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S 22 PCS

Calendar No. 13

ESCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 22CommentsClose CommentsPermalink

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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 2009’.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. 1001. Designation of wilderness, Monongahela National Forest, West Virginia.CommentsClose CommentsPermalink





Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest.CommentsClose CommentsPermalink





Sec. 1003. Monongahela National Forest boundary confirmation.CommentsClose CommentsPermalink





Sec. 1004. Enhanced Trail Opportunities.CommentsClose CommentsPermalink

Subtitle B--Virginia Ridge and Valley Wilderness

Sec. 1101. Definitions.CommentsClose CommentsPermalink





Sec. 1102. Designation of additional National Forest System land in Jefferson National Forest, Virginia, as wilderness or a wilderness study area.CommentsClose CommentsPermalink





Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia.CommentsClose CommentsPermalink





Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia.CommentsClose CommentsPermalink





Sec. 1105. Trail plan and development.CommentsClose CommentsPermalink





Sec. 1106. Maps and boundary descriptions.CommentsClose CommentsPermalink





Sec. 1107. Effective date.CommentsClose CommentsPermalink

Subtitle C--Mt. Hood Wilderness, Oregon

Sec. 1201. Definitions.CommentsClose CommentsPermalink





Sec. 1202. Designation of wilderness areas.CommentsClose CommentsPermalink





Sec. 1203. Designation of streams for wild and scenic river protection in the Mount Hood area.CommentsClose CommentsPermalink





Sec. 1204. Mount Hood National Recreation Area.CommentsClose CommentsPermalink





Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek.CommentsClose CommentsPermalink





Sec. 1206. Land exchanges.CommentsClose CommentsPermalink





Sec. 1207. Tribal provisions; planning and studies.CommentsClose CommentsPermalink

Subtitle D--Copper Salmon Wilderness, Oregon

Sec. 1301. Designation of the Copper Salmon Wilderness.CommentsClose CommentsPermalink





Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.CommentsClose CommentsPermalink





Sec. 1303. Protection of tribal rights.CommentsClose CommentsPermalink

Subtitle E--Cascade-Siskiyou National Monument, Oregon

Sec. 1401. Definitions.CommentsClose CommentsPermalink





Sec. 1402. Voluntary grazing lease donation program.CommentsClose CommentsPermalink





Sec. 1403. Box R Ranch land exchange.CommentsClose CommentsPermalink





Sec. 1404. Deerfield land exchange.CommentsClose CommentsPermalink





Sec. 1405. Soda Mountain Wilderness.CommentsClose CommentsPermalink





Sec. 1406. Effect.CommentsClose CommentsPermalink

Subtitle F--Owyhee Public Land Management

Sec. 1501. Definitions.CommentsClose CommentsPermalink





Sec. 1502. Owyhee Science Review and Conservation Center.CommentsClose CommentsPermalink





Sec. 1503. Wilderness areas.CommentsClose CommentsPermalink





Sec. 1504. Designation of wild and scenic rivers.CommentsClose CommentsPermalink





Sec. 1505. Land identified for disposal.CommentsClose CommentsPermalink





Sec. 1506. Tribal cultural resources.CommentsClose CommentsPermalink





Sec. 1507. Recreational travel management plans.CommentsClose CommentsPermalink





Sec. 1508. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle G--Sabinoso Wilderness, New Mexico

Sec. 1601. Definitions.CommentsClose CommentsPermalink





Sec. 1602. Designation of the Sabinoso Wilderness.CommentsClose CommentsPermalink

Subtitle H--Pictured Rocks National Lakeshore Wilderness

Sec. 1651. Definitions.CommentsClose CommentsPermalink





Sec. 1652. Designation of Beaver Basin Wilderness.CommentsClose CommentsPermalink





Sec. 1653. Administration.CommentsClose CommentsPermalink





Sec. 1654. Effect.CommentsClose CommentsPermalink

Subtitle I--Oregon Badlands Wilderness

Sec. 1701. Definitions.CommentsClose CommentsPermalink





Sec. 1702. Oregon Badlands Wilderness.CommentsClose CommentsPermalink





Sec. 1703. Release.CommentsClose CommentsPermalink





Sec. 1704. Land exchanges.CommentsClose CommentsPermalink





Sec. 1705. Protection of tribal treaty rights.CommentsClose CommentsPermalink

Subtitle J--Spring Basin Wilderness, Oregon

Sec. 1751. Definitions.CommentsClose CommentsPermalink





Sec. 1752. Spring Basin Wilderness.CommentsClose CommentsPermalink





Sec. 1753. Release.CommentsClose CommentsPermalink





Sec. 1754. Land exchanges.CommentsClose CommentsPermalink





Sec. 1755. Protection of tribal treaty rights.CommentsClose CommentsPermalink

Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness, California

Sec. 1801. Definitions.CommentsClose CommentsPermalink





Sec. 1802. Designation of wilderness areas.CommentsClose CommentsPermalink





Sec. 1803. Administration of wilderness areas.CommentsClose CommentsPermalink





Sec. 1804. Release of wilderness study areas.CommentsClose CommentsPermalink





Sec. 1805. Designation of wild and scenic rivers.CommentsClose CommentsPermalink





Sec. 1806. Bridgeport Winter Recreation Area.CommentsClose CommentsPermalink





Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.CommentsClose CommentsPermalink





Sec. 1808. Ancient Bristlecone Pine Forest.CommentsClose CommentsPermalink

Subtitle L--Riverside County Wilderness, California

Sec. 1851. Wilderness designation.CommentsClose CommentsPermalink





Sec. 1852. Wild and scenic river designations, Riverside County, California.CommentsClose CommentsPermalink





Sec. 1853. Additions and technical corrections to Santa Rosa and San Jacinto Mountains National Monument.CommentsClose CommentsPermalink

Subtitle M--Sequoia and Kings Canyon National Parks Wilderness, California

Sec. 1901. Definitions.CommentsClose CommentsPermalink





Sec. 1902. Designation of wilderness areas.CommentsClose CommentsPermalink





Sec. 1903. Administration of wilderness areas.CommentsClose CommentsPermalink





Sec. 1904. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle N--Rocky Mountain National Park Wilderness, Colorado

Sec. 1951. Definitions.CommentsClose CommentsPermalink





Sec. 1952. Rocky Mountain National Park Wilderness, Colorado.CommentsClose CommentsPermalink





Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects.CommentsClose CommentsPermalink





Sec. 1954. East Shore Trail Area.CommentsClose CommentsPermalink





Sec. 1955. National forest area boundary adjustments.CommentsClose CommentsPermalink





Sec. 1956. Authority to lease Leiffer tract.CommentsClose CommentsPermalink

Subtitle O--Washington County, Utah

Sec. 1971. Definitions.CommentsClose CommentsPermalink





Sec. 1972. Wilderness areas.CommentsClose CommentsPermalink





Sec. 1973. Zion National Park wilderness.CommentsClose CommentsPermalink





Sec. 1974. Red Cliffs National Conservation Area.CommentsClose CommentsPermalink





Sec. 1975. Beaver Dam Wash National Conservation Area.CommentsClose CommentsPermalink





Sec. 1976. Zion National Park wild and scenic river designation.CommentsClose CommentsPermalink





Sec. 1977. Washington County comprehensive travel and transportation management plan.CommentsClose CommentsPermalink





Sec. 1978. Land disposal and acquisition.CommentsClose CommentsPermalink





Sec. 1979. Management of priority biological areas.CommentsClose CommentsPermalink





Sec. 1980. Public purpose conveyances.CommentsClose CommentsPermalink





Sec. 1981. Conveyance of Dixie National Forest land.CommentsClose CommentsPermalink





Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute Indians.CommentsClose CommentsPermalink





Sec. 1983. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

Subtitle A--National Landscape Conservation System

Sec. 2001. Definitions.CommentsClose CommentsPermalink





Sec. 2002. Establishment of the National Landscape Conservation System.CommentsClose CommentsPermalink





Sec. 2003. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Prehistoric Trackways National Monument

Sec. 2101. Findings.CommentsClose CommentsPermalink





Sec. 2102. Definitions.CommentsClose CommentsPermalink





Sec. 2103. Establishment.CommentsClose CommentsPermalink





Sec. 2104. Administration.CommentsClose CommentsPermalink





Sec. 2105. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area

Sec. 2201. Definitions.CommentsClose CommentsPermalink





Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area.CommentsClose CommentsPermalink





Sec. 2203. Management of the Conservation Area.CommentsClose CommentsPermalink





Sec. 2204. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle D--Snake River Birds of Prey National Conservation Area

Sec. 2301. Snake River Birds of Prey National Conservation Area.CommentsClose CommentsPermalink

Subtitle E--Dominguez-Escalante National Conservation Area

Sec. 2401. Definitions.CommentsClose CommentsPermalink





Sec. 2402. Dominguez-Escalante National Conservation Area.CommentsClose CommentsPermalink





Sec. 2403. Dominguez Canyon Wilderness Area.CommentsClose CommentsPermalink





Sec. 2404. Maps and legal descriptions.CommentsClose CommentsPermalink





Sec. 2405. Management of Conservation Area and Wilderness.CommentsClose CommentsPermalink





Sec. 2406. Management plan.CommentsClose CommentsPermalink





Sec. 2407. Advisory council.CommentsClose CommentsPermalink





Sec. 2408. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle F--Rio Puerco Watershed Management Program

Sec. 2501. Rio Puerco Watershed Management Program.CommentsClose CommentsPermalink

Subtitle G--Land Conveyances and Exchanges

Sec. 2601. Carson City, Nevada, land conveyances.CommentsClose CommentsPermalink





Sec. 2602. Southern Nevada limited transition area conveyance.CommentsClose CommentsPermalink





Sec. 2603. Nevada Cancer Institute land conveyance.CommentsClose CommentsPermalink





Sec. 2604. Turnabout Ranch land conveyance, Utah.CommentsClose CommentsPermalink





Sec. 2605. Boy Scouts land exchange, Utah.CommentsClose CommentsPermalink





Sec. 2606. Douglas County, Washington, land conveyance.CommentsClose CommentsPermalink





Sec. 2607. Twin Falls, Idaho, land conveyance.CommentsClose CommentsPermalink





Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada.CommentsClose CommentsPermalink





Sec. 2609. Park City, Utah, land conveyance.CommentsClose CommentsPermalink





Sec. 2610. Release of reversionary interest in certain lands in Reno, Nevada.CommentsClose CommentsPermalink





Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.CommentsClose CommentsPermalink

TITLE III--FOREST SERVICE AUTHORIZATIONS

Subtitle A--Watershed Restoration and Enhancement

Sec. 3001. Watershed restoration and enhancement agreements.CommentsClose CommentsPermalink

Subtitle B--Wildland Firefighter Safety

Sec. 3101. Wildland firefighter safety.CommentsClose CommentsPermalink

Subtitle C--Wyoming Range

Sec. 3201. Definitions.CommentsClose CommentsPermalink





Sec. 3202. Withdrawal of certain land in the Wyoming range.CommentsClose CommentsPermalink





Sec. 3203. Acceptance of the donation of valid existing mining or leasing rights in the Wyoming range.CommentsClose CommentsPermalink

Subtitle D--Land Conveyances and Exchanges

Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.CommentsClose CommentsPermalink





Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance, Montana.CommentsClose CommentsPermalink





Sec. 3303. Santa Fe National Forest; Pecos National Historical Park Land Exchange.CommentsClose CommentsPermalink





Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.CommentsClose CommentsPermalink





Sec. 3305. Kittitas County, Washington, land conveyance.CommentsClose CommentsPermalink





Sec. 3306. Mammoth Community Water District use restrictions.CommentsClose CommentsPermalink





Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.CommentsClose CommentsPermalink





Sec. 3308. Boundary adjustment, Frank Church River of No Return Wilderness.CommentsClose CommentsPermalink





Sec. 3309. Sandia pueblo land exchange technical amendment.CommentsClose CommentsPermalink

Subtitle E--Colorado Northern Front Range Study

Sec. 3401. Purpose.CommentsClose CommentsPermalink





Sec. 3402. Definitions.CommentsClose CommentsPermalink





Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.CommentsClose CommentsPermalink

TITLE IV--FOREST LANDSCAPE RESTORATION

Sec. 4001. Purpose.CommentsClose CommentsPermalink





Sec. 4002. Definitions.CommentsClose CommentsPermalink





Sec. 4003. Collaborative Forest Landscape Restoration Program.CommentsClose CommentsPermalink





Sec. 4004. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE V--RIVERS AND TRAILS

Subtitle A--Additions to the National Wild and Scenic Rivers System

Sec. 5001. Fossil Creek, Arizona.CommentsClose CommentsPermalink





Sec. 5002. Snake River Headwaters, Wyoming.CommentsClose CommentsPermalink





Sec. 5003. Taunton River, Massachusetts.CommentsClose CommentsPermalink

Subtitle B--Wild and Scenic Rivers Studies

Sec. 5101. Missisquoi and Trout Rivers Study.CommentsClose CommentsPermalink

Subtitle C--Additions to the National Trails System

Sec. 5201. Arizona National Scenic Trail.CommentsClose CommentsPermalink





Sec. 5202. New England National Scenic Trail.CommentsClose CommentsPermalink





Sec. 5203. Ice Age Floods National Geologic Trail.CommentsClose CommentsPermalink





Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic Trail.CommentsClose CommentsPermalink





Sec. 5205. Pacific Northwest National Scenic Trail.CommentsClose CommentsPermalink





Sec. 5206. Trail of Tears National Historic Trail.CommentsClose CommentsPermalink

Subtitle D--National Trail System Amendments

Sec. 5301. National Trails System willing seller authority.CommentsClose CommentsPermalink





Sec. 5302. Revision of feasibility and suitability studies of existing national historic trails.CommentsClose CommentsPermalink





Sec. 5303. Chisholm Trail and Great Western Trails Studies.CommentsClose CommentsPermalink

TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS

Subtitle A--Cooperative Watershed Management Program

Sec. 6001. Definitions.CommentsClose CommentsPermalink





Sec. 6002. Program.CommentsClose CommentsPermalink





Sec. 6003. Effect of subtitle.CommentsClose CommentsPermalink

Subtitle B--Competitive Status for Federal Employees in Alaska

Sec. 6101. Competitive status for certain Federal employees in the State of Alaska.CommentsClose CommentsPermalink

Subtitle C--Management of the Baca National Wildlife Refuge

Sec. 6201. Baca National Wildlife Refuge.CommentsClose CommentsPermalink

Subtitle D--Paleontological Resources Preservation

Sec. 6301. Definitions.CommentsClose CommentsPermalink





Sec. 6302. Management.CommentsClose CommentsPermalink





Sec. 6303. Public awareness and education program.CommentsClose CommentsPermalink





Sec. 6304. Collection of paleontological resources.CommentsClose CommentsPermalink





Sec. 6305. Curation of resources.CommentsClose CommentsPermalink





Sec. 6306. Prohibited acts; criminal penalties.CommentsClose CommentsPermalink





Sec. 6307. Civil penalties.CommentsClose CommentsPermalink





Sec. 6308. Rewards and forfeiture.CommentsClose CommentsPermalink





Sec. 6309. Confidentiality.CommentsClose CommentsPermalink





Sec. 6310. Regulations.CommentsClose CommentsPermalink





Sec. 6311. Savings provisions.CommentsClose CommentsPermalink





Sec. 6312. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle E--Izembek National Wildlife Refuge Land Exchange

Sec. 6401. Definitions.CommentsClose CommentsPermalink





Sec. 6402. Land exchange.CommentsClose CommentsPermalink





Sec. 6403. King Cove Road.CommentsClose CommentsPermalink





Sec. 6404. Administration of conveyed lands.CommentsClose CommentsPermalink





Sec. 6405. Failure to begin road construction.CommentsClose CommentsPermalink





Sec. 6406. Expiration of legislative.CommentsClose CommentsPermalink

Subtitle F--Wolf Livestock Loss Demonstration Project

Sec. 6501. Definitions.CommentsClose CommentsPermalink





Sec. 6502. Wolf compensation and prevention program.CommentsClose CommentsPermalink





Sec. 6503. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS

Subtitle A--Additions to the National Park System

Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.CommentsClose CommentsPermalink





Sec. 7002. William Jefferson Clinton Birthplace Home National Historic Site.CommentsClose CommentsPermalink





Sec. 7003. River Raisin National Battlefield Park.CommentsClose CommentsPermalink

Subtitle B--Amendments to Existing Units of the National Park System

Sec. 7101. Funding for Keweenaw National Historical Park.CommentsClose CommentsPermalink





Sec. 7102. Location of visitor and administrative facilities for Weir Farm National Historic Site.CommentsClose CommentsPermalink





Sec. 7103. Little River Canyon National Preserve boundary expansion.CommentsClose CommentsPermalink





Sec. 7104. Hopewell Culture National Historical Park boundary expansion.CommentsClose CommentsPermalink





Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary adjustment.CommentsClose CommentsPermalink





Sec. 7106. Minute Man National Historical Park.CommentsClose CommentsPermalink





Sec. 7107. Everglades National Park.CommentsClose CommentsPermalink





Sec. 7108. Kalaupapa National Historical Park.CommentsClose CommentsPermalink





Sec. 7109. Boston Harbor Islands National Recreation Area.CommentsClose CommentsPermalink





Sec. 7110. Thomas Edison National Historical Park, New Jersey.CommentsClose CommentsPermalink





Sec. 7111. Women’s Rights National Historical Park.CommentsClose CommentsPermalink





Sec. 7112. Martin Van Buren National Historic Site.CommentsClose CommentsPermalink





Sec. 7113. Palo Alto Battlefield National Historical Park.CommentsClose CommentsPermalink





Sec. 7114. Abraham Lincoln Birthplace National Historical Park.CommentsClose CommentsPermalink





Sec. 7115. New River Gorge National River.CommentsClose CommentsPermalink





Sec. 7116. Technical corrections.CommentsClose CommentsPermalink





Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio.CommentsClose CommentsPermalink





Sec. 7118. Fort Davis National Historic Site.CommentsClose CommentsPermalink

Subtitle C--Special Resource Studies

Sec. 7201. Walnut Canyon study.CommentsClose CommentsPermalink





Sec. 7202. Tule Lake Segregation Center, California.CommentsClose CommentsPermalink





Sec. 7203. Estate Grange, St. Croix.CommentsClose CommentsPermalink





Sec. 7204. Harriet Beecher Stowe House, Maine.CommentsClose CommentsPermalink





Sec. 7205. Shepherdstown battlefield, West Virginia.CommentsClose CommentsPermalink





Sec. 7206. Green McAdoo School, Tennessee.CommentsClose CommentsPermalink





Sec. 7207. Harry S Truman Birthplace, Missouri.CommentsClose CommentsPermalink





Sec. 7208. Battle of Matewan special resource study.CommentsClose CommentsPermalink





Sec. 7209. Butterfield Overland Trail.CommentsClose CommentsPermalink





Sec. 7210. Cold War sites theme study.CommentsClose CommentsPermalink





Sec. 7211. Battle of Camden, South Carolina.CommentsClose CommentsPermalink





Sec. 7212. Fort San Geronimo, Puerto Rico.CommentsClose CommentsPermalink

Subtitle D--Program Authorizations

Sec. 7301. American Battlefield Protection Program.CommentsClose CommentsPermalink





Sec. 7302. Preserve America Program.CommentsClose CommentsPermalink





Sec. 7303. Save America’s Treasures Program.CommentsClose CommentsPermalink





Sec. 7304. Route 66 Corridor Preservation Program.CommentsClose CommentsPermalink





Sec. 7305. National Cave and Karst Research Institute.CommentsClose CommentsPermalink

Subtitle E--Advisory Commissions

Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.CommentsClose CommentsPermalink





Sec. 7402. Cape Cod National Seashore Advisory Commission.CommentsClose CommentsPermalink





Sec. 7403. National Park System Advisory Board.CommentsClose CommentsPermalink





Sec. 7404. Concessions Management Advisory Board.CommentsClose CommentsPermalink





Sec. 7405. St. Augustine 450th Commemoration Commission.CommentsClose CommentsPermalink

TITLE VIII--NATIONAL HERITAGE AREAS

Subtitle A--Designation of National Heritage Areas

Sec. 8001. Sangre de Cristo National Heritage Area, Colorado.CommentsClose CommentsPermalink





Sec. 8002. Cache La Poudre River National Heritage Area, Colorado.CommentsClose CommentsPermalink





Sec. 8003. South Park National Heritage Area, Colorado.CommentsClose CommentsPermalink





Sec. 8004. Northern Plains National Heritage Area, North Dakota.CommentsClose CommentsPermalink





Sec. 8005. Baltimore National Heritage Area, Maryland.CommentsClose CommentsPermalink





Sec. 8006. Freedom’s Way National Heritage Area, Massachusetts and New Hampshire.CommentsClose CommentsPermalink





Sec. 8007. Mississippi Hills National Heritage Area.CommentsClose CommentsPermalink





Sec. 8008. Mississippi Delta National Heritage Area.CommentsClose CommentsPermalink





Sec. 8009. Muscle Shoals National Heritage Area, Alabama.CommentsClose CommentsPermalink





Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska.CommentsClose CommentsPermalink

Subtitle B--Studies

Sec. 8101. Chattahoochee Trace, Alabama and Georgia.CommentsClose CommentsPermalink





Sec. 8102. Northern Neck, Virginia.CommentsClose CommentsPermalink

Subtitle C--Amendments Relating to National Heritage Corridors

Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage Corridor.CommentsClose CommentsPermalink





Sec. 8202. Delaware And Lehigh National Heritage Corridor.CommentsClose CommentsPermalink





Sec. 8203. Erie Canalway National Heritage Corridor.CommentsClose CommentsPermalink





Sec. 8204. John H. Chafee Blackstone River Valley National Heritage Corridor.CommentsClose CommentsPermalink

TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS

Subtitle A--Feasibility Studies

Sec. 9001. Snake, Boise, and Payette River systems, Idaho.CommentsClose CommentsPermalink





