by the District as a result of participation in the planning, design, permitting, and construction of the Project; andCommentsClose CommentsPermalink
(C) the acquisition costs of lands used or acquired by the District for the Project.CommentsClose CommentsPermalink
(5) LIMITATION- The Secretary shall not provide funds for the operation or maintenance of the Project authorized by this section. The operation, ownership, and maintenance of the Project shall be the sole responsibility of the District.CommentsClose CommentsPermalink
(6) PLANS AND ANALYSES CONSISTENT WITH FEDERAL LAW- Before obligating funds for design or construction under this section, the Secretary shall work cooperatively with the District to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The Secretary shall ensure that such information as is used is consistent with applicable Federal laws and regulations.CommentsClose CommentsPermalink
(7) TITLE; RESPONSIBILITY; LIABILITY- Nothing in this section or the assistance provided under this section shall be construed to transfer title, responsibility, or liability related to the Project to the United States.CommentsClose CommentsPermalink
(8) AUTHORIZATION OF APPROPRIATION- There is authorized to be appropriated to the Secretary to carry out this section $22,500,000 or 25 percent of the total cost of the Project, whichever is less.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 the enactment of this Act.CommentsClose CommentsPermalink
SEC. 913. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT, NEW MEXICO.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) AUTHORITY- The term ‘Authority’ means the Eastern New Mexico Rural Water Authority, an entity formed under State law for the purposes of planning, financing, developing, and operating the System.CommentsClose CommentsPermalink
(2) ENGINEERING REPORT- The term ‘engineering report’ means the report entitled ‘Eastern New Mexico Rural Water System Preliminary Engineering Report’ and dated October 2006.CommentsClose CommentsPermalink
(3) PLAN- The term ‘plan’ means the operation, maintenance, and replacement plan required by subsection (c)(2).CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(5) STATE- The term ‘State’ means the State of New Mexico.CommentsClose CommentsPermalink
(6) SYSTEM-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘System’ means the Eastern New Mexico Rural Water System, a water delivery project designed to deliver approximately 16,500 acre-feet of water per year from the Ute Reservoir to the cities of Clovis, Elida, Grady, Melrose, Portales, and Texico and other locations in Curry, Roosevelt, and Quay Counties in the State.CommentsClose CommentsPermalink
(B) INCLUSIONS- The term ‘System’ includes the major components and associated infrastructure identified as the ‘Best Technical Alternative’ in the engineering report.CommentsClose CommentsPermalink
(7) UTE RESERVOIR- The term ‘Ute Reservoir’ means the impoundment of water created in 1962 by the construction of the Ute Dam on the Canadian River, located approximately 32 miles upstream of the border between New Mexico and Texas.CommentsClose CommentsPermalink
(b) Eastern New Mexico Rural Water System-CommentsClose CommentsPermalink
(1) FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may provide financial and technical assistance to the Authority to assist in planning, designing, conducting related preconstruction activities for, and constructing the System.CommentsClose CommentsPermalink
(B) USE-CommentsClose CommentsPermalink
(i) IN GENERAL- Any financial assistance provided under subparagraph (A) shall be obligated and expended only in accordance with a cooperative agreement entered into under subsection (d)(1)(B).CommentsClose CommentsPermalink
(ii) LIMITATIONS- Financial assistance provided under clause (i) shall not be used--CommentsClose CommentsPermalink
(I) for any activity that is inconsistent with constructing the System; orCommentsClose CommentsPermalink
(II) to plan or construct facilities used to supply irrigation water for irrigated agricultural purposes.CommentsClose CommentsPermalink
(2) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the total cost of any activity or construction carried out using amounts made available under this section shall be not more than 75 percent of the total cost of the System.CommentsClose CommentsPermalink
(B) SYSTEM DEVELOPMENT COSTS- For purposes of subparagraph (A), the total cost of the System shall include any costs incurred by the Authority or the State on or after October 1, 2003, for the development of the System.CommentsClose CommentsPermalink
(3) LIMITATION- No amounts made available under this section may be used for the construction of the System until--CommentsClose CommentsPermalink
(A) a plan is developed under subsection (c)(2); andCommentsClose CommentsPermalink
(B) the Secretary and the Authority have complied with any requirements of the National Environmental Policy Act of 1969 (
(4) TITLE TO PROJECT WORKS- Title to the infrastructure of the System shall be held by the Authority or as may otherwise be specified under State law.CommentsClose CommentsPermalink
(c) Operation, Maintenance, and Replacement Costs-CommentsClose CommentsPermalink
(1) IN GENERAL- The Authority shall be responsible for the annual operation, maintenance, and replacement costs associated with the System.CommentsClose CommentsPermalink
(2) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN- The Authority, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan that establishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year.CommentsClose CommentsPermalink
(d) Administrative Provisions-CommentsClose CommentsPermalink
(1) COOPERATIVE AGREEMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out this section.CommentsClose CommentsPermalink
(B) COOPERATIVE AGREEMENT FOR PROVISION OF FINANCIAL ASSISTANCE-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary shall enter into a cooperative agreement with the Authority to provide financial assistance and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System.CommentsClose CommentsPermalink
(ii) REQUIREMENTS- The cooperative agreement entered into under clause (i) shall, at a minimum, specify the responsibilities of the Secretary and the Authority with respect to--CommentsClose CommentsPermalink
(I) ensuring that the cost-share requirements established by subsection (b)(2) are met;CommentsClose CommentsPermalink
(II) completing the planning and final design of the System;CommentsClose CommentsPermalink
(III) any environmental and cultural resource compliance activities required for the System; andCommentsClose CommentsPermalink
(IV) the construction of the System.CommentsClose CommentsPermalink
(2) TECHNICAL ASSISTANCE- At the request of the Authority, the Secretary may provide to the Authority any technical assistance that is necessary to assist the Authority in planning, designing, constructing, and operating the System.CommentsClose CommentsPermalink
(3) BIOLOGICAL ASSESSMENT- The Secretary shall consult with the New Mexico Interstate Stream Commission and the Authority in preparing any biological assessment under the Endangered Species Act of 1973 (
(4) EFFECT- Nothing in this section--CommentsClose CommentsPermalink
(A) affects or preempts--CommentsClose CommentsPermalink
(i) State water law; orCommentsClose CommentsPermalink
(ii) an interstate compact relating to the allocation of water; orCommentsClose CommentsPermalink
(B) confers on any non-Federal entity the ability to exercise any Federal rights to--CommentsClose CommentsPermalink
(i) the water of a stream; orCommentsClose CommentsPermalink
(ii) any groundwater resource.CommentsClose CommentsPermalink
(e) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with the adjustment carried out under paragraph (2), there is authorized to be appropriated to the Secretary to carry out this section an amount not greater than $327,000,000.CommentsClose CommentsPermalink
(2) ADJUSTMENT- The amount made available under paragraph (1) shall be adjusted to reflect changes in construction costs occurring after January 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this section.CommentsClose CommentsPermalink
(3) NONREIMBURSABLE AMOUNTS- Amounts made available to the Authority in accordance with the cost-sharing requirement under subsection (b)(2) shall be nonreimbursable and nonreturnable to the United States.CommentsClose CommentsPermalink
(4) AVAILABILITY OF FUNDS- At the end of each fiscal year, any unexpended funds appropriated pursuant to this section shall be retained for use in future fiscal years consistent with this section.CommentsClose CommentsPermalink
SEC. 914. RANCHO CAILFORNIA WATER DISTRICT PROJECT, CALIFORNIA.
(a) In General- The Reclamation Wastewater and Groundwater Study and Facilities Act (
‘SEC. 16XX. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA.
‘(a) Authorization- The Secretary, in cooperation with the Rancho California Water District, California, may participate in the design, planning, and construction of permanent facilities for water recycling, demineralization, and desalination, and distribution of non-potable water supplies in Southern Riverside County, California.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 or $20,000,000, whichever is less.CommentsClose CommentsPermalink
‘(c) Limitation- Funds provided by the Secretary under this section shall not be used for operation or maintenance of the project described in subsection (a).’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of items in section 2 of
Public Law 102-575 is amended by inserting after the item relating to section 16XX the following:CommentsClose CommentsPermalink
‘Sec. 16XX. Rancho California Water District Project, California.’.CommentsClose CommentsPermalink
Subtitle C--Title Transfers and ClarificationsCommentsClose CommentsPermalink
SEC. 921. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) AGREEMENT- The term ‘Agreement’ means the agreement numbered 06-AG-60-2115 and entitled ‘Agreement Between the United States of America and McGee Creek Authority for the Purpose of Defining Responsibilities Related to and Implementing the Title Transfer of Certain Facilities at the McGee Creek Project, Oklahoma’.CommentsClose CommentsPermalink
(2) AUTHORITY- The term ‘Authority’ means the McGee Creek Authority located in Oklahoma City, Oklahoma.CommentsClose CommentsPermalink
(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Conveyance of Mcgee Creek Project Pipeline and Associated Facilities-CommentsClose CommentsPermalink
(1) AUTHORITY TO CONVEY-CommentsClose CommentsPermalink
(A) IN GENERAL- In accordance with all applicable laws and consistent with any terms and conditions provided in the Agreement, the Secretary may convey to the Authority all right, title, and interest of the United States in and to the pipeline and any associated facilities described in the Agreement, including--CommentsClose CommentsPermalink
(i) the pumping plant;CommentsClose CommentsPermalink
(ii) the raw water pipeline from the McGee Creek pumping plant to the rate of flow control station at Lake Atoka;CommentsClose CommentsPermalink
(iii) the surge tank;CommentsClose CommentsPermalink
(iv) the regulating tank;CommentsClose CommentsPermalink
(v) the McGee Creek operation and maintenance complex, maintenance shop, and pole barn; andCommentsClose CommentsPermalink
(vi) any other appurtenances, easements, and fee title land associated with the facilities described in clauses (i) through (v), in accordance with the Agreement.CommentsClose CommentsPermalink
(B) EXCLUSION OF MINERAL ESTATE FROM CONVEYANCE-CommentsClose CommentsPermalink
(i) IN GENERAL- The mineral estate shall be excluded from the conveyance of any land or facilities under subparagraph (A).CommentsClose CommentsPermalink
(ii) MANAGEMENT- Any mineral interests retained by the United States under this section shall be managed--CommentsClose CommentsPermalink
(I) consistent with Federal law; andCommentsClose CommentsPermalink
(II) in a manner that would not interfere with the purposes for which the McGee Creek Project was authorized.CommentsClose CommentsPermalink
(C) COMPLIANCE WITH AGREEMENT; APPLICABLE LAW-CommentsClose CommentsPermalink
(i) 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
(ii) APPLICABLE LAW- Before any conveyance under subparagraph (A), the Secretary shall complete any actions required under--CommentsClose CommentsPermalink
(I) the National Environmental Policy Act of 1969 (
(II) the Endangered Species Act of 1973 (
(III) the National Historic Preservation Act (
(IV) any other applicable laws.CommentsClose CommentsPermalink
(2) OPERATION OF TRANSFERRED FACILITIES-CommentsClose CommentsPermalink
(A) IN GENERAL- On the conveyance of the land and facilities under paragraph (1)(A), the Authority shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of any transferred facilities.CommentsClose CommentsPermalink
(B) OPERATION AND MAINTENANCE COSTS-CommentsClose CommentsPermalink
(i) IN GENERAL- After the conveyance of the land and facilities under paragraph (1)(A) and consistent with the Agreement, the Authority shall be responsible for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities.CommentsClose CommentsPermalink
(ii) LIMITATION ON FUNDING- The Authority shall not be eligible to receive any Federal funding to assist in the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities, except for funding that would be available to any comparable entity that is not subject to reclamation laws.CommentsClose CommentsPermalink
(3) RELEASE FROM LIABILITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Effective beginning on the date of the conveyance of the land and facilities under paragraph (1)(A), the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to any land or facilities conveyed, except for damages caused by acts of negligence committed by the United States (including any employee or agent of the United States) before the date of the conveyance.CommentsClose CommentsPermalink
(B) NO ADDITIONAL LIABILITY- Nothing in this paragraph adds to any liability that the United States may have under chapter 171 of title 28, United States Code.CommentsClose CommentsPermalink
(4) CONTRACTUAL OBLIGATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), any rights and obligations under the contract numbered 0-07-50-X0822 and dated October 11, 1979, between the Authority and the United States for the construction, operation, and maintenance of the McGee Creek Project, shall remain in full force and effect.CommentsClose CommentsPermalink
(B) AMENDMENTS- With the consent of the Authority, the Secretary may amend the contract described in subparagraph (A) to reflect the conveyance of the land and facilities under paragraph (1)(A).CommentsClose CommentsPermalink
(5) APPLICABILITY OF THE RECLAMATION LAWS- Notwithstanding the conveyance of the land and facilities under paragraph (1)(A), the reclamation laws shall continue to apply to any project water provided to the Authority.CommentsClose CommentsPermalink
SEC. 922. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE CLARIFICATION.
(a) Purpose- The purpose of this section is to direct the Secretary of the Interior to issue a quitclaim deed conveying any right, title, and interest the United States may have in and to Tingley Beach, San Gabriel Park, or the BioPark Parcels to the City, thereby removing a potential cloud on the City’s title to these lands.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) CITY- The term ‘City’ means the City of Albuquerque, New Mexico.CommentsClose CommentsPermalink
(2) BIOPARK PARCELS- The term ‘BioPark Parcels’ means a certain area of land containing 19.16 acres, more or less, situated within the Town of Albuquerque Grant, in Projected Section 13, Township 10 North, Range 2 East, N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, comprised of the following platted tracts and lot, and MRGCD tracts:CommentsClose CommentsPermalink
(A) Tracts A and B, Albuquerque Biological Park, as the same are shown and designated on the Plat of Tracts A & B, Albuquerque Biological Park, recorded in the Office of the County Clerk of Bernalillo County, New Mexico on February 11, 1994 in Book 94C, Page 44; containing 17.9051 acres, more or less.CommentsClose CommentsPermalink
(B) Lot B-1, Roger Cox Addition, as the same is shown and designated on the Plat of Lots B-1 and B-2 Roger Cox Addition, recorded in the Office of the County Clerk of Bernalillo County, New Mexico on October 3, 1985 in Book C28, Page 99; containing 0.6289 acres, more or less.CommentsClose CommentsPermalink
(C) Tract 361 of MRGCD Map 38, bounded on the north by Tract A, Albuquerque Biological Park, on the east by the westerly right-of-way of Central Avenue, on the south by Tract 332B MRGCD Map 38, and on the west by Tract B, Albuquerque Biological Park; containing 0.30 acres, more or less.CommentsClose CommentsPermalink
(D) Tract 332B of MRGCD Map 38; bounded on the north by Tract 361, MRGCD Map 38, on the west by Tract 32A-1-A, MRGCD Map 38, and on the south and east by the westerly right-of-way of Central Avenue; containing 0.25 acres, more or less.CommentsClose CommentsPermalink
(E) Tract 331A-1A of MRGCD Map 38, bounded on the west by Tract B, Albuquerque Biological Park, on the east by Tract 332B, MRGCD Map 38, and on the south by the westerly right-of-way of Central Avenue and Tract A, Albuquerque Biological Park; containing 0.08 acres, more or less.CommentsClose CommentsPermalink
(3) MIDDLE RIO GRANDE CONSERVANCY DISTRICT- The terms ‘Middle Rio Grande Conservancy District’ and ‘MRGCD’ mean a political subdivision of the State of New Mexico, created in 1925 to provide and maintain flood protection and drainage, and maintenance of ditches, canals, and distribution systems for irrigation and water delivery and operations in the Middle Rio Grande Valley.CommentsClose CommentsPermalink
(4) MIDDLE RIO GRANDE PROJECT- The term ‘Middle Rio Grande Project’ means the works associated with water deliveries and operations in the Rio Grande basin as authorized by the Flood Control Act of 1948 (
(5) SAN GABRIEL PARK- The term ‘San Gabriel Park’ means the tract of land containing 40.2236 acres, more or less, situated within Section 12 and Section 13, T10N, R2E, N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, and described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances in a Special Warranty Deed conveying the property from MRGCD to the City, dated November 25, 1997.CommentsClose CommentsPermalink
(6) TINGLEY BEACH- The term ‘Tingley Beach’ means the tract of land containing 25.2005 acres, more or less, situated within Section 13 and Section 24, T10N, R2E, and secs. 18 and 19, T10N, R3E, N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, and described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances in a Special Warranty Deed conveying the property from MRGCD to the City, dated November 25, 1997.CommentsClose CommentsPermalink
(c) Clarification of Property Interest-CommentsClose CommentsPermalink
(1) REQUIRED ACTION- The Secretary of the Interior shall issue a quitclaim deed conveying any right, title, and interest the United States may have in and to Tingley Beach, San Gabriel Park, and the BioPark Parcels to the City.CommentsClose CommentsPermalink
(2) TIMING- The Secretary shall carry out the action in paragraph (1) as soon as practicable after the date of enactment of this Act and in accordance with all applicable law.CommentsClose CommentsPermalink
(3) NO ADDITIONAL PAYMENT- The City shall not be required to pay any additional costs to the United States for the value of San Gabriel Park, Tingley Beach, and the BioPark Parcels.CommentsClose CommentsPermalink
(d) Other Rights, Title, and Interests Unaffected-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as expressly provided in subsection (c), nothing in this section shall be construed to affect any right, title, or interest in and to any land associated with the Middle Rio Grande Project.CommentsClose CommentsPermalink
(2) ONGOING LITIGATION- Nothing contained in this section shall be construed or utilized to affect or otherwise interfere with any position set forth by any party in the lawsuit pending before the United States District Court for the District of New Mexico, 99-CV-01320-JAP-RHS, entitled Rio Grande Silvery Minnow v. John W. Keys, III, concerning the right, title, or interest in and to any property associated with the Middle Rio Grande Project.CommentsClose CommentsPermalink
Subtitle D--San Gabriel Basin Restoration FundCommentsClose CommentsPermalink
SEC. 931. RESTORATION FUND.
Section 110 of division B of the Miscellaneous Appropriations Act, 2001 (114 Stat. 2763A-222), as enacted into law by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (
(1) in subsection (a)(3)(B), by inserting after clause (iii) the following:CommentsClose CommentsPermalink
‘(iv) NON-FEDERAL MATCH- After $85,000,000 has cumulatively been appropriated under subsection (d)(1), the remainder of Federal funds appropriated under subsection (d) shall be subject to the following matching requirement:CommentsClose CommentsPermalink
‘(I) SAN GABRIEL BASIN WATER QUALITY AUTHORITY- The San Gabriel Basin Water Quality Authority shall be responsible for providing a 35 percent non-Federal match for Federal funds made available to the Authority under this Act.CommentsClose CommentsPermalink
‘(II) CENTRAL BASIN MUNICIPAL WATER DISTRICT- The Central Basin Municipal Water District shall be responsible for providing a 35 percent non-Federal match for Federal funds made available to the District under this Act.’;CommentsClose CommentsPermalink
(2) in subsection (a), by adding at the end the following:CommentsClose CommentsPermalink
‘(4) INTEREST ON FUNDS IN RESTORATION FUND- No amounts appropriated above the cumulative amount of $85,000,000 to the Restoration Fund under subsection (d)(1) shall be invested by the Secretary of the Treasury in interest-bearing securities of the United States.’; andCommentsClose CommentsPermalink
(3) by amending subsection (d) to read as follows:CommentsClose CommentsPermalink
‘(d) Authorization of Appropriations-CommentsClose CommentsPermalink
‘(1) IN GENERAL- There is authorized to be appropriated to the Restoration Fund established under subsection (a) $146,200,000. Such funds shall remain available until expended.CommentsClose CommentsPermalink
‘(2) SET-ASIDE- Of the amounts appropriated under paragraph (1), no more than $21,200,000 shall be made available to carry out the Central Basin Water Quality Project.’.CommentsClose CommentsPermalink
Subtitle E--Lower Colorado River Multi-Species Conservation ProgramCommentsClose CommentsPermalink
SEC. 941. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM- The term ‘Lower Colorado River Multi-Species Conservation Program’ or ‘LCR MSCP’ means the cooperative effort on the Lower Colorado River between Federal and non-Federal entities in Arizona, California, and Nevada approved by the Secretary of the Interior on April 2, 2005.CommentsClose CommentsPermalink
(2) LOWER COLORADO RIVER- The term ‘Lower Colorado River’ means the segment of the Colorado River within the planning area as provided in section 2(B) of the Implementing Agreement, a Program Document.CommentsClose CommentsPermalink
(3) PROGRAM DOCUMENTS- The term ‘Program Documents’ means the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement, and Section 10(a)(1)(B) Permit issued and, as applicable, executed in connection with the LCR MSCP, and any amendments or successor documents that are developed consistent with existing agreements and applicable law.CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(5) STATE- The term ‘State’ means each of the States of Arizona, California, and Nevada.CommentsClose CommentsPermalink
SEC. 942. IMPLEMENTATION AND WATER ACCOUNTING.