Sec. 9002. Sierra Vista Subwatershed, Arizona.CommentsClose CommentsPermalink





Sec. 9003. San Diego Intertie, California.CommentsClose CommentsPermalink

Subtitle B--Project Authorizations

Sec. 9101. Tumalo Irrigation District Water Conservation Project, Oregon.CommentsClose CommentsPermalink





Sec. 9102. Madera Water Supply Enhancement Project, California.CommentsClose CommentsPermalink





Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico.CommentsClose CommentsPermalink





Sec. 9104. Rancho Cailfornia Water District project, California.CommentsClose CommentsPermalink





Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado.CommentsClose CommentsPermalink





Sec. 9106. Rio Grande Pueblos, New Mexico.CommentsClose CommentsPermalink





Sec. 9107. Upper Colorado River endangered fish programs.CommentsClose CommentsPermalink





Sec. 9108. Santa Margarita River, California.CommentsClose CommentsPermalink





Sec. 9109. Elsinore Valley Municipal Water District.CommentsClose CommentsPermalink





Sec. 9110. North Bay Water Reuse Authority.CommentsClose CommentsPermalink





Sec. 9111. Prado Basin Natural Treatment System Project, California.CommentsClose CommentsPermalink





Sec. 9112. Bunker Hill Groundwater Basin, California.CommentsClose CommentsPermalink





Sec. 9113. GREAT Project, California.CommentsClose CommentsPermalink





Sec. 9114. Yucaipa Valley Water District, California.CommentsClose CommentsPermalink





Sec. 9115. Arkansas Valley Conduit, Colorado.CommentsClose CommentsPermalink

Subtitle C--Title Transfers and Clarifications

Sec. 9201. Transfer of McGee Creek pipeline and facilities.CommentsClose CommentsPermalink





Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification.CommentsClose CommentsPermalink





Sec. 9203. Goleta Water District Water Distribution System, California.CommentsClose CommentsPermalink

Subtitle D--San Gabriel Basin Restoration Fund

Sec. 9301. Restoration Fund.CommentsClose CommentsPermalink

Subtitle E--Lower Colorado River Multi-Species Conservation Program

Sec. 9401. Definitions.CommentsClose CommentsPermalink





Sec. 9402. Implementation and water accounting.CommentsClose CommentsPermalink





Sec. 9403. Enforceability of program documents.CommentsClose CommentsPermalink





Sec. 9404. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle F--Secure Water

Sec. 9501. Findings.CommentsClose CommentsPermalink





Sec. 9502. Definitions.CommentsClose CommentsPermalink





Sec. 9503. Reclamation climate change and water program.CommentsClose CommentsPermalink





Sec. 9504. Water management improvement.CommentsClose CommentsPermalink





Sec. 9505. Hydroelectric power assessment.CommentsClose CommentsPermalink





Sec. 9506. Climate change and water intragovernmental panel.CommentsClose CommentsPermalink





Sec. 9507. Water data enhancement by United States Geological Survey.CommentsClose CommentsPermalink





Sec. 9508. National water availability and use assessment program.CommentsClose CommentsPermalink





Sec. 9509. Research agreement authority.CommentsClose CommentsPermalink





Sec. 9510. Effect.CommentsClose CommentsPermalink

Subtitle G--Aging Infrastructure

Sec. 9601 Definitions.CommentsClose CommentsPermalink





Sec. 9602. Guidelines and inspection of project facilities and technical assistance to transferred works operating entities.CommentsClose CommentsPermalink





Sec. 9603. Extraordinary operation and maintenance work performed by the Secretary.CommentsClose CommentsPermalink





Sec. 9604. Relationship to Twenty-First Century Water Works Act.CommentsClose CommentsPermalink





Sec. 9605. 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. 10001. Short title.CommentsClose CommentsPermalink





Sec. 10002. Purpose.CommentsClose CommentsPermalink





Sec. 10003. Definitions.CommentsClose CommentsPermalink





Sec. 10004. Implementation of settlement.CommentsClose CommentsPermalink





Sec. 10005. Acquisition and disposal of property; title to facilities.CommentsClose CommentsPermalink





Sec. 10006. Compliance with applicable law.CommentsClose CommentsPermalink





Sec. 10007. Compliance with Central Valley Project Improvement Act.CommentsClose CommentsPermalink





Sec. 10008. No private right of action.CommentsClose CommentsPermalink





Sec. 10009. Appropriations; Settlement Fund.CommentsClose CommentsPermalink





Sec. 10010. Repayment contracts and acceleration of repayment of construction costs.CommentsClose CommentsPermalink





Sec. 10011. California Central Valley Spring Run Chinook salmon.CommentsClose CommentsPermalink

PART II--Study to Develop Water Plan; Report

Sec. 10101. Study to develop water plan; report.CommentsClose CommentsPermalink

PART III--Friant Division Improvements

Sec. 10201. Federal facility improvements.CommentsClose CommentsPermalink





Sec. 10202. Financial assistance for local projects.CommentsClose CommentsPermalink





Sec. 10203. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Northwestern New Mexico Rural Water Projects

Sec. 10301. Short title.CommentsClose CommentsPermalink





Sec. 10302. Definitions.CommentsClose CommentsPermalink





Sec. 10303. Compliance with environmental laws.CommentsClose CommentsPermalink





Sec. 10304. No reallocation of costs.CommentsClose CommentsPermalink





Sec. 10305. Interest rate.CommentsClose CommentsPermalink

PART I--Amendments to the Colorado River Storage Project Act and Public Law 87-483

Sec. 10401. Amendments to the Colorado River Storage Project Act.CommentsClose CommentsPermalink





Sec. 10402. Amendments to Public Law 87-483.CommentsClose CommentsPermalink





Sec. 10403. Effect on Federal water law.CommentsClose CommentsPermalink

PART II--Reclamation Water Settlements Fund

Sec. 10501. Reclamation Water Settlements Fund.CommentsClose CommentsPermalink

PART III--Navajo-Gallup Water Supply Project

Sec. 10601. Purposes.CommentsClose CommentsPermalink





Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.CommentsClose CommentsPermalink





Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project water.CommentsClose CommentsPermalink





Sec. 10604. Project contracts.CommentsClose CommentsPermalink





Sec. 10605. Navajo Nation Municipal Pipeline.CommentsClose CommentsPermalink





Sec. 10606. Authorization of conjunctive use wells.CommentsClose CommentsPermalink





Sec. 10607. San Juan River Navajo Irrigation Projects.CommentsClose CommentsPermalink





Sec. 10608. Other irrigation projects.CommentsClose CommentsPermalink





Sec. 10609. Authorization of appropriations.CommentsClose CommentsPermalink

PART IV--Navajo Nation Water Rights

Sec. 10701. Agreement.CommentsClose CommentsPermalink





Sec. 10702. Trust Fund.CommentsClose CommentsPermalink





Sec. 10703. Waivers and releases.CommentsClose CommentsPermalink





Sec. 10704. Water rights held in trust.CommentsClose CommentsPermalink

Subtitle C--Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement

Sec. 10801. Findings.CommentsClose CommentsPermalink





Sec. 10802. Purposes.CommentsClose CommentsPermalink





Sec. 10803. Definitions.CommentsClose CommentsPermalink





Sec. 10804. Approval, ratification, and confirmation of agreement; authorization.CommentsClose CommentsPermalink





Sec. 10805. Tribal water rights.CommentsClose CommentsPermalink





Sec. 10806. Duck Valley Indian Irrigation Project.CommentsClose CommentsPermalink





Sec. 10807. Development and Maintenance Funds.CommentsClose CommentsPermalink





Sec. 10808. Tribal waiver and release of claims.CommentsClose CommentsPermalink





Sec. 10809. Miscellaneous.CommentsClose CommentsPermalink

TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS

Sec. 11001. Reauthorization of the National Geologic Mapping Act of 1992.CommentsClose CommentsPermalink





Sec. 11002. New Mexico water resources study.CommentsClose CommentsPermalink

TITLE XII--OCEANS

Subtitle A--Ocean Exploration

PART I--Exploration

Sec. 12001. Purpose.CommentsClose CommentsPermalink





Sec. 12002. Program established.CommentsClose CommentsPermalink





Sec. 12003. Powers and duties of the Administrator.CommentsClose CommentsPermalink





Sec. 12004. Ocean exploration and undersea research technology and infrastructure task force.CommentsClose CommentsPermalink





Sec. 12005. Ocean Exploration Advisory Board.CommentsClose CommentsPermalink





Sec. 12006. Authorization of appropriations.CommentsClose CommentsPermalink

PART II--NOAA Undersea Research Program Act of 2009

Sec. 12101. Short title.CommentsClose CommentsPermalink





Sec. 12102. Program established.CommentsClose CommentsPermalink





Sec. 12103. Powers of program director.CommentsClose CommentsPermalink





Sec. 12104. Administrative structure.CommentsClose CommentsPermalink





Sec. 12105. Research, exploration, education, and technology programs.CommentsClose CommentsPermalink





Sec. 12106. Competitiveness.CommentsClose CommentsPermalink





Sec. 12107. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Ocean and Coastal Mapping Integration Act

Sec. 12201. Short title.CommentsClose CommentsPermalink





Sec. 12202. Establishment of program.CommentsClose CommentsPermalink





Sec. 12203. Interagency committee on ocean and coastal mapping.CommentsClose CommentsPermalink





Sec. 12204. Biannual reports.CommentsClose CommentsPermalink





Sec. 12205. Plan.CommentsClose CommentsPermalink





Sec. 12206. Effect on other laws.CommentsClose CommentsPermalink





Sec. 12207. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 12208. Definitions.CommentsClose CommentsPermalink

Subtitle C--Integrated Coastal and Ocean Observation System Act of 2009

Sec. 12301. Short title.CommentsClose CommentsPermalink





Sec. 12302. Purposes.CommentsClose CommentsPermalink





Sec. 12303. Definitions.CommentsClose CommentsPermalink





Sec. 12304. Integrated coastal and ocean observing system.CommentsClose CommentsPermalink





Sec. 12305. Interagency financing and agreements.CommentsClose CommentsPermalink





Sec. 12306. Application with other laws.CommentsClose CommentsPermalink





Sec. 12307. Report to Congress.CommentsClose CommentsPermalink





Sec. 12308. Public-private use policy.CommentsClose CommentsPermalink





Sec. 12309. Independent cost estimate.CommentsClose CommentsPermalink





Sec. 12310. Intent of Congress.CommentsClose CommentsPermalink





Sec. 12311. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle D--Federal Ocean Acidification Research and Monitoring Act of 2009

Sec. 12401. Short title.CommentsClose CommentsPermalink





Sec. 12402. Purposes.CommentsClose CommentsPermalink





Sec. 12403. Definitions.CommentsClose CommentsPermalink





Sec. 12404. Interagency subcommittee.CommentsClose CommentsPermalink





Sec. 12405. Strategic research plan.CommentsClose CommentsPermalink





Sec. 12406. NOAA ocean acidification activities.CommentsClose CommentsPermalink





Sec. 12407. NSF ocean acidification activities.CommentsClose CommentsPermalink





Sec. 12408. NASA ocean acidification activities.CommentsClose CommentsPermalink





Sec. 12409. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle E--Coastal and Estuarine Land Conservation Program

Sec. 12501. Short title.CommentsClose CommentsPermalink





Sec. 12502. Authorization of Coastal and Estuarine Land Conservation Program.CommentsClose CommentsPermalink

TITLE XIII--MISCELLANEOUS

Sec. 13001. Management and distribution of North Dakota trust funds.CommentsClose CommentsPermalink





Sec. 13002. Amendments to the Fisheries Restoration and Irrigation Mitigation Act of 2000.CommentsClose CommentsPermalink





Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.CommentsClose CommentsPermalink





Sec. 13004. Additional Assistant Secretary for Department of Energy.CommentsClose CommentsPermalink





Sec. 13005. Lovelace Respiratory Research Institute.CommentsClose CommentsPermalink





Sec. 13006. Authorization of appropriations for National Tropical Botanical Garden.CommentsClose CommentsPermalink

TITLE XIV--CHRISTOPHER AND DANA REEVE PARALYSIS ACT

Sec. 14001. Short title.CommentsClose CommentsPermalink

Subtitle A--Paralysis Research

Sec. 14101. Activities of the National Institutes of Health with respect to research on paralysis.CommentsClose CommentsPermalink

Subtitle B--Paralysis Rehabilitation Research and Care

Sec. 14201. Activities of the National Institutes of Health with respect to research with implications for enhancing daily function for persons with paralysis.CommentsClose CommentsPermalink

Subtitle C--Improving Quality of Life for Persons With Paralysis and Other Physical Disabilities

Sec. 14301. Programs to improve quality of life for persons with paralysis and other physical disabilities.CommentsClose CommentsPermalink

TITLE XV--SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION

Sec. 15101. Laboratory and support space, Edgewater, Maryland.CommentsClose CommentsPermalink





Sec. 15102. Laboratory space, Gamboa, Panama.CommentsClose CommentsPermalink





Sec. 15103. Construction of greenhouse facility.CommentsClose CommentsPermalink

TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEMCommentsClose CommentsPermalink

Subtitle A--Wild Monongahela WildernessCommentsClose CommentsPermalink

SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST VIRGINIA.

(a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal lands within the Monongahela National Forest in the State of West Virginia are designated as wilderness and as either a new component of the National Wilderness Preservation System or as an addition to an existing component of the National Wilderness Preservation System:CommentsClose CommentsPermalink





(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 Public Law 97-466 (96 Stat. 2538).CommentsClose CommentsPermalink





(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 Public Law 93-622 (88 Stat. 2098).CommentsClose CommentsPermalink





(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 Public Law 93-622 (88 Stat. 2098).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.). The Secretary may continue to authorize the competitive running event permitted from 2003 through 2007 in the vicinity of the boundaries of the Dolly Sods Wilderness addition designated by paragraph (3) of subsection (a) and the Roaring Plains West Wilderness Area designated by paragraph (5) of such subsection, in a manner compatible with the preservation of such areas as wilderness.CommentsClose CommentsPermalink





(d) Effective Date of Wilderness Act- With respect to the Federal lands designated as wilderness by subsection (a), any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act.CommentsClose CommentsPermalink





(e) Fish and Wildlife- As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction or responsibility of the State of West Virginia with respect to wildlife and fish.CommentsClose CommentsPermalink

SEC. 1002. 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 Public Law 97-466 (96 Stat. 2538) is modified to exclude two parcels of land, as generally depicted on the map entitled ‘Monongahela National Forest Laurel Fork South Wilderness Boundary Modification’ and dated March 11, 2008, and more particularly described according to the site-specific maps and legal descriptions on file in the office of the Forest Supervisor, Monongahela National Forest. The general map shall be on file and available for public inspection in the Office of the Chief of the Forest Service.CommentsClose CommentsPermalink





(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 the Wilderness Act (16 U.S.C. 1131 et seq.).CommentsClose CommentsPermalink

SEC. 1003. 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 (16 U.S.C. 460l-9), the boundaries of the Monongahela National Forest, as confirmed by subsection (a), shall be considered to be the boundaries of the Monongahela National Forest as of January 1, 1965.CommentsClose CommentsPermalink

SEC. 1004. 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. 1101. 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. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND IN JEFFERSON NATIONAL FOREST AS WILDERNESS OR A WILDERNESS STUDY AREA.

(a) Designation of Wilderness- Section 1 of Public Law 100-326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1132 note; Public Law 98-586) is amended--CommentsClose CommentsPermalink





(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. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA, JEFFERSON NATIONAL FOREST, VIRGINIA.

(a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson National Forest comprising approximately 349 acres, as generally depicted on the map entitled ‘Kimberling Creek Additions and Potential Wilderness Area’ and dated April 28, 2008, is designated as a potential wilderness area for incorporation 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) 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 (16 U.S.C. 1131 et seq.).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.) have been removed; orCommentsClose CommentsPermalink





(2) the date that is 5 years after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 1104. 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 (16 U.S.C. 1604).CommentsClose CommentsPermalink





(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. 1105. 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 (16 U.S.C. 1131 et seq.), hiking and equestrian trails in the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5)); andCommentsClose CommentsPermalink





(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 Public Law 100-326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5)) connecting to Forest Development Road 49352 in Smyth County, Virginia.CommentsClose CommentsPermalink

SEC. 1106. 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 Public Law 100-326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5));CommentsClose CommentsPermalink





(3) the wilderness study area designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-586) (as added by section 1102(b)(2)(D)); andCommentsClose CommentsPermalink





(4) the potential wilderness area designated by section 1103(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. 1107. EFFECTIVE DATE.

Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering--CommentsClose CommentsPermalink





(1) the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100-326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5)); andCommentsClose CommentsPermalink





(2) the potential wilderness area designated by section 1103(a).CommentsClose CommentsPermalink

Subtitle C--Mt. Hood Wilderness, OregonCommentsClose CommentsPermalink

SEC. 1201. 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. 1202. DESIGNATION OF WILDERNESS AREAS.

(a) Designation of Lewis and Clark Mount Hood Wilderness Areas- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State of Oregon are designated as wilderness areas and as components of the National Wilderness Preservation System:CommentsClose CommentsPermalink





(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 (16 U.S.C. 1132 note; 98 Stat. 273).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1132 note; 98 Stat. 273).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1132 note; 98 Stat. 273).CommentsClose CommentsPermalink





(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’, ‘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 (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43).CommentsClose CommentsPermalink





(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 Addition’, ‘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 (16 U.S.C. 1132 note; 98 Stat. 273).CommentsClose CommentsPermalink





(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 ‘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 (16 U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 900 acres identified as ‘Potential Wilderness’ on the map entitled ‘Roaring River Wilderness’, dated July 16, 2007, is designated as a potential wilderness area.CommentsClose CommentsPermalink





(B) MANAGEMENT- The potential wilderness area designated by subparagraph (A) shall be managed in accordance with section 4 of the Wilderness Act (16 U.S.C. 1133).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.), the potential wilderness shall be--CommentsClose CommentsPermalink





(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 1206(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 (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and subsection (a)(5).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1132 note; 98 Stat. 273) and enlarged by subsection (a)(7).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.), and any other applicable law.CommentsClose CommentsPermalink





(f) Buffer Zones-CommentsClose CommentsPermalink





(1) IN GENERAL- As provided in the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-328), Congress does not intend for designation of wilderness areas in the State under this section to lead to the creation of protective perimeters or buffer zones around each wilderness area.CommentsClose CommentsPermalink





(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 (16 U.S.C. 1133(d)(1)), within the wilderness areas designated by this section, the Secretary that has jurisdiction over the land within the wilderness (referred to in this subsection as the ‘Secretary’) may take such measures as are necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate.CommentsClose CommentsPermalink





(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. 1203. 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 (16 U.S.C. 1274(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(171) SOUTH FORK CLACKAMAS RIVER, OREGON- 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, OREGON- 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, OREGON- 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, OREGON- 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, OREGON-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, OREGON- 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, OREGON- 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, OREGON- 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’ (16 U.S.C. 544k(a)(4)) is amended by striking ‘for a period not to exceed twenty years from the date of enactment of this Act,’.CommentsClose CommentsPermalink

SEC. 1204. 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 1202 that is located within the Mount Hood National Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).CommentsClose CommentsPermalink





(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 that is within or adjacent to the Mount Hood National Recreation Area and that is identified as ‘BLM Lands’ on the map entitled ‘National Recreation Areas--Shellrock Mountain’, dated February 2007.CommentsClose CommentsPermalink

SEC. 1205. 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 1206(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 1202.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. 1206. 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 (43 U.S.C. 1716).CommentsClose CommentsPermalink





(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 (43 U.S.C. 1716).CommentsClose CommentsPermalink





(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 (43 U.S.C. 1716).CommentsClose CommentsPermalink





(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 1204(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’) (16 U.S.C. 480 et seq.); andCommentsClose CommentsPermalink





(II) any laws (including regulations) applicable to the National Forest System; andCommentsClose CommentsPermalink





(ii) subject to sections 1202(c)(3) and 1204(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 (16 U.S.C. 460l-9), the boundaries of the Mount Hood National Forest modified by this paragraph shall be considered to be the boundaries of the Mount Hood National Forest in existence as of January 1, 1965.CommentsClose CommentsPermalink





(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. 1207. 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 and Bands 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 and Bands 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 help 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 abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands 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. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS.

(a) Designation- Section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-328) is amended--CommentsClose CommentsPermalink





(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. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.

Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(76)) is amended--CommentsClose CommentsPermalink





(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. 1303. 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. 1401. 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 1405(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. 1402. 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. 1403. 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 Acquisitions; 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 1402(a)(1).CommentsClose CommentsPermalink

SEC. 1404. 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 Acquisitions; 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. 1405. SODA MOUNTAIN WILDERNESS.

(a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), approximately 24,100 acres of Monument land, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Soda Mountain Wilderness’.CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1133(d)(1)) as are necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate.CommentsClose CommentsPermalink





(3) LIVESTOCK- Except as provided in section 1402 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 (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(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 (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.), and any other applicable law.CommentsClose CommentsPermalink

SEC. 1406. 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 1402;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. 1501. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) ACCOUNT- The term ‘account’ means the Owyhee Land Acquisition Account established by section 1505(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 1507.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 (43 U.S.C. 1702(e)).CommentsClose CommentsPermalink





(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 Paiute Tribes of the Duck Valley Reservation.CommentsClose CommentsPermalink

SEC. 1502. 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. 1503. WILDERNESS AREAS.

(a) Wilderness Areas Designation-CommentsClose CommentsPermalink





(1) IN GENERAL- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:CommentsClose CommentsPermalink





(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 December 15, 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 (43 U.S.C. 1782(c)), the public land in the County administered by the Bureau of Land Management has been adequately studied for wilderness designation.CommentsClose CommentsPermalink





(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 (43 U.S.C. 1782(c)); andCommentsClose CommentsPermalink





(ii) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1133(d)(4)) and the guidelines described in Appendix A of House Report 101-405.CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.).CommentsClose CommentsPermalink





(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 (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and guide activities) are authorized in wilderness areas designated by this subtitle to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the areas.CommentsClose CommentsPermalink





(7) ACCESS TO PRIVATE PROPERTY- In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the boundary of a wilderness area designated by this subtitle adequate access to the property.CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas designated by this subtitle, if the management activities are--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies, such as those established in Appendix B of House Report 101-405, the State may use aircraft (including helicopters) in the wilderness areas designated by this subtitle to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, feral horses, and feral burros.CommentsClose CommentsPermalink





(9) WILDFIRE, INSECT, AND DISEASE MANAGEMENT- Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency.CommentsClose CommentsPermalink





(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 1504.CommentsClose CommentsPermalink

SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.

(a) In General- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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 (16 U.S.C. 1274(b)), the boundary of a river segment designated as a component of the National Wild and Scenic Rivers System under this subtitle shall extend not more than the shorter of--CommentsClose CommentsPermalink





(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. 1505. 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 July 25, 2000, 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 1503(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





(4) ADDITIONAL AMOUNTS- If necessary, the Secretary may use additional amounts appropriated to the Department of the Interior, subject to applicable reprogramming guidelines.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 (43 U.S.C. 2305(a)); andCommentsClose CommentsPermalink





(C) used in accordance with that subtitle.CommentsClose CommentsPermalink

SEC. 1506. 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. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS.

(a) In General- In accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall, in coordination with the Tribes, State, and County, prepare 1 or more travel management plans for motorized and mechanized off-highway vehicle recreation for the land managed by the Bureau of Land Management in the County.CommentsClose CommentsPermalink





(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. 1508. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink

Subtitle G--Sabinoso Wilderness, New MexicoCommentsClose CommentsPermalink

SEC. 1601. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) MAP- The term ‘map’ means the map entitled ‘Sabinoso Wilderness’ and dated September 8, 2008.CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(3) STATE- The term ‘State’ means the State of New Mexico.CommentsClose CommentsPermalink

SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS.

(a) In General- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 16,030 acres of land under the jurisdiction of the Taos Field Office Bureau of Land Management, New Mexico, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Sabinoso Wilderness’.CommentsClose CommentsPermalink





(b) Map and Legal Description-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 the Sabinoso 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 any clerical and typographical errors in the map and 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 Bureau of Land Management.CommentsClose CommentsPermalink





(c) Administration of Wilderness-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to valid existing rights, the Sabinoso Wilderness shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(A) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.CommentsClose CommentsPermalink





(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land within the boundary of the Sabinoso Wilderness that is acquired by the United States shall--CommentsClose CommentsPermalink





(A) become part of the Sabinoso Wilderness; andCommentsClose CommentsPermalink





(B) be managed in accordance with this subtitle and any other laws applicable to the Sabinoso Wilderness.CommentsClose CommentsPermalink





(3) GRAZING- The grazing of livestock in the Sabinoso Wilderness, if established before the date of enactment of this Act, shall be administered in accordance with--CommentsClose CommentsPermalink





(A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(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- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife in the State.CommentsClose CommentsPermalink





(5) ACCESS-CommentsClose CommentsPermalink





(A) IN GENERAL- In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall continue to allow private landowners adequate access to inholdings in the Sabinoso Wilderness.CommentsClose CommentsPermalink





(B) CERTAIN LAND- For access purposes, private land within T. 16 N., R. 23 E., secs. 17 and 20 and the N 1/2 of sec. 21, N.M.M., shall be managed as an inholding in the Sabinoso Wilderness.CommentsClose CommentsPermalink





(d) Withdrawal- Subject to valid existing rights, the land generally depicted on the map as ‘Lands Withdrawn From Mineral Entry’ and ‘Lands Released From Wilderness Study Area & Withdrawn From Mineral Entry’ is withdrawn from--CommentsClose CommentsPermalink





(1) all forms of entry, appropriation, and disposal under the public land laws, except disposal by exchange in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716);CommentsClose CommentsPermalink





(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink





(3) operation of the mineral materials and geothermal leasing laws.CommentsClose CommentsPermalink





(e) Release of Wilderness Study Areas- Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public lands within the Sabinoso Wilderness Study Area not designated as wilderness by this subtitle--CommentsClose CommentsPermalink





(1) have been adequately studied for wilderness designation and are no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); andCommentsClose CommentsPermalink





(2) shall be managed in accordance with applicable law (including subsection (d)) and the land use management plan for the surrounding area.CommentsClose CommentsPermalink

Subtitle H--Pictured Rocks National Lakeshore WildernessCommentsClose CommentsPermalink

SEC. 1651. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) LINE OF DEMARCATION- The term ‘line of demarcation’ means the point on the bank or shore at which the surface waters of Lake Superior meet the land or sand beach, regardless of the level of Lake Superior.CommentsClose CommentsPermalink





(2) MAP- The term ‘map’ means the map entitled ‘Pictured Rocks National Lakeshore Beaver Basin Wilderness Boundary’, numbered 625/80,051, and dated April 16, 2007.CommentsClose CommentsPermalink





(3) NATIONAL LAKESHORE- The term ‘National Lakeshore’ means the Pictured Rocks National Lakeshore.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(5) WILDERNESS- The term ‘Wilderness’ means the Beaver Basin Wilderness designated by section 1652(a).CommentsClose CommentsPermalink

SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS.

(a) In General- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the land described in subsection (b) is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Beaver Basin Wilderness’.CommentsClose CommentsPermalink





(b) Description of Land- The land referred to in subsection (a) is the land and inland water comprising approximately 11,740 acres within the National Lakeshore, as generally depicted on the map.CommentsClose CommentsPermalink





(c) Boundary-CommentsClose CommentsPermalink





(1) LINE OF DEMARCATION- The line of demarcation shall be the boundary for any portion of the Wilderness that is bordered by Lake Superior.CommentsClose CommentsPermalink





(2) SURFACE WATER- The surface water of Lake Superior, regardless of the fluctuating lake level, shall be considered to be outside the boundary of the Wilderness.CommentsClose CommentsPermalink





(d) Map and Legal Description-CommentsClose CommentsPermalink





(1) 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





(2) LEGAL DESCRIPTION- 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 legal description of the boundary of the Wilderness.CommentsClose CommentsPermalink





(3) FORCE AND EFFECT- The map and the legal description submitted under paragraph (2) 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 map and legal description.CommentsClose CommentsPermalink

SEC. 1653. ADMINISTRATION.

(a) Management- Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(1) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) with respect to land administered by the Secretary, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.CommentsClose CommentsPermalink





(b) Use of Electric Motors- The use of boats powered by electric motors on Little Beaver and Big Beaver Lakes may continue, subject to any applicable laws (including regulations).CommentsClose CommentsPermalink

SEC. 1654. EFFECT.

Nothing in this subtitle--CommentsClose CommentsPermalink





(1) modifies, alters, or affects any treaty rights;CommentsClose CommentsPermalink





(2) alters the management of the water of Lake Superior within the boundary of the Pictured Rocks National Lakeshore in existence on the date of enactment of this Act; orCommentsClose CommentsPermalink





(3) prohibits--CommentsClose CommentsPermalink





(A) the use of motors on the surface water of Lake Superior adjacent to the Wilderness; orCommentsClose CommentsPermalink





(B) the beaching of motorboats at the line of demarcation.CommentsClose CommentsPermalink

Subtitle I--Oregon Badlands WildernessCommentsClose CommentsPermalink

SEC. 1701. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) DISTRICT- The term ‘District’ means the Central Oregon Irrigation District.CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(3) STATE- The term ‘State’ means the State of Oregon.CommentsClose CommentsPermalink





(4) WILDERNESS MAP- The term ‘wilderness map’ means the map entitled ‘Badlands Wilderness’ and dated September 3, 2008.CommentsClose CommentsPermalink

SEC. 1702. OREGON BADLANDS WILDERNESS.

(a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 29,301 acres of Bureau of Land Management land in the State, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Oregon Badlands Wilderness’.CommentsClose CommentsPermalink





(b) Administration of Wilderness-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to valid existing rights, the Oregon Badlands Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(A) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.CommentsClose CommentsPermalink





(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land within the boundary of the Oregon Badlands Wilderness that is acquired by the United States shall--CommentsClose CommentsPermalink





(A) become part of the Oregon Badlands Wilderness; andCommentsClose CommentsPermalink





(B) be managed in accordance with this subtitle, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.CommentsClose CommentsPermalink





(3) GRAZING- The grazing of livestock in the Oregon Badlands 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 (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(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) ACCESS TO PRIVATE PROPERTY- In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the boundary of the Oregon Badlands Wilderness adequate access to the property.CommentsClose CommentsPermalink





(c) Potential Wilderness-CommentsClose CommentsPermalink





(1) IN GENERAL- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain Federal land managed by the Bureau of Land Management with a width of 25 feet, as generally depicted on the wilderness map as ‘Potential Wilderness’, is designated as potential wilderness.CommentsClose CommentsPermalink





(2) INTERIM MANAGEMENT- The potential wilderness designated by paragraph (1) shall be managed in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may allow nonconforming uses that are authorized and in existence on the date of enactment of this Act to continue in the potential wilderness.CommentsClose CommentsPermalink





(3) DESIGNATION AS WILDERNESS- On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) that are permitted under paragraph (2) have terminated, the potential wilderness shall be--CommentsClose CommentsPermalink





(A) designated as wilderness and as a component of the National Wilderness Preservation System; andCommentsClose CommentsPermalink





(B) incorporated into the Oregon Badlands Wilderness.CommentsClose CommentsPermalink





(d) Map and Legal Description-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Badlands 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) 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

SEC. 1703. RELEASE.

(a) Finding- Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Badlands wilderness study area that are not designated as the Oregon Badlands Wilderness or as potential wilderness have been adequately studied for wilderness or potential wilderness designation.CommentsClose CommentsPermalink





(b) Release- Any public land described in subsection (a) that is not designated as wilderness by this subtitle--CommentsClose CommentsPermalink





(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); andCommentsClose CommentsPermalink





(2) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).CommentsClose CommentsPermalink

SEC. 1704. LAND EXCHANGES.

(a) Clarno Land Exchange-CommentsClose CommentsPermalink





(1) CONVEYANCE OF LAND- Subject to subsections (c) through (e), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--CommentsClose CommentsPermalink





(A) accept the offer; andCommentsClose CommentsPermalink





(B) on receipt of acceptable title to the non-Federal land, convey to the Landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND-CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 239 acres of non-Federal land identified on the wilderness map as ‘Clarno to Federal Government’.CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is the approximately 209 acres of Federal land identified on the wilderness map as ‘Federal Government to Clarno’.CommentsClose CommentsPermalink





(3) SURVEYS- The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink





(b) District Exchange-CommentsClose CommentsPermalink





(1) CONVEYANCE OF LAND- Subject to subsections (c) through (e), if the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--CommentsClose CommentsPermalink





(A) accept the offer; andCommentsClose CommentsPermalink





(B) on receipt of acceptable title to the non-Federal land, convey to the District all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND-CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 527 acres of non-Federal land identified on the wilderness map as ‘COID to Federal Government’.CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is the approximately 697 acres of Federal land identified on the wilderness map as ‘Federal Government to COID’.CommentsClose CommentsPermalink





(3) SURVEYS- The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink





(c) Applicable Law- Except as otherwise provided in this section, the Secretary shall carry out the land exchanges under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).CommentsClose CommentsPermalink





(d) Valuation, Appraisals, and Equalization-CommentsClose CommentsPermalink





(1) IN GENERAL- The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section--CommentsClose CommentsPermalink





(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); orCommentsClose CommentsPermalink





(B) if not equal, shall be equalized in accordance with paragraph (3).CommentsClose CommentsPermalink





(2) APPRAISALS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Federal land and the non-Federal land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non-Federal land to be exchanged.CommentsClose CommentsPermalink





(B) REQUIREMENTS- An appraisal under subparagraph (A) shall be conducted in accordance with--CommentsClose CommentsPermalink





(i) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink





(ii) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink





(3) EQUALIZATION-CommentsClose CommentsPermalink





(A) IN GENERAL- If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by--CommentsClose CommentsPermalink





(i) making a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); orCommentsClose CommentsPermalink





(ii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.CommentsClose CommentsPermalink





(B) CASH EQUALIZATION PAYMENTS- Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be--CommentsClose CommentsPermalink





(i) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); andCommentsClose CommentsPermalink





(ii) used in accordance with that Act.CommentsClose CommentsPermalink





(e) Conditions of Exchange-CommentsClose CommentsPermalink





(1) IN GENERAL- The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink





(2) COSTS- As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.CommentsClose CommentsPermalink





(3) VALID EXISTING RIGHTS- The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act.CommentsClose CommentsPermalink





(f) Completion of Land Exchange- It is the intent of Congress that the land exchanges under this section shall be completed not later than 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.

Nothing in this subtitle alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).CommentsClose CommentsPermalink

Subtitle J--Spring Basin Wilderness, OregonCommentsClose CommentsPermalink

SEC. 1751. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) STATE- The term ‘State’ means the State of Oregon.CommentsClose CommentsPermalink





(3) TRIBES- The term ‘Tribes’ means the Confederated Tribes of the Warm Springs Reservation of Oregon.CommentsClose CommentsPermalink





(4) WILDERNESS MAP- The term ‘wilderness map’ means the map entitled ‘Spring Basin Wilderness with Land Exchange Proposals’ and dated September 3, 2008.CommentsClose CommentsPermalink

SEC. 1752. SPRING BASIN WILDERNESS.

(a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 6,382 acres of Bureau of Land Management land in the State, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Spring Basin Wilderness’.CommentsClose CommentsPermalink





(b) Administration of Wilderness-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to valid existing rights, the Spring Basin Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(A) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.CommentsClose CommentsPermalink





(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land within the boundary of the Spring Basin Wilderness that is acquired by the United States shall--CommentsClose CommentsPermalink





(A) become part of the Spring Basin Wilderness; andCommentsClose CommentsPermalink





(B) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.CommentsClose CommentsPermalink





(3) GRAZING- The grazing of livestock in the Spring Basin 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 (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(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





(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 file a map and a legal description of the Spring Basin 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 section, except that the Secretary may correct any typographical errors in the map and 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 Bureau of Land Management.CommentsClose CommentsPermalink

SEC. 1753. RELEASE.

(a) Finding- Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Spring Basin wilderness study area that are not designated by section 1752(a) as the Spring Basin Wilderness in the following areas have been adequately studied for wilderness designation:CommentsClose CommentsPermalink





(1) T. 8 S., R. 19 E., sec. 10, NE 1/4 , W 1/2 .CommentsClose CommentsPermalink





(2) T. 8 S., R.19 E., sec. 25, SE 1/4 , SE 1/4 .CommentsClose CommentsPermalink





(3) T. 8 S., R. 20 E., sec. 19, SE 1/4 , S 1/2 of the S 1/2 .CommentsClose CommentsPermalink





(b) Release- Any public land described in subsection (a) that is not designated as wilderness by this subtitle--CommentsClose CommentsPermalink





(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); andCommentsClose CommentsPermalink





(2) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).CommentsClose CommentsPermalink

SEC. 1754. LAND EXCHANGES.

(a) Confederated Tribes of the Warm Springs Reservation Land Exchange-CommentsClose CommentsPermalink





(1) CONVEYANCE OF LAND- Subject to subsections (e) through (g), if the Tribes offer to convey to the United States all right, title, and interest of the Tribes in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--CommentsClose CommentsPermalink





(A) accept the offer; andCommentsClose CommentsPermalink





(B) on receipt of acceptable title to the non-Federal land, convey to the Tribes all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND-CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 4,480 acres of non-Federal land identified on the wilderness map as ‘Lands proposed for transfer from the CTWSIR to the Federal Government’.CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is the approximately 4,578 acres of Federal land identified on the wilderness map as ‘Lands proposed for transfer from the Federal Government to CTWSIR’.CommentsClose CommentsPermalink





(3) SURVEYS- The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink





(4) WITHDRAWAL- Subject to valid existing rights, the land acquired by the Secretary under this subsection 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 any law relating to mineral and geothermal leasing or mineral materials.CommentsClose CommentsPermalink





(b) McGreer Land Exchange-CommentsClose CommentsPermalink





(1) CONVEYANCE OF LAND- Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--CommentsClose CommentsPermalink





(A) accept the offer; andCommentsClose CommentsPermalink





(B) on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND-CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 18 acres of non-Federal land identified on the wilderness map as ‘Lands proposed for transfer from McGreer to the Federal Government’.CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is the approximately 327 acres of Federal land identified on the wilderness map as ‘Lands proposed for transfer from the Federal Government to McGreer’.CommentsClose CommentsPermalink





(3) SURVEYS- The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink





(c) Keys Land Exchange-CommentsClose CommentsPermalink





(1) CONVEYANCE OF LAND- Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--CommentsClose CommentsPermalink





(A) accept the offer; andCommentsClose CommentsPermalink





(B) on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND-CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 180 acres of non-Federal land identified on the wilderness map as ‘Lands proposed for transfer from Keys to the Federal Government’.CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is the approximately 187 acres of Federal land identified on the wilderness map as ‘Lands proposed for transfer from the Federal Government to Keys’.CommentsClose CommentsPermalink





(3) SURVEYS- The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink





(d) Bowerman Land Exchange-CommentsClose CommentsPermalink





(1) CONVEYANCE OF LAND- Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall--CommentsClose CommentsPermalink





(A) accept the offer; andCommentsClose CommentsPermalink





(B) on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND-CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 32 acres of non-Federal land identified on the wilderness map as ‘Lands proposed for transfer from Bowerman to the Federal Government’.CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is the approximately 24 acres of Federal land identified on the wilderness map as ‘Lands proposed for transfer from the Federal Government to Bowerman’.CommentsClose CommentsPermalink





(3) SURVEYS- The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink





(e) Applicable Law- Except as otherwise provided in this section, the Secretary shall carry out the land exchanges under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).CommentsClose CommentsPermalink





(f) Valuation, Appraisals, and Equalization-CommentsClose CommentsPermalink





(1) IN GENERAL- The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section--CommentsClose CommentsPermalink





(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); orCommentsClose CommentsPermalink





(B) if not equal, shall be equalized in accordance with paragraph (3).CommentsClose CommentsPermalink





(2) APPRAISALS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Federal land and the non-Federal land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non-Federal land to be exchanged.CommentsClose CommentsPermalink





(B) REQUIREMENTS- An appraisal under subparagraph (A) shall be conducted in accordance with--CommentsClose CommentsPermalink





(i) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink





(ii) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink





(3) EQUALIZATION-CommentsClose CommentsPermalink





(A) IN GENERAL- If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by--CommentsClose CommentsPermalink





(i) making a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); orCommentsClose CommentsPermalink





(ii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.CommentsClose CommentsPermalink





(B) CASH EQUALIZATION PAYMENTS- Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be--CommentsClose CommentsPermalink





(i) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); andCommentsClose CommentsPermalink





(ii) used in accordance with that Act.CommentsClose CommentsPermalink





(g) Conditions of Exchange-CommentsClose CommentsPermalink





(1) IN GENERAL- The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink





(2) COSTS- As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.CommentsClose CommentsPermalink





(3) VALID EXISTING RIGHTS- The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act.CommentsClose CommentsPermalink





(h) Completion of Land Exchange- It is the intent of Congress that the land exchanges under this section shall be completed not later than 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.

Nothing in this subtitle alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).CommentsClose CommentsPermalink

Subtitle K--Eastern Sierra and Northern San Gabriel Wilderness, CaliforniaCommentsClose CommentsPermalink

SEC. 1801. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) FOREST- The term ‘Forest’ means the Ancient Bristlecone Pine Forest designated by section 1808(a).CommentsClose CommentsPermalink





(2) RECREATION AREA- The term ‘Recreation Area’ means the Bridgeport Winter Recreation Area designated by section 1806(a).CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means--CommentsClose CommentsPermalink





(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; andCommentsClose CommentsPermalink





(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.CommentsClose CommentsPermalink





(4) STATE- The term ‘State’ means the State of California.CommentsClose CommentsPermalink





(5) TRAIL- The term ‘Trail’ means the Pacific Crest National Scenic Trail.CommentsClose CommentsPermalink

SEC. 1802. DESIGNATION OF WILDERNESS AREAS.