(a) Implementation- The Secretary is authorized to manage and implement the LCR MSCP in accordance with the Program Documents.CommentsClose CommentsPermalink
(b) Water Accounting- The Secretary is authorized to enter into an agreement with the States providing for the use of water from the Lower Colorado River for habitat creation and maintenance in accordance with the Program Documents.CommentsClose CommentsPermalink
SEC. 943. ENFORCEABILITY OF PROGRAM DOCUMENTS.
(a) In General- Any party to the Funding and Management Agreement or the Implementing Agreement, and any permittee under the Section 10(a)(1)(B) Permit, may commence a civil action in United States district court to adjudicate, confirm, validate or decree the rights and obligations of the parties under those Program Documents.CommentsClose CommentsPermalink
(b) Jurisdiction- The district court shall have jurisdiction over such actions and may issue such orders, judgments, and decrees as are consistent with the court’s exercise of jurisdiction under this section.CommentsClose CommentsPermalink
(c) United States as Defendant-CommentsClose CommentsPermalink
(1) IN GENERAL- The United States or any agency of the United States may be named as a defendant in such actions.CommentsClose CommentsPermalink
(2) SOVEREIGN IMMUNITY- Subject to paragraph (3), the sovereign immunity of the United States is waived for purposes of actions commenced pursuant to this section.CommentsClose CommentsPermalink
(3) NONWAIVER FOR CERTAIN CLAIMS- Nothing in this section waives the sovereign immunity of the United States to claims for money damages, monetary compensation, the provision of indemnity, or any claim seeking money from the United States.CommentsClose CommentsPermalink
(d) Rights Under Federal and State Law- Except as specifically provided in this section, nothing in this section limits any rights of any party under Federal or State law.CommentsClose CommentsPermalink
(e) Venue- Any suit pursuant to this section may be brought in any United States district court in the State in which any non-Federal party to the suit is situated.CommentsClose CommentsPermalink
SEC. 944. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There is authorized to be appropriated to the Secretary such sums as may be necessary to meet the obligations of the Secretary under the Program Documents, to remain available until expended.CommentsClose CommentsPermalink
(b) Non-Reimbursable and Non-Returnable- All amounts appropriated to and expended by the Secretary for the LCR MSCP shall be non-reimbursable and non-returnable.CommentsClose CommentsPermalink
TITLE X--WATER SETTLEMENTSCommentsClose CommentsPermalink
Subtitle A--San Joaquin River Restoration SettlementCommentsClose CommentsPermalink
PART I--SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT
SEC. 1001. SHORT TITLE.
This part may be cited as the ‘San Joaquin River Restoration Settlement Act’.CommentsClose CommentsPermalink
SEC. 1002. PURPOSE.
The purpose of this part is to authorize implementation of the Settlement.CommentsClose CommentsPermalink
SEC. 1003. DEFINITIONS.
In this part:CommentsClose CommentsPermalink
(1) The terms ‘Friant Division long-term contractors’, ‘Interim Flows’, ‘Restoration Flows’, ‘Recovered Water Account’, ‘Restoration Goal’, and ‘Water Management Goal’ have the meanings given the terms in the Settlement.CommentsClose CommentsPermalink
(2) The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(3) The term ‘Settlement’ means the Stipulation of Settlement dated September 13, 2006, in the litigation entitled Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., United States District Court, Eastern District of California, No. CIV. S-88-1658-LKK/GGH.CommentsClose CommentsPermalink
SEC. 1004. IMPLEMENTATION OF SETTLEMENT.
(a) In General- The Secretary of the Interior is hereby authorized and directed to implement the terms and conditions of the Settlement in cooperation with the State of California, including the following measures as these measures are prescribed in the Settlement:CommentsClose CommentsPermalink
(1) Design and construct channel and structural improvements as described in paragraph 11 of the Settlement, provided, however, that the Secretary shall not make or fund any such improvements to facilities or property of the State of California without the approval of the State of California and the State’s agreement in 1 or more memoranda of understanding to participate where appropriate.CommentsClose CommentsPermalink
(2) Modify Friant Dam operations so as to provide Restoration Flows and Interim Flows.CommentsClose CommentsPermalink
(3) Acquire water, water rights, or options to acquire water as described in paragraph 13 of the Settlement, provided, however, such acquisitions shall only be made from willing sellers and not through eminent domain.CommentsClose CommentsPermalink
(4) Implement the terms and conditions of paragraph 16 of the Settlement related to recirculation, recapture, reuse, exchange, or transfer of water released for Restoration Flows or Interim Flows, for the purpose of accomplishing the Water Management Goal of the Settlement, subject to--CommentsClose CommentsPermalink
(A) applicable provisions of California water law;CommentsClose CommentsPermalink
(B) the Secretary’s use of Central Valley Project facilities to make Project water (other than water released from Friant Dam pursuant to the Settlement) and water acquired through transfers available to existing south-of-Delta Central Valley Project contractors; andCommentsClose CommentsPermalink
(C) the Secretary’s performance of the Agreement of November 24, 1986, between the United States of America and the Department of Water Resources of the State of California for the coordinated operation of the Central Valley Project and the State Water Project as authorized by Congress in section 2(d) of the Act of August 26, 1937 (50 Stat. 850, 100 Stat. 3051), including any agreement to resolve conflicts arising from said Agreement.CommentsClose CommentsPermalink
(5) Develop and implement the Recovered Water Account as specified in paragraph 16(b) of the Settlement, including the pricing and payment crediting provisions described in paragraph 16(b)(3) of the Settlement, provided that all other provisions of Federal reclamation law shall remain applicable.CommentsClose CommentsPermalink
(b) Agreements-CommentsClose CommentsPermalink
(1) AGREEMENTS WITH THE STATE- In order to facilitate or expedite implementation of the Settlement, the Secretary is authorized and directed to enter into appropriate agreements, including cost-sharing agreements, with the State of California.CommentsClose CommentsPermalink
(2) OTHER AGREEMENTS- The Secretary is authorized to enter into contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements with State, tribal, and local governmental agencies, and with private parties, including agreements related to construction, improvement, and operation and maintenance of facilities, subject to any terms and conditions that the Secretary deems necessary to achieve the purposes of the Settlement.CommentsClose CommentsPermalink
(c) Acceptance and Expenditure of Non-Federal Funds- The Secretary is authorized to accept and expend non-Federal funds in order to facilitate implementation of the Settlement.CommentsClose CommentsPermalink
(d) Mitigation of Impacts- Prior to the implementation of decisions or agreements to construct, improve, operate, or maintain facilities that the Secretary determines are needed to implement the Settlement, the Secretary shall identify--CommentsClose CommentsPermalink
(1) the impacts associated with such actions; andCommentsClose CommentsPermalink
(2) the measures which shall be implemented to mitigate impacts on adjacent and downstream water users and landowners.CommentsClose CommentsPermalink
(e) Design and Engineering Studies- The Secretary is authorized to conduct any design or engineering studies that are necessary to implement the Settlement.CommentsClose CommentsPermalink
(f) Effect on Contract Water Allocations- Except as otherwise provided in this section, the implementation of the Settlement and the reintroduction of California Central Valley Spring Run Chinook salmon pursuant to the Settlement and section 1011, shall not result in the involuntary reduction in contract water allocations to Central Valley Project long-term contractors, other than Friant Division long-term contractors.CommentsClose CommentsPermalink
(g) Effect on Existing Water Contracts- Except as provided in the Settlement and this part, nothing in this part shall modify or amend the rights and obligations of the parties to any existing water service, repayment, purchase, or exchange contract.CommentsClose CommentsPermalink
SEC. 1005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO FACILITIES.
(a) Title to Facilities- Unless acquired pursuant to subsection (b), title to any facility or facilities, stream channel, levees, or other real property modified or improved in the course of implementing the Settlement authorized by this part, and title to any modifications or improvements of such facility or facilities, stream channel, levees, or other real property--CommentsClose CommentsPermalink
(1) shall remain in the owner of the property; andCommentsClose CommentsPermalink
(2) shall not be transferred to the United States on account of such modifications or improvements.CommentsClose CommentsPermalink
(b) Acquisition of Property-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to acquire through purchase from willing sellers any property, interests in property, or options to acquire real property needed to implement the Settlement authorized by this part.CommentsClose CommentsPermalink
(2) APPLICABLE LAW- The Secretary is authorized, but not required, to exercise all of the authorities provided in section 2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832), to carry out the measures authorized in this section and section 1004.CommentsClose CommentsPermalink
(c) Disposal of Property-CommentsClose CommentsPermalink
(1) IN GENERAL- Upon the Secretary’s determination that retention of title to property or interests in property acquired pursuant to this part is no longer needed to be held by the United States for the furtherance of the Settlement, the Secretary is authorized to dispose of such property or interest in property on such terms and conditions as the Secretary deems appropriate and in the best interest of the United States, including possible transfer of such property to the State of California.CommentsClose CommentsPermalink
(2) RIGHT OF FIRST REFUSAL- In the event the Secretary determines that property acquired pursuant to this part through the exercise of its eminent domain authority is no longer necessary for implementation of the Settlement, the Secretary shall provide a right of first refusal to the property owner from whom the property was initially acquired, or his or her successor in interest, on the same terms and conditions as the property is being offered to other parties.CommentsClose CommentsPermalink
(3) DISPOSITION OF PROCEEDS- Proceeds from the disposal by sale or transfer of any such property or interests in such property shall be deposited in the fund established by section 1009(c).CommentsClose CommentsPermalink
(d) Groundwater Bank- Nothing in this part authorizes the Secretary to operate a groundwater bank along or adjacent to the San Joaquin River upstream of the confluence with the Merced River, and any such groundwater bank shall be operated by a non-Federal entity.CommentsClose CommentsPermalink
SEC. 1006. COMPLIANCE WITH APPLICABLE LAW.
(a) Applicable Law-CommentsClose CommentsPermalink
(1) IN GENERAL- In undertaking the measures authorized by this part, the Secretary and the Secretary of Commerce shall comply with all applicable Federal and State laws, rules, and regulations, including the National Environmental Policy Act of 1969 (
(2) ENVIRONMENTAL REVIEWS- The Secretary and the Secretary of Commerce are authorized and directed to initiate and expeditiously complete applicable environmental reviews and consultations as may be necessary to effectuate the purposes of the Settlement.CommentsClose CommentsPermalink
(b) Effect on State Law- Nothing in this part shall preempt State law or modify any existing obligation of the United States under Federal reclamation law to operate the Central Valley Project in conformity with State law.CommentsClose CommentsPermalink
(c) Use of Funds for Environmental Reviews-CommentsClose CommentsPermalink
(1) DEFINITION OF ENVIRONMENTAL REVIEW- For purposes of this subsection, the term ‘environmental review’ includes any consultation and planning necessary to comply with subsection (a).CommentsClose CommentsPermalink
(2) PARTICIPATION IN ENVIRONMENTAL REVIEW PROCESS- In undertaking the measures authorized by section 1004, and for which environmental review is required, the Secretary may provide funds made available under this part to affected Federal agencies, State agencies, local agencies, and Indian tribes if the Secretary determines that such funds are necessary to allow the Federal agencies, State agencies, local agencies, or Indian tribes to effectively participate in the environmental review process.CommentsClose CommentsPermalink
(3) LIMITATION- Funds may be provided under paragraph (2) only to support activities that directly contribute to the implementation of the terms and conditions of the Settlement.CommentsClose CommentsPermalink
(d) Nonreimbursable Funds- The United States’ share of the costs of implementing this part shall be nonreimbursable under Federal reclamation law, provided that nothing in this subsection shall limit or be construed to limit the use of the funds assessed and collected pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
SEC. 1007. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.
Congress hereby finds and declares that the Settlement satisfies and discharges all of the obligations of the Secretary contained in section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
(1) the Secretary shall continue to assess and collect the charges provided in section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
(2) those assessments and collections shall continue to be counted toward the requirements of the Secretary contained in section 3407(c)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
SEC. 1008. NO PRIVATE RIGHT OF ACTION.
(a) In General- Nothing in this part confers upon any person or entity not a party to the Settlement a private right of action or claim for relief to interpret or enforce the provisions of this part or the Settlement.CommentsClose CommentsPermalink
(b) Applicable Law- This section shall not alter or curtail any right of action or claim for relief under any other applicable law.CommentsClose CommentsPermalink
SEC. 1009. APPROPRIATIONS; SETTLEMENT FUND.
(a) Implementation Costs-CommentsClose CommentsPermalink
(1) IN GENERAL- The costs of implementing the Settlement shall be covered by payments or in-kind contributions made by Friant Division contractors and other non-Federal parties, including the funds provided in paragraphs (1) through (4) of subsection (c), estimated to total $440,000,000, of which the non-Federal payments are estimated to total $200,000,000 (at October 2006 price levels) and the amount from repaid Central Valley Project capital obligations is estimated to total $240,000,000, the additional Federal appropriation of $250,000,000 authorized pursuant to subsection (b)(1), and such additional funds authorized pursuant to subsection (b)(2); provided however, that the costs of implementing the provisions of section 1004(a)(1) shall be shared by the State of California pursuant to the terms of a memorandum of understanding executed by the State of California and the Parties to the Settlement on September 13, 2006, which includes at least $110,000,000 of State funds.CommentsClose CommentsPermalink
(2) ADDITIONAL AGREEMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall enter into 1 or more agreements to fund or implement improvements on a project-by-project basis with the State of California.CommentsClose CommentsPermalink
(B) REQUIREMENTS- Any agreements entered into under subparagraph (A) shall provide for recognition of either monetary or in-kind contributions toward the State of California’s share of the cost of implementing the provisions of section 1004(a)(1).CommentsClose CommentsPermalink
(3) LIMITATION- Except as provided in the Settlement, to the extent that costs incurred solely to implement this Settlement would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis.CommentsClose CommentsPermalink
(b) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- In addition to the funding provided in subsection (c), there are also authorized to be appropriated not to exceed $250,000,000 (at October 2006 price levels) to implement this part and the Settlement, to be available until expended; provided however, that the Secretary is authorized to spend such additional appropriations only in amounts equal to the amount of funds deposited in the Fund (not including payments under subsection (c)(2) and proceeds under subsection (c)(3)), the amount of in-kind contributions, and other non-Federal payments actually committed to the implementation of this part or the Settlement.CommentsClose CommentsPermalink
(2) USE OF THE CENTRAL VALLEY PROJECT RESTORATION FUND- The Secretary is authorized to use monies from the Central Valley Project Restoration Fund created under section 3407 of the Reclamation Projects Authorization and Adjustment Act of 1992 (
(c) Fund- There is hereby established within the Treasury of the United States a fund, to be known as the San Joaquin River Restoration Fund, into which the following shall be deposited and used solely for the purpose of implementing the Settlement except as otherwise provided in subsections (a) and (b) of section 1033, to be available for expenditure without further appropriation:CommentsClose CommentsPermalink
(1) At the beginning of the fiscal year following enactment of this part, all payments received pursuant to section 3406(c)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
(2) The construction cost component (not otherwise needed to cover operation and maintenance costs) of payments made by Friant Division, Hidden Unit, and Buchanan Unit long-term contractors pursuant to long-term water service contracts or pursuant to repayment contracts, including repayment contracts executed pursuant to section 1010. The construction cost repayment obligation assigned such contractors under such contracts shall be reduced by the amount paid pursuant to this paragraph and the appropriate share of the existing Federal investment in the Central Valley Project to be recovered by the Secretary pursuant to
(3) Proceeds from the sale of water pursuant to the Settlement, or from the sale of property or interests in property as provided in section 1005.CommentsClose CommentsPermalink
(4) Any non-Federal funds, including State cost-sharing funds, contributed to the United States for implementation of the Settlement, which the Secretary may expend without further appropriation for the purposes for which contributed.CommentsClose CommentsPermalink
(d) Limitation on Contributions- Payments made by long-term contractors who receive water from the Friant Division and Hidden and Buchanan Units of the Central Valley Project pursuant to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
(e) No Additional Expenditures Required- Nothing in this part shall be construed to require a Federal official to expend Federal funds not appropriated by Congress, or to seek the appropriation of additional funds by Congress, for the implementation of the Settlement.CommentsClose CommentsPermalink
(f) Reach 4B-CommentsClose CommentsPermalink
(1) STUDY-CommentsClose CommentsPermalink
(A) IN GENERAL- In accordance with the Settlement and the memorandum of understanding executed pursuant to paragraph 6 of the Settlement, the Secretary shall conduct a study that specifies--CommentsClose CommentsPermalink
(i) the costs of undertaking any work required under paragraph 101(a)(3) of the Settlement to increase the capacity of reach 4B prior to reinitiation of Restoration Flows;CommentsClose CommentsPermalink
(ii) the impacts associated with reinitiation of such flows; andCommentsClose CommentsPermalink
(iii) measures that shall be implemented to mitigate impacts.CommentsClose CommentsPermalink
(B) DEADLINE- The study under subparagraph (A) shall be completed prior to restoration of any flows other than Interim Flows.CommentsClose CommentsPermalink
(2) REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall file a report with Congress not later than 90 days after issuing a determination, as required by the Settlement, on whether to expand channel conveyance capacity to 4500 cubic feet per second in reach 4B of the San Joaquin River, or use an alternative route for pulse flows, that--CommentsClose CommentsPermalink
(i) explains whether the Secretary has decided to expand Reach 4B capacity to 4500 cubic feet per second; andCommentsClose CommentsPermalink
(ii) addresses the following matters:CommentsClose CommentsPermalink
(I) The basis for the Secretary’s determination, whether set out in environmental review documents or otherwise, as to whether the expansion of Reach 4B would be the preferable means to achieve the Restoration Goal as provided in the Settlement, including how different factors were assessed such as comparative biological and habitat benefits, comparative costs, relative availability of State cost-sharing funds, and the comparative benefits and impacts on water temperature, water supply, private property, and local and downstream flood control.CommentsClose CommentsPermalink
(II) The Secretary’s final cost estimate for expanding Reach 4B capacity to 4500 cubic feet per second, or any alternative route selected, as well as the alternative cost estimates provided by the State, by the Restoration Administrator, and by the other parties to the Settlement.CommentsClose CommentsPermalink
(III) The Secretary’s plan for funding the costs of expanding Reach 4B or any alternative route selected, whether by existing Federal funds provided under this subtitle, by non-Federal funds, by future Federal appropriations, or some combination of such sources.CommentsClose CommentsPermalink
(B) DETERMINATION REQUIRED- The Secretary shall, to the extent feasible, make the determination in subparagraph (A) prior to undertaking any substantial construction work to increase capacity in reach 4B.CommentsClose CommentsPermalink
(3) COSTS- If the Secretary’s estimated Federal cost for expanding reach 4B in paragraph (2), in light of the Secretary’s funding plan set out in that paragraph, would exceed the remaining Federal funding authorized by this part (including all funds reallocated, all funds dedicated, and all new funds authorized by this part and separate from all commitments of State and other non-Federal funds and in-kind commitments), then before the Secretary commences actual construction work in reach 4B (other than planning, design, feasibility, or other preliminary measures) to expand capacity to 4500 cubic feet per second to implement this Settlement, Congress must have increased the applicable authorization ceiling provided by this part in an amount at least sufficient to cover the higher estimated Federal costs.CommentsClose CommentsPermalink
SEC. 1010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS.