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness and as components of the National Wilderness Preservation System:CommentsClose CommentsPermalink





(1) HOOVER WILDERNESS ADDITIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Certain land in the Humboldt-Toiyabe and Inyo National Forests, comprising approximately 79,820 acres and identified as ‘Hoover East Wilderness Addition,’ ‘Hoover West Wilderness Addition’, and ‘Bighorn Proposed Wilderness Addition’, as generally depicted on the maps described in subparagraph (B), is incorporated in, and shall be considered to be a part of, the Hoover Wilderness.CommentsClose CommentsPermalink





(B) DESCRIPTION OF MAPS- The maps referred to in subparagraph (A) are--CommentsClose CommentsPermalink





(i) the map entitled ‘Humboldt-Toiyabe National Forest Proposed Management’ and dated September 17, 2008; andCommentsClose CommentsPermalink





(ii) the map entitled ‘Bighorn Proposed Wilderness Additions’ and dated September 23, 2008.CommentsClose CommentsPermalink





(C) EFFECT- The designation of the wilderness under subparagraph (A) shall not affect the ongoing activities of the adjacent United States Marine Corps Mountain Warfare Training Center on land outside the designated wilderness, in accordance with the agreement between the Center and the Humboldt-Toiyabe National Forest.CommentsClose CommentsPermalink





(2) OWENS RIVER HEADWATERS WILDERNESS- Certain land in the Inyo National Forest, comprising approximately 14,721 acres, as generally depicted on the map entitled ‘Owens River Headwaters Proposed Wilderness’ and dated September 16, 2008, which shall be known as the ‘Owens River Headwaters Wilderness’.CommentsClose CommentsPermalink





(3) JOHN MUIR WILDERNESS ADDITIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Certain land in the Inyo National Forest and certain land administered by the Bureau of Land Management in Inyo County, California, comprising approximately 70,411 acres, as generally depicted on the maps described in subparagraph (B), is incorporated in, and shall be considered to be a part of, the John Muir Wilderness.CommentsClose CommentsPermalink





(B) DESCRIPTION OF MAPS- The maps referred to in subparagraph (A) are--CommentsClose CommentsPermalink





(i) the map entitled ‘John Muir Proposed Wilderness Addition (1 of 5)’ and dated September 23, 2008;CommentsClose CommentsPermalink





(ii) the map entitled ‘John Muir Proposed Wilderness Addition (2 of 5)’ and dated September 23, 2008;CommentsClose CommentsPermalink





(iii) the map entitled ‘John Muir Proposed Wilderness Addition (3 of 5)’ and dated October 31, 2008;CommentsClose CommentsPermalink





(iv) the map entitled ‘John Muir Proposed Wilderness Addition (4 of 5)’ and dated September 16, 2008; andCommentsClose CommentsPermalink





(v) the map entitled ‘John Muir Proposed Wilderness Addition (5 of 5)’ and dated September 16, 2008.CommentsClose CommentsPermalink





(C) BOUNDARY REVISION- The boundary of the John Muir Wilderness is revised as depicted on the map entitled ‘John Muir Wilderness--Revised’ and dated September 16, 2008.CommentsClose CommentsPermalink





(4) ANSEL ADAMS WILDERNESS ADDITION- Certain land in the Inyo National Forest, comprising approximately 528 acres, as generally depicted on the map entitled ‘Ansel Adams Proposed Wilderness Addition’ and dated September 16, 2008, is incorporated in, and shall be considered to be a part of, the Ansel Adams Wilderness.CommentsClose CommentsPermalink





(5) WHITE MOUNTAINS WILDERNESS-CommentsClose CommentsPermalink





(A) IN GENERAL- Certain land in the Inyo National Forest and certain land administered by the Bureau of Land Management in Mono County, California, comprising approximately 229,993 acres, as generally depicted on the maps described in subparagraph (B), which shall be known as the ‘White Mountains Wilderness’.CommentsClose CommentsPermalink





(B) DESCRIPTION OF MAPS- The maps referred to in subparagraph (A) are--CommentsClose CommentsPermalink





(i) the map entitled ‘White Mountains Proposed Wilderness-Map 1 of 2 (North)’ and dated September 16, 2008; andCommentsClose CommentsPermalink





(ii) the map entitled ‘White Mountains Proposed Wilderness-Map 2 of 2 (South)’ and dated September 16, 2008.CommentsClose CommentsPermalink





(6) GRANITE MOUNTAIN WILDERNESS- Certain land in the Inyo National Forest and certain land administered by the Bureau of Land Management in Mono County, California, comprising approximately 34,342 acres, as generally depicted on the map entitled ‘Granite Mountain Wilderness’ and dated September 19, 2008, which shall be known as the ‘Granite Mountain Wilderness’.CommentsClose CommentsPermalink





(7) MAGIC MOUNTAIN WILDERNESS- Certain land in the Angeles National Forest, comprising approximately 12,282 acres, as generally depicted on the map entitled ‘Magic Mountain Proposed Wilderness’ and dated December 16, 2008, which shall be known as the ‘Magic Mountain Wilderness’.CommentsClose CommentsPermalink





(8) PLEASANT VIEW RIDGE WILDERNESS- Certain land in the Angeles National Forest, comprising approximately 26,757 acres, as generally depicted on the map entitled ‘Pleasant View Ridge Proposed Wilderness’ and dated December 16, 2008, which shall be known as the ‘Pleasant View Ridge Wilderness’.CommentsClose CommentsPermalink

SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS.

(a) Management- Subject to valid existing rights, the Secretary shall administer the wilderness areas and wilderness additions designated by this subtitle in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(1) 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





(2) 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.CommentsClose CommentsPermalink





(b) Map and Legal Description-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by this subtitle with--CommentsClose CommentsPermalink





(A) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





(B) the Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink





(2) FORCE OF LAW- Each 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 errors in the map and legal description.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 Secretary.CommentsClose CommentsPermalink





(c) Incorporation of Acquired Land and Interests- Any land (or interest in land) within the boundary of a wilderness area or wilderness addition designated by this subtitle that is acquired by the Federal Government shall--CommentsClose CommentsPermalink





(1) become part of the wilderness area in which the land is located; andCommentsClose CommentsPermalink





(2) be managed in accordance with this subtitle, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.CommentsClose CommentsPermalink





(d) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, any Federal land designated as a wilderness area or wilderness addition by this subtitle 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 laws relating to mineral and geothermal leasing or mineral materials.CommentsClose CommentsPermalink





(e) Fire Management and Related Activities-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may take such measures in a wilderness area or wilderness addition designated by this subtitle as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress.CommentsClose CommentsPermalink





(2) FUNDING PRIORITIES- Nothing in this subtitle limits funding for fire and fuels management in the wilderness areas and wilderness additions designated by this subtitle.CommentsClose CommentsPermalink





(3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS- As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire management plans that apply to the land designated as a wilderness area or wilderness addition by this subtitle.CommentsClose CommentsPermalink





(4) ADMINISTRATION- Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas and wilderness additions designated by this subtitle, the Secretary shall--CommentsClose CommentsPermalink





(A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; andCommentsClose CommentsPermalink





(B) enter into agreements with appropriate State or local firefighting agencies.CommentsClose CommentsPermalink





(f) Access to Private Property- The Secretary shall provide any owner of private property within the boundary of a wilderness area or wilderness addition designated by this subtitle adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner.CommentsClose CommentsPermalink





(g) Military Activities- Nothing in this subtitle precludes--CommentsClose CommentsPermalink





(1) low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by this subtitle;CommentsClose CommentsPermalink





(2) the designation of new units of special airspace over the wilderness areas or wilderness additions designated by this subtitle; orCommentsClose CommentsPermalink





(3) the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by this subtitle.CommentsClose CommentsPermalink





(h) Livestock- Grazing of livestock and the maintenance of existing facilities relating to grazing in wilderness areas or wilderness additions designated by this subtitle, if established before the date of enactment of this Act, shall be permitted to continue in accordance with--CommentsClose CommentsPermalink





(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(2) 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





(i) Fish and Wildlife Management-CommentsClose CommentsPermalink





(1) IN GENERAL- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations and fish and wildlife habitats in wilderness areas or wilderness additions designated by this subtitle if the activities are--CommentsClose CommentsPermalink





(A) consistent with applicable wilderness management plans; andCommentsClose CommentsPermalink





(B) carried out in accordance with applicable guidelines and policies.CommentsClose CommentsPermalink





(2) STATE JURISDICTION- Nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State.CommentsClose CommentsPermalink





(j) Horses- Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness or as a wilderness addition by this subtitle--CommentsClose CommentsPermalink





(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); andCommentsClose CommentsPermalink





(2) subject to any terms and conditions determined to be necessary by the Secretary.CommentsClose CommentsPermalink





(k) Outfitter and Guide Use- Outfitter and guide activities conducted under permits issued by the Forest Service on the additions to the John Muir, Ansel Adams, and Hoover wilderness areas designated by this subtitle shall be in addition to any existing limits established for the John Muir, Ansel Adams, and Hoover wilderness areas.CommentsClose CommentsPermalink





(l) Transfer to the Forest Service-CommentsClose CommentsPermalink





--(1) WHITE MOUNTAINS WILDERNESS- Administrative jurisdiction over the approximately 946 acres of land identified as ‘Transfer of Administrative Jurisdiction from BLM to FS’ on the maps described in section 1802(5)(B) is transferred from the Bureau of Land Management to the Forest Service to be managed as part of the White Mountains Wilderness.CommentsClose CommentsPermalink





(2) JOHN MUIR WILDERNESS- Administrative jurisdiction over the approximately 143 acres of land identified as ‘Transfer of Administrative Jurisdiction from BLM to FS’ on the maps described in section 1802(3)(B) is transferred from the Bureau of Land Management to the Forest Service to be managed as part of the John Muir Wilderness.CommentsClose CommentsPermalink





(m) Transfer to the Bureau of Land Management- Administrative jurisdiction over the approximately 3,010 acres of land identified as ‘Land from FS to BLM’ on the maps described in section 1802(6) is transferred from the Forest Service to the Bureau of Land Management to be managed as part of the Granite Mountain Wilderness.CommentsClose CommentsPermalink

SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.

(a) Finding- Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by this subtitle or any other Act enacted before the date of enactment of this Act has been adequately studied for wilderness.CommentsClose CommentsPermalink





(b) Description of Study Areas- The study areas referred to in subsection (a) are--CommentsClose CommentsPermalink





(1) the Masonic Mountain Wilderness Study Area;CommentsClose CommentsPermalink





(2) the Mormon Meadow Wilderness Study Area;CommentsClose CommentsPermalink





(3) the Walford Springs Wilderness Study Area; andCommentsClose CommentsPermalink





(4) the Granite Mountain Wilderness Study Area.CommentsClose CommentsPermalink





(c) Release- Any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by this subtitle or any other Act enacted before the date of enactment of this Act shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).CommentsClose CommentsPermalink

SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.

(a) In General- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(196) AMARGOSA RIVER, CALIFORNIA- The following segments of the Amargosa River in the State of California, to be administered by the Secretary of the Interior:CommentsClose CommentsPermalink





‘(A) The approximately 4.1-mile segment of the Amargosa River from the northern boundary of sec. 7, T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa Hot Springs road crossing, as a scenic river.CommentsClose CommentsPermalink





‘(B) The approximately 8-mile segment of the Amargosa River from 100 feet downstream of the Tecopa Hot Springs Road crossing to 100 feet upstream of the Old Spanish Trail Highway crossing near Tecopa, as a scenic river.CommentsClose CommentsPermalink





‘(C) The approximately 7.9-mile segment of the Amargosa River from the northern boundary of sec. 16, T. 20 N., R. 7 E., to .25 miles upstream of the confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a wild river.CommentsClose CommentsPermalink





‘(D) The approximately 4.9-mile segment of the Amargosa River from .25 miles upstream of the confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of the Dumont Dunes access road crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river.CommentsClose CommentsPermalink





‘(E) The approximately 1.4-mile segment of the Amargosa River from 100 feet downstream of the Dumont Dunes access road crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river.CommentsClose CommentsPermalink





‘(197) OWENS RIVER HEADWATERS, CALIFORNIA- The following segments of the Owens River in the State of California, to be administered by the Secretary of Agriculture:CommentsClose CommentsPermalink





‘(A) The 2.3-mile segment of Deadman Creek from the 2-forked source east of San Joaquin Peak to the confluence with the unnamed tributary flowing north into Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a wild river.CommentsClose CommentsPermalink





‘(B) The 2.3-mile segment of Deadman Creek from the unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E., to the Road 3S22 crossing, as a scenic river.CommentsClose CommentsPermalink





‘(C) The 4.1-mile segment of Deadman Creek from the Road 3S22 crossing to .25 miles downstream of the Highway 395 crossing, as a recreational river.CommentsClose CommentsPermalink





‘(D) The 3-mile segment of Deadman Creek from .25 miles downstream of the Highway 395 crossing to 100 feet upstream of Big Springs, as a scenic river.CommentsClose CommentsPermalink





‘(E) The 1-mile segment of the Upper Owens River from 100 feet upstream of Big Springs to the private property boundary in sec. 19, T. 2 S., R. 28 E., as a recreational river.CommentsClose CommentsPermalink





‘(F) The 4-mile segment of Glass Creek from its 2-forked source to 100 feet upstream of the Glass Creek Meadow Trailhead parking area in sec. 29, T. 2 S., R.27 E., as a wild river.CommentsClose CommentsPermalink





‘(G) The 1.3-mile segment of Glass Creek from 100 feet upstream of the trailhead parking area in sec. 29 to the end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., as a scenic river.CommentsClose CommentsPermalink





‘(H) The 1.1-mile segment of Glass Creek from the end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., to the confluence with Deadman Creek, as a recreational river.CommentsClose CommentsPermalink





‘(198) COTTONWOOD CREEK, CALIFORNIA- The following segments of Cottonwood Creek in the State of California:CommentsClose CommentsPermalink





‘(A) The 17.4-mile segment from its headwaters at the spring in sec. 27, T 4 S., R. 34 E., to the Inyo National Forest boundary at the east section line of sec 3, T. 6 S., R. 36 E., as a wild river to be administered by the Secretary of Agriculture.CommentsClose CommentsPermalink





‘(B) The 4.1-mile segment from the Inyo National Forest boundary to the northern boundary of sec. 5, T.4 S., R. 34 E., as a recreational river, to be administered by the Secretary of the Interior.CommentsClose CommentsPermalink





‘(199) PIRU CREEK, CALIFORNIA- The following segments of Piru Creek in the State of California, to be administered by the Secretary of Agriculture:CommentsClose CommentsPermalink





‘(A) The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river.CommentsClose CommentsPermalink





‘(B) The 4.25-mile segment from the boundary of the Sespe Wilderness to the boundary between Los Angeles and Ventura Counties, as a wild river.’.CommentsClose CommentsPermalink





(b) Effect- The designation of Piru Creek under subsection (a) shall not affect valid rights in existence on the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 1806. BRIDGEPORT WINTER RECREATION AREA.

(a) Designation- The approximately 7,254 acres of land in the Humboldt-Toiyabe National Forest identified as the ‘Bridgeport Winter Recreation Area’, as generally depicted on the map entitled ‘Humboldt-Toiyabe National Forest Proposed Management’ and dated September 17, 2008, is designated as the Bridgeport Winter Recreation Area.CommentsClose CommentsPermalink





(b) Map and Legal Description-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Recreation Area with--CommentsClose CommentsPermalink





(A) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





(B) the Committee on Energy and Natural Resources of the Senate.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 any errors in the map and 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





(c) Management-CommentsClose CommentsPermalink





(1) INTERIM MANAGEMENT- Until completion of the management plan required under subsection (d), and except as provided in paragraph (2), the Recreation Area shall be managed in accordance with the Toiyabe National Forest Land and Resource Management Plan of 1986 (as in effect on the day of enactment of this Act).CommentsClose CommentsPermalink





(2) USE OF SNOWMOBILES- The winter use of snowmobiles shall be allowed in the Recreation Area--CommentsClose CommentsPermalink





(A) during periods of adequate snow coverage during the winter season; andCommentsClose CommentsPermalink





(B) subject to any terms and conditions determined to be necessary by the Secretary.CommentsClose CommentsPermalink





(d) Management Plan- To ensure the sound management and enforcement of the Recreation Area, the Secretary shall, not later than 1 year after the date of enactment of this Act, undergo a public process to develop a winter use management plan that provides for--CommentsClose CommentsPermalink





(1) adequate signage;CommentsClose CommentsPermalink





(2) a public education program on allowable usage areas;CommentsClose CommentsPermalink





(3) measures to ensure adequate sanitation;CommentsClose CommentsPermalink





(4) a monitoring and enforcement strategy; andCommentsClose CommentsPermalink





(5) measures to ensure the protection of the Trail.CommentsClose CommentsPermalink





(e) Enforcement- The Secretary shall prioritize enforcement activities in the Recreation Area--CommentsClose CommentsPermalink





(1) to prohibit degradation of natural resources in the Recreation Area;CommentsClose CommentsPermalink





(2) to prevent interference with nonmotorized recreation on the Trail; andCommentsClose CommentsPermalink





(3) to reduce user conflicts in the Recreation Area.CommentsClose CommentsPermalink





(f) Pacific Crest National Scenic Trail- The Secretary shall establish an appropriate snowmobile crossing point along the Trail in the area identified as ‘Pacific Crest Trail Proposed Crossing Area’ on the map entitled ‘Humboldt-Toiyable National Forest Proposed Management’ and dated September 17, 2008--CommentsClose CommentsPermalink





(1) in accordance with--CommentsClose CommentsPermalink





(A) the National Trails System Act (16 U.S.C. 1241 et seq.); andCommentsClose CommentsPermalink





(B) any applicable environmental and public safety laws; andCommentsClose CommentsPermalink





(2) subject to the terms and conditions the Secretary determines to be necessary to ensure that the crossing would not--CommentsClose CommentsPermalink





(A) interfere with the nature and purposes of the Trail; orCommentsClose CommentsPermalink





(B) harm the surrounding landscape.CommentsClose CommentsPermalink

SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE NATIONAL FOREST.

Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 3,690 acres identified as ‘Pickel Hill Management Area’, as generally depicted on the map entitled ‘Humboldt-Toiyabe National Forest Proposed Management’ and dated September 17, 2008, shall be managed in a manner consistent with the non-Wilderness forest areas immediately surrounding the Pickel Hill Management Area, including the allowance of snowmobile use.CommentsClose CommentsPermalink

SEC. 1808. ANCIENT BRISTLECONE PINE FOREST.

(a) Designation- To conserve and protect the Ancient Bristlecone Pines by maintaining near-natural conditions and to ensure the survival of the Pines for the purposes of public enjoyment and scientific study, the approximately 31,700 acres of public land in the State, as generally depicted on the map entitled ‘Ancient Bristlecone Pine Forest--Proposed’ and dated July 16, 2008, is designated as the ‘Ancient Bristlecone Pine Forest’.CommentsClose CommentsPermalink





(b) Map and Legal Description-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as practicable, but not later than 3 years after the date of enactment of this Act, the Secretary shall file a map and legal description of the Forest with--CommentsClose CommentsPermalink





(A) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





(B) the Committee on Energy and Natural Resources of the Senate.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 any errors in the map and 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





(c) Management-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall administer the Forest--CommentsClose CommentsPermalink





(A) in a manner that--CommentsClose CommentsPermalink





(i) protect the resources and values of the area in accordance with the purposes for which the Forest is established, as described in subsection (a); andCommentsClose CommentsPermalink





(ii) promotes the objectives of the applicable management plan (as in effect on the date of enactment of this Act), including objectives relating to--CommentsClose CommentsPermalink





(I) the protection of bristlecone pines for public enjoyment and scientific study;CommentsClose CommentsPermalink





(II) the recognition of the botanical, scenic, and historical values of the area; andCommentsClose CommentsPermalink





(III) the maintenance of near-natural conditions by ensuring that all activities are subordinate to the needs of protecting and preserving bristlecone pines and wood remnants; andCommentsClose CommentsPermalink





(B) in accordance with the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), this section, and any other applicable laws.CommentsClose CommentsPermalink





(2) USES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall allow only such uses of the Forest as the Secretary determines would further the purposes for which the Forest is established, as described in subsection (a).CommentsClose CommentsPermalink





(B) SCIENTIFIC RESEARCH- Scientific research shall be allowed in the Forest in accordance with the Inyo National Forest Land and Resource Management Plan (as in effect on the date of enactment of this Act).CommentsClose CommentsPermalink





(3) WITHDRAWAL- Subject to valid existing rights, all Federal land within the Forest 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 or mineral materials.CommentsClose CommentsPermalink

Subtitle L--Riverside County Wilderness, CaliforniaCommentsClose CommentsPermalink

SEC. 1851. WILDERNESS DESIGNATION.

(a) Definition of Secretary- In this section, the term ‘Secretary’ means--CommentsClose CommentsPermalink





(1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; andCommentsClose CommentsPermalink





(2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.CommentsClose CommentsPermalink





(b) Designation of Wilderness, Cleveland and San Bernardino National Forests, Joshua Tree National Park, and Bureau of Land Management Land in Riverside County, California-CommentsClose CommentsPermalink





(1) DESIGNATIONS-CommentsClose CommentsPermalink





(A) AGUA TIBIA WILDERNESS ADDITIONS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland National Forest and certain land administered by the Bureau of Land Management in Riverside County, California, together comprising approximately 2,053 acres, as generally depicted on the map titled ‘Proposed Addition to Agua Tibia Wilderness’, and dated May 9, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Agua Tibia Wilderness designated by section 2(a) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).CommentsClose CommentsPermalink





(B) CAHUILLA MOUNTAIN WILDERNESS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 5,585 acres, as generally depicted on the map titled ‘Cahuilla Mountain Proposed Wilderness’, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘Cahuilla Mountain Wilderness’.CommentsClose CommentsPermalink





(C) SOUTH FORK SAN JACINTO WILDERNESS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 20,217 acres, as generally depicted on the map titled ‘South Fork San Jacinto Proposed Wilderness’, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘South Fork San Jacinto Wilderness’.CommentsClose CommentsPermalink





(D) SANTA ROSA WILDERNESS ADDITIONS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, and certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 2,149 acres, as generally depicted on the map titled ‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’, and dated March 12, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Santa Rosa Wilderness designated by section 101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16 U.S.C. 1132 note) and expanded by paragraph (59) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).CommentsClose CommentsPermalink





(E) BEAUTY MOUNTAIN WILDERNESS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 15,621 acres, as generally depicted on the map titled ‘Beauty Mountain Proposed Wilderness’, and dated April 3, 2007, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘Beauty Mountain Wilderness’.CommentsClose CommentsPermalink





(F) JOSHUA TREE NATIONAL PARK WILDERNESS ADDITIONS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in Joshua Tree National Park, comprising approximately 36,700 acres, as generally depicted on the map numbered 156/80,055, and titled ‘Joshua Tree National Park Proposed Wilderness Additions’, and dated March 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note).CommentsClose CommentsPermalink





(G) OROCOPIA MOUNTAINS WILDERNESS ADDITIONS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 4,635 acres, as generally depicted on the map titled ‘Orocopia Mountains Proposed Wilderness Addition’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Orocopia Mountains Wilderness as designated by paragraph (44) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness boundaries established by this subsection in Township 7 South, Range 13 East, exclude--CommentsClose CommentsPermalink





(i) a corridor 250 feet north of the centerline of the Bradshaw Trail;CommentsClose CommentsPermalink





(ii) a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that flows between the Eagle Mountain Railroad on the south and the existing Orocopia Mountains Wilderness boundary; andCommentsClose CommentsPermalink





(iii) a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that flows between the Chocolate Mountain Aerial Gunnery Range on the south and the existing Orocopia Mountains Wilderness boundary.CommentsClose CommentsPermalink





(H) PALEN/MCCOY WILDERNESS ADDITIONS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 22,645 acres, as generally depicted on the map titled ‘Palen-McCoy Proposed Wilderness Additions’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Palen/McCoy Wilderness as designated by paragraph (47) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).CommentsClose CommentsPermalink





(I) PINTO MOUNTAINS WILDERNESS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 24,404 acres, as generally depicted on the map titled ‘Pinto Mountains Proposed Wilderness’, and dated February 21, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘Pinto Mountains Wilderness’.CommentsClose CommentsPermalink





(J) CHUCKWALLA MOUNTAINS WILDERNESS ADDITIONS- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 12,815 acres, as generally depicted on the map titled ‘Chuckwalla Mountains Proposed Wilderness Addition’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of the Chuckwalla Mountains Wilderness as designated by paragraph (12) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).CommentsClose CommentsPermalink





(2) MAPS AND DESCRIPTIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink





(B) FORCE OF LAW- A map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct errors in the map and legal description.CommentsClose CommentsPermalink





(C) PUBLIC AVAILABILITY- Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Secretary.CommentsClose CommentsPermalink





(3) UTILITY FACILITIES- Nothing in this section prohibits the construction, operation, or maintenance, using standard industry practices, of existing utility facilities located outside of the wilderness areas and wilderness additions designated by this section.CommentsClose CommentsPermalink





(c) Joshua Tree National Park Potential Wilderness-CommentsClose CommentsPermalink





(1) DESIGNATION OF POTENTIAL WILDERNESS- Certain land in the Joshua Tree National Park, comprising approximately 43,300 acres, as generally depicted on the map numbered 156/80,055, and titled ‘Joshua Tree National Park Proposed Wilderness Additions’, and dated March 2008, is designated potential wilderness and shall be managed by the Secretary of the Interior insofar as practicable as wilderness until such time as the land is designated as wilderness pursuant to paragraph (2).CommentsClose CommentsPermalink





(2) DESIGNATION AS WILDERNESS- The land designated potential wilderness by paragraph (1) shall be designated as wilderness and incorporated in, and be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary of the Interior in the Federal Register of a notice that--CommentsClose CommentsPermalink





(A) all uses of the land within the potential wilderness prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased; andCommentsClose CommentsPermalink





(B) sufficient inholdings within the boundaries of the potential wilderness have been acquired to establish a manageable wilderness unit.CommentsClose CommentsPermalink





(3) MAP AND DESCRIPTION-CommentsClose CommentsPermalink





(A) IN GENERAL- As soon as practicable after the date on which the notice required by paragraph (2) is published in the Federal Register, the Secretary shall file a map and legal description of the land designated as wilderness and potential wilderness by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.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 section, except that the Secretary may correct errors in the map and legal description.CommentsClose CommentsPermalink





(C) PUBLIC AVAILABILITY- Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Secretary.CommentsClose CommentsPermalink





(d) Administration of Wilderness-CommentsClose CommentsPermalink





(1) MANAGEMENT- Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this section shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(A) any reference in that Act to the effective date of that Act shall be deemed to be a reference to--CommentsClose CommentsPermalink





(i) the date of the enactment of this Act; orCommentsClose CommentsPermalink





(ii) in the case of the wilderness addition designated by subsection (c), the date on which the notice required by such subsection is published in the Federal Register; andCommentsClose CommentsPermalink





(B) any reference in that Act to the Secretary of Agriculture shall be deemed to be a reference to the Secretary that has jurisdiction over the land.CommentsClose CommentsPermalink





(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land within the boundaries of a wilderness area or wilderness addition 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 (16 U.S.C. 1131 et seq.), and any other applicable law.CommentsClose CommentsPermalink





(3) WITHDRAWAL- Subject to valid rights in existence on the date of enactment of this Act, the land designated as wilderness by this section 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 all laws pertaining to mineral and geothermal leasing or mineral materials.CommentsClose CommentsPermalink





(4) FIRE MANAGEMENT AND RELATED ACTIVITIES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary may take such measures in a wilderness area or wilderness addition designated by this section as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress.CommentsClose CommentsPermalink





(B) FUNDING PRIORITIES- Nothing in this section limits funding for fire and fuels management in the wilderness areas and wilderness additions designated by this section.CommentsClose CommentsPermalink





(C) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS- As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire management plans that apply to the land designated as a wilderness area or wilderness addition by this section.CommentsClose CommentsPermalink





(D) ADMINISTRATION- Consistent with subparagraph (A) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas and wilderness additions designated by this section, the Secretary shall--CommentsClose CommentsPermalink





(i) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; andCommentsClose CommentsPermalink





(ii) enter into agreements with appropriate State or local firefighting agencies.CommentsClose CommentsPermalink





(5) GRAZING- Grazing of livestock in a wilderness area or wilderness addition designated by this section shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth in House Report 96-617 to accompany H.R. 5487 of the 96th Congress.CommentsClose CommentsPermalink





(6) NATIVE AMERICAN USES AND INTERESTS-CommentsClose CommentsPermalink





(A) ACCESS AND USE- To the extent practicable, the Secretary shall ensure access to the Cahuilla Mountain Wilderness by members of an Indian tribe for traditional cultural purposes. In implementing this paragraph, the Secretary, upon the request of an Indian tribe, may temporarily close to the general public use of one or more specific portions of the wilderness area in order to protect the privacy of traditional cultural activities in such areas by members of the Indian tribe. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996), commonly referred to as the American Indian Religious Freedom Act, and the Wilderness Act (16 U.S.C. 1131 et seq.).CommentsClose CommentsPermalink





(B) INDIAN TRIBE DEFINED- In this paragraph, the term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community of Indians which is recognized as eligible by the Secretary of the Interior for the special programs and services provided by the United States to Indians because of their status as Indians.CommentsClose CommentsPermalink





(7) MILITARY ACTIVITIES- Nothing in this section precludes--CommentsClose CommentsPermalink





(A) low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by this section;CommentsClose CommentsPermalink





(B) the designation of new units of special airspace over the wilderness areas or wilderness additions designated by this section; orCommentsClose CommentsPermalink





(C) the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by this section.CommentsClose CommentsPermalink

SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY, CALIFORNIA.

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1805) is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(200) North Fork San Jacinto River, California- The following segments of the North Fork San Jacinto River in the State of California, to be administered by the Secretary of Agriculture:CommentsClose CommentsPermalink





‘(A) The 2.12-mile segment from the source of the North Fork San Jacinto River at Deer Springs in Mt. San Jacinto State Park to the State Park boundary, as a wild river.CommentsClose CommentsPermalink





‘(B) The 1.66-mile segment from the Mt. San Jacinto State Park boundary to the Lawler Park boundary in section 26, township 4 south, range 2 east, San Bernardino meridian, as a scenic river.CommentsClose CommentsPermalink





‘(C) The 0.68-mile segment from the Lawler Park boundary to its confluence with Fuller Mill Creek, as a recreational river.CommentsClose CommentsPermalink





‘(D) The 2.15-mile segment from its confluence with Fuller Mill Creek to .25 miles upstream of the 5S09 road crossing, as a wild river.CommentsClose CommentsPermalink





‘(E) The 0.6-mile segment from .25 miles upstream of the 5S09 road crossing to its confluence with Stone Creek, as a scenic river.CommentsClose CommentsPermalink





‘(F) The 2.91-mile segment from the Stone Creek confluence to the northern boundary of section 17, township 5 south, range 2 east, San Bernardino meridian, as a wild river.CommentsClose CommentsPermalink





‘(201) Fuller Mill Creek, California- The following segments of Fuller Mill Creek in the State of California, to be administered by the Secretary of Agriculture:CommentsClose CommentsPermalink





‘(A) The 1.2-mile segment from the source of Fuller Mill Creek in the San Jacinto Wilderness to the Pinewood property boundary in section 13, township 4 south, range 2 east, San Bernardino meridian, as a scenic river.CommentsClose CommentsPermalink





‘(B) The 0.9-mile segment in the Pine Wood property, as a recreational river.CommentsClose CommentsPermalink





‘(C) The 1.4-mile segment from the Pinewood property boundary in section 23, township 4 south, range 2 east, San Bernardino meridian, to its confluence with the North Fork San Jacinto River, as a scenic river.CommentsClose CommentsPermalink





‘(202) Palm Canyon Creek, California- The 8.1-mile segment of Palm Canyon Creek in the State of California from the southern boundary of section 6, township 7 south, range 5 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 1, township 6 south, range 4 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river, and the Secretary shall enter into a cooperative management agreement with the Agua Caliente Band of Cahuilla Indians to protect and enhance river values.CommentsClose CommentsPermalink





‘(203) Bautista Creek, California- The 9.8-mile segment of Bautista Creek in the State of California from the San Bernardino National Forest boundary in section 36, township 6 south, range 2 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 2, township 6 south, range 1 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a recreational river.’.CommentsClose CommentsPermalink

SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT.

(a) Boundary Adjustment, Santa Rosa and San Jacinto Mountains National Monument- Section 2 of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Expansion of Boundaries- In addition to the land described in subsection (c), the boundaries of the National Monument shall include the following lands identified as additions to the National Monument on the map titled ‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’, and dated March 12, 2008:CommentsClose CommentsPermalink





‘(1) The ‘Santa Rosa Peak Area Monument Expansion’.CommentsClose CommentsPermalink





‘(2) The ‘Snow Creek Area Monument Expansion’.CommentsClose CommentsPermalink





‘(3) The ‘Tahquitz Peak Area Monument Expansion’.CommentsClose CommentsPermalink





‘(4) The ‘Southeast Area Monument Expansion’, which is designated as wilderness in section 512(d), and is thus incorporated into, and shall be deemed part of, the Santa Rosa Wilderness.’.CommentsClose CommentsPermalink





(b) Technical Amendments to the Santa Rosa and San Jacinto Mountains National Monument Act of 2000- Section 7(d) of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by striking ‘eight’ and inserting ‘a majority of the appointed’.CommentsClose CommentsPermalink

Subtitle M--Sequoia and Kings Canyon National Parks Wilderness, CaliforniaCommentsClose CommentsPermalink

SEC. 1901. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) STATE- The term ‘State’ means the State of California.CommentsClose CommentsPermalink

SEC. 1902. DESIGNATION OF WILDERNESS AREAS.

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:CommentsClose CommentsPermalink





(1) JOHN KREBS WILDERNESS-CommentsClose CommentsPermalink





(A) DESIGNATION- Certain land in Sequoia and Kings Canyon National Parks, comprising approximately 39,740 acres of land, and 130 acres of potential wilderness additions as generally depicted on the map numbered 102/60014b, titled ‘John Krebs Wilderness’, and dated September 16, 2008.CommentsClose CommentsPermalink





(B) EFFECT- Nothing in this paragraph affects--CommentsClose CommentsPermalink





(i) the cabins in, and adjacent to, Mineral King Valley; orCommentsClose CommentsPermalink





(ii) the private inholdings known as ‘Silver City’ and ‘Kaweah Han’.CommentsClose CommentsPermalink





(C) POTENTIAL WILDERNESS ADDITIONS- The designation of the potential wilderness additions under subparagraph (A) shall not prohibit the operation, maintenance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The Secretary is authorized to allow the use of helicopters for the operation, maintenance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The potential wilderness additions shall be designated as wilderness and incorporated into the John Krebs Wilderness established by this section upon termination of the non-conforming uses.CommentsClose CommentsPermalink





(2) SEQUOIA-KINGS CANYON WILDERNESS ADDITION- Certain land in Sequoia and Kings Canyon National Parks, California, comprising approximately 45,186 acres as generally depicted on the map titled ‘Sequoia-Kings Canyon Wilderness Addition’, numbered 102/60015a, and dated March 10, 2008, is incorporated in, and shall be considered to be a part of, the Sequoia-Kings Canyon Wilderness.CommentsClose CommentsPermalink





(3) RECOMMENDED WILDERNESS- Land in Sequoia and Kings Canyon National Parks that was managed as of the date of enactment of this Act as recommended or proposed wilderness but not designated by this section as wilderness shall continue to be managed as recommended or proposed wilderness, as appropriate.CommentsClose CommentsPermalink

SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.

(a) 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 (16 U.S.C. 1131 et seq.), except that 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.CommentsClose CommentsPermalink





(b) Map and Legal Description-CommentsClose CommentsPermalink





(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION- As soon as practicable, but not later than 3 years, after the date of enactment of this Act, the Secretary shall file a map and legal description of each area designated as wilderness by this subtitle 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- 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





(3) PUBLIC AVAILABILITY- The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Office of the Secretary.CommentsClose CommentsPermalink





(c) Hydrologic, Meteorologic, and Climatological Devices, Facilities, and Associated Equipment- The Secretary shall continue to manage maintenance and access to hydrologic, meteorologic, and climatological devices, facilities and associated equipment consistent with House Report 98-40.CommentsClose CommentsPermalink





(d) Authorized Activities Outside Wilderness- Nothing in this subtitle precludes authorized activities conducted outside of an area designated as wilderness by this subtitle by cabin owners (or designees) in the Mineral King Valley area or property owners or lessees (or designees) in the Silver City inholding, as identified on the map described in section 1902(1)(A).CommentsClose CommentsPermalink





(e) Horseback Riding- Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness by this subtitle--CommentsClose CommentsPermalink





(1) in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); andCommentsClose CommentsPermalink





(2) subject to any terms and conditions determined to be necessary by the Secretary.CommentsClose CommentsPermalink

SEC. 1904. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink

Subtitle N--Rocky Mountain National Park Wilderness, ColoradoCommentsClose CommentsPermalink

SEC. 1951. 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 1954(a).CommentsClose CommentsPermalink





(5) WILDERNESS- The term ‘Wilderness’ means the wilderness designated by section 1952(a).CommentsClose CommentsPermalink

SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO.

(a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as a component of the National Wilderness Preservation System approximately 249,339 acres of land in the Park, as generally depicted on the map.CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.) have ceased on the land identified on the map as a ‘Potential Wilderness Area’, the land shall be--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(1) any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act, or the date on which the additional land is added to the Wilderness, respectively; andCommentsClose CommentsPermalink





(2) any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary.CommentsClose CommentsPermalink





(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 (16 U.S.C. 1131 et seq.).CommentsClose CommentsPermalink

SEC. 1953. 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 (16 U.S.C. 191 et seq.); andCommentsClose CommentsPermalink





(ii) the National Park Service Organic Act (16 U.S.C. 1 et seq.);CommentsClose CommentsPermalink





(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) Public Law 101-337 (16 U.S.C. 19jj et seq.), including the defenses available under that Act for damage caused--CommentsClose CommentsPermalink





(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 (16 U.S.C. 191), relating to the Alva B. Adams Tunnel or other Colorado-Big Thompson Project facilities located within the Park.CommentsClose CommentsPermalink





(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- Notwithstanding the Act of March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), the right of way for the Grand River Ditch shall not be terminated, forfeited, or otherwise affected as a result of the water transported by the Grand River Ditch being used primarily for domestic purposes or any purpose of a public nature, unless the Secretary determines that the change in the main purpose or use adversely affects the Park.CommentsClose CommentsPermalink





(f) New Reclamation Projects- Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development in the Wilderness of any reclamation project not in existence as of the date of enactment of this Act.CommentsClose CommentsPermalink





(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. 1954. 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 1952(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 1952; andCommentsClose CommentsPermalink





(2) the Secretary shall modify the map and boundary description of the Wilderness prepared under section 1952(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. 1955. 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 (16 U.S.C. 1132 note; Public Law 95-450) is amended--CommentsClose CommentsPermalink





(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 (16 U.S.C. 460jj(a)) is amended--CommentsClose CommentsPermalink





(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. 1956. AUTHORITY TO LEASE LEIFFER TRACT.

(a) In General- Section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)) shall apply to the parcel of land described in subsection (b).CommentsClose CommentsPermalink





(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

Subtitle O--Washington County, UtahCommentsClose CommentsPermalink

SEC. 1971. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) BEAVER DAM WASH NATIONAL CONSERVATION AREA MAP- The term ‘Beaver Dam Wash National Conservation Area Map’ means the map entitled ‘Beaver Dam Wash National Conservation Area’ and dated December 18, 2008.CommentsClose CommentsPermalink





(2) CANAAN MOUNTAIN WILDERNESS MAP- The term ‘Canaan Mountain Wilderness Map’ means the map entitled ‘Canaan Mountain Wilderness’ and dated June 21, 2008.CommentsClose CommentsPermalink





(3) COUNTY- The term ‘County’ means Washington County, Utah.CommentsClose CommentsPermalink





(4) NORTHEASTERN WASHINGTON COUNTY WILDERNESS MAP- The term ‘Northeastern Washington County Wilderness Map’ means the map entitled ‘Northeastern Washington County Wilderness’ and dated November 12, 2008.CommentsClose CommentsPermalink





(5) NORTHWESTERN WASHINGTON COUNTY WILDERNESS MAP- The term ‘Northwestern Washington County Wilderness Map’ means the map entitled ‘Northwestern Washington County Wilderness’ and dated June 21, 2008.CommentsClose CommentsPermalink





(6) RED CLIFFS NATIONAL CONSERVATION AREA MAP- The term ‘Red Cliffs National Conservation Area Map’ means the map entitled ‘Red Cliffs National Conservation Area’ and dated November 12, 2008.CommentsClose CommentsPermalink





(7) SECRETARY- The term ‘Secretary’ means--CommentsClose CommentsPermalink





(A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; andCommentsClose CommentsPermalink





(B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.CommentsClose CommentsPermalink





(8) STATE- The term ‘State’ means the State of Utah.CommentsClose CommentsPermalink





(9) WASHINGTON COUNTY GROWTH AND CONSERVATION ACT MAP- The term ‘Washington County Growth and Conservation Act Map’ means the map entitled ‘Washington County Growth and Conservation Act Map’ and dated November 13, 2008.CommentsClose CommentsPermalink

SEC. 1972. WILDERNESS AREAS.

(a) Additions to National Wilderness Preservation System-CommentsClose CommentsPermalink





(1) ADDITIONS- Subject to valid existing rights, the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:CommentsClose CommentsPermalink





(A) BEARTRAP CANYON- Certain Federal land managed by the Bureau of Land Management, comprising approximately 40 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘Beartrap Canyon Wilderness’.CommentsClose CommentsPermalink





(B) BLACKRIDGE- Certain Federal land managed by the Bureau of Land Management, comprising approximately 13,015 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘Blackridge Wilderness’.CommentsClose CommentsPermalink





(C) CANAAN MOUNTAIN- Certain Federal land in the County managed by the Bureau of Land Management, comprising approximately 44,531 acres, as generally depicted on the Canaan Mountain Wilderness Map, which shall be known as the ‘Canaan Mountain Wilderness’.CommentsClose CommentsPermalink





(D) COTTONWOOD CANYON- Certain Federal land managed by the Bureau of Land Management, comprising approximately 11,712 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the ‘Cottonwood Canyon Wilderness’.CommentsClose CommentsPermalink





(E) COTTONWOOD FOREST- Certain Federal land managed by the Forest Service, comprising approximately 2,643 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the ‘Cottonwood Forest Wilderness’.CommentsClose CommentsPermalink





(F) COUGAR CANYON- Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,409 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the ‘Cougar Canyon Wilderness’.CommentsClose CommentsPermalink





(G) DEEP CREEK- Certain Federal land managed by the Bureau of Land Management, comprising approximately 3,284 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘Deep Creek Wilderness’.CommentsClose CommentsPermalink





(H) DEEP CREEK NORTH- Certain Federal land managed by the Bureau of Land Management, comprising approximately 4,262 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘Deep Creek North Wilderness’.CommentsClose CommentsPermalink





(I) Doc’S PASS- Certain Federal land managed by the Bureau of Land Management, comprising approximately 17,294 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the ‘Doc’s Pass Wilderness’.CommentsClose CommentsPermalink





(J) GOOSE CREEK- Certain Federal land managed by the Bureau of Land Management, comprising approximately 98 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘Goose Creek Wilderness’.CommentsClose CommentsPermalink





(K) LAVERKIN CREEK- Certain Federal land managed by the Bureau of Land Management, comprising approximately 445 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘LaVerkin Creek Wilderness’.CommentsClose CommentsPermalink





(L) RED BUTTE- Certain Federal land managed by the Bureau of Land Management, comprising approximately 1,537 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘Red Butte Wilderness’.CommentsClose CommentsPermalink





(M) RED MOUNTAIN- Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,729 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the ‘Red Mountain Wilderness’.CommentsClose CommentsPermalink





(N) SLAUGHTER CREEK- Certain Federal land managed by the Bureau of Land Management, comprising approximately 3,901 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the ‘Slaughter Creek Wilderness’.CommentsClose CommentsPermalink





(O) TAYLOR CREEK- Certain Federal land managed by the Bureau of Land Management, comprising approximately 32 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the ‘Taylor 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 of each wilderness area designated by paragraph (1).CommentsClose CommentsPermalink





(B) FORCE AND 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 any clerical or typographical 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--CommentsClose CommentsPermalink





(i) the Bureau of Land Management; andCommentsClose CommentsPermalink





(ii) the Forest Service.CommentsClose CommentsPermalink





(b) Administration of Wilderness Areas-CommentsClose CommentsPermalink





(1) MANAGEMENT- Subject to valid existing rights, each area designated as wilderness by subsection (a)(1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--CommentsClose CommentsPermalink





(A) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land.CommentsClose CommentsPermalink





(2) LIVESTOCK- The grazing of livestock in each area designated as wilderness by subsection (a)(1), where established before the date of enactment of this Act, shall be permitted to continue--CommentsClose CommentsPermalink





(A) subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(ii) 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.Rep. 101-405) and H.R. 5487 of the 96th Congress (H. Rept. 96-617).CommentsClose CommentsPermalink





(3) WILDFIRE, INSECT, AND DISEASE MANAGEMENT- In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in each area designated as wilderness by subsection (a)(1) as the Secretary determines to be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency).CommentsClose CommentsPermalink