(a) Conversion of Contracts-CommentsClose CommentsPermalink
(1) The Secretary is authorized and directed to convert, prior to December 31, 2010, all existing long-term contracts with the following Friant Division, Hidden Unit, and Buchanan Unit contractors, entered under subsection (e) of section 9 of the Act of August 4, 1939 (53 Stat. 1196), to contracts under subsection (d) of section 9 of said Act (53 Stat. 1195), under mutually agreeable terms and conditions: Arvin-Edison Water Storage District; Delano-Earlimart Irrigation District; Exeter Irrigation District; Fresno Irrigation District; Ivanhoe Irrigation District; Lindmore Irrigation District; Lindsay-Strathmore Irrigation District; Lower Tule River Irrigation District; Orange Cove Irrigation District; Porterville Irrigation District; Saucelito Irrigation District; Shafter-Wasco Irrigation District; Southern San Joaquin Municipal Utility District; Stone Corral Irrigation District; Tea Pot Dome Water District; Terra Bella Irrigation District; Tulare Irrigation District; Madera Irrigation District; and Chowchilla Water District. Upon request of the contractor, the Secretary is authorized to convert, prior to December 31, 2010, other existing long-term contracts with Friant Division contractors entered under subsection (e) of section 9 of the Act of August 4, 1939 (53 Stat. 1196), to contracts under subsection (d) of section 9 of said Act (53 Stat. 1195), under mutually agreeable terms and conditions.CommentsClose CommentsPermalink
(2) Upon request of the contractor, the Secretary is further authorized to convert, prior to December 31, 2010, any existing Friant Division long-term contract entered under subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to a contract under subsection (c)(1) of section 9 of said Act, under mutually agreeable terms and conditions.CommentsClose CommentsPermalink
(3) All such contracts entered into pursuant to paragraph (1) shall--CommentsClose CommentsPermalink
(A) require the repayment, either in lump sum or by accelerated prepayment, of the remaining amount of construction costs identified in the Central Valley Project Schedule of Irrigation Capital Rates by Contractor 2007 Irrigation Water Rates, dated January 25, 2007, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor, no later than January 31, 2011, or if made in approximately equal annual installments, no later than January 31, 2014; such amount to be discounted by 1/2 the Treasury Rate. An estimate of the remaining amount of construction costs as of January 31, 2011, as adjusted, shall be provided by the Secretary to each contractor no later than June 30, 2010;CommentsClose CommentsPermalink
(B) require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable Reclamation law, provided that the reference to the amount of $5,000,000 shall not be a precedent in any other context;CommentsClose CommentsPermalink
(C) provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract; andCommentsClose CommentsPermalink
(D) conform to the Settlement and this part and shall continue so long as the contractor pays applicable charges, consistent with subsection (c)(2) and applicable law.CommentsClose CommentsPermalink
(4) All such contracts entered into pursuant to paragraph (2) shall--CommentsClose CommentsPermalink
(A) require the repayment in lump sum of the remaining amount of construction costs identified in the most current version of the Central Valley Project Schedule of Municipal and Industrial Water Rates, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor, no later than January 31, 2014. An estimate of the remaining amount of construction costs as of January 31, 2014, as adjusted, shall be provided by the Secretary to each contractor no later than June 30, 2013;CommentsClose CommentsPermalink
(B) require that, notwithstanding subsection (c)(2), construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversions under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable Reclamation law, provided that the reference to the amount of $5,000,000 shall not be a precedent in any other context; andCommentsClose CommentsPermalink
(C) conform to the Settlement and this part and shall continue so long as the contractor pays applicable charges, consistent with subsection (c)(2) and applicable law.CommentsClose CommentsPermalink
(b) Final Adjustment- The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost allocation by the Secretary upon completion of the construction of the Central Valley Project. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor, the contractor shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be no less than 1 year and no more than 10 years, however, mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid, the Secretary is authorized and directed to credit such overpayment as an offset against any outstanding or future obligation of the contractor.CommentsClose CommentsPermalink
(c) Applicability of Certain Provisions-CommentsClose CommentsPermalink
(1) Notwithstanding any repayment obligation under subsection (a)(3)(B) or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs as provided in subsection (a)(3)(A), the provisions of section 213(a) and (b) of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to lands in such district.CommentsClose CommentsPermalink
(2) Notwithstanding any repayment obligation under paragraph (3)(B) or (4)(B) of subsection (a), or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of the construction costs as provided in paragraphs (3)(A) and (4)(A) of subsection (a), the Secretary shall waive the pricing provisions of section 3405(d) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
(3) Provisions of the Settlement applying to Friant Division, Hidden Unit, and Buchanan Unit long-term water service contracts shall also apply to contracts executed pursuant to this section.CommentsClose CommentsPermalink
(d) Reduction of Charge for Those Contracts Converted Pursuant to Subsection (a)(1)-CommentsClose CommentsPermalink
(1) At the time all payments by the contractor required by subsection (a)(3)(A) have been completed, the Secretary shall reduce the charge mandated in section 1007(1) of this part, from 2020 through 2039, to offset the financing costs as defined in section 1010(d)(3). The reduction shall be calculated at the time all payments by the contractor required by subsection (a)(3)(A) have been completed. The calculation shall remain fixed from 2020 through 2039 and shall be based upon anticipated average annual water deliveries, as mutually agreed upon by the Secretary and the contractor, for the period from 2020 through 2039, and the amounts of such reductions shall be discounted using the Treasury Rate; provided, that such charge shall not be reduced to less than $4.00 per acre foot of project water delivered; provided further, that such reduction shall be implemented annually unless the Secretary determines, based on the availability of other monies, that the charges mandated in section 1007(1) are otherwise needed to cover ongoing federal costs of the Settlement, including any federal operation and maintenance costs of facilities that the Secretary determines are needed to implement the Settlement. If the Secretary determines that such charges are necessary to cover such ongoing federal costs, the Secretary shall, instead of making the reduction in such charges, reduce the contractor’s operation and maintenance obligation by an equivalent amount, and such amount shall not be recovered by the United States from any Central Valley Project contractor, provided nothing herein shall affect the obligation of the contractor to make payments pursuant to a transfer agreement with a non-federal operating entity.CommentsClose CommentsPermalink
(2) If the calculated reduction in paragraph (1), taking into consideration the minimum amount required, does not result in the contractor offsetting its financing costs, the Secretary is authorized and directed to reduce, after 2019, any outstanding or future obligations of the contractor to the Bureau of Reclamation, other than the charge assessed and collected under section 3407(d) of Public law 102-575, by the amount of such deficiency, with such amount indexed to 2020 using the Treasury Rate and such amount shall be not be recovered by the United States from any Central Valley Project contractor, provided nothing herein shall affect the obligation of the contractor to make payments pursuant to a transfer agreement with a non-Federal operating entity.CommentsClose CommentsPermalink
(3) Financing costs, for the purposes of this subsection, shall be computed as the difference of the net present value of the construction cost identified in subsection (a)(3)(A) using the full Treasury Rate as compared to using one half of the Treasury Rate and applying those rates against a calculated average annual capital repayment through 2030.CommentsClose CommentsPermalink
(4) Effective in 2040, the charge shall revert to the amount called for in section 1007(1) of this part.CommentsClose CommentsPermalink
(5) For purposes of this section, ‘Treasury Rate’ shall be defined as the 20 year Constant Maturity Treasury (CMT) rate published by the United States Department of the Treasury as of October 1, 2010.CommentsClose CommentsPermalink
(e) Satisfaction of Certain Provisions-CommentsClose CommentsPermalink
(1) IN GENERAL- Upon the first release of Interim Flows or Restoration Flows, pursuant to paragraphs 13 or 15 of the Settlement, any short- or long-term agreement, to which 1 or more long-term Friant Division, Hidden Unit, or Buchanan Unit contractor that converts its contract pursuant to subsection (a) is a party, providing for the transfer or exchange of water not released as Interim Flows or Restoration Flows shall be deemed to satisfy the provisions of subsection 3405(a)(1)(A) and (I) of the Reclamation Projects Authorization and Adjustment Act of 1992 (
(2) DETERMINATION OF REDUCTIONS TO WATER DELIVERIES- Water transferred or exchanged under an agreement that meets the terms of this subsection shall not be counted as a replacement or an offset for purposes of determining reductions to water deliveries to any Friant Division long-term contractor except as provided in paragraph 16(b) of the Settlement. The Secretary shall, at least annually, make publicly available a compilation of the number of transfer or exchange agreements exercising the provisions of this subsection to reduce, avoid, or mitigate impacts to water deliveries caused by the Interim Flows or Restoration Flows or to facilitate the Water Management Goal, as well as the volume of water transferred or exchanged under such agreements.CommentsClose CommentsPermalink
(3) STATE LAW- Nothing in this subsection alters State law or permit conditions, including any applicable geographical restrictions on the place of use of water transferred or exchanged pursuant to this subsection.CommentsClose CommentsPermalink
(f) Certain Repayment Obligations Not Altered- Implementation of the provisions of this section shall not alter the repayment obligation of any other long-term water service or repayment contractor receiving water from the Central Valley Project, or shift any costs that would otherwise have been properly assignable to the Friant contractors absent this section, including operations and maintenance costs, construction costs, or other capitalized costs incurred after the date of enactment of this Act, to other such contractors.CommentsClose CommentsPermalink
(g) Statutory Interpretation- Nothing in this part shall be construed to affect the right of any Friant Division, Hidden Unit, or Buchanan Unit long-term contractor to use a particular type of financing to make the payments required in paragraph (3)(A) or (4)(A) of subsection (a).CommentsClose CommentsPermalink
SEC. 1011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON.
(a) Finding- Congress finds that the implementation of the Settlement to resolve 18 years of contentious litigation regarding restoration of the San Joaquin River and the reintroduction of the California Central Valley Spring Run Chinook salmon is a unique and unprecedented circumstance that requires clear expressions of Congressional intent regarding how the provisions of the Endangered Species Act of 1973 (
(b) Reintroduction in the San Joaquin River- California Central Valley Spring Run Chinook salmon shall be reintroduced in the San Joaquin River below Friant Dam pursuant to section 10(j) of the Endangered Species Act of 1973 (
(c) Final Rule-CommentsClose CommentsPermalink
(1) DEFINITION OF THIRD PARTY- For the purpose of this subsection, the term ‘third party’ means persons or entities diverting or receiving water pursuant to applicable State and Federal laws and shall include Central Valley Project contractors outside of the Friant Division of the Central Valley Project and the State Water Project.CommentsClose CommentsPermalink
(2) ISSUANCE- The Secretary of Commerce shall issue a final rule pursuant to section 4(d) of the Endangered Species Act of 1973 (
(3) REQUIRED COMPONENTS- The rule issued under paragraph (2) shall provide that the reintroduction will not impose more than de minimus: water supply reductions, additional storage releases, or bypass flows on unwilling third parties due to such reintroduction.CommentsClose CommentsPermalink
(4) APPLICABLE LAW- Nothing in this section--CommentsClose CommentsPermalink
(A) diminishes the statutory or regulatory protections provided in the Endangered Species Act of 1973 for any species listed pursuant to section 4 of the Endangered Species Act of 1973 (
(B) precludes the Secretary or Secretary of Commerce from imposing protections under the Endangered Species Act of 1973 (
(d) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than December 31, 2024, the Secretary of Commerce shall report to Congress on the progress made on the reintroduction set forth in this section and the Secretary’s plans for future implementation of this section.CommentsClose CommentsPermalink
(2) INCLUSIONS- The report under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) an assessment of the major challenges, if any, to successful reintroduction;CommentsClose CommentsPermalink
(B) an evaluation of the effect, if any, of the reintroduction on the existing population of California Central Valley Spring Run Chinook salmon existing on the Sacramento River or its tributaries; andCommentsClose CommentsPermalink
(C) an assessment regarding the future of the reintroduction.CommentsClose CommentsPermalink
(e) FERC Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- With regard to California Central Valley Spring Run Chinook salmon reintroduced pursuant to the Settlement, the Secretary of Commerce shall exercise its authority under section 18 of the Federal Power Act (
(2) EFFECT OF SUBSECTION- Nothing in this subsection shall preclude the Secretary of Commerce from imposing prescriptions pursuant to section 18 of the Federal Power Act (
(f) Effect of Section- Nothing in this section is intended or shall be construed--CommentsClose CommentsPermalink
(1) to modify the Endangered Species Act of 1973 (
(2) to establish a precedent with respect to any other application of the Endangered Species Act of 1973 (
PART II--STUDY TO DEVELOP WATER PLAN; REPORT
SEC. 1021. STUDY TO DEVELOP WATER PLAN; REPORT.
(a) Plan-CommentsClose CommentsPermalink
(1) GRANT- To the extent that funds are made available in advance for this purpose, the Secretary of the Interior, acting through the Bureau of Reclamation, shall provide direct financial assistance to the California Water Institute, located at California State University, Fresno, California, to conduct a study regarding the coordination and integration of sub-regional integrated regional water management plans into a unified Integrated Regional Water Management Plan for the subject counties in the hydrologic basins that would address issues related to--CommentsClose CommentsPermalink
(A) water quality;CommentsClose CommentsPermalink
(B) water supply (both surface, ground water banking, and brackish water desalination);CommentsClose CommentsPermalink
(C) water conveyance;CommentsClose CommentsPermalink
(D) water reliability;CommentsClose CommentsPermalink
(E) water conservation and efficient use (by distribution systems and by end users);CommentsClose CommentsPermalink
(F) flood control;CommentsClose CommentsPermalink
(G) water resource-related environmental enhancement; andCommentsClose CommentsPermalink
(H) population growth.CommentsClose CommentsPermalink
(2) STUDY AREA- The study area referred to in paragraph (1) is the proposed study area of the San Joaquin River Hydrologic Region and Tulare Lake Hydrologic Region, as defined by California Department of Water Resources Bulletin 160-05, volume 3, chapters 7 and 8, including Kern, Tulare, Kings, Fresno, Madera, Merced, Stanislaus, and San Joaquin counties in California.CommentsClose CommentsPermalink
(b) Use of Plan- The Integrated Regional Water Management Plan developed for the 2 hydrologic basins under subsection (a) shall serve as a guide for the counties in the study area described in subsection (a)(2) to use as a mechanism to address and solve long-term water needs in a sustainable and equitable manner.CommentsClose CommentsPermalink
(c) Report- The Secretary shall ensure that a report containing the results of the Integrated Regional Water Management Plan for the hydrologic regions is submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives not later than 24 months after financial assistance is made available to the California Water Institute under subsection (a)(1).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $1,000,000 to remain available until expended.CommentsClose CommentsPermalink
PART III--FRIANT DIVISION IMPROVEMENTS
SEC. 1031. FEDERAL FACILITY IMPROVEMENTS.
(a) The Secretary of the Interior (hereafter referred to as the ‘Secretary’) is authorized and directed to conduct feasibility studies in coordination with appropriate Federal, State, regional, and local authorities on the following improvements and facilities in the Friant Division, Central Valley Project, California:CommentsClose CommentsPermalink
(1) Restoration of the capacity of the Friant-Kern Canal and Madera Canal to such capacity as previously designed and constructed by the Bureau of Reclamation.CommentsClose CommentsPermalink
(2) Reverse flow pump-back facilities on the Friant-Kern Canal, with reverse-flow capacity of approximately 500 cubic feet per second at the Poso and Shafter Check Structures and approximately 300 cubic feet per second at the Woollomes Check Structure.CommentsClose CommentsPermalink
(b) Upon completion of and consistent with the applicable feasibility studies, the Secretary is authorized to construct the improvements and facilities identified in subsection (a) in accordance with all applicable Federal and State laws.CommentsClose CommentsPermalink
(c) The costs of implementing this section shall be in accordance with section 1033, and shall be a nonreimbursable Federal expenditure.CommentsClose CommentsPermalink
SEC. 1032. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.
(a) Authorization- The Secretary is authorized to provide financial assistance to local agencies within the Central Valley Project, California, for the planning, design, environmental compliance, and construction of local facilities to bank water underground or to recharge groundwater, and that recover such water, provided that the project meets the criteria in subsection (b). The Secretary is further authorized to require that any such local agency receiving financial assistance under the terms of this section submit progress reports and accountings to the Secretary, as the Secretary deems appropriate, which such reports shall be publicly available.CommentsClose CommentsPermalink
(b) Criteria-CommentsClose CommentsPermalink
(1) A project shall be eligible for Federal financial assistance under subsection (a) only if all or a portion of the project is designed to reduce, avoid, or offset the quantity of the expected water supply impacts to Friant Division long-term contractors caused by the Interim or Restoration Flows authorized in part I of this subtitle, and such quantities have not already been reduced, avoided, or offset by other programs or projects.CommentsClose CommentsPermalink
(2) Federal financial assistance shall only apply to the portion of a project that the local agency designates as reducing, avoiding, or offsetting the expected water supply impacts caused by the Interim or Restoration Flows authorized in part I of this subtitle, consistent with the methodology developed pursuant to paragraph (3)(C).CommentsClose CommentsPermalink
(3) No Federal financial assistance shall be provided by the Secretary under this part for construction of a project under subsection (a) unless the Secretary--CommentsClose CommentsPermalink
(A) determines that appropriate planning, design, and environmental compliance activities associated with such a project have been completed, and that the Secretary has been offered the opportunity to participate in the project at a price that is no higher than the local agency’s own costs, in order to secure necessary storage, extraction, and conveyance rights for water that may be needed to meet the Restoration Goal as described in part I of this subtitle, where such project has capacity beyond that designated for the purposes in paragraph (2) or where it is feasible to expand such project to allow participation by the Secretary;CommentsClose CommentsPermalink
(B) determines, based on information available at the time, that the local agency has the financial capability and willingness to fund its share of the project’s construction and all operation and maintenance costs on an annual basis;CommentsClose CommentsPermalink
(C) determines that a method acceptable to the Secretary has been developed for quantifying the benefit, in terms of reduction, avoidance, or offset of the water supply impacts expected to be caused by the Interim or Restoration Flows authorized in part I of this subtitle, that will result from the project, and for ensuring appropriate adjustment in the recovered water account pursuant to section 1004(a)(5); andCommentsClose CommentsPermalink
(D) has entered into a cost-sharing agreement with the local agency which commits the local agency to funding its share of the project’s construction costs on an annual basis.CommentsClose CommentsPermalink
(c) Guidelines- Within 1 year from the date of enactment of this part, the Secretary shall develop, in consultation with the Friant Division long-term contractors, proposed guidelines for the application of the criteria defined in subsection (b), and will make the proposed guidelines available for public comment. Such guidelines may consider prioritizing the distribution of available funds to projects that provide the broadest benefit within the affected area and the equitable allocation of funds. Upon adoption of such guidelines, the Secretary shall implement such assistance program, subject to the availability of funds appropriated for such purpose.CommentsClose CommentsPermalink
(d) Cost Sharing- The Federal financial assistance provided to local agencies under subsection (a) shall not exceed--CommentsClose CommentsPermalink
(1) 50 percent of the costs associated with planning, design, and environmental compliance activities associated with such a project; andCommentsClose CommentsPermalink
(2) 50 percent of the costs associated with construction of any such project.CommentsClose CommentsPermalink
(e) Project Ownership-CommentsClose CommentsPermalink
(1) Title to, control over, and operation of, projects funded under subsection (a) shall remain in one or more non-Federal local agencies. Nothing in this part authorizes the Secretary to operate a groundwater bank along or adjacent to the San Joaquin River upstream of the confluence with the Merced River, and any such groundwater bank shall be operated by a non-Federal entity. All projects funded pursuant to this subsection shall comply with all applicable Federal and State laws, including provisions of California water law.CommentsClose CommentsPermalink
(2) All operation, maintenance, and replacement and rehabilitation costs of such projects shall be the responsibility of the local agency. The Secretary shall not provide funding for any operation, maintenance, or replacement and rehabilitation costs of projects funded under subsection (a).CommentsClose CommentsPermalink
SEC. 1033. AUTHORIZATION OF APPROPRIATIONS.
(a) The Secretary is authorized and directed to use monies from the fund established under section 1009 to carry out the provisions of section 1031(a)(1), in an amount not to exceed $35,000,000.CommentsClose CommentsPermalink
(b) In addition to the funds made available pursuant to subsection (a), the Secretary is also authorized to expend such additional funds from the fund established under section 1009 to carry out the purposes of section 1031(a)(2), if such facilities have not already been authorized and funded under the plan provided for pursuant to section 1004(a)(4), in an amount not to exceed $17,000,000, provided that the Secretary first determines that such expenditure will not conflict with or delay his implementation of actions required by part I of this subtitle. Notice of the Secretary’s determination shall be published not later than his submission of the report to Congress required by section 1009(f)(2).CommentsClose CommentsPermalink
(c) In addition to funds made available in subsections (a) and (b), there are authorized to be appropriated $50,000,000 (October 2008 price levels) to carry out the purposes of this part which shall be non-reimbursable.CommentsClose CommentsPermalink
Subtitle B--Northwestern New Mexico Rural Water ProjectsCommentsClose CommentsPermalink
SEC. 1041. SHORT TITLE.