(4) BUFFER ZONES-CommentsClose CommentsPermalink





(A) IN GENERAL- Nothing in this section creates a protective perimeter or buffer zone around any area designated as wilderness by subsection (a)(1).CommentsClose CommentsPermalink





(B) ACTIVITIES OUTSIDE WILDERNESS- The fact that an activity or use on land outside any area designated as wilderness by subsection (a)(1) can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness.CommentsClose CommentsPermalink





(5) MILITARY OVERFLIGHTS- Nothing in this section restricts or precludes--CommentsClose CommentsPermalink





(A) low-level overflights of military aircraft over any area designated as wilderness by subsection (a)(1), including military overflights that can be seen or heard within any wilderness area;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 any wilderness area.CommentsClose CommentsPermalink





(6) ACQUISITION AND INCORPORATION OF LAND AND INTERESTS IN LAND-CommentsClose CommentsPermalink





(A) ACQUISITION AUTHORITY- In accordance with applicable laws (including regulations), the Secretary may acquire any land or interest in land within the boundaries of the wilderness areas designated by subsection (a)(1) by purchase from willing sellers, donation, or exchange.CommentsClose CommentsPermalink





(B) INCORPORATION- Any land or interest in land acquired by the Secretary under subparagraph (A) shall be incorporated into, and administered as a part of, the wilderness area in which the land or interest in land is located.CommentsClose CommentsPermalink





(7) NATIVE AMERICAN CULTURAL AND RELIGIOUS USES- Nothing in this section diminishes--CommentsClose CommentsPermalink





(A) the rights of any Indian tribe; orCommentsClose CommentsPermalink





(B) any tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities.CommentsClose CommentsPermalink





(8) CLIMATOLOGICAL DATA COLLECTION- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas designated by subsection (a)(1) if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.CommentsClose CommentsPermalink





(9) WATER RIGHTS-CommentsClose CommentsPermalink





(A) STATUTORY CONSTRUCTION- Nothing in this section--CommentsClose CommentsPermalink





(i) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by subsection (a)(1);CommentsClose CommentsPermalink





(ii) shall affect any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States;CommentsClose CommentsPermalink





(iii) shall be construed as establishing a precedent with regard to any future wilderness designations;CommentsClose CommentsPermalink





(iv) shall affect the interpretation of, or any designation made pursuant to, any other Act; orCommentsClose CommentsPermalink





(v) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States.CommentsClose CommentsPermalink





(B) STATE WATER LAW- The Secretary shall follow the procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas designated by subsection (a)(1).CommentsClose CommentsPermalink





(10) FISH AND WILDLIFE-CommentsClose CommentsPermalink





(A) JURISDICTION OF STATE- Nothing in this section affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State.CommentsClose CommentsPermalink





(B) AUTHORITY OF SECRETARY- In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations (including activities to maintain and restore fish and wildlife habitats to support the populations) in any wilderness area designated by subsection (a)(1) if the activities are--CommentsClose CommentsPermalink





(i) consistent with applicable wilderness management plans; andCommentsClose CommentsPermalink





(ii) carried out in accordance with--CommentsClose CommentsPermalink





(I) the Wilderness Act (16 U.S.C. 1131 et seq.); andCommentsClose CommentsPermalink





(II) applicable guidelines and policies, including applicable policies described in Appendix B of House Report 101-405.CommentsClose CommentsPermalink





(11) WILDLIFE WATER DEVELOPMENT PROJECTS- Subject to paragraph (12), the Secretary may authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas designated by subsection (a)(1) if--CommentsClose CommentsPermalink





(A) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; andCommentsClose CommentsPermalink





(B) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized.CommentsClose CommentsPermalink





(12) COOPERATIVE AGREEMENT- Not later than 1 year after the date of enactment of this Act, the Secretary shall enter into a cooperative agreement with the State that specifies the terms and conditions under which wildlife management activities in the wilderness areas designated by subsection (a)(1) may be carried out.CommentsClose CommentsPermalink





(c) Release of Wilderness Study Areas-CommentsClose CommentsPermalink





(1) FINDING- Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau of Land Management has been adequately studied for wilderness designation.CommentsClose CommentsPermalink





(2) RELEASE- Any public land described in paragraph (1) that is not designated as wilderness by subsection (a)(1)--CommentsClose CommentsPermalink





(A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); andCommentsClose CommentsPermalink





(B) shall be managed in accordance with applicable law and the land management plans adopted under section 202 of that Act (43 U.S.C. 1712).CommentsClose CommentsPermalink





(d) Transfer of Administrative Jurisdiction to National Park Service- Administrative jurisdiction over the land identified as the Watchman Wilderness on the Northeastern Washington County Wilderness Map is hereby transferred to the National Park Service, to be included in, and administered as part of Zion National Park.CommentsClose CommentsPermalink

SEC. 1973. ZION NATIONAL PARK WILDERNESS.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) FEDERAL LAND- The term ‘Federal land’ means certain Federal land--CommentsClose CommentsPermalink





(A) that is--CommentsClose CommentsPermalink





(i) located in the County and Iron County, Utah; andCommentsClose CommentsPermalink





(ii) managed by the National Park Service;CommentsClose CommentsPermalink





(B) consisting of approximately 124,406 acres; andCommentsClose CommentsPermalink





(C) as generally depicted on the Zion National Park Wilderness Map and the area added to the park under section 1972(d).CommentsClose CommentsPermalink





(2) WILDERNESS AREA- The term ‘Wilderness Area’ means the Zion Wilderness designated by subsection (b)(1).CommentsClose CommentsPermalink





(3) ZION NATIONAL PARK WILDERNESS MAP- The term ‘Zion National Park Wilderness Map’ means the map entitled ‘Zion National Park Wilderness’ and dated April 2008.CommentsClose CommentsPermalink





(b) Zion National Park Wilderness-CommentsClose CommentsPermalink





(1) DESIGNATION- Subject to valid existing rights, the Federal land is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Zion Wilderness’.CommentsClose CommentsPermalink





(2) INCORPORATION OF ACQUIRED LAND- Any land located in the Zion National Park that is acquired by the Secretary through a voluntary sale, exchange, or donation may, on the recommendation of the Secretary, become part of the Wilderness Area, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).CommentsClose CommentsPermalink





(3) MAP AND LEGAL DESCRIPTION-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 of the Wilderness Area.CommentsClose CommentsPermalink





(B) FORCE AND EFFECT- The map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description.CommentsClose CommentsPermalink





(C) AVAILABILITY- The map and legal description submitted under subparagraph (A) shall be available in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink

SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA.

(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink





(1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; andCommentsClose CommentsPermalink





(2) to protect each species that is--CommentsClose CommentsPermalink





(A) located in the National Conservation Area; andCommentsClose CommentsPermalink





(B) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)).CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) HABITAT CONSERVATION PLAN- The term ‘habitat conservation plan’ means the conservation plan entitled ‘Washington County Habitat Conservation Plan’ and dated February 23, 1996.CommentsClose CommentsPermalink





(2) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).CommentsClose CommentsPermalink





(3) NATIONAL CONSERVATION AREA- The term ‘National Conservation Area’ means the Red Cliffs National Conservation Area that--CommentsClose CommentsPermalink





(A) consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; andCommentsClose CommentsPermalink





(B) is established by subsection (c).CommentsClose CommentsPermalink





(4) PUBLIC USE PLAN- The term ‘public use plan’ means the use plan entitled ‘Red Cliffs Desert Reserve Public Use Plan’ and dated June 12, 2000, as amended.CommentsClose CommentsPermalink





(5) RESOURCE MANAGEMENT PLAN- The term ‘resource management plan’ means the management plan entitled ‘St. George Field Office Resource Management Plan’ and dated March 15, 1999, as amended.CommentsClose CommentsPermalink





(c) Establishment- Subject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.CommentsClose CommentsPermalink





(d) Management Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.CommentsClose CommentsPermalink





(2) CONSULTATION- In developing the management plan required under paragraph (1), the Secretary shall consult with--CommentsClose CommentsPermalink





(A) appropriate State, tribal, and local governmental entities; andCommentsClose CommentsPermalink





(B) members of the public.CommentsClose CommentsPermalink





(3) INCORPORATION OF PLANS- In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of--CommentsClose CommentsPermalink





(A) the habitat conservation plan;CommentsClose CommentsPermalink





(B) the resource management plan; andCommentsClose CommentsPermalink





(C) the public use plan.CommentsClose CommentsPermalink





(e) Management-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall manage the National Conservation Area--CommentsClose CommentsPermalink





(A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(ii) this section; andCommentsClose CommentsPermalink





(iii) any other applicable law (including regulations).CommentsClose CommentsPermalink





(2) USES- The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).CommentsClose CommentsPermalink





(3) MOTORIZED VEHICLES- Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.CommentsClose CommentsPermalink





(4) GRAZING- The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be permitted to continue--CommentsClose CommentsPermalink





(A) subject to--CommentsClose CommentsPermalink





(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; andCommentsClose CommentsPermalink





(ii) applicable law; andCommentsClose CommentsPermalink





(B) in a manner consistent with the purposes described in subsection (a).CommentsClose CommentsPermalink





(5) WILDLAND FIRE OPERATIONS- Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.CommentsClose CommentsPermalink





(f) Incorporation of Acquired Land and Interests- Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall--CommentsClose CommentsPermalink





(1) become part of the National Conservation Area; andCommentsClose CommentsPermalink





(2) be managed in accordance with--CommentsClose CommentsPermalink





(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(B) this section; andCommentsClose CommentsPermalink





(C) any other applicable law (including regulations).CommentsClose CommentsPermalink





(g) Withdrawal-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to valid existing rights, all Federal land located in the National Conservation Area are withdrawn from--CommentsClose CommentsPermalink





(A) all forms of entry, appropriation, and disposal under the public land laws;CommentsClose CommentsPermalink





(B) location, entry, and patenting under the mining laws; andCommentsClose CommentsPermalink





(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.CommentsClose CommentsPermalink





(2) ADDITIONAL LAND- If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.CommentsClose CommentsPermalink





(h) Effect- Nothing in this section prohibits the authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with--CommentsClose CommentsPermalink





(1) each utility development protocol described in the habitat conservation plan; andCommentsClose CommentsPermalink





(2) any other applicable law (including regulations).CommentsClose CommentsPermalink

SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA.

(a) Purpose- The purpose of this section is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Beaver Dam Wash National Conservation Area.CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) MANAGEMENT PLAN- The term ‘management plan’ means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).CommentsClose CommentsPermalink





(2) NATIONAL CONSERVATION AREA- The term ‘National Conservation Area’ means the Beaver Dam Wash National Conservation Area that--CommentsClose CommentsPermalink





(A) consists of approximately 68,083 acres of public land in the County, as generally depicted on the Beaver Dam Wash National Conservation Area Map; andCommentsClose CommentsPermalink





(B) is established by subsection (c).CommentsClose CommentsPermalink





(c) Establishment- Subject to valid existing rights, there is established in the State the Beaver Dam Wash National Conservation Area.CommentsClose CommentsPermalink





(d) Management Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.CommentsClose CommentsPermalink





(2) CONSULTATION- In developing the management plan required under paragraph (1), the Secretary shall consult with--CommentsClose CommentsPermalink





(A) appropriate State, tribal, and local governmental entities; andCommentsClose CommentsPermalink





(B) members of the public.CommentsClose CommentsPermalink





(3) MOTORIZED VEHICLES- In developing the management plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3).CommentsClose CommentsPermalink





(e) Management-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall manage the National Conservation Area--CommentsClose CommentsPermalink





(A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(ii) this section; andCommentsClose CommentsPermalink





(iii) any other applicable law (including regulations).CommentsClose CommentsPermalink





(2) USES- The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further the purpose described in subsection (a).CommentsClose CommentsPermalink





(3) MOTORIZED VEHICLES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.CommentsClose CommentsPermalink





(B) ADDITIONAL REQUIREMENT RELATING TO CERTAIN AREAS LOCATED IN THE NATIONAL CONSERVATION AREA- In addition to the requirement described in subparagraph (A), with respect to the areas designated on the Beaver Dam Wash National Conservation Area Map as ‘Designated Road Areas’, motorized vehicles shall be permitted only on the roads identified on such map.CommentsClose CommentsPermalink





(4) GRAZING- The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be permitted to continue--CommentsClose CommentsPermalink





(A) subject to--CommentsClose CommentsPermalink





(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; andCommentsClose CommentsPermalink





(ii) applicable law (including regulations); andCommentsClose CommentsPermalink





(B) in a manner consistent with the purpose described in subsection (a).CommentsClose CommentsPermalink





(5) WILDLAND FIRE OPERATIONS- Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.CommentsClose CommentsPermalink





(f) Incorporation of Acquired Land and Interests- Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall--CommentsClose CommentsPermalink





(1) become part of the National Conservation Area; andCommentsClose CommentsPermalink





(2) be managed in accordance with--CommentsClose CommentsPermalink





(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(B) this section; andCommentsClose CommentsPermalink





(C) any other applicable law (including regulations).CommentsClose CommentsPermalink





(g) Withdrawal-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from--CommentsClose CommentsPermalink





(A) all forms of entry, appropriation, and disposal under the public land laws;CommentsClose CommentsPermalink





(B) location, entry, and patenting under the mining laws; andCommentsClose CommentsPermalink





(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws.CommentsClose CommentsPermalink





(2) ADDITIONAL LAND- If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.CommentsClose CommentsPermalink

SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNATION.

(a) Designation- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1852) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(204) ZION NATIONAL PARK, UTAH- The approximately 165.5 miles of segments of the Virgin River and tributaries of the Virgin River across Federal land within and adjacent to Zion National Park, as generally depicted on the map entitled ‘Wild and Scenic River Segments Zion National Park and Bureau of Land Management’ and dated April 2008, to be administered by the Secretary of the Interior in the following classifications:CommentsClose CommentsPermalink





‘(A) TAYLOR CREEK- The 4.5-mile segment from the junction of the north, middle, and south forks of Taylor Creek, west to the park boundary and adjacent land rim-to-rim, as a scenic river.CommentsClose CommentsPermalink





‘(B) NORTH FORK OF TAYLOR CREEK- The segment from the head of North Fork to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(C) MIDDLE FORK OF TAYLOR CREEK- The segment from the head of Middle Fork on Bureau of Land Management land to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(D) SOUTH FORK OF TAYLOR CREEK- The segment from the head of South Fork to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(E) TIMBER CREEK AND TRIBUTARIES- The 3.1-mile segment from the head of Timber Creek and tributaries of Timber Creek to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(F) LAVERKIN CREEK- The 16.1-mile segment beginning in T. 38 S., R. 11 W., sec. 21, on Bureau of Land Management land, southwest through Zion National Park, and ending at the south end of T. 40 S., R. 12 W., sec. 7, and adjacent land 1/2 -mile wide, as a wild river.CommentsClose CommentsPermalink





‘(G) WILLIS CREEK- The 1.9-mile segment beginning on Bureau of Land Management land in the SWSW sec. 27, T. 38 S., R. 11 W., to the junction with LaVerkin Creek in Zion National Park and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(H) BEARTRAP CANYON- The 2.3-mile segment beginning on Bureau of Management land in the SWNW sec. 3, T. 39 S., R. 11 W., to the junction with LaVerkin Creek and the segment from the headwaters north of Long Point to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(I) HOP VALLEY CREEK- The 3.3-mile segment beginning at the southern boundary of T. 39 S., R. 11 W., sec. 20, to the junction with LaVerkin Creek and adjacent land 1/2 -mile wide, as a wild river.CommentsClose CommentsPermalink





‘(J) CURRENT CREEK- The 1.4-mile segment from the head of Current Creek to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(K) CANE CREEK- The 0.6-mile segment from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 1/2 -mile wide, as a wild river.CommentsClose CommentsPermalink





‘(L) SMITH CREEK- The 1.3-mile segment from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 1/2 -mile wide, as a wild river.CommentsClose CommentsPermalink





‘(M) NORTH CREEK LEFT AND RIGHT FORKS- The segment of the Left Fork from the junction with Wildcat Canyon to the junction with Right Fork, from the head of Right Fork to the junction with Left Fork, and from the junction of the Left and Right Forks southwest to Zion National Park boundary and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(N) WILDCAT CANYON (BLUE CREEK)- The segment of Blue Creek from the Zion National Park boundary to the junction with the Right Fork of North Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(O) LITTLE CREEK- The segment beginning at the head of Little Creek to the junction with the Left Fork of North Creek and adjacent land 1/2 -mile wide, as a wild river.CommentsClose CommentsPermalink





‘(P) RUSSELL GULCH- The segment from the head of Russell Gulch to the junction with the Left Fork of North Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(Q) GRAPEVINE WASH- The 2.6-mile segment from the Lower Kolob Plateau to the junction with the Left Fork of North Creek and adjacent land rim-to-rim, as a scenic river.CommentsClose CommentsPermalink





‘(R) PINE SPRING WASH- The 4.6-mile segment to the junction with the left fork of North Creek and adjacent land 1/2 -mile, as a scenic river.CommentsClose CommentsPermalink





‘(S) WOLF SPRINGS WASH- The 1.4-mile segment from the head of Wolf Springs Wash to the junction with Pine Spring Wash and adjacent land 1/2 -mile wide, as a scenic river.CommentsClose CommentsPermalink





‘(T) KOLOB CREEK- The 5.9-mile segment of Kolob Creek beginning in T. 39 S., R. 10 W., sec. 30, through Bureau of Land Management land and Zion National Park land to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(U) OAK CREEK- The 1-mile stretch of Oak Creek beginning in T. 39 S., R. 10 W., sec. 19, to the junction with Kolob Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(V) GOOSE CREEK- The 4.6-mile segment of Goose Creek from the head of Goose Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(W) DEEP CREEK- The 5.3-mile segment of Deep Creek beginning on Bureau of Land Management land at the northern boundary of T. 39 S., R. 10 W., sec. 23, south to the junction of the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(X) NORTH FORK OF THE VIRGIN RIVER- The 10.8-mile segment of the North Fork of the Virgin River beginning on Bureau of Land Management land at the eastern border of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(Y) NORTH FORK OF THE VIRGIN RIVER- The 8-mile segment of the North Fork of the Virgin River from Temple of Sinawava south to the Zion National Park boundary and adjacent land 1/2 -mile wide, as a recreational river.CommentsClose CommentsPermalink





‘(Z) IMLAY CANYON- The segment from the head of Imlay Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(AA) ORDERVILLE CANYON- The segment from the eastern boundary of Zion National Park to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(BB) MYSTERY CANYON- The segment from the head of Mystery Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(CC) ECHO CANYON- The segment from the eastern boundary of Zion National Park to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(DD) BEHUNIN CANYON- The segment from the head of Behunin Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(EE) HEAPS CANYON- The segment from the head of Heaps Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(FF) BIRCH CREEK- The segment from the head of Birch Creek to the junction with the North Fork of the Virgin River and adjacent land 1/2 -mile wide, as a wild river.CommentsClose CommentsPermalink





‘(GG) OAK CREEK- The segment of Oak Creek from the head of Oak Creek to where the forks join and adjacent land 1/2 -mile wide, as a wild river.CommentsClose CommentsPermalink





‘(HH) OAK CREEK- The 1-mile segment of Oak Creek from the point at which the 2 forks of Oak Creek join to the junction with the North Fork of the Virgin River and adjacent land 1/2 -mile wide, as a recreational river.CommentsClose CommentsPermalink





‘(II) CLEAR CREEK- The 6.4-mile segment of Clear Creek from the eastern boundary of Zion National Park to the junction with Pine Creek and adjacent land rim-to-rim, as a recreational river.CommentsClose CommentsPermalink





‘(JJ) PINE CREEK - The 2-mile segment of Pine Creek from the head of Pine Creek to the junction with Clear Creek and adjacent land rim-to-rim, as a wild river.CommentsClose CommentsPermalink





‘(KK) PINE CREEK- The 3-mile segment of Pine Creek from the junction with Clear Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a recreational river.CommentsClose CommentsPermalink





‘(LL) EAST FORK OF THE VIRGIN RIVER- The 8-mile segment of the East Fork of the Virgin River from the eastern boundary of Zion National Park through Parunuweap Canyon to the western boundary of Zion National Park and adjacent land 1/2 -mile wide, as a wild river.CommentsClose CommentsPermalink





‘(MM) SHUNES CREEK- The 3-mile segment of Shunes Creek from the dry waterfall on land administered by the Bureau of Land Management through Zion National Park to the western boundary of Zion National Park and adjacent land 1/2 -mile wide as a wild river.’.CommentsClose CommentsPermalink





(b) Incorporation of Acquired Non-Federal Land- If the United States acquires any non-Federal land within or adjacent to Zion National Park that includes a river segment that is contiguous to a river segment of the Virgin River designated as a wild, scenic, or recreational river by paragraph (204) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the acquired river segment shall be incorporated in, and be administered as part of, the applicable wild, scenic, or recreational river.CommentsClose CommentsPermalink





(c) Savings Clause- The amendment made by subsection (a) does not affect the agreement among the United States, the State, the Washington County Water Conservancy District, and the Kane County Water Conservancy District entitled ‘Zion National Park Water Rights Settlement Agreement’ and dated December 4, 1996.CommentsClose CommentsPermalink

SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND TRANSPORTATION MANAGEMENT PLAN.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink





(A) with respect to land managed by the Bureau of Land Management, the Secretary; andCommentsClose CommentsPermalink





(B) with respect to land managed by the Forest Service, the Secretary of Agriculture.CommentsClose CommentsPermalink





(3) TRAIL- The term ‘trail’ means the High Desert Off-Highway Vehicle Trail designated under subsection (c)(1)(A).CommentsClose CommentsPermalink





(4) TRAVEL MANAGEMENT PLAN- The term ‘travel management plan’ means the comprehensive travel and transportation management plan developed under subsection (b)(1).CommentsClose CommentsPermalink