This subtitle may be cited as the ‘Northwestern New Mexico Rural Water Projects Act’.CommentsClose CommentsPermalink
SEC. 1042. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) AAMODT ADJUDICATION- The term ‘Aamodt adjudication’ means the general stream adjudication that is the subject of the civil action entitled ‘State of New Mexico, ex rel. State Engineer and United States of America, Pueblo de Nambe, Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque v. R. Lee Aamodt, et al.’, No. 66 CV 6639 MV/LCS (D.N.M.).CommentsClose CommentsPermalink
(2) ABEYTA ADJUDICATION- The term ‘Abeyta adjudication’ means the general stream adjudication that is the subject of the civil actions entitled ‘State of New Mexico v. Abeyta and State of New Mexico v. Arrellano’, Civil Nos. 7896-BB (D.N.M) and 7939-BB (D.N.M.) (consolidated).CommentsClose CommentsPermalink
(3) ACRE-FEET- The term ‘acre-feet’ means acre-feet per year.CommentsClose CommentsPermalink
(4) AGREEMENT- The term ‘Agreement’ means the agreement among the State of New Mexico, the Nation, and the United States setting forth a stipulated and binding agreement signed by the State of New Mexico and the Nation on April 19, 2005.CommentsClose CommentsPermalink
(5) ALLOTTEE- The ‘allottee’ means a person that holds a beneficial real property interest in a Navajo allotment that--CommentsClose CommentsPermalink
(A) is located within the Navajo Reservation or the State of New Mexico;CommentsClose CommentsPermalink
(B) is held in trust by the United States; andCommentsClose CommentsPermalink
(C) was originally granted to an individual member of the Nation by public land order or otherwise.CommentsClose CommentsPermalink
(6) ANIMAS-LA PLATA PROJECT- The term ‘Animas-La Plata Project’ has the meaning given the term in section 3 of
(7) CITY- The term ‘City’ means the city of Gallup, New Mexico, or a designee of the City, with authority to provide water to the Gallup, New Mexico service area.CommentsClose CommentsPermalink
(8) COMPACT- The term ‘Compact’ means the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31, chapter 48).CommentsClose CommentsPermalink
(9) CONTRACT- The term ‘Contract’ means the contract between the United States and the Nation setting forth certain commitments, rights, and obligations of the United States and the Nation, as described in paragraph 6.0 of the Agreement.CommentsClose CommentsPermalink
(10) DEPLETION- The term ‘depletion’ means the depletion of the flow of the San Juan River stream system in the State of New Mexico by a particular use of water (including any depletion incident to the use) and represents the diversion from the stream system by the use, less return flows to the stream system from the use.CommentsClose CommentsPermalink
(11) DRAFT IMPACT STATEMENT- The term ‘Draft Impact Statement’ means the draft environmental impact statement prepared by the Bureau of Reclamation for the Project dated March 2007.CommentsClose CommentsPermalink
(12) FUND- The term ‘Fund’ means the Reclamation Waters Settlements Fund established by section 1061(a).CommentsClose CommentsPermalink
(13) HYDROLOGIC DETERMINATION- The term ‘hydrologic determination’ means the hydrologic determination entitled ‘Water Availability from Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico,’ prepared by the Bureau of Reclamation pursuant to section 11 of the Act of June 13, 1962 (
(14) NATION- The term ‘Nation’ means the Navajo Nation, a body politic and federally-recognized Indian nation as provided for in section 101(2) of the Federally Recognized Indian Tribe List of 1994 (
(15) NAVAJO-GALLUP WATER SUPPLY PROJECT; PROJECT- The term ‘Navajo-Gallup Water Supply Project’ or ‘Project’ means the Navajo-Gallup Water Supply Project authorized under section 1072(a), as described as the preferred alternative in the Draft Impact Statement.CommentsClose CommentsPermalink
(16) NAVAJO INDIAN IRRIGATION PROJECT- The term ‘Navajo Indian Irrigation Project’ means the Navajo Indian irrigation project authorized by section 2 of
(17) NAVAJO RESERVOIR- The term ‘Navajo Reservoir’ means the reservoir created by the impoundment of the San Juan River at Navajo Dam, as authorized by the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (
(18) NAVAJO NATION MUNICIPAL PIPELINE; PIPELINE- The term ‘Navajo Nation Municipal Pipeline’ or ‘Pipeline’ means the pipeline used to convey the water of the Animas-La Plata Project of the Navajo Nation from the City of Farmington, New Mexico, to communities of the Navajo Nation located in close proximity to the San Juan River Valley in the State of New Mexico (including the City of Shiprock), as authorized by section 15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (
(19) NON-NAVAJO IRRIGATION DISTRICTS- The term ‘Non-Navajo Irrigation Districts’ means--CommentsClose CommentsPermalink
(A) the Hammond Conservancy District;CommentsClose CommentsPermalink
(B) the Bloomfield Irrigation District; andCommentsClose CommentsPermalink
(C) any other community ditch organization in the San Juan River basin in the State of New Mexico.CommentsClose CommentsPermalink
(20) PARTIAL FINAL DECREE- The term ‘Partial Final Decree’ means a final and binding judgement and decree entered by a court in the stream adjudication, setting forth the rights of the Nation to use and administer waters of the San Juan River Basin in New Mexico, as set forth in Appendix 1 of the Agreement.CommentsClose CommentsPermalink
(21) PROJECT PARTICIPANTS- The term ‘Project Participants’ means the City, the Nation, and the Jicarilla Apache Nation.CommentsClose CommentsPermalink
(22) SAN JUAN RIVER BASIN RECOVERY IMPLEMENTATION PROGRAM- The term ‘San Juan River Basin Recovery Implementation Program’ means the intergovernmental program established pursuant to the cooperative agreement dated October 21, 1992 (including any amendments to the program).CommentsClose CommentsPermalink
(23) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Commissioner of Reclamation or any other designee.CommentsClose CommentsPermalink
(24) STREAM ADJUDICATION- The term ‘stream adjudication’ means the general stream adjudication that is the subject of New Mexico v. United States, et al., No. 75-185 (11th Jud. Dist., San Juan County, New Mexico) (involving claims to waters of the San Juan River and the tributaries of that river).CommentsClose CommentsPermalink
(25) SUPPLEMENTAL PARTIAL FINAL DECREE- The term ‘Supplemental Partial Final Decree’ means a final and binding judgement and decree entered by a court in the stream adjudication, setting forth certain water rights of the Nation, as set forth in Appendix 2 of the Agreement.CommentsClose CommentsPermalink
(26) TRUST FUND- The term ‘Trust Fund’ means the Navajo Nation Water Resources Development Trust Fund established by section 1082(a).CommentsClose CommentsPermalink
SEC. 1043. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) Effect of Execution of Agreement- The execution of the Agreement under section 1081(a)(2) shall not constitute a major Federal action under the National Environmental Policy Act of 1969 (
(b) Compliance With Environmental Laws- In carrying out this subtitle, the Secretary shall comply with each law of the Federal Government relating to the protection of the environment, including--CommentsClose CommentsPermalink
(1) the National Environmental Policy Act of 1969 (
(2) the Endangered Species Act of 1973 (
SEC. 1044. NO REALLOCATION OF COSTS.
(a) Effect of Act- Notwithstanding any other provision of law, the Secretary shall not reallocate or reassign any costs of projects that have been authorized under the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (
(1) the authorization of the Navajo-Gallup Water Supply Project under this subtitle; orCommentsClose CommentsPermalink
(2) the changes in the uses of the water diverted by the Navajo Indian Irrigation Project or the waters stored in the Navajo Reservoir authorized under this subtitle.CommentsClose CommentsPermalink
(b) Use of Power Revenues- Notwithstanding any other provision of law, no power revenues under the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (
SEC. 1045. INTEREST RATE.
Notwithstanding any other provision of law, the interest rate applicable to any repayment contract entered into under section 1074 shall be equal to the discount rate for Federal water resources planning, as determined by the Secretary.CommentsClose CommentsPermalink
PART I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND PUBLIC LAW 87-483
SEC. 1051. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT.
(a) Participating Projects- Paragraph (2) of the first section of the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (
(b) Navajo Reservoir Water Bank- The Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) is amended--CommentsClose CommentsPermalink
(1) by redesignating section 16 (
(2) by inserting after section 15 (
‘Sec. 16. (a) The Secretary of the Interior may create and operate within the available capacity of Navajo Reservoir a top water bank.CommentsClose CommentsPermalink
‘(b) Water made available for the top water bank in accordance with subsections (c) and (d) shall not be subject to section 11 of
Public Law 87-483 (76 Stat. 99).CommentsClose CommentsPermalink‘(c) The top water bank authorized under subsection (a) shall be operated in a manner that--CommentsClose CommentsPermalink
‘(1) is consistent with applicable law, except that, notwithstanding any other provision of law, water for purposes other than irrigation may be stored in the Navajo Reservoir pursuant to the rules governing the top water bank established under this section; andCommentsClose CommentsPermalink
‘(2) does not impair the ability of the Secretary of the Interior to deliver water under contracts entered into under--CommentsClose CommentsPermalink
‘(A)
Public Law 87-483 (76 Stat. 96); andCommentsClose CommentsPermalink‘(B) New Mexico State Engineer File Nos. 2847, 2848, 2849, and 2917.CommentsClose CommentsPermalink
‘(d)(1) The Secretary of the Interior, in cooperation with the State of New Mexico (acting through the Interstate Stream Commission), shall develop any terms and procedures for the storage, accounting, and release of water in the top water bank that are necessary to comply with subsection (c).CommentsClose CommentsPermalink
‘(2) The terms and procedures developed under paragraph (1) shall include provisions requiring that--CommentsClose CommentsPermalink
‘(A) the storage of banked water shall be subject to approval under State law by the New Mexico State Engineer to ensure that impairment of any existing water right does not occur, including storage of water under New Mexico State Engineer File No. 2849;CommentsClose CommentsPermalink
‘(B) water in the top water bank be subject to evaporation and other losses during storage;CommentsClose CommentsPermalink
‘(C) water in the top water bank be released for delivery to the owner or assigns of the banked water on request of the owner, subject to reasonable scheduling requirements for making the release;CommentsClose CommentsPermalink
‘(D) water in the top water bank be the first water spilled or released for flood control purposes in anticipation of a spill, on the condition that top water bank water shall not be released or included for purposes of calculating whether a release should occur for purposes of satisfying the flow recommendations of the San Juan River Basin Recovery Implementation Program; andCommentsClose CommentsPermalink
‘(E) water eligible for banking in the top water bank shall be water that otherwise would have been diverted and beneficially used in New Mexico that year.CommentsClose CommentsPermalink
‘(e) The Secretary of the Interior may charge fees to water users that use the top water bank in amounts sufficient to cover the costs incurred by the United States in administering the water bank.’.CommentsClose CommentsPermalink
SEC. 1052. AMENDMENTS TO PUBLIC LAW 87-483.
(a) Navajo Indian Irrigation Project-
‘Sec. 2. (a) In accordance with the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (
43 U.S.C. 620 et seq.), the Secretary of the Interior is authorized to construct, operate, and maintain the Navajo Indian Irrigation Project to provide irrigation water to a service area of not more than 110,630 acres of land.CommentsClose CommentsPermalink‘(b)(1) Subject to paragraph (2), the average annual diversion by the Navajo Indian Irrigation Project from the Navajo Reservoir over any consecutive 10-year period shall be the lesser of--CommentsClose CommentsPermalink
‘(A) 508,000 acre-feet per year; orCommentsClose CommentsPermalink
‘(B) the quantity of water necessary to supply an average depletion of 270,000 acre-feet per year.CommentsClose CommentsPermalink
‘(2) The quantity of water diverted for any 1 year shall not exceed the average annual diversion determined under paragraph (1) by more than 15 percent.CommentsClose CommentsPermalink
‘(c) In addition to being used for irrigation, the water diverted by the Navajo Indian Irrigation Project under subsection (b) may be used within the area served by Navajo Indian Irrigation Project facilities for the following purposes:CommentsClose CommentsPermalink
‘(1) Aquaculture purposes, including the rearing of fish in support of the San Juan River Basin Recovery Implementation Program authorized by
Public Law 106-392 (114 Stat. 1602).CommentsClose CommentsPermalink‘(2) Domestic, industrial, or commercial purposes relating to agricultural production and processing.CommentsClose CommentsPermalink
‘(3)(A) The generation of hydroelectric power as an incident to the diversion of water by the Navajo Indian Irrigation Project for authorized purposes.CommentsClose CommentsPermalink
‘(B) Notwithstanding any other provision of law--CommentsClose CommentsPermalink
‘(i) any hydroelectric power generated under this paragraph shall be used or marketed by the Navajo Nation;CommentsClose CommentsPermalink
‘(ii) the Navajo Nation shall retain any revenues from the sale of the hydroelectric power; andCommentsClose CommentsPermalink
‘(iii) the United States shall have no trust obligation to monitor, administer, or account for the revenues received by the Navajo Nation, or the expenditure of the revenues.CommentsClose CommentsPermalink
‘(4) The implementation of the alternate water source provisions described in subparagraph 9.2 of the agreement executed under section 1081(a)(2) of the Northwestern New Mexico Rural Water Projects Act.CommentsClose CommentsPermalink
‘(d) The Navajo Indian Irrigation Project water diverted under subsection (b) may be transferred to areas located within or outside the area served by Navajo Indian Irrigation Project facilities, and within or outside the boundaries of the Navajo Nation, for any beneficial use in accordance with--CommentsClose CommentsPermalink
‘(1) the agreement executed under section 1081(a)(2) of the Northwestern New Mexico Rural Water Projects Act;CommentsClose CommentsPermalink
‘(2) the contract executed under section 1074(a)(2)(B) of that Act; andCommentsClose CommentsPermalink
‘(3) any other applicable law.CommentsClose CommentsPermalink
‘(e) The Secretary may use the capacity of the Navajo Indian Irrigation Project works to convey water supplies for--CommentsClose CommentsPermalink
‘(1) the Navajo-Gallup Water Supply Project under section 1072 of the Northwestern New Mexico Rural Water Projects Act; orCommentsClose CommentsPermalink
‘(2) other nonirrigation purposes authorized under subsection (c) or (d).CommentsClose CommentsPermalink
‘(f)(1) Repayment of the costs of construction of the project (as authorized in subsection (a)) shall be in accordance with the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (
43 U.S.C. 620 et seq.), including section 4(d) of that Act.CommentsClose CommentsPermalink‘(2) The Secretary shall not reallocate, or require repayment of, construction costs of the Navajo Indian Irrigation Project because of the conveyance of water supplies for nonirrigation purposes under subsection (e).’.CommentsClose CommentsPermalink
(b) Runoff Above Navajo Dam- Section 11 of
‘(d)(1) For purposes of implementing in a year of prospective shortage the water allocation procedures established by subsection (a), the Secretary of the Interior shall determine the quantity of any shortages and the appropriate apportionment of water using the normal diversion requirements on the flow of the San Juan River originating above Navajo Dam based on the following criteria:CommentsClose CommentsPermalink
‘(A) The quantity of diversion or water delivery for the current year anticipated to be necessary to irrigate land in accordance with cropping plans prepared by contractors.CommentsClose CommentsPermalink
‘(B) The annual diversion or water delivery demands for the current year anticipated for non-irrigation uses under water delivery contracts, including contracts authorized by the Northwestern New Mexico Rural Water Projects Act, but excluding any current demand for surface water for placement into aquifer storage for future recovery and use.CommentsClose CommentsPermalink
‘(C) An annual normal diversion demand of 135,000 acre-feet for the initial stage of the San Juan-Chama Project authorized by section 8.CommentsClose CommentsPermalink
‘(2) The Secretary shall not include in the normal diversion requirements--CommentsClose CommentsPermalink
‘(A) the quantity of water that reliably can be anticipated to be diverted or delivered under a contract from inflows to the San Juan River arising below Navajo Dam under New Mexico State Engineer File No. 3215; orCommentsClose CommentsPermalink
‘(B) the quantity of water anticipated to be supplied through reuse.CommentsClose CommentsPermalink
‘(e)(1) If the Secretary determines that there is a shortage of water under subsection (a), the Secretary shall respond to the shortage in the Navajo Reservoir water supply by curtailing releases and deliveries in the following order:CommentsClose CommentsPermalink
‘(A) The demand for delivery for uses in the State of Arizona under the Navajo-Gallup Water Supply Project authorized by section 1073 of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for the uses from inflows to the San Juan River that arise below Navajo Dam in accordance with New Mexico State Engineer File No. 3215.CommentsClose CommentsPermalink
‘(B) The demand for delivery for uses allocated under paragraph 8.2 of the agreement executed under section 1081(a)(2) of the Northwestern New Mexico Rural Water Projects Act, excluding the quantity of water anticipated to be diverted for such uses under State Engineer File No. 3215.CommentsClose CommentsPermalink
‘(C) The uses in the State of New Mexico that are determined under subsection (d), in accordance with the procedure for apportioning the water supply under subsection (a).CommentsClose CommentsPermalink
‘(2) For any year for which the Secretary determines and responds to a shortage in the Navajo Reservoir water supply, the Secretary shall not deliver, and contractors of the water supply shall not divert, any of the water supply for placement into aquifer storage for future recovery and use.CommentsClose CommentsPermalink
‘(3) To determine the occurrence and amount of any shortage to contracts entered into under this section, the Secretary shall not include as available storage any water stored in a top water bank in Navajo Reservoir established under section 16(a) of the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’).CommentsClose CommentsPermalink
‘(f) The Secretary of the Interior shall apportion water under subsections (a), (d), and (e) on an annual volume basis.CommentsClose CommentsPermalink
‘(g) The Secretary of the Interior may revise a determination of shortages, apportionments, or allocations of water under subsections (a), (d), and (e) on the basis of information relating to water supply conditions that was not available at the time at which the determination was made.CommentsClose CommentsPermalink
‘(h) Nothing in this section prohibits the distribution of water in accordance with cooperative water agreements between water users providing for a sharing of water supplies.CommentsClose CommentsPermalink
‘(i) Diversions under New Mexico State Engineer File No. 3215 shall be distributed, to the maximum extent water is available, in proportionate amounts to the diversion demands of contractors and subcontractors of the Navajo Reservoir water supply that are diverting water below Navajo Dam.’.CommentsClose CommentsPermalink
SEC. 1053. EFFECT ON FEDERAL WATER LAW.
Unless expressly provided in this subtitle, nothing in this subtitle modifies, conflicts with, preempts, or otherwise affects--CommentsClose CommentsPermalink
(1) the Boulder Canyon Project Act (
(2) the Boulder Canyon Project Adjustment Act (54 Stat. 774, chapter 643);CommentsClose CommentsPermalink
(3) the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (
(4) the Act of September 30, 1968 (commonly known as the ‘Colorado River Basin Project Act’) (82 Stat. 885);CommentsClose CommentsPermalink
(5)
(6) the Treaty between the United States of America and Mexico representing utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219);CommentsClose CommentsPermalink
(7) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000);CommentsClose CommentsPermalink
(8) the Compact;CommentsClose CommentsPermalink
(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);CommentsClose CommentsPermalink
(10) the Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. 2237); orCommentsClose CommentsPermalink
(11) section 205 of the Energy and Water Development Appropriations Act, 2005 (118 Stat. 2949).CommentsClose CommentsPermalink
PART II--RECLAMATION WATER SETTLEMENTS FUND
SEC. 1061. RECLAMATION WATER SETTLEMENTS FUND.
(a) Establishment- There is established in the Treasury of the United States a fund, to be known as the ‘Reclamation Water Settlements Fund’, consisting of--CommentsClose CommentsPermalink
(1) such amounts as are deposited to the Fund under subsection (b); andCommentsClose CommentsPermalink
(2) any interest earned on investment of amounts in the Fund under subsection (d).CommentsClose CommentsPermalink
(b) Deposits to Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- For each of fiscal years 2009 through 2023, the Secretary of the Treasury shall deposit in the Fund, if available, $120,000,000 of the revenues that would otherwise be deposited for the fiscal year in the fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).CommentsClose CommentsPermalink
(2) AVAILABILITY OF AMOUNTS- Amounts deposited in the Fund under paragraph (1) shall be made available pursuant to this section--CommentsClose CommentsPermalink
(A) without further appropriation; andCommentsClose CommentsPermalink
(B) in addition to amounts appropriated pursuant to any authorization contained in any other provision of law.CommentsClose CommentsPermalink
(c) Expenditures From Fund-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(A) EXPENDITURES- Subject to subparagraph (B), for each of fiscal years 2009 through 2028, the Secretary may expend from the Fund an amount not to exceed $120,000,000, plus the interest accrued in the Fund, for the fiscal year in which expenditures are made pursuant to paragraphs (2) and (3).CommentsClose CommentsPermalink
(B) ADDITIONAL EXPENDITURES- The Secretary may expend more than $120,000,000 for any fiscal year if such amounts are available in the Fund due to expenditures not reaching $120,000,000 for prior fiscal years.CommentsClose CommentsPermalink
(2) AUTHORITY- The Secretary may expend money from the Fund to implement a settlement agreement approved by Congress that resolves, in whole or in part, litigation involving the United States, if the settlement agreement or implementing legislation requires the Bureau of Reclamation to provide financial assistance for, or plan, design, and construct--CommentsClose CommentsPermalink
(A) water supply infrastructure; orCommentsClose CommentsPermalink
(B) a project--CommentsClose CommentsPermalink
(i) to rehabilitate a water delivery system to conserve water; orCommentsClose CommentsPermalink
(ii) to restore fish and wildlife habitat or otherwise improve environmental conditions associated with or affected by, or located within the same river basin as, a Federal reclamation project that is in existence on the date of enactment of this Act.CommentsClose CommentsPermalink
(3) USE FOR COMPLETION OF PROJECT AND OTHER SETTLEMENTS-CommentsClose CommentsPermalink
(A) PRIORITIES-CommentsClose CommentsPermalink
(i) FIRST PRIORITY-CommentsClose CommentsPermalink
(I) IN GENERAL- The first priority for expenditure of amounts in the Fund during the entire period in which the Fund is in existence shall be for the purposes described in, and in the order of, clauses (i) through (iv) of subparagraph (B).CommentsClose CommentsPermalink
(II) RESERVED AMOUNTS- The Secretary shall reserve amounts deposited into the Fund in accordance with subclause (I).CommentsClose CommentsPermalink
(ii) OTHER PURPOSES- Any amounts in the Fund that are not needed for the purposes described in subparagraph (B) may be used for other purposes authorized in paragraph (2).CommentsClose CommentsPermalink
(B) COMPLETION OF PROJECT-CommentsClose CommentsPermalink
(i) NAVAJO-GALLUP WATER SUPPLY PROJECT-CommentsClose CommentsPermalink
(I) IN GENERAL- Subject to subclause (II), effective beginning January 1, 2009, if, in the judgment of the Secretary on an annual basis the deadline described in section 1081(f)(1)(A)(ix) is unlikely to be met because a sufficient amount of funding is not otherwise available through appropriations made available pursuant to section 1079(a), the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs, and substantially complete as expeditiously as practicable, the construction of the water supply infrastructure authorized as part of the Project.CommentsClose CommentsPermalink
(II) MAXIMUM AMOUNT-CommentsClose CommentsPermalink
(aa) IN GENERAL- Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $500,000,000 for the period of fiscal years 2009 through 2018.CommentsClose CommentsPermalink
(bb) EXCEPTION- The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence.CommentsClose CommentsPermalink
(ii) OTHER NEW MEXICO SETTLEMENTS-CommentsClose CommentsPermalink
(I) IN GENERAL- Subject to subclause (II), effective beginning January 1, 2009, in addition to the funding made available under clause (i), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs of implementing the Indian water rights settlement agreements entered into by the State of New Mexico in the Aamodt adjudication and the Abeyta adjudication, if such settlements are subsequently approved and authorized by an Act of Congress.CommentsClose CommentsPermalink
(II) MAXIMUM AMOUNT- The amount expended under subclause (I) shall not exceed $250,000,000.CommentsClose CommentsPermalink
(iii) MONTANA SETTLEMENTS-CommentsClose CommentsPermalink
(I) IN GENERAL- Subject to subclause (II), effective beginning January 1, 2009, in addition to funding made available pursuant to clauses (i) and (ii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs of implementing Indian water rights settlement agreements entered into by the State of Montana with the Blackfeet Tribe, the Crow Tribe, or the Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Reservation in the judicial proceeding entitled ‘In re the General Adjudication of All the Rights to Use Surface and Groundwater in the State of Montana’, if a settlement or settlements are subsequently approved and authorized by an Act of Congress.CommentsClose CommentsPermalink
(II) MAXIMUM AMOUNT-CommentsClose CommentsPermalink
(aa) IN GENERAL- Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $350,000,000 for the period of fiscal years 2009 through 2018.CommentsClose CommentsPermalink
(bb) EXCEPTION- The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence.CommentsClose CommentsPermalink
(cc) OTHER FUNDING- The Secretary shall ensure that any such funding shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).CommentsClose CommentsPermalink
(iv) ARIZONA SETTLEMENT-CommentsClose CommentsPermalink
(I) IN GENERAL- Subject to subclause (II), effective beginning January 1, 2009, in addition to funding made available pursuant to clauses (i), (ii), and (iii), if in the judgment of the Secretary on an annual basis a sufficient amount of funding is not otherwise available through annual appropriations, the Secretary shall expend from the Fund such amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the Federal share of the costs of implementing an Indian water rights settlement agreement entered into by the State of Arizona with the Navajo Nation to resolve the water rights claims of the Nation in the Lower Colorado River basin in Arizona, if a settlement is subsequently approved and authorized by an Act of Congress.CommentsClose CommentsPermalink
(II) MAXIMUM AMOUNT-CommentsClose CommentsPermalink
(aa) IN GENERAL- Except as provided under item (bb), the amount expended under subclause (I) shall not exceed $100,000,000 for the period of fiscal years 2009 through 2018.CommentsClose CommentsPermalink
(bb) EXCEPTION- The limitation on the expenditure amount under item (aa) may be exceeded during the entire period in which the Fund is in existence.CommentsClose CommentsPermalink
(cc) OTHER FUNDING- The Secretary shall ensure that any such funding shall be provided in a manner that does not limit the funding available pursuant to clauses (i) and (ii).CommentsClose CommentsPermalink
(C) REVERSION- If the settlements described in clauses (ii) through (iv) of subparagraph (B) have not been approved and authorized by an Act of Congress by December 31, 2014, the amounts reserved for the settlements shall no longer be reserved by the Secretary pursuant to subparagraph (A)(i) and shall revert to the Fund for any authorized use, as determined by the Secretary.CommentsClose CommentsPermalink
(d) Investment of Amounts-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals.CommentsClose CommentsPermalink
(2) CREDITS TO FUND- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.CommentsClose CommentsPermalink
(e) Transfers of Amounts-CommentsClose CommentsPermalink
(1) IN GENERAL- The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.CommentsClose CommentsPermalink
(2) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.CommentsClose CommentsPermalink
(f) Termination- On September 30, 2028--CommentsClose CommentsPermalink
(1) the Fund shall terminate; andCommentsClose CommentsPermalink
(2) the unexpended and unobligated balance of the Fund shall be transferred to the appropriate fund of the Treasury.CommentsClose CommentsPermalink
PART III--NAVAJO-GALLUP WATER SUPPLY PROJECT
SEC. 1071. PURPOSES.
The purposes of this part are--CommentsClose CommentsPermalink
(1) to authorize the Secretary to construct, operate, and maintain the Navajo-Gallup Water Supply Project;CommentsClose CommentsPermalink
(2) to allocate the capacity of the Project among the Nation, the City, and the Jicarilla Apache Nation; andCommentsClose CommentsPermalink
(3) to authorize the Secretary to enter into Project repayment contracts with the City and the Jicarilla Apache Nation.CommentsClose CommentsPermalink
SEC. 1072. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY PROJECT.
(a) In General- The Secretary, acting through the Commissioner of Reclamation, is authorized to design, construct, operate, and maintain the Project in substantial accordance with the preferred alternative in the Draft Impact Statement.CommentsClose CommentsPermalink
(b) Project Facilities- To provide for the delivery of San Juan River water to Project Participants, the Secretary may construct, operate, and maintain the Project facilities described in the preferred alternative in the Draft Impact Statement, including:CommentsClose CommentsPermalink
(1) A pumping plant on the San Juan River in the vicinity of Kirtland, New Mexico.CommentsClose CommentsPermalink
(2)(A) A main pipeline from the San Juan River near Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, New Mexico, which follows United States Highway 491.CommentsClose CommentsPermalink
(B) Any pumping plants associated with the pipeline authorized under subparagraph (A).CommentsClose CommentsPermalink
(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino, New Mexico, which follows United States Highway 550.CommentsClose CommentsPermalink
(B) Any pumping plants associated with the pipeline authorized under subparagraph (A).CommentsClose CommentsPermalink
(4)(A) Lateral pipelines from the main pipelines to Nation communities in the States of New Mexico and Arizona.CommentsClose CommentsPermalink
(B) Any pumping plants associated with the pipelines authorized under subparagraph (A).CommentsClose CommentsPermalink
(5) Any water regulation, storage or treatment facility, service connection to an existing public water supply system, power substation, power distribution works, or other appurtenant works (including a building or access road) that is related to the Project facilities authorized by paragraphs (1) through (4), including power transmission facilities and associated wheeling services to connect Project facilities to existing high-voltage transmission facilities and deliver power to the Project.CommentsClose CommentsPermalink
(c) Acquisition of Land-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to acquire any land or interest in land that is necessary to construct, operate, and maintain the Project facilities authorized under subsection (b).CommentsClose CommentsPermalink
(2) LAND OF THE PROJECT PARTICIPANTS- As a condition of construction of the facilities authorized under this part, the Project Participants shall provide all land or interest in land, as appropriate, that the Secretary identifies as necessary for acquisition under this subsection at no cost to the Secretary.CommentsClose CommentsPermalink
(3) LIMITATION- The Secretary may not condemn water rights for purposes of the Project.CommentsClose CommentsPermalink
(d) Conditions-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall not commence construction of the facilities authorized under subsection (b) until such time as--CommentsClose CommentsPermalink
(A) the Secretary executes the Agreement and the Contract;CommentsClose CommentsPermalink
(B) the contracts authorized under section 1074 are executed;CommentsClose CommentsPermalink
(C) the Secretary--CommentsClose CommentsPermalink
(i) completes an environmental impact statement for the Project; andCommentsClose CommentsPermalink
(ii) has issued a record of decision that provides for a preferred alternative; andCommentsClose CommentsPermalink
(D) the Secretary has entered into an agreement with the State of New Mexico under which the State of New Mexico will provide a share of the construction costs of the Project of not less than $50,000,000, except that the State of New Mexico shall receive credit for funds the State has contributed to construct water conveyance facilities to the Project Participants to the extent that the facilities reduce the cost of the Project as estimated in the Draft Impact Statement.CommentsClose CommentsPermalink
(2) EXCEPTION- If the Jicarilla Apache Nation elects not to enter into a contract pursuant to section 1074, the Secretary, after consulting with the Nation, the City, and the State of New Mexico acting through the Interstate Stream Commission, may make appropriate modifications to the scope of the Project and proceed with Project construction if all other conditions for construction have been satisfied.CommentsClose CommentsPermalink
(3) EFFECT OF INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT- The Indian Self-Determination and Education Assistance Act (
(e) Power- The Secretary shall reserve, from existing reservations of Colorado River Storage Project power for Bureau of Reclamation projects, up to 26 megawatts of power for use by the Project.CommentsClose CommentsPermalink
(f) Conveyance of Title to Project Facilities-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to enter into separate agreements with the City and the Nation and, on entering into the agreements, shall convey title to each Project facility or section of a Project facility authorized under subsection (b) (including any appropriate interests in land) to the City and the Nation after--CommentsClose CommentsPermalink
(A) completion of construction of a Project facility or a section of a Project facility that is operating and delivering water; andCommentsClose CommentsPermalink
(B) execution of a Project operations agreement approved by the Secretary and the Project Participants that sets forth--CommentsClose CommentsPermalink
(i) any terms and conditions that the Secretary determines are necessary--CommentsClose CommentsPermalink
(I) to ensure the continuation of the intended benefits of the Project; andCommentsClose CommentsPermalink
(II) to fulfill the purposes of this part;CommentsClose CommentsPermalink
(ii) requirements acceptable to the Secretary and the Project Participants for--CommentsClose CommentsPermalink
(I) the distribution of water under the Project or section of a Project facility; andCommentsClose CommentsPermalink
(II) the allocation and payment of annual operation, maintenance, and replacement costs of the Project or section of a Project facility based on the proportionate uses of Project facilities; andCommentsClose CommentsPermalink
(iii) conditions and requirements acceptable to the Secretary and the Project Participants for operating and maintaining each Project facility on completion of the conveyance of title, including the requirement that the City and the Nation shall--CommentsClose CommentsPermalink
(I) comply with--CommentsClose CommentsPermalink
(aa) the Compact; andCommentsClose CommentsPermalink
(bb) other applicable law; andCommentsClose CommentsPermalink
(II) be responsible for--CommentsClose CommentsPermalink
(aa) the operation, maintenance, and replacement of each Project facility; andCommentsClose CommentsPermalink
(bb) the accounting and management of water conveyance and Project finances, as necessary to administer and fulfill the conditions of the Contract executed under section 1074(a)(2)(B).CommentsClose CommentsPermalink
(2) EFFECT OF CONVEYANCE- The conveyance of title to each Project facility shall not affect the application of the Endangered Species Act of 1973 (
(3) LIABILITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Effective on the date of the conveyance authorized by this subsection, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, other than damages caused by acts of negligence committed by the United States, or by employees or agents of the United States, prior to the date of conveyance.CommentsClose CommentsPermalink
(B) TORT CLAIMS- Nothing in this section increases the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the ‘Federal Tort Claims Act’).CommentsClose CommentsPermalink
(4) NOTICE OF PROPOSED CONVEYANCE- Not later than 45 days before the date of a proposed conveyance of title to any Project facility, the Secretary shall submit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate notice of the conveyance of each Project facility.CommentsClose CommentsPermalink
(g) Colorado River Storage Project Power- The conveyance of Project facilities under subsection (f) shall not affect the availability of Colorado River Storage Project power to the Project under subsection (e).CommentsClose CommentsPermalink
(h) Regional Use of Project Facilities-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), Project facilities constructed under subsection (b) may be used to treat and convey non-Project water or water that is not allocated by subsection 1073(b) if--CommentsClose CommentsPermalink
(A) capacity is available without impairing any water delivery to a Project Participant; andCommentsClose CommentsPermalink
(B) the unallocated or non-Project water beneficiary--CommentsClose CommentsPermalink
(i) has the right to use the water;CommentsClose CommentsPermalink
(ii) agrees to pay the operation, maintenance, and replacement costs assignable to the beneficiary for the use of the Project facilities; andCommentsClose CommentsPermalink
(iii) agrees to pay an appropriate fee that may be established by the Secretary to assist in the recovery of any capital cost allocable to that use.CommentsClose CommentsPermalink
(2) EFFECT OF PAYMENTS- Any payments to the United States or the Nation for the use of unused capacity under this subsection or for water under any subcontract with the Nation or the Jicarilla Apache Nation shall not alter the construction repayment requirements or the operation, maintenance, and replacement payment requirements of the Project Participants.CommentsClose CommentsPermalink
SEC. 1073. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT WATER.
(a) Use of Project Water-CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with this subtitle and other applicable law, water supply from the Project shall be used for municipal, industrial, commercial, domestic, and stock watering purposes.CommentsClose CommentsPermalink
(2) USE ON CERTAIN LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), the Nation may use Project water allocations on--CommentsClose CommentsPermalink
(i) land held by the United States in trust for the Nation and members of the Nation; andCommentsClose CommentsPermalink
(ii) land held in fee by the Nation.CommentsClose CommentsPermalink
(B) TRANSFER- The Nation may transfer the purposes and places of use of the allocated water in accordance with the Agreement and applicable law.CommentsClose CommentsPermalink
(3) HYDROELECTRIC POWER-CommentsClose CommentsPermalink
(A) IN GENERAL- Hydroelectric power may be generated as an incident to the delivery of Project water for authorized purposes under paragraph (1).CommentsClose CommentsPermalink
(B) ADMINISTRATION- Notwithstanding any other provision of law--CommentsClose CommentsPermalink
(i) any hydroelectric power generated under this paragraph shall be used or marketed by the Nation;CommentsClose CommentsPermalink
(ii) the Nation shall retain any revenues from the sale of the hydroelectric power; andCommentsClose CommentsPermalink
(iii) the United States shall have no trust obligation or other obligation to monitor, administer, or account for the revenues received by the Nation, or the expenditure of the revenues.CommentsClose CommentsPermalink
(4) STORAGE-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), any water contracted for delivery under paragraph (1) that is not needed for current water demands or uses may be delivered by the Project for placement in underground storage in the State of New Mexico for future recovery and use.CommentsClose CommentsPermalink
(B) STATE APPROVAL- Delivery of water under subparagraph (A) is subject to--CommentsClose CommentsPermalink
(i) approval by the State of New Mexico under applicable provisions of State law relating to aquifer storage and recovery; andCommentsClose CommentsPermalink
(ii) the provisions of the Agreement and this subtitle.CommentsClose CommentsPermalink
(b) Project Water and Capacity Allocations-CommentsClose CommentsPermalink
(1) DIVERSION- Subject to availability and consistent with Federal and State law, the Project may divert from the Navajo Reservoir and the San Juan River a quantity of water to be allocated and used consistent with the Agreement and this subtitle, that does not exceed in any 1 year, the lesser of--CommentsClose CommentsPermalink
(A) 37,760 acre-feet of water; orCommentsClose CommentsPermalink
(B) the quantity of water necessary to supply a depletion from the San Juan River of 35,890 acre-feet.CommentsClose CommentsPermalink
(2) PROJECT DELIVERY CAPACITY ALLOCATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- The capacity of the Project shall be allocated to the Project Participants in accordance with subparagraphs (B) through (E), other provisions of this subtitle, and other applicable law.CommentsClose CommentsPermalink
(B) DELIVERY CAPACITY ALLOCATION TO THE CITY- The Project may deliver at the point of diversion from the San Juan River not more than 7,500 acre-feet of water in any 1 year for which the City has secured rights for the use of the City.CommentsClose CommentsPermalink
(C) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION COMMUNITIES IN NEW MEXICO- For use by the Nation in the State of New Mexico, the Project may deliver water out of the water rights held by the Secretary for the Nation and confirmed under this subtitle, at the points of diversion from the San Juan River or at Navajo Reservoir in any 1 year, the lesser of--CommentsClose CommentsPermalink
(i) 22,650 acre-feet of water; orCommentsClose CommentsPermalink
(ii) the quantity of water necessary to supply a depletion from the San Juan River of 20,780 acre-feet of water.CommentsClose CommentsPermalink
(D) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION COMMUNITIES IN ARIZONA- Subject to subsection (c), the Project may deliver at the point of diversion from the San Juan River not more than 6,411 acre-feet of water in any 1 year for use by the Nation in the State of Arizona.CommentsClose CommentsPermalink
(E) DELIVERY CAPACITY ALLOCATION TO JICARILLA APACHE NATION- The Project may deliver at Navajo Reservoir not more than 1,200 acre-feet of water in any 1 year of the water rights of the Jicarilla Apache Nation, held by the Secretary and confirmed by the Jicarilla Apache Tribe Water Rights Settlement Act (
(3) USE IN EXCESS OF DELIVERY CAPACITY ALLOCATION QUANTITY- Notwithstanding each delivery capacity allocation quantity limit described in subparagraphs (B), (C), and (E) of paragraph (2), the Secretary may authorize a Project Participant to exceed the delivery capacity allocation quantity limit of that Project Participant if--CommentsClose CommentsPermalink
(A) delivery capacity is available without impairing any water delivery to any other Project Participant; andCommentsClose CommentsPermalink
(B) the Project Participant benefitting from the increased allocation of delivery capacity--CommentsClose CommentsPermalink
(i) has the right under applicable law to use the additional water;CommentsClose CommentsPermalink
(ii) agrees to pay the operation, maintenance, and replacement costs relating to the additional use of any Project facility; andCommentsClose CommentsPermalink
(iii) agrees, if the Project title is held by the Secretary, to pay a fee established by the Secretary to assist in recovering capital costs relating to that additional use.CommentsClose CommentsPermalink
(c) Conditions for Use in Arizona-CommentsClose CommentsPermalink
(1) REQUIREMENTS- Project water shall not be delivered for use by any community of the Nation located in the State of Arizona under subsection (b)(2)(D) until--CommentsClose CommentsPermalink
(A) the Nation and the State of Arizona have entered into a water rights settlement agreement approved by an Act of Congress that specifies the allocation of Colorado River System water to which the use in Arizona will be charged; andCommentsClose CommentsPermalink
(B) the Secretary has determined by hydrologic investigation that sufficient water is reasonably likely to be available to supply the use in the State of Arizona from water of the Colorado River system allocated to the State.CommentsClose CommentsPermalink
(2) ACCOUNTING OF USES IN ARIZONA- Pursuant to paragraph (1), any depletion of water from the San Juan River stream system in the State of New Mexico that results from the diversion of water by the Project for uses within the State of Arizona (including depletion incidental to the diversion, impounding, or conveyance of water in the State of New Mexico for uses in the State of Arizona)--CommentsClose CommentsPermalink
(A) shall be accounted for as a part of the Colorado River System apportionments to the State of Arizona; andCommentsClose CommentsPermalink
(B) shall not increase the total quantity of water to which the State of Arizona is entitled to use under any compact, statute, or court decree.CommentsClose CommentsPermalink
(d) Forbearance-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraphs (2) and (3), during any year in which a shortage to the normal diversion requirement for any use relating to the Project within the State of Arizona occurs (as determined under section 11 of
(2) LIMITATION OF FORBEARANCE- The Nation may forebear the delivery of water under paragraph (1) of a quantity not exceeding the quantity of the shortage to the normal diversion requirement for any use relating to the Project within the State of Arizona.CommentsClose CommentsPermalink
(3) EFFECT- The forbearance of the delivery of water under paragraph (1) shall be subject to the requirements in subsection (c).CommentsClose CommentsPermalink
(e) Effect- Nothing in this subtitle--CommentsClose CommentsPermalink
(1) authorizes the marketing, leasing, or transfer of the water supplies made available to the Nation under the Contract to non-Navajo water users in States other than the State of New Mexico; orCommentsClose CommentsPermalink
(2) authorizes the forbearance of water uses in the State of New Mexico to allow uses of water in other States other than as authorized under subsection (d).CommentsClose CommentsPermalink
(f) Colorado River Compacts- Notwithstanding any other provision of law--CommentsClose CommentsPermalink
(1) water may be diverted by the Project from the San Juan River in the State of New Mexico for use within New Mexico in the lower basin, as that term is used in the Colorado River Compact;CommentsClose CommentsPermalink
(2) any water diverted under paragraph (1) shall be a part of, and charged against, the consumptive use apportionment made to the State of New Mexico by Article III(a) of the Compact and to the upper basin by Article III(a) of the Colorado River Compact; andCommentsClose CommentsPermalink
(3) any water so diverted by the Project into the lower basin within the State of New Mexico shall not be credited as water reaching Lee Ferry pursuant to Articles III(c) and III(d) of the Colorado River Compact.CommentsClose CommentsPermalink
(g) Payment of Operation, Maintenance, and Replacement Costs-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to pay the operation, maintenance, and replacement costs of the Project allocable to the Project Participants under section 1074 until the date on which the Secretary declares any section of the Project to be substantially complete and delivery of water generated by, and through, that section of the Project can be made to a Project participant.CommentsClose CommentsPermalink
(2) PROJECT PARTICIPANT PAYMENTS- Beginning on the date described in paragraph (1), each Project Participant shall pay all allocated operation, maintenance, and replacement costs for that substantially completed section of the Project, in accordance with contracts entered into pursuant to section 1074, except as provided in section 1074(f).CommentsClose CommentsPermalink
SEC. 1074. PROJECT CONTRACTS.