(b) Comprehensive Travel and Transportation Management Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws (including regulations), the Secretary, in consultation with appropriate Federal agencies and State, tribal, and local governmental entities, and after an opportunity for public comment, shall develop a comprehensive travel management plan for the land managed by the Bureau of Land Management in the County--CommentsClose CommentsPermalink





(A) to provide to the public a clearly marked network of roads and trails with signs and maps to promote--CommentsClose CommentsPermalink





(i) public safety and awareness; andCommentsClose CommentsPermalink





(ii) enhanced recreation and general access opportunities;CommentsClose CommentsPermalink





(B) to help reduce in the County growing conflicts arising from interactions between--CommentsClose CommentsPermalink





(i) motorized recreation; andCommentsClose CommentsPermalink





(ii) the important resource values of public land;CommentsClose CommentsPermalink





(C) to promote citizen-based opportunities for--CommentsClose CommentsPermalink





(i) the monitoring and stewardship of the trail; andCommentsClose CommentsPermalink





(ii) trail system management; andCommentsClose CommentsPermalink





(D) to support law enforcement officials in promoting--CommentsClose CommentsPermalink





(i) compliance with off-highway vehicle laws (including regulations); andCommentsClose CommentsPermalink





(ii) effective deterrents of abuses of public land.CommentsClose CommentsPermalink





(2) SCOPE; CONTENTS- In developing the travel management plan, the Secretary shall--CommentsClose CommentsPermalink





(A) in consultation with appropriate Federal agencies, State, tribal, and local governmental entities (including the County and St. George City, Utah), and the public, identify 1 or more alternatives for a northern transportation route in the County;CommentsClose CommentsPermalink





(B) ensure that the travel management plan contains a map that depicts the trail; andCommentsClose CommentsPermalink





(C) designate a system of areas, roads, and trails for mechanical and motorized use.CommentsClose CommentsPermalink





(c) Designation of Trail-CommentsClose CommentsPermalink





(1) DESIGNATION-CommentsClose CommentsPermalink





(A) IN GENERAL- As a component of the travel management plan, and in accordance with subparagraph (B), the Secretary, in coordination with the Secretary of Agriculture, and after an opportunity for public comment, shall designate a trail (which may include a system of trails)--CommentsClose CommentsPermalink





(i) for use by off-highway vehicles; andCommentsClose CommentsPermalink





(ii) to be known as the ‘High Desert Off-Highway Vehicle Trail’.CommentsClose CommentsPermalink





(B) REQUIREMENTS- In designating the trail, the Secretary shall only include trails that are--CommentsClose CommentsPermalink





(i) as of the date of enactment of this Act, authorized for use by off-highway vehicles; andCommentsClose CommentsPermalink





(ii) located on land that is managed by the Bureau of Land Management in the County.CommentsClose CommentsPermalink





(C) NATIONAL FOREST LAND- The Secretary of Agriculture, in coordination with the Secretary and in accordance with applicable law, may designate a portion of the trail on National Forest System land within the County.CommentsClose CommentsPermalink





(D) MAP- A map that depicts the trail shall be on file and available for public inspection in the appropriate offices of--CommentsClose CommentsPermalink





(i) the Bureau of Land Management; andCommentsClose CommentsPermalink





(ii) the Forest Service.CommentsClose CommentsPermalink





(2) MANAGEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary concerned shall manage the trail--CommentsClose CommentsPermalink





(i) in accordance with applicable laws (including regulations);CommentsClose CommentsPermalink





(ii) to ensure the safety of citizens who use the trail; andCommentsClose CommentsPermalink





(iii) in a manner by which to minimize any damage to sensitive habitat or cultural resources.CommentsClose CommentsPermalink





(B) MONITORING; EVALUATION- To minimize the impacts of the use of the trail on environmental and cultural resources, the Secretary concerned shall--CommentsClose CommentsPermalink





(i) annually assess the effects of the use of off-highway vehicles on--CommentsClose CommentsPermalink





(I) the trail; andCommentsClose CommentsPermalink





(II) land located in proximity to the trail; andCommentsClose CommentsPermalink





(ii) in consultation with the Utah Department of Natural Resources, annually assess the effects of the use of the trail on wildlife and wildlife habitat.CommentsClose CommentsPermalink





(C) CLOSURE- The Secretary concerned, in consultation with the State and the County, and subject to subparagraph (D), may temporarily close or permanently reroute a portion of the trail if the Secretary concerned determines that--CommentsClose CommentsPermalink





(i) the trail is having an adverse impact on--CommentsClose CommentsPermalink





(I) wildlife habitats;CommentsClose CommentsPermalink





(II) natural resources;CommentsClose CommentsPermalink





(III) cultural resources; orCommentsClose CommentsPermalink





(IV) traditional uses;CommentsClose CommentsPermalink





(ii) the trail threatens public safety; orCommentsClose CommentsPermalink





(iii) closure of the trail is necessary--CommentsClose CommentsPermalink





(I) to repair damage to the trail; orCommentsClose CommentsPermalink





(II) to repair resource damage.CommentsClose CommentsPermalink





(D) REROUTING- Any portion of the trail that is temporarily closed by the Secretary concerned under subparagraph (C) may be permanently rerouted along any road or trail--CommentsClose CommentsPermalink





(i) that is--CommentsClose CommentsPermalink





(I) in existence as of the date of the closure of the portion of the trail;CommentsClose CommentsPermalink





(II) located on public land; andCommentsClose CommentsPermalink





(III) open to motorized use; andCommentsClose CommentsPermalink





(ii) if the Secretary concerned determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail.CommentsClose CommentsPermalink





(E) NOTICE OF AVAILABLE ROUTES- The Secretary, in coordination with the Secretary of Agriculture, shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail routes through--CommentsClose CommentsPermalink





(i) the placement of appropriate signage along the trail; andCommentsClose CommentsPermalink





(ii) the distribution of maps, safety education materials, and other information that the Secretary concerned determines to be appropriate.CommentsClose CommentsPermalink





(3) EFFECT- Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).CommentsClose CommentsPermalink

SEC. 1978. LAND DISPOSAL AND ACQUISITION.

(a) In General- Consistent with applicable law, the Secretary of the Interior may sell public land located within Washington County, Utah, that, as of July 25, 2000, 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 portion 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 to be known as the ‘Washington County, Utah 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 from willing sellers lands or interests in land within the wilderness areas and National Conservation Areas established by this subtitle.CommentsClose CommentsPermalink





(B) APPLICABILITY- Any purchase of land or interest in land under subparagraph (A) shall be in accordance with applicable law.CommentsClose CommentsPermalink

SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS.

(a) In General- In accordance with applicable Federal laws (including regulations), the Secretary of the Interior shall--CommentsClose CommentsPermalink





(1) identify areas located in the County where biological conservation is a priority; andCommentsClose CommentsPermalink





(2) undertake activities to conserve and restore plant and animal species and natural communities within such areas.CommentsClose CommentsPermalink





(b) Grants; Cooperative Agreements- In carrying out subsection (a), the Secretary of the Interior may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the restoration or conservation of the areas.CommentsClose CommentsPermalink

SEC. 1980. PUBLIC PURPOSE CONVEYANCES.

(a) In General- Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), upon the request of the appropriate local governmental entity, as described below, the Secretary shall convey the following parcels of public land without consideration, subject to the provisions of this section:CommentsClose CommentsPermalink





(1) TEMPLE QUARRY- The approximately 122-acre parcel known as ‘Temple Quarry’ as generally depicted on the Washington County Growth and Conservation Act Map as ‘Parcel B’, to the City of St. George, Utah, for open space and public recreation purposes.CommentsClose CommentsPermalink





(2) HURRICANE CITY SPORTS PARK- The approximately 41-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as ‘Parcel C’, to the City of Hurricane, Utah, for public recreation purposes and public administrative offices.CommentsClose CommentsPermalink





(3) WASHINGTON COUNTY SCHOOL DISTRICT- The approximately 70-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as ‘Parcel D’, to the Washington County Public School District for use for public school and related educational and administrative purposes.CommentsClose CommentsPermalink





(4) WASHINGTON COUNTY JAIL- The approximately 80-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as ‘Parcel E’, to Washington County, Utah, for expansion of the Purgatory Correctional Facility.CommentsClose CommentsPermalink





(5) HURRICANE EQUESTRIAN PARK- The approximately 40-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as ‘Parcel F’, to the City of Hurricane, Utah, for use as a public equestrian park.CommentsClose CommentsPermalink





(b) Map and Legal Descriptions- As soon as practicable after the date of enactment of this Act, the Secretary shall finalize legal descriptions of the parcels to be conveyed under this section. The Secretary may correct any minor errors in the map referenced in subsection (a) or in the applicable legal descriptions. The map and legal descriptions shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink





(c) Reversion-CommentsClose CommentsPermalink





(1) IN GENERAL- If any parcel conveyed under this section ceases to be used for the public purpose for which the parcel was conveyed, as described in subsection (a), the land shall, at the discretion of the Secretary based on his determination of the best interests of the United States, revert to the United States.CommentsClose CommentsPermalink





(2) RESPONSIBILITY OF LOCAL GOVERNMENTAL ENTITY- If the Secretary determines pursuant to paragraph (1) that the land should revert to the United States, and if the Secretary determines that the land is contaminated with hazardous waste, the local governmental entity to which the land was conveyed shall be responsible for remediation of the contamination.CommentsClose CommentsPermalink

SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) COVERED FEDERAL LAND- The term ‘covered Federal land’ means the approximately 66.07 acres of land in the Dixie National Forest in the State, as depicted on the map.CommentsClose CommentsPermalink





(2) LANDOWNER- The term ‘landowner’ means Kirk R. Harrison, who owns land in Pinto Valley, Utah.CommentsClose CommentsPermalink





(3) MAP- The term ‘map’ means the map entitled ‘Conveyance of Dixie National Forest Land’ and dated December 18, 2008.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





(b) Conveyance-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may convey to the landowner all right, title, and interest of the United States in and to any of the covered Federal land (including any improvements or appurtenances to the covered Federal land) by sale or exchange.CommentsClose CommentsPermalink





(2) LEGAL DESCRIPTION- The exact acreage and legal description of the covered Federal land to be conveyed under paragraph (1) shall be determined by surveys satisfactory to the Secretary.CommentsClose CommentsPermalink





(3) CONSIDERATION-CommentsClose CommentsPermalink





(A) IN GENERAL- As consideration for any conveyance by sale under paragraph (1), the landowner shall pay to the Secretary an amount equal to the fair market value of any Federal land conveyed, as determined under subparagraph (B).CommentsClose CommentsPermalink





(B) APPRAISAL- The fair market value of any Federal land that is conveyed under paragraph (1) shall be determined by an appraisal acceptable to the Secretary that is performed in accordance with--CommentsClose CommentsPermalink





(i) the Uniform Appraisal Standards for Federal Land Acquisitions;CommentsClose CommentsPermalink





(ii) the Uniform Standards of Professional Appraisal Practice; andCommentsClose CommentsPermalink





(iii) any other applicable law (including regulations).CommentsClose CommentsPermalink





(4) DISPOSITION AND USE OF PROCEEDS-CommentsClose CommentsPermalink





(A) DISPOSITION OF PROCEEDS- The Secretary shall deposit the proceeds of any sale of land under paragraph (1) in the fund established under Public Law 90-171 (commonly known as the ‘Sisk Act’) (16 U.S.C. 484a).CommentsClose CommentsPermalink





(B) USE OF PROCEEDS- Amounts deposited under subparagraph (A) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of real property or interests in real property for inclusion in the Dixie National Forest in the State.CommentsClose CommentsPermalink





(5) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require any additional terms and conditions for any conveyance under paragraph (1) that the Secretary determines to be appropriate to protect the interests of the United States.CommentsClose CommentsPermalink

SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF PAIUTE INDIANS.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) PARCEL A- The term ‘Parcel A’ means the parcel that consists of approximately 640 acres of land that is--CommentsClose CommentsPermalink





(A) managed by the Bureau of Land Management;CommentsClose CommentsPermalink





(B) located in Washington County, Utah; andCommentsClose CommentsPermalink





(C) depicted on the map entitled ‘Washington County Growth and Conservation Act Map’.CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(3) TRIBE- The term ‘Tribe’ means the Shivwits Band of Paiute Indians of the State of Utah.CommentsClose CommentsPermalink





(b) Parcel To Be Held in Trust-CommentsClose CommentsPermalink





(1) IN GENERAL- At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe all right, title, and interest of the United States in and to Parcel A.CommentsClose CommentsPermalink





(2) SURVEY; LEGAL DESCRIPTION-CommentsClose CommentsPermalink





(A) SURVEY- Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Director of the Bureau of Land Management, shall complete a survey of Parcel A to establish the boundary of Parcel A.CommentsClose CommentsPermalink





(B) LEGAL DESCRIPTION OF PARCEL A-CommentsClose CommentsPermalink





(i) IN GENERAL- Upon the completion of the survey under subparagraph (A), the Secretary shall publish in the Federal Register a legal description of--CommentsClose CommentsPermalink





(I) the boundary line of Parcel A; andCommentsClose CommentsPermalink





(II) Parcel A.CommentsClose CommentsPermalink





(ii) TECHNICAL CORRECTIONS- Before the date of publication of the legal descriptions under clause (i), the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions.CommentsClose CommentsPermalink





(iii) EFFECT- Effective beginning on the date of publication of the legal descriptions under clause (i), the legal descriptions shall be considered to be the official legal descriptions of Parcel A.CommentsClose CommentsPermalink





(3) EFFECT- Nothing in this section--CommentsClose CommentsPermalink





(A) affects any valid right in existence on the date of enactment of this Act;CommentsClose CommentsPermalink





(B) enlarges, impairs, or otherwise affects any right or claim of the Tribe to any land or interest in land other than to Parcel A that is--CommentsClose CommentsPermalink





(i) based on an aboriginal or Indian title; andCommentsClose CommentsPermalink





(ii) in existence as of the date of enactment of this Act; orCommentsClose CommentsPermalink





(C) constitutes an express or implied reservation of water or a water right with respect to Parcel A.CommentsClose CommentsPermalink





(4) LAND TO BE MADE A PART OF THE RESERVATION- Land taken into trust pursuant to this section shall be considered to be part of the reservation of the Tribe.CommentsClose CommentsPermalink

SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink

TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--National Landscape Conservation SystemCommentsClose CommentsPermalink

SEC. 2001. 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 2002(a).CommentsClose CommentsPermalink

SEC. 2002. 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;CommentsClose CommentsPermalink





(D) public land within the California Desert Conservation Area administered by the Bureau of Land Management for conservation purposes; andCommentsClose CommentsPermalink





(E) 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





(d) Effect-CommentsClose CommentsPermalink





(1) IN GENERAL- Nothing in this subtitle enhances, diminishes, or modifies any law or proclamation (including regulations relating to the law or proclamation) under which the components of the system described in subsection (b) were established or are managed, including--CommentsClose CommentsPermalink





(A) the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.);CommentsClose CommentsPermalink





(B) the Wilderness Act (16 U.S.C. 1131 et seq.);CommentsClose CommentsPermalink





(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);CommentsClose CommentsPermalink





(D) the National Trails System Act (16 U.S.C. 1241 et seq.); andCommentsClose CommentsPermalink





(E) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).CommentsClose CommentsPermalink





(2) FISH AND WILDLIFE- Nothing in this subtitle shall be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, trapping and recreational shooting on public land managed by the Bureau of Land Management. Nothing in this subtitle shall be construed as limiting access for hunting, fishing, trapping, or recreational shooting.CommentsClose CommentsPermalink

SEC. 2003. 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. 2101. 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 Public Law 101-578 (104 Stat. 2860)--CommentsClose CommentsPermalink





(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. 2102. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) MONUMENT- The term ‘Monument’ means the Prehistoric Trackways National Monument established by section 2103(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 (43 U.S.C. 1702).CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink

SEC. 2103. 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 December 17, 2008.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. 2104. 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 2103(a); andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) this subtitle;CommentsClose CommentsPermalink





(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); andCommentsClose CommentsPermalink





(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 2103(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 (43 U.S.C. 1782(c)); orCommentsClose CommentsPermalink





(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--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. 2105. 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. 2201. 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 2202(a).CommentsClose CommentsPermalink





(2) MANAGEMENT PLAN- The term ‘management plan’ means the management plan developed for the Conservation Area under section 2203(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. 2202. 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 December 15, 2008.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. 2203. 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 2202(a); andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) this subtitle;CommentsClose CommentsPermalink





(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); andCommentsClose CommentsPermalink





(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) 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





(e) Water Rights- Nothing in this subtitle constitutes an express or implied reservation of any water right.CommentsClose CommentsPermalink

SEC. 2204. 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. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA.

(a) Renaming- Public Law 103-64 is amended--CommentsClose CommentsPermalink





(1) in section 2(2) (16 U.S.C. 460iii-1(2)), by inserting ‘Morley Nelson’ before ‘Snake River Birds of Prey National Conservation Area’; andCommentsClose CommentsPermalink





(2) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by inserting ‘Morley Nelson’ before ‘Snake River Birds of Prey National Conservation Area’.CommentsClose CommentsPermalink





(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- Public Law 103-64 is further amended--CommentsClose CommentsPermalink





(1) in section 3(a)(1) (16 U.S.C. 460iii-2(a)(1)), by striking ‘(hereafter referred to as the ‘conservation area’)’; andCommentsClose CommentsPermalink





(2) in section 4 (16 U.S.C. 460iii-3)--CommentsClose CommentsPermalink





(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--Dominguez-Escalante National Conservation AreaCommentsClose CommentsPermalink

SEC. 2401. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) CONSERVATION AREA- The term ‘Conservation Area’ means the Dominguez-Escalante National Conservation Area established by section 2402(a)(1).CommentsClose CommentsPermalink





(2) COUNCIL- The term ‘Council’ means the Dominguez-Escalante National Conservation Area Advisory Council established under section 2407.CommentsClose CommentsPermalink





(3) MANAGEMENT PLAN- The term ‘management plan’ means the management plan developed under section 2406.CommentsClose CommentsPermalink





(4) MAP- The term ‘Map’ means the map entitled ‘Dominguez-Escalante National Conservation Area’ and dated September 15, 2008.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





(7) WILDERNESS- The term ‘Wilderness’ means the Dominguez Canyon Wilderness Area designated by section 2403(a).CommentsClose CommentsPermalink

SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established the Dominguez-Escalante National Conservation Area in the State.CommentsClose CommentsPermalink





(2) AREA INCLUDED- The Conservation Area shall consist of approximately 209,610 acres of public land, as generally depicted on the Map.CommentsClose CommentsPermalink





(b) Purposes- The purposes of the Conservation Area are to conserve and protect for the benefit and enjoyment of present and future generations--CommentsClose CommentsPermalink





(1) the unique and important resources and values of the land, including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land; andCommentsClose CommentsPermalink





(2) the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities.CommentsClose CommentsPermalink





(c) Management-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall manage the Conservation Area--CommentsClose CommentsPermalink





(A) as a component of the National Landscape Conservation System;CommentsClose CommentsPermalink





(B) in a manner that conserves, protects, and enhances the resources and values of the Conservation Area described in subsection (b); andCommentsClose CommentsPermalink





(C) in accordance with--CommentsClose CommentsPermalink





(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);CommentsClose CommentsPermalink





(ii) this subtitle; andCommentsClose CommentsPermalink





(iii) any other applicable laws.CommentsClose CommentsPermalink





(2) USES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall allow only such uses of the Conservation Area as the Secretary determines would further the purposes for which the Conservation Area is established.CommentsClose CommentsPermalink





(B) USE OF MOTORIZED VEHICLES-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clauses (ii) and (iii), use of motorized vehicles in the Conservation Area shall be allowed--CommentsClose CommentsPermalink





(I) before the effective date of the management plan, only on roads and trails designated for use of motor vehicles in the management plan that applies on the date of the enactment of this Act to the public land in the Conservation Area; andCommentsClose CommentsPermalink





(II) after the effective date of the management plan, only on roads and trails designated in the management plan for the use of motor vehicles.CommentsClose CommentsPermalink





(ii) ADMINISTRATIVE AND EMERGENCY RESPONSE USE- Clause (i) shall not limit the use of motor vehicles in the Conservation Area for administrative purposes or to respond to an emergency.CommentsClose CommentsPermalink





(iii) LIMITATION- This subparagraph shall not apply to the Wilderness.CommentsClose CommentsPermalink

SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA.

(a) In General- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 66,280 acres of public land in Mesa, Montrose, and Delta Counties, Colorado, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘Dominguez Canyon Wilderness Area’.CommentsClose CommentsPermalink





(b) Administration of Wilderness- The Wilderness shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this subtitle, except that--CommentsClose CommentsPermalink





(1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.CommentsClose CommentsPermalink

SEC. 2404. MAPS AND LEGAL DESCRIPTIONS.

(a) 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 the Conservation Area and the Wilderness with--CommentsClose CommentsPermalink





(1) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink





(2) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink





(b) Force and Effect- The Map and legal descriptions filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct clerical and typographical errors in the Map and legal descriptions.CommentsClose CommentsPermalink





(c) Public Availability- The Map and legal descriptions filed under subsection (a) shall be available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink

SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.