(a) Navajo Nation Contract-CommentsClose CommentsPermalink
(1) HYDROLOGIC DETERMINATION- Congress recognizes that the Hydrologic Determination necessary to support approval of the Contract has been completed.CommentsClose CommentsPermalink
(2) CONTRACT APPROVAL-CommentsClose CommentsPermalink
(A) APPROVAL-CommentsClose CommentsPermalink
(i) IN GENERAL- Except to the extent that any provision of the Contract conflicts with this subtitle, Congress approves, ratifies, and confirms the Contract.CommentsClose CommentsPermalink
(ii) AMENDMENTS- To the extent any amendment is executed to make the Contract consistent with this subtitle, that amendment is authorized, ratified, and confirmed.CommentsClose CommentsPermalink
(B) EXECUTION OF CONTRACT- The Secretary, acting on behalf of the United States, shall enter into the Contract to the extent that the Contract does not conflict with this subtitle (including any amendment that is required to make the Contract consistent with this subtitle).CommentsClose CommentsPermalink
(3) NONREIMBURSABILITY OF ALLOCATED COSTS- The following costs shall be nonreimbursable and not subject to repayment by the Nation or any other Project beneficiary:CommentsClose CommentsPermalink
(A) Any share of the construction costs of the Nation relating to the Project authorized by section 1072(a).CommentsClose CommentsPermalink
(B) Any costs relating to the construction of the Navajo Indian Irrigation Project that may otherwise be allocable to the Nation for use of any facility of the Navajo Indian Irrigation Project to convey water to each Navajo community under the Project.CommentsClose CommentsPermalink
(C) Any costs relating to the construction of Navajo Dam that may otherwise be allocable to the Nation for water deliveries under the Contract.CommentsClose CommentsPermalink
(4) OPERATION, MAINTENANCE, AND REPLACEMENT OBLIGATION- Subject to subsection (f), the Contract shall include provisions under which the Nation shall pay any costs relating to the operation, maintenance, and replacement of each facility of the Project that are allocable to the Nation.CommentsClose CommentsPermalink
(5) LIMITATION, CANCELLATION, TERMINATION, AND RESCISSION- The Contract may be limited by a term of years, canceled, terminated, or rescinded only by an Act of Congress.CommentsClose CommentsPermalink
(b) City of Gallup Contract-CommentsClose CommentsPermalink
(1) CONTRACT AUTHORIZATION- Consistent with this subtitle, the Secretary is authorized to enter into a repayment contract with the City that requires the City--CommentsClose CommentsPermalink
(A) to repay, within a 50-year period, the share of the construction costs of the City relating to the Project, with interest as provided under section 1045; andCommentsClose CommentsPermalink
(B) consistent with section 1073(g), to pay the operation, maintenance, and replacement costs of the Project that are allocable to the City.CommentsClose CommentsPermalink
(2) CONTRACT PREPAYMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The contract authorized under paragraph (1) may allow the City to satisfy the repayment obligation of the City for construction costs of the Project on the payment of the share of the City prior to the initiation of construction.CommentsClose CommentsPermalink
(B) AMOUNT- The amount of the share of the City described in subparagraph (A) shall be determined by agreement between the Secretary and the City.CommentsClose CommentsPermalink
(C) REPAYMENT OBLIGATION- Any repayment obligation established by the Secretary and the City pursuant to subparagraph (A) shall be subject to a final cost allocation by the Secretary on project completion and to the limitations set forth in paragraph (3).CommentsClose CommentsPermalink
(3) SHARE OF CONSTRUCTION COSTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), the Secretary shall determine the share of the construction costs of the Project allocable to the City and establish the percentage of the allocated construction costs that the City shall be required to repay pursuant to the contract entered into under paragraph (1), based on the ability of the City to pay.CommentsClose CommentsPermalink
(B) MINIMUM PERCENTAGE- Notwithstanding subparagraph (A), the repayment obligation of the City shall be at least 25 percent of the construction costs of the Project that are allocable to the City, but shall in no event exceed 35 percent.CommentsClose CommentsPermalink
(4) EXCESS CONSTRUCTION COSTS- Any construction costs of the Project allocable to the City in excess of the repayment obligation of the City, as determined under paragraph (3), shall be nonreimbursable.CommentsClose CommentsPermalink
(5) GRANT FUNDS- A grant from any other Federal source shall not be credited toward the amount required to be repaid by the City under a repayment contract.CommentsClose CommentsPermalink
(6) TITLE TRANSFER- If title is transferred to the City prior to repayment under section 1072(f), the City shall be required to provide assurances satisfactory to the Secretary of fulfillment of the remaining repayment obligation of the City.CommentsClose CommentsPermalink
(7) WATER DELIVERY SUBCONTRACT- The Secretary shall not enter into a contract under paragraph (1) with the City until the City has secured a water supply for the City’s portion of the Project described in section 1073(b)(2)(B), by entering into, as approved by the Secretary, a water delivery subcontract for a period of not less than 40 years beginning on the date on which the construction of any facility of the Project serving the City is completed, with--CommentsClose CommentsPermalink
(A) the Nation, as authorized by the Contract;CommentsClose CommentsPermalink
(B) the Jicarilla Apache Nation, as authorized by the settlement contract between the United States and the Jicarilla Apache Tribe, authorized by the Jicarilla Apache Tribe Water Rights Settlement Act (
(C) an acquired alternate source of water, subject to approval of the Secretary and the State of New Mexico, acting through the New Mexico Interstate Stream Commission and the New Mexico State Engineer.CommentsClose CommentsPermalink
(c) Jicarilla Apache Nation Contract-CommentsClose CommentsPermalink
(1) CONTRACT AUTHORIZATION- Consistent with this subtitle, the Secretary is authorized to enter into a repayment contract with the Jicarilla Apache Nation that requires the Jicarilla Apache Nation--CommentsClose CommentsPermalink
(A) to repay, within a 50-year period, the share of any construction cost of the Jicarilla Apache Nation relating to the Project, with interest as provided under section 1045; andCommentsClose CommentsPermalink
(B) consistent with section 1073(g), to pay the operation, maintenance, and replacement costs of the Project that are allocable to the Jicarilla Apache Nation.CommentsClose CommentsPermalink
(2) CONTRACT PREPAYMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The contract authorized under paragraph (1) may allow the Jicarilla Apache Nation to satisfy the repayment obligation of the Jicarilla Apache Nation for construction costs of the Project on the payment of the share of the Jicarilla Apache Nation prior to the initiation of construction.CommentsClose CommentsPermalink
(B) AMOUNT- The amount of the share of Jicarilla Apache Nation described in subparagraph (A) shall be determined by agreement between the Secretary and the Jicarilla Apache Nation.CommentsClose CommentsPermalink
(C) REPAYMENT OBLIGATION- Any repayment obligation established by the Secretary and the Jicarilla Apache Nation pursuant to subparagraph (A) shall be subject to a final cost allocation by the Secretary on project completion and to the limitations set forth in paragraph (3).CommentsClose CommentsPermalink
(3) SHARE OF CONSTRUCTION COSTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), the Secretary shall determine the share of the construction costs of the Project allocable to the Jicarilla Apache Nation and establish the percentage of the allocated construction costs of the Jicarilla Apache Nation that the Jicarilla Apache Nation shall be required to repay based on the ability of the Jicarilla Apache Nation to pay.CommentsClose CommentsPermalink
(B) MINIMUM PERCENTAGE- Notwithstanding subparagraph (A), the repayment obligation of the Jicarilla Apache Nation shall be at least 25 percent of the construction costs of the Project that are allocable to the Jicarilla Apache Nation, but shall in no event exceed 35 percent.CommentsClose CommentsPermalink
(4) EXCESS CONSTRUCTION COSTS- Any construction costs of the Project allocable to the Jicarilla Apache Nation in excess of the repayment obligation of the Jicarilla Apache Nation as determined under paragraph (3), shall be nonreimbursable.CommentsClose CommentsPermalink
(5) GRANT FUNDS- A grant from any other Federal source shall not be credited toward the share of the Jicarilla Apache Nation of construction costs.CommentsClose CommentsPermalink
(6) NAVAJO INDIAN IRRIGATION PROJECT COSTS- The Jicarilla Apache Nation shall have no obligation to repay any Navajo Indian Irrigation Project construction costs that might otherwise be allocable to the Jicarilla Apache Nation for use of the Navajo Indian Irrigation Project facilities to convey water to the Jicarilla Apache Nation, and any such costs shall be nonreimbursable.CommentsClose CommentsPermalink
(d) Capital Cost Allocations-CommentsClose CommentsPermalink
(1) IN GENERAL- For purposes of estimating the capital repayment requirements of the Project Participants under this section, the Secretary shall review and, as appropriate, update the Draft Impact Statement allocating capital construction costs for the Project.CommentsClose CommentsPermalink
(2) FINAL COST ALLOCATION- The repayment contracts entered into with Project Participants under this section shall require that the Secretary perform a final cost allocation when construction of the Project is determined to be substantially complete.CommentsClose CommentsPermalink
(3) REPAYMENT OBLIGATION- The Secretary shall determine the repayment obligation of the Project Participants based on the final cost allocation identifying reimbursable and nonreimbursable capital costs of the Project consistent with this subtitle.CommentsClose CommentsPermalink
(e) Operation, Maintenance, and Replacement Cost Allocations- For purposes of determining the operation, maintenance, and replacement obligations of the Project Participants under this section, the Secretary shall review and, as appropriate, update the Draft Impact Statement that allocates operation, maintenance, and replacement costs for the Project.CommentsClose CommentsPermalink
(f) Temporary Waivers of Payments-CommentsClose CommentsPermalink
(1) IN GENERAL- On the date on which the Secretary declares a section of the Project to be substantially complete and delivery of water generated by and through that section of the Project can be made to the Nation, the Secretary may waive, for a period of not more than 10 years, the operation, maintenance, and replacement costs allocable to the Nation for that section of the Project that the Secretary determines are in excess of the ability of the Nation to pay.CommentsClose CommentsPermalink
(2) SUBSEQUENT PAYMENT BY NATION- After a waiver under paragraph (1), the Nation shall pay all allocated operation, maintenance, and replacement costs of that section of the Project.CommentsClose CommentsPermalink
(3) PAYMENT BY UNITED STATES- Any operation, maintenance, or replacement costs waived by the Secretary under paragraph (1) shall be paid by the United States and shall be nonreimbursable.CommentsClose CommentsPermalink
(4) EFFECT ON CONTRACTS- Failure of the Secretary to waive costs under paragraph (1) because of a lack of availability of Federal funding to pay the costs under paragraph (3) shall not alter the obligations of the Nation or the United States under a repayment contract.CommentsClose CommentsPermalink
(5) TERMINATION OF AUTHORITY- The authority of the Secretary to waive costs under paragraph (1) with respect to a Project facility transferred to the Nation under section 1072(f) shall terminate on the date on which the Project facility is transferred.CommentsClose CommentsPermalink
(g) Project Construction Committee- The Secretary shall facilitate the formation of a project construction committee with the Project Participants and the State of New Mexico--CommentsClose CommentsPermalink
(1) to review cost factors and budgets for construction and operation and maintenance activities;CommentsClose CommentsPermalink
(2) to improve construction management through enhanced communication; andCommentsClose CommentsPermalink
(3) to seek additional ways to reduce overall Project costs.CommentsClose CommentsPermalink
SEC. 1075. NAVAJO NATION MUNICIPAL PIPELINE.
(a) Use of Navajo Nation Pipeline- In addition to use of the Navajo Nation Municipal Pipeline to convey the Animas-La Plata Project water of the Nation, the Nation may use the Navajo Nation Municipal Pipeline to convey non-Animas La Plata Project water for municipal and industrial purposes.CommentsClose CommentsPermalink
(b) Conveyance of Title to Pipeline-CommentsClose CommentsPermalink
(1) IN GENERAL- On completion of the Navajo Nation Municipal Pipeline, the Secretary may enter into separate agreements with the City of Farmington, New Mexico and the Nation to convey title to each portion of the Navajo Nation Municipal Pipeline facility or section of the Pipeline to the City of Farmington and the Nation after execution of a Project operations agreement approved by the Secretary, the Nation, and the City of Farmington that sets forth any terms and conditions that the Secretary determines are necessary.CommentsClose CommentsPermalink
(2) CONVEYANCE TO THE CITY OF FARMINGTON OR NAVAJO NATION- In conveying title to the Navajo Nation Municipal Pipeline under this subsection, the Secretary shall convey--CommentsClose CommentsPermalink
(A) to the City of Farmington, the facilities and any land or interest in land acquired by the United States for the construction, operation, and maintenance of the Pipeline that are located within the corporate boundaries of the City; andCommentsClose CommentsPermalink
(B) to the Nation, the facilities and any land or interests in land acquired by the United States for the construction, operation, and maintenance of the Pipeline that are located outside the corporate boundaries of the City of Farmington.CommentsClose CommentsPermalink
(3) EFFECT OF CONVEYANCE- The conveyance of title to the Pipeline shall not affect the application of the Endangered Species Act of 1973 (
(4) LIABILITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Effective on the date of the conveyance authorized by this subsection, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the land, buildings, or facilities conveyed under this subsection, other than damages caused by acts of negligence committed by the United States or by employees or agents of the United States prior to the date of conveyance.CommentsClose CommentsPermalink
(B) TORT CLAIMS- Nothing in this subsection increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the ‘Federal Tort Claims Act’).CommentsClose CommentsPermalink
(5) NOTICE OF PROPOSED CONVEYANCE- Not later than 45 days before the date of a proposed conveyance of title to the Pipeline, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, notice of the conveyance of the Pipeline.CommentsClose CommentsPermalink
SEC. 1076. AUTHORIZATION OF CONJUNCTIVE USE WELLS.
(a) Conjunctive Groundwater Development Plan- Not later than 1 year after the date of enactment of this Act, the Nation, in consultation with the Secretary, shall complete a conjunctive groundwater development plan for the wells described in subsections (b) and (c).CommentsClose CommentsPermalink
(b) Wells in the San Juan River Basin- In accordance with the conjunctive groundwater development plan, the Secretary may construct or rehabilitate wells and related pipeline facilities to provide capacity for the diversion and distribution of not more than 1,670 acre-feet of groundwater in the San Juan River Basin in the State of New Mexico for municipal and domestic uses.CommentsClose CommentsPermalink
(c) Wells in the Little Colorado and Rio Grande Basins-CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with the Project and conjunctive groundwater development plan for the Nation, the Secretary may construct or rehabilitate wells and related pipeline facilities to provide capacity for the diversion and distribution of--CommentsClose CommentsPermalink
(A) not more than 680 acre-feet of groundwater in the Little Colorado River Basin in the State of New Mexico;CommentsClose CommentsPermalink
(B) not more than 80 acre-feet of groundwater in the Rio Grande Basin in the State of New Mexico; andCommentsClose CommentsPermalink
(C) not more than 770 acre-feet of groundwater in the Little Colorado River Basin in the State of Arizona.CommentsClose CommentsPermalink
(2) USE- Groundwater diverted and distributed under paragraph (1) shall be used for municipal and domestic uses.CommentsClose CommentsPermalink
(d) Acquisition of Land-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary may acquire any land or interest in land that is necessary for the construction, operation, and maintenance of the wells and related pipeline facilities authorized under subsections (b) and (c).CommentsClose CommentsPermalink
(2) LIMITATION- Nothing in this subsection authorizes the Secretary to condemn water rights for the purposes described in paragraph (1).CommentsClose CommentsPermalink
(e) Condition- The Secretary shall not commence any construction activity relating to the wells described in subsections (b) and (c) until the Secretary executes the Agreement.CommentsClose CommentsPermalink
(f) Conveyance of Wells-CommentsClose CommentsPermalink
(1) IN GENERAL- On the determination of the Secretary that the wells and related facilities are substantially complete and delivery of water generated by the wells can be made to the Nation, an agreement with the Nation shall be entered into, to convey to the Nation title to--CommentsClose CommentsPermalink
(A) any well or related pipeline facility constructed or rehabilitated under subsections (a) and (b) after the wells and related facilities have been completed; andCommentsClose CommentsPermalink
(B) any land or interest in land acquired by the United States for the construction, operation, and maintenance of the well or related pipeline facility.CommentsClose CommentsPermalink
(2) OPERATION, MAINTENANCE, AND REPLACEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary is authorized to pay operation and maintenance costs for the wells and related pipeline facilities authorized under this subsection until title to the facilities is conveyed to the Nation.CommentsClose CommentsPermalink
(B) SUBSEQUENT ASSUMPTION BY NATION- On completion of a conveyance of title under paragraph (1), the Nation shall assume all responsibility for the operation and maintenance of the well or related pipeline facility conveyed.CommentsClose CommentsPermalink
(3) EFFECT OF CONVEYANCE- The conveyance of title to the Nation of the conjunctive use wells under paragraph (1) shall not affect the application of the Endangered Species Act of 1973 (
(g) Use of Project Facilities- The capacities of the treatment facilities, main pipelines, and lateral pipelines of the Project authorized by section 1072(b) may be used to treat and convey groundwater to Nation communities if the Nation provides for payment of the operation, maintenance, and replacement costs associated with the use of the facilities or pipelines.CommentsClose CommentsPermalink
(h) Limitations- The diversion and use of groundwater by wells constructed or rehabilitated under this section shall be made in a manner consistent with applicable Federal and State law.CommentsClose CommentsPermalink
SEC. 1077. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS.
(a) Rehabilitation- Subject to subsection (b), the Secretary shall rehabilitate--CommentsClose CommentsPermalink
(1) the Fruitland-Cambridge Irrigation Project to serve not more than 3,335 acres of land, which shall be considered to be the total serviceable area of the project; andCommentsClose CommentsPermalink
(2) the Hogback-Cudei Irrigation Project to serve not more than 8,830 acres of land, which shall be considered to be the total serviceable area of the project.CommentsClose CommentsPermalink
(b) Condition- The Secretary shall not commence any construction activity relating to the rehabilitation of the Fruitland-Cambridge Irrigation Project or the Hogback-Cudei Irrigation Project under subsection (a) until the Secretary executes the Agreement.CommentsClose CommentsPermalink
(c) Operation, Maintenance, and Replacement Obligation- The Nation shall continue to be responsible for the operation, maintenance, and replacement of each facility rehabilitated under this section.CommentsClose CommentsPermalink
SEC. 1078. OTHER IRRIGATION PROJECTS.
(a) In General- Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the State of New Mexico (acting through the Interstate Stream Commission) and the Non-Navajo Irrigation Districts that elect to participate, shall--CommentsClose CommentsPermalink
(1) conduct a study of Non-Navajo Irrigation District diversion and ditch facilities; andCommentsClose CommentsPermalink
(2) based on the study, identify and prioritize a list of projects, with associated cost estimates, that are recommended to be implemented to repair, rehabilitate, or reconstruct irrigation diversion and ditch facilities to improve water use efficiency.CommentsClose CommentsPermalink
(b) Grants- The Secretary may provide grants to, and enter into cooperative agreements with, the Non-Navajo Irrigation Districts to plan, design, or otherwise implement the projects identified under subsection (a)(2).CommentsClose CommentsPermalink
(c) Cost-Sharing-CommentsClose CommentsPermalink
(1) FEDERAL SHARE- The Federal share of the total cost of carrying out a project under subsection (b) shall be not more than 50 percent, and shall be nonreimbursable.CommentsClose CommentsPermalink
(2) FORM- The non-Federal share required under paragraph (1) may be in the form of in-kind contributions, including the contribution of any valuable asset or service that the Secretary determines would substantially contribute to a project carried out under subsection (b).CommentsClose CommentsPermalink
(3) STATE CONTRIBUTION- The Secretary may accept from the State of New Mexico a partial or total contribution toward the non-Federal share for a project carried out under subsection (b).CommentsClose CommentsPermalink
SEC. 1079. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Navajo-Gallup Water Supply Project-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to the Secretary to plan, design, and construct the Project $870,000,000 for the period of fiscal years 2009 through 2024, to remain available until expended.CommentsClose CommentsPermalink
(2) ADJUSTMENTS- The amount under paragraph (1) shall be adjusted by such amounts as may be required by reason of changes since 2007 in construction costs, as indicated by engineering cost indices applicable to the types of construction involved.CommentsClose CommentsPermalink
(3) USE- In addition to the uses authorized under paragraph (1), amounts made available under that paragraph may be used for the conduct of related activities to comply with Federal environmental laws.CommentsClose CommentsPermalink
(4) OPERATION AND MAINTENANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- There are authorized to be appropriated such sums as are necessary to operate and maintain the Project consistent with this subtitle.CommentsClose CommentsPermalink
(B) EXPIRATION- The authorization under subparagraph (A) shall expire 10 years after the year the Secretary declares the Project to be substantially complete.CommentsClose CommentsPermalink
(b) Appropriations for Conjunctive Use Wells-CommentsClose CommentsPermalink
(1) SAN JUAN WELLS- There is authorized to be appropriated to the Secretary for the construction or rehabilitation and operation and maintenance of conjunctive use wells under section 1076(b) $30,000,000, as adjusted under paragraph (3), for the period of fiscal years 2009 through 2019.CommentsClose CommentsPermalink
(2) WELLS IN THE LITTLE COLORADO AND RIO GRANDE BASINS- There are authorized to be appropriated to the Secretary for the construction or rehabilitation and operation and maintenance of conjunctive use wells under section 1076(c) such sums as are necessary for the period of fiscal years 2009 through 2024.CommentsClose CommentsPermalink
(3) ADJUSTMENTS- The amount under paragraph (1) shall be adjusted by such amounts as may be required by reason of changes since 2008 in construction costs, as indicated by engineering cost indices applicable to the types of construction or rehabilitation involved.CommentsClose CommentsPermalink
(4) NONREIMBURSABLE EXPENDITURES- Amounts made available under paragraphs (1) and (2) shall be nonreimbursable to the United States.CommentsClose CommentsPermalink
(5) USE- In addition to the uses authorized under paragraphs (1) and (2), amounts made available under that paragraph may be used for the conduct of related activities to comply with Federal environmental laws.CommentsClose CommentsPermalink
(6) LIMITATION- Appropriations authorized under paragraph (1) shall not be used for operation or maintenance of any conjunctive use wells at a time in excess of 3 years after the well is declared substantially complete.CommentsClose CommentsPermalink
(c) San Juan River Irrigation Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to the Secretary--CommentsClose CommentsPermalink
(A) to carry out section 1077(a)(1), not more than $7,700,000, as adjusted under paragraph (2), for the period of fiscal years 2009 through 2015, to remain available until expended; andCommentsClose CommentsPermalink
(B) to carry out section 1077(a)(2), not more than $15,400,000, as adjusted under paragraph (2), for the period of fiscal years 2009 through 2018, to remain available until expended.CommentsClose CommentsPermalink
(2) ADJUSTMENT- The amounts made available under paragraph (1) shall be adjusted by such amounts as may be required by reason of changes since January 1, 2004, in construction costs, as indicated by engineering cost indices applicable to the types of construction involved in the rehabilitation.CommentsClose CommentsPermalink
(3) NONREIMBURSABLE EXPENDITURES- Amounts made available under this subsection shall be nonreimbursable to the United States.CommentsClose CommentsPermalink
(d) Other Irrigation Projects- There are authorized to be appropriated to the Secretary to carry out section 1078 $11,000,000 for the period of fiscal years 2009 through 2018.CommentsClose CommentsPermalink
(e) Cultural Resources-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may use not more than 2 percent of amounts made available under subsections (a), (b), and (c) for the survey, recovery, protection, preservation, and display of archaeological resources in the area of a Project facility or conjunctive use well.CommentsClose CommentsPermalink
(2) NONREIMBURSABLE EXPENDITURES- Any amounts made available under paragraph (1) shall be nonreimbursable.CommentsClose CommentsPermalink
(f) Fish and Wildlife Facilities-CommentsClose CommentsPermalink
(1) IN GENERAL- In association with the development of the Project, the Secretary may use not more than 4 percent of amounts made available under subsections (a), (b), and (c) to purchase land and construct and maintain facilities to mitigate the loss of, and improve conditions for the propagation of, fish and wildlife if any such purchase, construction, or maintenance will not affect the operation of any water project or use of water.CommentsClose CommentsPermalink
(2) NONREIMBURSABLE EXPENDITURES- Any amounts expended under paragraph (1) shall be nonreimbursable.CommentsClose CommentsPermalink
PART IV--NAVAJO NATION WATER RIGHTS
SEC. 1081. AGREEMENT.
(a) Agreement Approval-CommentsClose CommentsPermalink
(1) APPROVAL BY CONGRESS- Except to the extent that any provision of the Agreement conflicts with this subtitle, Congress approves, ratifies, and confirms the Agreement (including any amendments to the Agreement that are executed to make the Agreement consistent with this subtitle).CommentsClose CommentsPermalink
(2) EXECUTION BY SECRETARY- The Secretary shall enter into the Agreement to the extent that the Agreement does not conflict with this subtitle, including--CommentsClose CommentsPermalink
(A) any exhibits to the Agreement requiring the signature of the Secretary; andCommentsClose CommentsPermalink
(B) any amendments to the Agreement necessary to make the Agreement consistent with this subtitle.CommentsClose CommentsPermalink
(3) AUTHORITY OF SECRETARY- The Secretary may carry out any action that the Secretary determines is necessary or appropriate to implement the Agreement, the Contract, and this section.CommentsClose CommentsPermalink
(4) ADMINISTRATION OF NAVAJO RESERVOIR RELEASES- The State of New Mexico may administer water that has been released from storage in Navajo Reservoir in accordance with subparagraph 9.1 of the Agreement.CommentsClose CommentsPermalink
(b) Water Available Under Contract-CommentsClose CommentsPermalink
(1) QUANTITIES OF WATER AVAILABLE-CommentsClose CommentsPermalink
(A) IN GENERAL- Water shall be made available annually under the Contract for projects in the State of New Mexico supplied from the Navajo Reservoir and the San Juan River (including tributaries of the River) under New Mexico State Engineer File Numbers 2849, 2883, and 3215 in the quantities described in subparagraph (B).CommentsClose CommentsPermalink
(B) WATER QUANTITIES- The quantities of water referred to in subparagraph (A) are as follows:CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Diversion (acre-feet/year) Depletion (acre-feet/year) CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Navajo Indian Irrigation Project 508,000 270,000 CommentsClose CommentsPermalink
Navajo-Gallup Water Supply Project 22,650 20,780 CommentsClose CommentsPermalink
Animas-La Plata Project 4,680 2,340 CommentsClose CommentsPermalink
Total 535,330 293,120 CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
(C) MAXIMUM QUANTITY- A diversion of water to the Nation under the Contract for a project described in subparagraph (B) shall not exceed the quantity of water necessary to supply the amount of depletion for the project.CommentsClose CommentsPermalink
(D) TERMS, CONDITIONS, AND LIMITATIONS- The diversion and use of water under the Contract shall be subject to and consistent with the terms, conditions, and limitations of the Agreement, this subtitle, and any other applicable law.CommentsClose CommentsPermalink
(2) AMENDMENTS TO CONTRACT- The Secretary, with the consent of the Nation, may amend the Contract if the Secretary determines that the amendment is--CommentsClose CommentsPermalink
(A) consistent with the Agreement; andCommentsClose CommentsPermalink
(B) in the interest of conserving water or facilitating beneficial use by the Nation or a subcontractor of the Nation.CommentsClose CommentsPermalink
(3) RIGHTS OF THE NATION- The Nation may, under the Contract--CommentsClose CommentsPermalink
(A) use tail water, wastewater, and return flows attributable to a use of the water by the Nation or a subcontractor of the Nation if--CommentsClose CommentsPermalink
(i) the depletion of water does not exceed the quantities described in paragraph (1); andCommentsClose CommentsPermalink
(ii) the use of tail water, wastewater, or return flows is consistent with the terms, conditions, and limitations of the Agreement, and any other applicable law; andCommentsClose CommentsPermalink
(B) change a point of diversion, change a purpose or place of use, and transfer a right for depletion under this subtitle (except for a point of diversion, purpose or place of use, or right for depletion for use in the State of Arizona under section 1073(b)(2)(D)), to another use, purpose, place, or depletion in the State of New Mexico to meet a water resource or economic need of the Nation if--CommentsClose CommentsPermalink
(i) the change or transfer is subject to and consistent with the terms of the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; andCommentsClose CommentsPermalink
(ii) a change or transfer of water use by the Nation does not alter any obligation of the United States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract.CommentsClose CommentsPermalink
(c) Subcontracts-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(A) SUBCONTRACTS BETWEEN NATION AND THIRD PARTIES- The Nation may enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in the State of New Mexico (on or off land held by the United States in trust for the Nation or a member of the Nation or land held in fee by the Nation).CommentsClose CommentsPermalink
(B) APPROVAL REQUIRED- A subcontract entered into under subparagraph (A) shall not be effective until approved by the Secretary in accordance with this subsection and the Contract.CommentsClose CommentsPermalink
(C) SUBMITTAL- The Nation shall submit to the Secretary for approval or disapproval any subcontract entered into under this subsection.CommentsClose CommentsPermalink
(D) DEADLINE- The Secretary shall approve or disapprove a subcontract submitted to the Secretary under subparagraph (C) not later than the later of--CommentsClose CommentsPermalink
(i) the date that is 180 days after the date on which the subcontract is submitted to the Secretary; andCommentsClose CommentsPermalink
(ii) the date that is 60 days after the date on which a subcontractor complies with--CommentsClose CommentsPermalink
(I) section 102(2)(C) of the National Environmental Policy Act of 1969 (
(II) any other requirement of Federal law.CommentsClose CommentsPermalink
(E) ENFORCEMENT- A party to a subcontract may enforce the deadline described in subparagraph (D) under
(F) COMPLIANCE WITH OTHER LAW- A subcontract described in subparagraph (A) shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, and any other applicable law.CommentsClose CommentsPermalink
(G) NO LIABILITY- The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.CommentsClose CommentsPermalink
(2) ALIENATION-CommentsClose CommentsPermalink
(A) PERMANENT ALIENATION- The Nation shall not permanently alienate any right granted to the Nation under the Contract.CommentsClose CommentsPermalink
(B) MAXIMUM TERM- The term of any water use subcontract (including a renewal) under this subsection shall be not more than 99 years.CommentsClose CommentsPermalink
(3) NONINTERCOURSE ACT COMPLIANCE- This subsection--CommentsClose CommentsPermalink
(A) provides congressional authorization for the subcontracting rights of the Nation; andCommentsClose CommentsPermalink
(B) is deemed to fulfill any requirement that may be imposed by section 2116 of the Revised Statutes (
(4) FORFEITURE- The nonuse of the water supply secured by a subcontractor of the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section.CommentsClose CommentsPermalink
(5) NO PER CAPITA PAYMENTS- No part of the revenue from a water use subcontract under this subsection shall be distributed to any member of the Nation on a per capita basis.CommentsClose CommentsPermalink
(d) Water Leases Not Requiring Subcontracts-CommentsClose CommentsPermalink
(1) AUTHORITY OF NATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Nation may lease, contract, or otherwise transfer to another party or to another purpose or place of use in the State of New Mexico (on or off land that is held by the United States in trust for the Nation or a member of the Nation or held in fee by the Nation) a water right that--CommentsClose CommentsPermalink
(i) is decreed to the Nation under the Agreement; andCommentsClose CommentsPermalink
(ii) is not subject to the Contract.CommentsClose CommentsPermalink
(B) COMPLIANCE WITH OTHER LAW- In carrying out an action under this subsection, the Nation shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in paragraph 4.0 of the Agreement, and any other applicable law.CommentsClose CommentsPermalink
(2) ALIENATION; MAXIMUM TERM-CommentsClose CommentsPermalink
(A) ALIENATION- The Nation shall not permanently alienate any right granted to the Nation under the Agreement.CommentsClose CommentsPermalink
(B) MAXIMUM TERM- The term of any water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years.CommentsClose CommentsPermalink
(3) NO LIABILITY- The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection.CommentsClose CommentsPermalink
(4) NONINTERCOURSE ACT COMPLIANCE- This subsection--CommentsClose CommentsPermalink
(A) provides congressional authorization for the lease, contracting, and transfer of any water right described in paragraph (1)(A); andCommentsClose CommentsPermalink
(B) is deemed to fulfill any requirement that may be imposed by the provisions of section 2116 of the Revised Statutes (
(5) FORFEITURE- The nonuse of a water right of the Nation by a lessee or contractor to the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section.CommentsClose CommentsPermalink
(e) Nullification-CommentsClose CommentsPermalink
(1) DEADLINES-CommentsClose CommentsPermalink
(A) IN GENERAL- In carrying out this section, the following deadlines apply with respect to implementation of the Agreement:CommentsClose CommentsPermalink
(i) AGREEMENT- Not later than December 31, 2009, the Secretary shall execute the Agreement.CommentsClose CommentsPermalink
(ii) CONTRACT- Not later than December 31, 2009, the Secretary and the Nation shall execute the Contract.CommentsClose CommentsPermalink
(iii) PARTIAL FINAL DECREE- Not later than December 31, 2012, the court in the stream adjudication shall have entered the Partial Final Decree described in paragraph 3.0 of the Agreement.CommentsClose CommentsPermalink
(iv) FRUITLAND-CAMBRIDGE IRRIGATION PROJECT- Not later than December 31, 2015, the rehabilitation construction of the Fruitland-Cambridge Irrigation Project authorized under section 1077(a)(1) shall be completed.CommentsClose CommentsPermalink
(v) SUPPLEMENTAL PARTIAL FINAL DECREE- Not later than December 31, 2015, the court in the stream adjudication shall enter the Supplemental Partial Final Decree described in subparagraph 4.0 of the Agreement.CommentsClose CommentsPermalink
(vi) HOGBACK-CUDEI IRRIGATION PROJECT- Not later than December 31, 2018, the rehabilitation construction of the Hogback-Cudei Irrigation Project authorized under section 1077(a)(2) shall be completed.CommentsClose CommentsPermalink
(vii) TRUST FUND- Not later than December 31, 2019, the United States shall make all deposits into the Trust Fund under section 1082.CommentsClose CommentsPermalink
(viii) CONJUNCTIVE WELLS- Not later than December 31, 2019, the funds authorized to be appropriated under section 1079(b)(1) for the conjunctive use wells authorized under section 1076(b) should be appropriated.CommentsClose CommentsPermalink
(ix) NAVAJO-GALLUP WATER SUPPLY PROJECT- Not later than December 31, 2024, the construction of all Project facilities shall be completed.CommentsClose CommentsPermalink
(B) EXTENSION- A deadline described in subparagraph (A) may be extended if the Nation, the United States (acting through the Secretary), and the State of New Mexico (acting through the New Mexico Interstate Stream Commission) agree that an extension is reasonably necessary.CommentsClose CommentsPermalink
(2) REVOCABILITY OF AGREEMENT, CONTRACT AND AUTHORIZATIONS-CommentsClose CommentsPermalink
(A) PETITION- If the Nation determines that a deadline described in paragraph (1)(A) is not substantially met, the Nation may submit to the court in the stream adjudication a petition to enter an order terminating the Agreement and Contract.CommentsClose CommentsPermalink
(B) TERMINATION- On issuance of an order to terminate the Agreement and Contract under subparagraph (A)--CommentsClose CommentsPermalink
(i) the Trust Fund shall be terminated;CommentsClose CommentsPermalink
(ii) the balance of the Trust Fund shall be deposited in the general fund of the Treasury;CommentsClose CommentsPermalink
(iii) the authorizations for construction and rehabilitation of water projects under this subtitle shall be revoked and any Federal activity related to that construction and rehabilitation shall be suspended; andCommentsClose CommentsPermalink
(iv) this part and parts I and III shall be null and void.CommentsClose CommentsPermalink
(3) CONDITIONS NOT CAUSING NULLIFICATION OF SETTLEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- If a condition described in subparagraph (B) occurs, the Agreement and Contract shall not be nullified or terminated.CommentsClose CommentsPermalink
(B) CONDITIONS- The conditions referred to in subparagraph (A) are as follows:CommentsClose CommentsPermalink
(i) A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 1076.CommentsClose CommentsPermalink
(ii) A failure--CommentsClose CommentsPermalink
(I) to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona;CommentsClose CommentsPermalink
(II) to obtain a necessary water right for the consumptive use of water in Arizona;CommentsClose CommentsPermalink
(III) to contract for the delivery of water for use in Arizona; orCommentsClose CommentsPermalink
(IV) to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project.CommentsClose CommentsPermalink
(f) Effect on Rights of Indian Tribes-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), nothing in the Agreement, the Contract, or this section quantifies or adversely affects the land and water rights, or claims or entitlements to water, of any Indian tribe or community other than the rights, claims, or entitlements of the Nation in, to, and from the San Juan River Basin in the State of New Mexico.CommentsClose CommentsPermalink
(2) EXCEPTION- The right of the Nation to use water under water rights the Nation has in other river basins in the State of New Mexico shall be forborne to the extent that the Nation supplies the uses for which the water rights exist by diversions of water from the San Juan River Basin under the Project consistent with subparagraph 9.13 of the Agreement.CommentsClose CommentsPermalink
SEC. 1082. TRUST FUND.
(a) Establishment- There is established in the Treasury a fund to be known as the ‘Navajo Nation Water Resources Development Trust Fund’, consisting of--CommentsClose CommentsPermalink
(1) such amounts as are appropriated to the Trust Fund under subsection (f); andCommentsClose CommentsPermalink
(2) any interest earned on investment of amounts in the Trust Fund under subsection (d).CommentsClose CommentsPermalink
(b) Use of Funds- The Nation may use amounts in the Trust Fund--CommentsClose CommentsPermalink
(1) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United States for which the Nation is responsible for operation, maintenance, and replacement costs; andCommentsClose CommentsPermalink
(2) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the Nation under the Agreement.CommentsClose CommentsPermalink
(c) Management- The Secretary shall manage the Trust Fund, invest amounts in the Trust Fund, and make amounts available from the Trust Fund for distribution to the Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 (
(d) Investment of the Trust Fund- The Secretary shall invest amounts in the Trust Fund in accordance with--CommentsClose CommentsPermalink
(1) the Act of April 1, 1880 (
(2) the first section of the Act of June 24, 1938 (
(3) the American Indian Trust Fund Management Reform Act of 1994 (
(e) Conditions for Expenditures and Withdrawals-CommentsClose CommentsPermalink
(1) TRIBAL MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to paragraph (7), on approval by the Secretary of a tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 (
(B) REQUIREMENTS- In addition to any requirements under the American Indian Trust Fund Management Reform Act of 1994 (
(2) ENFORCEMENT- The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that any amounts withdrawn from the Trust Fund are used in accordance with this subtitle.CommentsClose CommentsPermalink
(3) NO LIABILITY- Neither the Secretary nor the Secretary of the Treasury shall be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Nation.CommentsClose CommentsPermalink
(4) EXPENDITURE PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- The Nation shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Trust Fund made available under this section that the Nation does not withdraw under this subsection.CommentsClose CommentsPermalink
(B) DESCRIPTION- The expenditure plan shall describe the manner in which, and the purposes for which, funds of the Nation remaining in the Trust Fund will be used.CommentsClose CommentsPermalink
(C) APPROVAL- On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle.CommentsClose CommentsPermalink
(5) ANNUAL REPORT- The Nation shall submit to the Secretary an annual report that describes any expenditures from the Trust Fund during the year covered by the report.CommentsClose CommentsPermalink
(6) LIMITATION- No portion of the amounts in the Trust Fund shall be distributed to any Nation member on a per capita basis.CommentsClose CommentsPermalink
(7) CONDITIONS- Any amount authorized to be appropriated to the Trust Fund under subsection (f) shall not be available for expenditure or withdrawal--CommentsClose CommentsPermalink
(A) before December 31, 2019; andCommentsClose CommentsPermalink
(B) until the date on which the court in the stream adjudication has entered--CommentsClose CommentsPermalink
(i) the Partial Final Decree; andCommentsClose CommentsPermalink
(ii) the Supplemental Partial Final Decree.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated for deposit in the Trust Fund--CommentsClose CommentsPermalink
(1) $6,000,000 for each of fiscal years 2009 through 2013; andCommentsClose CommentsPermalink
(2) $4,000,000 for each of fiscal years 2014 through 2018.CommentsClose CommentsPermalink
SEC. 1083. WAIVERS AND RELEASES.
(a) Claims by the Nation and the United States- The Nation, on behalf of itself and members of the Nation (other than members in the capacity of the members as allottees), and the United States, acting through the Secretary and in the capacity of the United States as trustee for the Nation, shall each execute a waiver and release of--CommentsClose CommentsPermalink
(1) all claims for water rights in, or for waters of, the San Juan River Basin in the State of New Mexico that the Nation, or the United States as trustee for the Nation, asserted, or could have asserted, in the San Juan River adjudication or in any other court proceeding;CommentsClose CommentsPermalink
(2) all claims that the Nation, or the United States as trustee for the Nation, has asserted or could assert for any damage, loss, or injury to water rights or claims of interference, diversion, or taking of water in the San Juan Basin in the State of New Mexico that, regardless of whether the damage, loss, or injury is unanticipated, unexpected, or unknown--CommentsClose CommentsPermalink
(A) accrued at any time before or on the effective date of the waiver and release under subsection (d); andCommentsClose CommentsPermalink
(B) may or may not be more numerous or more serious than is understood or expected; andCommentsClose CommentsPermalink
(3) all claims of any damage, loss, or injury or for injunctive or other relief because of the condition of or changes in water quality related to, or arising out of, the exercise of water rights.CommentsClose CommentsPermalink
(b) Claims by the Nation Against the United States- The Nation, on behalf of itself and its members (other than members in the capacity of the members as allottees), shall execute a waiver and release of--CommentsClose CommentsPermalink
(1) all causes of action that the Nation or the members of the Nation (other than members in the capacity of the members as allottees) may have against the United States or any agencies or employees of the United States, arising out of claims for water rights in, or waters of, the San Juan River Basin in the State of New Mexico that the United States asserted, or could have asserted, in the stream adjudication or other court proceeding;CommentsClose CommentsPermalink
(2) all claims for any damage, loss, or injury to water rights, claims of interference, diversion or taking of water, or failure to protect, acquire, or develop water or water rights for land within the San Juan Basin in the State of New Mexico that, regardless whether the damage, loss, or injury is unanticipated, unexpected, or unknown--CommentsClose CommentsPermalink
(A) accrued at any time before or on the effective date of the waiver and release under subsection (d); andCommentsClose CommentsPermalink
(B) may or may not be more numerous or more serious than is understood or expected; andCommentsClose CommentsPermalink
(3) all claims arising out of, resulting from, or relating in any manner to the negotiation, execution or adoption of the Agreement, the Contract, or this subtitle (including any specific terms and provisions of the Agreement, the Contract, or this subtitle) that the Nation may have against the United States or any agencies or employees of the United States.CommentsClose CommentsPermalink
(c) Reservation of Claims- Notwithstanding subsections (a) and (b), the Nation and the members of the Nation (including members in the capacity of the members as allottees) and the United States, as trustee for the Nation and allottees, shall retain--CommentsClose CommentsPermalink
(1) all claims for water rights or injuries to water rights arising out of activities occurring outside the San Juan River Basin in the State of New Mexico, subject to paragraphs 8.0, 9.3, 9.12, 9.13 and 13.9 of the Agreement;CommentsClose CommentsPermalink
(2) all claims for enforcement of the Agreement, the Contract, the Partial Final Decree, the Supplemental Partial Final Decree, or this subtitle, through any legal and equitable remedies available in any court of competent jurisdiction;CommentsClose CommentsPermalink
(3) all rights to use and protect water rights acquired pursuant to State law after the effective date of the waivers and releases described in subsection (d);CommentsClose CommentsPermalink
(4) all claims relating to activities affecting the quality of water not related to the exercise of water rights; andCommentsClose CommentsPermalink
(5) all rights, remedies, privileges, immunities, and powers not specifically waived and released under the terms of the Agreement or this subtitle.CommentsClose CommentsPermalink
(d) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- The waivers and releases described in subsection (a) shall be effective on the date on which the Secretary publishes in the Federal Register a statement of findings documenting that each of the deadlines described in section 1081(e)(1) have been met.CommentsClose CommentsPermalink
(2) DEADLINE- If the deadlines in section 1081(e)(1)(A) have not been met by the later of March 1, 2025, or the date of any extension under section 1081(e)(1)(B)--CommentsClose CommentsPermalink
(A) the waivers and releases described in subsection (a) shall be of no effect; andCommentsClose CommentsPermalink
(B) section 1081(e)(2)(B) shall apply.CommentsClose CommentsPermalink
SEC. 1084. WATER RIGHTS HELD IN TRUST.
A tribal water right adjudicated and described in paragraph 3.0 of the Partial Final Decree and in paragraph 3.0 of the Supplemental Partial Final Decree shall be held in trust by the United States on behalf of the Nation.CommentsClose CommentsPermalink
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONSCommentsClose CommentsPermalink
SEC. 1101. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING ACT OF 1992.
(a) Findings- Section 2(a) of the National Geologic Mapping Act of 1992 (
(1) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) although significant progress has been made in the production of geologic maps since the establishment of the national cooperative geologic mapping program in 1992, no modern, digital, geologic map exists for approximately 75 percent of the United States;’; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (C), by inserting ‘homeland and’ after ‘planning for’;CommentsClose CommentsPermalink
(B) in subparagraph (E), by striking ‘predicting’ and inserting ‘identifying’;CommentsClose CommentsPermalink
(C) in subparagraph (I), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink
(D) by redesignating subparagraph (J) as subparagraph (K); andCommentsClose CommentsPermalink
(E) by inserting after subparagraph (I) the following:CommentsClose CommentsPermalink
‘(J) recreation and public awareness; and’; andCommentsClose CommentsPermalink
(3) in paragraph (9), by striking ‘important’ and inserting ‘available’.CommentsClose CommentsPermalink
(b) Purpose- Section 2(b) of the National Geologic Mapping Act of 1992 (
(c) Deadlines for Actions by the United States Geological Survey- Section 4(b)(1) of the National Geologic Mapping Act of 1992 (
(1) in subparagraph (A), by striking ‘not later than’ and all that follows through the semicolon and inserting ‘not later than 1 year after the date of enactment of the Omnibus Public Land Management Act of 2008;’;CommentsClose CommentsPermalink
(2) in subparagraph (B), by striking ‘not later than’ and all that follows through ‘in accordance’ and inserting ‘not later than 1 year after the date of enactment of the Omnibus Public Land Management Act of 2008 in accordance’; andCommentsClose CommentsPermalink
(3) in the matter preceding clause (i) of subparagraph (C), by striking ‘not later than’ and all that follows through ‘submit’ and inserting ‘submit biennially’.CommentsClose CommentsPermalink
(d) Geologic Mapping Program Objectives- Section 4(c)(2) of the National Geologic Mapping Act of 1992 (
(1) by striking ‘geophysical-map data base, geochemical-map data base, and a’; andCommentsClose CommentsPermalink
(2) by striking ‘provide’ and inserting ‘provides’.CommentsClose CommentsPermalink
(e) Geologic Mapping Program Components- Section 4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992 (
(1) in subclause (I), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink
(2) in subclause (II), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(III) the needs of land management agencies of the Department of the Interior.’.CommentsClose CommentsPermalink
(f) Geologic Mapping Advisory Committee-CommentsClose CommentsPermalink
(1) MEMBERSHIP- Section 5(a) of the National Geologic Mapping Act of 1992 (
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting ‘the Secretary of the Interior or a designee from a land management agency of the Department of the Interior,’ after ‘Administrator of the Environmental Protection Agency or a designee,’;CommentsClose CommentsPermalink
(ii) by inserting ‘and’ after ‘Energy or a designee,’; andCommentsClose CommentsPermalink
(iii) by striking ‘, and the Assistant to the President for Science and Technology or a designee’; andCommentsClose CommentsPermalink
(B) in paragraph (3)--CommentsClose CommentsPermalink
(i) by striking ‘Not later than’ and all that follows through ‘consultation’ and inserting ‘In consultation’;CommentsClose CommentsPermalink
(ii) by striking ‘Chief Geologist, as Chairman’ and inserting ‘Associate Director for Geology, as Chair’; andCommentsClose CommentsPermalink
(iii) by striking ‘one representative from the private sector’ and inserting ‘2 representatives from the private sector’.CommentsClose CommentsPermalink
(2) DUTIES- Section 5(b) of the National Geologic Mapping Act of 1992 (
(A) in paragraph (2), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
‘(3) provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by Federal agencies for regulation or land-use planning; and’.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENT- Section 5(a)(1) of the National Geologic Mapping Act of 1992 (
(g) Functions of National Geologic-Map Database- Section 7(a) of the National Geologic Mapping Act of 1992 (
(1) in paragraph (1), by striking ‘geologic map’ and inserting ‘geologic-map’; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
‘(A) all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the Federal, State, and education components;’.CommentsClose CommentsPermalink
(h) Biennial Report- Section 8 of the National Geologic Mapping Act of 1992 (
(i) Authorization of Appropriations; Allocation- Section 9 of the National Geologic Mapping Act of 1992 (
(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink
‘(a) In General- There is authorized to be appropriated to carry out this Act $64,000,000 for each of fiscal years 2007 through 2016.’; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking ‘2000’ and inserting ‘2005’;CommentsClose CommentsPermalink
(B) in paragraph (1), by striking ‘48’ and inserting ‘50’; andCommentsClose CommentsPermalink
(C) in paragraph (2), by striking 2 and inserting ‘4’.CommentsClose CommentsPermalink
SEC. 1102. NEW MEXICO WATER RESOURCES STUDY.
(a) In General- The Secretary of the Interior, acting through the Director of the United States Geological Survey (referred to in this section as the ‘Secretary’), in coordination with the State of New Mexico (referred to in this section as the ‘State’) and any other entities that the Secretary determines to be appropriate (including other Federal agencies and institutions of higher education), shall, in accordance with this section and any other applicable law, conduct a study of water resources in the State, including--CommentsClose CommentsPermalink
(1) a survey of groundwater resources, including an analysis of--CommentsClose CommentsPermalink
(A) aquifers in the State, including the quantity of water in the aquifers;CommentsClose CommentsPermalink
(B) the availability of groundwater resources for human use;CommentsClose CommentsPermalink
(C) the salinity of groundwater resources;CommentsClose CommentsPermalink
(D) the potential of the groundwater resources to recharge;CommentsClose CommentsPermalink
(E) the interaction between groundwater and surface water;CommentsClose CommentsPermalink
(F) the susceptibility of the aquifers to contamination; andCommentsClose CommentsPermalink
(G) any other relevant criteria; andCommentsClose CommentsPermalink
(2) a characterization of surface and bedrock geology, including the effect of the geology on groundwater yield and quality.CommentsClose CommentsPermalink
(b) Study Areas- The study carried out under subsection (a) shall include the Estancia Basin, Salt Basin, Tularosa Basin, Hueco Basin, and middle Rio Grande Basin in the State.CommentsClose CommentsPermalink
(c) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that describes the results of the study.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink
TITLE XII--MISCELLANEOUSCommentsClose CommentsPermalink
SEC. 1201. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA TRUST FUNDS.
The Act of February 22, 1889 (25 Stat. 676, chapter 180), is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 26. NORTH DAKOTA TRUST FUNDS.
‘(a) Disposition- Notwithstanding section 11, the State of North Dakota shall, with respect to any trust fund in which proceeds from the sale of public land are deposited under this Act (referred to in this section as the ‘trust fund’)--CommentsClose CommentsPermalink
‘(1) deposit all revenues earned by a trust fund into the trust fund;CommentsClose CommentsPermalink
‘(2) deduct the costs of administering a trust fund from each trust fund; andCommentsClose CommentsPermalink
‘(3) manage each trust fund to--CommentsClose CommentsPermalink
‘(A) preserve the purchasing power of the trust fund; andCommentsClose CommentsPermalink
‘(B) maintain stable distributions to trust fund beneficiaries.CommentsClose CommentsPermalink
‘(b) Distributions- Notwithstanding section 11, any distributions from trust funds in the State of North Dakota shall be made in accordance with section 2 of article IX of the Constitution of the State of North Dakota.CommentsClose CommentsPermalink
‘(c) Management of Proceeds- Notwithstanding section 13, the State of North Dakota shall manage the proceeds referred to in that section in accordance with subsections (a) and (b).CommentsClose CommentsPermalink
‘(d) Management of Land and Proceeds- Notwithstanding sections 14 and 16, the State of North Dakota shall manage the land granted under that section, including any proceeds from the land, and make distributions in accordance with subsections (a) and (b).’.CommentsClose CommentsPermalink
SEC. 1202. AMENDMENTS TO THE FISHERIES RESTORATION AND IRRIGATION MITIGATION ACT OF 2000.
(a) Priority Projects- Section 3(c)(3) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (
(b) Cost Sharing- Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act of 2000 (
(1) by striking ‘The value’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The value’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) BONNEVILLE POWER ADMINISTRATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary may, without further appropriation and without fiscal year limitation, accept any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration.CommentsClose CommentsPermalink
‘(B) NON-FEDERAL SHARE- Any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried under the Program shall be credited toward the non-Federal share of the costs of the project.’.CommentsClose CommentsPermalink
(c) Report- Section 9 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (
(1) by inserting ‘any’ before ‘amounts are made’; andCommentsClose CommentsPermalink
(2) by inserting after ‘Secretary shall’ the following: ‘, after partnering with local governmental entities and the States in the Pacific Ocean drainage area,’.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- Section 10 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (
(1) in subsection (a), by striking ‘2001 through 2005’ and inserting ‘ 2009 through 2015’; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(2) ADMINISTRATIVE EXPENSES-CommentsClose CommentsPermalink
‘(A) DEFINITION OF ADMINISTRATIVE EXPENSE- In this paragraph, the term ‘administrative expense’ means, except as provided in subparagraph (B)(iii)(II), any expenditure relating to--CommentsClose CommentsPermalink
‘(i) staffing and overhead, such as the rental of office space and the acquisition of office equipment; andCommentsClose CommentsPermalink
‘(ii) the review, processing, and provision of applications for funding under the Program.CommentsClose CommentsPermalink
‘(B) LIMITATION-CommentsClose CommentsPermalink
‘(i) IN GENERAL- Not more than 6 percent of amounts made available to carry out this Act for each fiscal year may be used for Federal and State administrative expenses of carrying out this Act.CommentsClose CommentsPermalink
‘(ii) FEDERAL AND STATE SHARES- To the maximum extent practicable, of the amounts made available for administrative expenses under clause (i)--CommentsClose CommentsPermalink
‘(I) 50 percent shall be provided to the State agencies provided assistance under the Program; andCommentsClose CommentsPermalink
‘(II) an amount equal to the cost of 1 full-time equivalent Federal employee, as determined by the Secretary, shall be provided to the Federal agency carrying out the Program.CommentsClose CommentsPermalink
‘(iii) STATE EXPENSES- Amounts made available to States for administrative expenses under clause (i)--CommentsClose CommentsPermalink
‘(I) shall be divided evenly among all States provided assistance under the Program; andCommentsClose CommentsPermalink
‘(II) may be used by a State to provide technical assistance relating to the program, including any staffing expenditures (including staff travel expenses) associated with--CommentsClose CommentsPermalink
‘(aa) arranging meetings to promote the Program to potential applicants;CommentsClose CommentsPermalink
‘(bb) assisting applicants with the preparation of applications for funding under the Program; andCommentsClose CommentsPermalink
‘(cc) visiting construction sites to provide technical assistance, if requested by the applicant.’.CommentsClose CommentsPermalink
SEC. 1203. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE ACT.
(a) Administration- Section 106 of the Alaska Natural Gas Pipeline Act (
‘(h) Administration-CommentsClose CommentsPermalink
‘(1) PERSONNEL APPOINTMENTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Federal Coordinator may appoint and terminate such personnel as the Federal Coordinator determines to be appropriate.CommentsClose CommentsPermalink
‘(B) AUTHORITY OF FEDERAL COORDINATOR- Personnel appointed by the Federal Coordinator under subparagraph (A) shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.CommentsClose CommentsPermalink
‘(2) COMPENSATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), personnel appointed by the Federal Coordinator under paragraph (1)(A) shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to classification and General Schedule pay rates).CommentsClose CommentsPermalink
‘(B) MAXIMUM LEVEL OF COMPENSATION- The rate of pay for personnel appointed by the Federal Coordinator under paragraph (1)(A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule.CommentsClose CommentsPermalink
‘(C) APPLICABILITY OF SECTION 5941-
Section 5941 of title 5, United States Code , shall apply to personnel appointed by the Federal Coordinator under paragraph (1)(A).CommentsClose CommentsPermalink‘(3) TEMPORARY SERVICES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Federal Coordinator may procure temporary and intermittent services in accordance with
section 3109(b) of title 5, United States Code .CommentsClose CommentsPermalink‘(B) MAXIMUM LEVEL OF COMPENSATION- The level of compensation of an individual employed on a temporary or intermittent basis under subparagraph (A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule.CommentsClose CommentsPermalink
‘(4) FEES, CHARGES, AND COMMISSIONS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Federal Coordinator shall have the authority to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds as provided to the Secretary of the Interior in section 304 of the Federal Land Policy and Management Act of 1976 (
43 U.S.C. 1734 ), except that the authority shall be with respect to the duties of the Federal Coordinator, as described in this Act.CommentsClose CommentsPermalink‘(B) AUTHORITY OF SECRETARY OF THE INTERIOR- Subparagraph (A) shall not affect the authority of the Secretary of the Interior to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds under section 304 of the Federal Land Policy and Management Act of 1976 (
43 U.S.C. 1734 ).CommentsClose CommentsPermalink‘(C) USE OF FUNDS- The Federal Coordinator is authorized to use, without further appropriation, amounts collected under subparagraph (A) to carry out this section.’.CommentsClose CommentsPermalink
(b) Clarification of Authority- Section 107(a) of the Alaska Natural Gas Pipeline Act (
‘(3) the validity of any determination, permit, approval, authorization, review, or other related action taken under any provision of law relating to a gas transportation project constructed and operated in accordance with section 103, including--CommentsClose CommentsPermalink
‘(A) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’);CommentsClose CommentsPermalink
‘(B) the Endangered Species Act of 1973 (
16 U.S.C. 1531 et seq.);CommentsClose CommentsPermalink‘(C) the National Environmental Policy Act of 1969 (
42 U.S.C. 4321 et seq.);CommentsClose CommentsPermalink‘(D) the National Historic Preservation Act (
16 U.S.C. 470 et seq.); andCommentsClose CommentsPermalink‘(E) the Alaska National Interest Lands Conservation Act (
16 U.S.C. 3101 et seq.).’.CommentsClose CommentsPermalink
SEC. 1204. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT OF ENERGY.
(a) In General- Section 203(a) of the Department of Energy Organization Act (
(b) Conforming Amendment-
(c) Sense of Congress- It is the sense of Congress that leadership for missions of the Department of Energy relating to electricity delivery and reliability should be at the Assistant Secretary level.CommentsClose CommentsPermalink
Calendar No. 855CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3213CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.CommentsClose CommentsPermalink
June 27, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
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