(a) Withdrawal- Subject to valid existing rights, all Federal land within the Conservation Area and the Wilderness and all land and interests in land acquired by the United States within the Conservation Area or the Wilderness 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) operation of the mineral leasing, mineral materials, and geothermal leasing laws.CommentsClose CommentsPermalink





(b) Grazing-CommentsClose CommentsPermalink





(1) GRAZING IN CONSERVATION AREA- Except as provided in paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Conservation Area in accordance with the laws (including regulations) applicable to the issuance and administration of such leases and permits on other land under the jurisdiction of the Bureau of Land Management.CommentsClose CommentsPermalink





(2) GRAZING IN WILDERNESS- The grazing of livestock in the Wilderness, if established as of the date of enactment of this Act, shall be permitted to continue--CommentsClose CommentsPermalink





(A) subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; andCommentsClose CommentsPermalink





(B) in accordance with--CommentsClose CommentsPermalink





(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(ii) 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





(c) No Buffer Zones-CommentsClose CommentsPermalink





(1) IN GENERAL- Nothing in this subtitle creates a protective perimeter or buffer zone around the Conservation Area.CommentsClose CommentsPermalink





(2) ACTIVITIES OUTSIDE CONSERVATION AREA- The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.CommentsClose CommentsPermalink





(d) Acquisition of Land-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may acquire non-Federal land within the boundaries of the Conservation Area or the Wilderness only through exchange, donation, or purchase from a willing seller.CommentsClose CommentsPermalink





(2) MANAGEMENT- Land acquired under paragraph (1) shall--CommentsClose CommentsPermalink





(A) become part of the Conservation Area and, if applicable, the Wilderness; andCommentsClose CommentsPermalink





(B) be managed in accordance with this subtitle and any other applicable laws.CommentsClose CommentsPermalink





(e) Fire, Insects, and Diseases- Subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may undertake such measures as are necessary to control fire, insects, and diseases--CommentsClose CommentsPermalink





(1) in the Wilderness, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); andCommentsClose CommentsPermalink





(2) except as provided in paragraph (1), in the Conservation Area in accordance with this subtitle and any other applicable laws.CommentsClose CommentsPermalink





(f) Access- The Secretary shall continue to provide private landowners adequate access to inholdings in the Conservation Area.CommentsClose CommentsPermalink





(g) Invasive Species and Noxious Weeds- In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the Conservation Area.CommentsClose CommentsPermalink





(h) Water Rights-CommentsClose CommentsPermalink





(1) EFFECT- Nothing in this subtitle--CommentsClose CommentsPermalink





(A) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;CommentsClose CommentsPermalink





(B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;CommentsClose CommentsPermalink





(C) affects any interstate water compact in existence on the date of enactment of this Act;CommentsClose CommentsPermalink





(D) authorizes or imposes any new reserved Federal water rights; orCommentsClose CommentsPermalink





(E) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.CommentsClose CommentsPermalink





(2) WILDERNESS WATER RIGHTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall ensure that any water rights within the Wilderness required to fulfill the purposes of the Wilderness are secured in accordance with subparagraphs (B) through (G).CommentsClose CommentsPermalink





(B) STATE LAW-CommentsClose CommentsPermalink





(i) PROCEDURAL REQUIREMENTS- Any water rights within the Wilderness for which the Secretary pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law.CommentsClose CommentsPermalink





(ii) ESTABLISHMENT OF WATER RIGHTS-CommentsClose CommentsPermalink





(I) IN GENERAL- Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law.CommentsClose CommentsPermalink





(II) EXCEPTION- Notwithstanding subclause (I) and in accordance with this subtitle, the Secretary may appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on and across the Wilderness to fulfill the purposes of the Wilderness.CommentsClose CommentsPermalink





(C) DEADLINE- The Secretary shall promptly, but not earlier than January 2009, appropriate the water rights required to fulfill the purposes of the Wilderness.CommentsClose CommentsPermalink





(D) REQUIRED DETERMINATION- The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination pursuant to subparagraph (E)(ii) or (F).CommentsClose CommentsPermalink





(E) COOPERATIVE ENFORCEMENT-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if--CommentsClose CommentsPermalink





(I) the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of the Wilderness; andCommentsClose CommentsPermalink





(II) the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure the full exercise, protection, and enforcement of the State water rights within the Wilderness to reliably fulfill the purposes of the Wilderness.CommentsClose CommentsPermalink





(ii) ADJUDICATION- If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the Wilderness in accordance with this paragraph.CommentsClose CommentsPermalink





(F) INSUFFICIENT WATER RIGHTS- If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph (E) to such a degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of the Wilderness, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes of the Wilderness in accordance with subparagraph (B).CommentsClose CommentsPermalink





(G) FAILURE TO COMPLY- The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that--CommentsClose CommentsPermalink





(i) the State is not exercising its water rights consistent with subparagraph (E)(i)(I); orCommentsClose CommentsPermalink





(ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of the Wilderness.CommentsClose CommentsPermalink





(3) WATER RESOURCE FACILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding any other provision of law and subject to subparagraph (B), beginning on the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the Wilderness.CommentsClose CommentsPermalink





(B) EXCEPTION- Notwithstanding subparagraph (A), the Secretary may allow construction of new livestock watering facilities within the Wilderness in accordance with--CommentsClose CommentsPermalink





(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); andCommentsClose CommentsPermalink





(ii) 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) CONSERVATION AREA WATER RIGHTS- With respect to water within the Conservation Area, nothing in this subtitle--CommentsClose CommentsPermalink





(A) authorizes any Federal agency to appropriate or otherwise acquire any water right on the mainstem of the Gunnison River; orCommentsClose CommentsPermalink





(B) prevents the State from appropriating or acquiring, or requires the State to appropriate or acquire, an instream flow water right on the mainstem of the Gunnison River.CommentsClose CommentsPermalink





(5) WILDERNESS BOUNDARIES ALONG GUNNISON RIVER-CommentsClose CommentsPermalink





(A) IN GENERAL- In areas in which the Gunnison River is used as a reference for defining the boundary of the Wilderness, the boundary shall--CommentsClose CommentsPermalink





(i) be located at the edge of the river; andCommentsClose CommentsPermalink





(ii) change according to the river level.CommentsClose CommentsPermalink





(B) EXCLUSION FROM WILDERNESS- Regardless of the level of the Gunnison River, no portion of the Gunnison River is included in the Wilderness.CommentsClose CommentsPermalink





(i) Effect- Nothing in this subtitle--CommentsClose CommentsPermalink





(1) diminishes the jurisdiction of the State with respect to fish and wildlife in the State; orCommentsClose CommentsPermalink





(2) imposes any Federal water quality standard upstream of the Conservation Area or within the mainstem of the Gunnison River that is more restrictive than would be applicable had the Conservation Area not been established.CommentsClose CommentsPermalink





(j) Valid Existing Rights- The designation of the Conservation Area and Wilderness is subject to valid rights in existence on the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 2406. MANAGEMENT PLAN.

(a) 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 Conservation Area.CommentsClose CommentsPermalink





(b) Purposes- The management plan shall--CommentsClose CommentsPermalink





(1) describe the appropriate uses and management of the Conservation Area;CommentsClose CommentsPermalink





(2) be developed with extensive public input;CommentsClose CommentsPermalink





(3) take into consideration any information developed in studies of the land within the Conservation Area; andCommentsClose CommentsPermalink





(4) include a comprehensive travel management plan.CommentsClose CommentsPermalink

SEC. 2407. ADVISORY COUNCIL.

(a) Establishment- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the ‘Dominguez-Escalante National Conservation Area Advisory Council’.CommentsClose CommentsPermalink





(b) Duties- The Council shall advise the Secretary with respect to the preparation and implementation of the management plan.CommentsClose CommentsPermalink





(c) Applicable Law- The Council shall be subject to--CommentsClose CommentsPermalink





(1) the Federal Advisory Committee Act (5 U.S.C. App.); andCommentsClose CommentsPermalink





(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).CommentsClose CommentsPermalink





(d) Members- The Council shall include 10 members to be appointed by the Secretary, of whom, to the extent practicable--CommentsClose CommentsPermalink





(1) 1 member shall be appointed after considering the recommendations of the Mesa County Commission;CommentsClose CommentsPermalink





(2) 1 member shall be appointed after considering the recommendations of the Montrose County Commission;CommentsClose CommentsPermalink





(3) 1 member shall be appointed after considering the recommendations of the Delta County Commission;CommentsClose CommentsPermalink





(4) 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; andCommentsClose CommentsPermalink





(5) 5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect--CommentsClose CommentsPermalink





(A) the purposes for which the Conservation Area or Wilderness was established; andCommentsClose CommentsPermalink





(B) the interests of the stakeholders that are affected by the planning and management of the Conservation Area and Wilderness.CommentsClose CommentsPermalink





(e) Representation- The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council.CommentsClose CommentsPermalink





(f) Duration- The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary.CommentsClose CommentsPermalink

SEC. 2408. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink

Subtitle F--Rio Puerco Watershed Management ProgramCommentsClose CommentsPermalink

SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.

(a) Rio Puerco Management Committee- Section 401(b) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4147) is amended--CommentsClose CommentsPermalink





(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 Land Management Act of 2009’.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Section 401(e) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4148) is amended by striking ‘enactment of this Act’ and inserting ‘enactment of the Omnibus Public Land Management Act of 2009’.CommentsClose CommentsPermalink

Subtitle G--Land Conveyances and ExchangesCommentsClose CommentsPermalink

SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) CITY- The term ‘City’ means Carson City Consolidated Municipality, Nevada.CommentsClose CommentsPermalink





(2) MAP- The term ‘Map’ means the map entitled ‘Carson City, Nevada Area’, dated November 7, 2008, and on file and available for public inspection in the appropriate offices of--CommentsClose CommentsPermalink





(A) the Bureau of Land Management;CommentsClose CommentsPermalink





(B) the Forest Service; andCommentsClose CommentsPermalink





(C) the City.CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means--CommentsClose CommentsPermalink





(A) with respect to land in the National Forest System, the Secretary of Agriculture, acting through the Chief of the Forest Service; andCommentsClose CommentsPermalink





(B) with respect to other Federal land, the Secretary of the Interior.CommentsClose CommentsPermalink





(4) SECRETARIES- The term ‘Secretaries’ means the Secretary of Agriculture and the Secretary of the Interior, acting jointly.CommentsClose CommentsPermalink





(5) TRIBE- The term ‘Tribe’ means the Washoe Tribe of Nevada and California, which is a federally recognized Indian tribe.CommentsClose CommentsPermalink





(b) Conveyances of Federal Land and City Land-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the City offers to convey to the United States title to the non-Federal land described in paragraph (2)(A) that is acceptable to the Secretary of Agriculture--CommentsClose CommentsPermalink





(A) the Secretary shall accept the offer; andCommentsClose CommentsPermalink





(B) not later than 180 days after the date on which the Secretary receives acceptable title to the non-Federal land described in paragraph (2)(A), the Secretaries shall convey to the City, subject to valid existing rights and for no consideration, except as provided in paragraph (3)(A), all right, title, and interest of the United States in and to the Federal land (other than any easement reserved under paragraph (3)(B)) or interest in land described in paragraph (2)(B).CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND-CommentsClose CommentsPermalink





(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 2,264 acres of land administered by the City and identified on the Map as ‘To U.S. Forest Service’.CommentsClose CommentsPermalink





(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is--CommentsClose CommentsPermalink





(i) the approximately 935 acres of Forest Service land identified on the Map as ‘To Carson City for Natural Areas’;CommentsClose CommentsPermalink





(ii) the approximately 3,604 acres of Bureau of Land Management land identified on the Map as ‘Silver Saddle Ranch and Carson River Area’;CommentsClose CommentsPermalink





(iii) the approximately 1,848 acres of Bureau of Land Management land identified on the Map as ‘To Carson City for Parks and Public Purposes’; andCommentsClose CommentsPermalink





(iv) the approximately 75 acres of City land in which the Bureau of Land Management has a reversionary interest that is identified on the Map as ‘Reversionary Interest of the United States Released’.CommentsClose CommentsPermalink





(3) CONDITIONS-CommentsClose CommentsPermalink





(A) CONSIDERATION- Before the conveyance of the 62-acre Bernhard parcel to the City, the City shall deposit in the special account established by subsection (e)(2)(A) an amount equal to 25 percent of the difference between--CommentsClose CommentsPermalink





(i) the amount for which the Bernhard parcel was purchased by the City on July 18, 2001; andCommentsClose CommentsPermalink





(ii) the amount for which the Bernhard parcel was purchased by the Secretary on March 24, 2006.CommentsClose CommentsPermalink





(B) CONSERVATION EASEMENT- As a condition of the conveyance of the land described in paragraph (2)(B)(ii), the Secretary, in consultation with Carson City and affected local interests, shall reserve a perpetual conservation easement to the land to protect, preserve, and enhance the conservation values of the land, consistent with paragraph (4)(B).

(C) COSTS- Any costs relating to the conveyance under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the recipient of the land being conveyed.

(4) USE OF LAND-

(A) NATURAL AREAS-

(i) IN GENERAL- Except as provided in clause (ii), the land described in paragraph (2)(B)(i) shall be managed by the City to maintain undeveloped open space and to preserve the natural characteristics of the land in perpetuity.

(ii) EXCEPTION- Notwithstanding clause (i), the City may--

(I) conduct projects on the land to reduce fuels;

(II) construct and maintain trails, trailhead facilities, and any infrastructure on the land that is required for municipal water and flood management activities; and

(III) maintain or reconstruct any improvements on the land that are in existence on the date of enactment of this Act.

(B) SILVER SADDLE RANCH AND CARSON RIVER AREA-

(i) IN GENERAL- Except as provided in clause (ii), the land described in paragraph (2)(B)(ii) shall--

(I) be managed by the City to protect and enhance the Carson River, the floodplain and surrounding upland, and important wildlife habitat; and

(II) be used for undeveloped open space, passive recreation, customary agricultural practices, and wildlife protection.

(ii) EXCEPTION- Notwithstanding clause (i), the City may--

(I) construct and maintain trails and trailhead facilities on the land;

(II) conduct projects on the land to reduce fuels;

(III) maintain or reconstruct any improvements on the land that are in existence on the date of enactment of this Act; and

(IV) allow the use of motorized vehicles on designated roads, trails, and areas in the south end of Prison Hill.

(C) PARKS AND PUBLIC PURPOSES- The land described in paragraph (2)(B)(iii) shall be managed by the City for--

(i) undeveloped open space; and

(ii) recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (43 U.S.C. 869 et seq.).

(D) REVERSIONARY INTEREST-

(i) RELEASE- The reversionary interest described in paragraph (2)(B)(iv) shall terminate on the date of enactment of this Act.

(ii) CONVEYANCE BY CITY-

(I) IN GENERAL- If the City sells, leases, or otherwise conveys any portion of the land described in paragraph (2)(B)(iv), the sale, lease, or conveyance of land shall be--

(aa) through a competitive bidding process; and

(bb) except as provided in subclause (II), for not less than fair market value.

(II) CONVEYANCE TO GOVERNMENT OR NONPROFIT- A sale, lease, or conveyance of land described in paragraph (2)(B)(iv) to the Federal Government, a State government, a unit of local government, or a nonprofit organization shall be for consideration in an amount equal to the price established by the Secretary of the Interior under section 2741 of title 43, Code of Federal Regulation (or successor regulations).

(III) DISPOSITION OF PROCEEDS- The gross proceeds from the sale, lease, or conveyance of land under subclause (I) shall be distributed in accordance with subsection (e)(1).

(5) REVERSION- If land conveyed under paragraph (1) is used in a manner that is inconsistent with the uses described in subparagraph (A), (B), (C), or (D) of paragraph (4), the land shall, at the discretion of the Secretary, revert to the United States.

(6) MISCELLANEOUS PROVISIONS-

(A) IN GENERAL- On conveyance of the non-Federal land under paragraph (1) to the Secretary of Agriculture, the non-Federal land shall--

(i) become part of the Humboldt-Toiyabe National Forest; and

(ii) be administered in accordance with the laws (including the regulations) and rules generally applicable to the National Forest System.

(B) MANAGEMENT PLAN- The Secretary of Agriculture, in consultation with the City and other interested parties, may develop and implement a management plan for National Forest System land that ensures the protection and stabilization of the National Forest System land to minimize the impacts of flooding on the City.

(7) CONVEYANCE TO BUREAU OF LAND MANAGEMENT-

(A) IN GENERAL- If the City offers to convey to the United States title to the non-Federal land described in subparagraph (B) that is acceptable to the Secretary of the Interior, the land shall, at the discretion of the Secretary, be conveyed to the United States.

(B) DESCRIPTION OF LAND- The non-Federal land referred to in subparagraph (A) is the approximately 46 acres of land administered by the City and identified on the Map as ‘To Bureau of Land Management’.

(C) COSTS- Any costs relating to the conveyance under subparagraph (A), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior.

(c) Transfer of Administrative Jurisdiction From the Forest Service to the Bureau of Land Management-

(1) IN GENERAL- Administrative jurisdiction over the approximately 50 acres of Forest Service land identified on the Map as ‘Parcel #1’ is transferred, from the Secretary of Agriculture to the Secretary of the Interior.

(2) COSTS- Any costs relating to the transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior.

(3) USE OF LAND-

(A) RIGHT-OF-WAY- Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior shall grant to the City a right-of-way for the maintenance of flood management facilities located on the land.

(B) DISPOSAL- The land referred to in paragraph (1) shall be disposed of in accordance with subsection (d).

(C) DISPOSITION OF PROCEEDS- The gross proceeds from the disposal of land under subparagraph (B) shall be distributed in accordance with subsection (e)(1).

(d) Disposal of Carson City Land-

(1) IN GENERAL- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall, in accordance with that Act, this subsection, and other applicable law, and subject to valid existing rights, conduct sales of the Federal land described in paragraph (2) to qualified bidders.

(2) DESCRIPTION OF LAND- The Federal land referred to in paragraph (1) is--

(A) the approximately 108 acres of Bureau of Land Management land identified as ‘Lands for Disposal’ on the Map; and

(B) the approximately 50 acres of land identified as ‘Parcel #1’ on the Map.

(3) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS- Before a sale of Federal land under paragraph (1), the City shall submit to the Secretary a certification that qualified bidders have agreed to comply with--

(A) City zoning ordinances; and

(B) any master plan for the area approved by the City.

(4) METHOD OF SALE; CONSIDERATION- The sale of Federal land under paragraph (1) shall be--

(A) consistent with subsections (d) and (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713);

(B) unless otherwise determined by the Secretary, through a competitive bidding process; and

(C) for not less than fair market value.

(5) WITHDRAWAL-

(A) IN GENERAL- Subject to valid existing rights and except as provided in subparagraph (B), the Federal land described in paragraph (2) is withdrawn from--

(i) all forms of entry and appropriation under the public land laws;

(ii) location, entry, and patent under the mining laws; and

(iii) operation of the mineral leasing and geothermal leasing laws.

(B) EXCEPTION- Subparagraph (A)(i) shall not apply to sales made consistent with this subsection.

(6) DEADLINE FOR SALE-

(A) IN GENERAL- Except as provided in subparagraph (B), not later than 1 year after the date of enactment of this Act, if there is a qualified bidder for the land described in subparagraphs (A) and (B) of paragraph (2), the Secretary of the Interior shall offer the land for sale to the qualified bidder.

(B) POSTPONEMENT; EXCLUSION FROM SALE-

(i) REQUEST BY CARSON CITY FOR POSTPONEMENT OR EXCLUSION- At the request of the City, the Secretary shall postpone or exclude from the sale under subparagraph (A) all or a portion of the land described in subparagraphs (A) and (B) of paragraph (2).

(ii) INDEFINITE POSTPONEMENT- Unless specifically requested by the City, a postponement under clause (i) shall not be indefinite.

(e) Disposition of Proceeds-

(1) IN GENERAL- Of the proceeds from the sale of land under subsections (b)(4)(D)(ii) and (d)(1)--

(A) 5 percent shall be paid directly to the State for use in the general education program of the State; and

(B) the remainder shall be deposited in a special account in the Treasury of the United States, to be known as the ‘Carson City Special Account’, and shall be available without further appropriation to the Secretary until expended to--

(i) reimburse costs incurred by the Bureau of Land Management for preparing for the sale of the Federal land described in subsection (d)(2), including the costs of--

(I) surveys and appraisals; and

(II) compliance with--

(aa) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(bb) sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713);

(ii) reimburse costs incurred by the Bureau of Land Management and Forest Service for preparing for, and carrying out, the transfers of land to be held in trust by the United States under subsection (h)(1); and

(iii) acquire environmentally sensitive land or an interest in environmentally sensitive land in the City.

(2) SILVER SADDLE ENDOWMENT ACCOUNT-

(A) ESTABLISHMENT- There is established in the Treasury of the United States a special account, to be known as the ‘Silver Saddle Endowment Account’, consisting of such amounts as are deposited under subsection (b)(3)(A).

(B) AVAILABILITY OF AMOUNTS- Amounts deposited in the account established by paragraph (1) shall be available to the Secretary, without further appropriation, for the oversight and enforcement of the conservation easement established under subsection (b)(3)(B).

(f) Urban Interface-

(1) IN GENERAL- Except as otherwise provided in this section and subject to valid existing rights, the Federal land described in paragraph (2) is permanently withdrawn from--

(A) all forms of entry and appropriation under the public land laws and mining laws;

(B) location and patent under the mining laws; and

(C) operation of the mineral laws, geothermal leasing laws, and mineral material laws.

(2) DESCRIPTION OF LAND- The land referred to in paragraph (1) consists of approximately 19,747 acres, which is identified on the Map as ‘Urban Interface Withdrawal’.

(3) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land within the boundaries of the land described in paragraph (2) that is acquired by the United States after the date of enactment of this Act shall be withdrawn in accordance with this subsection.

(4) OFF-HIGHWAY VEHICLE MANAGEMENT- Until the date on which the Secretary, in consultation with the State, the City, and any other interested persons, completes a transportation plan for Federal land in the City, the use of motorized and mechanical vehicles on Federal land within the City shall be limited to roads and trails in existence on the date of enactment of this Act unless the use of the vehicles is needed--

(A) for administrative purposes; or

(B) to respond to an emergency.

(g) Availability of Funds- Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is amended--

(1) in paragraph (3)(A)(iv), by striking ‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4))’ and inserting ‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5))’;

(2) in paragraph (3)(A)(v), by striking ‘Clark, Lincoln, and White Pine Counties’ and inserting ‘Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5))’;

(3) in paragraph (4), by striking ‘2011’ and inserting ‘2015’; and

(4) by adding at the end the following:

‘(5) LIMITATION FOR CARSON CITY- Carson City shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks or natural areas and for conservation initiatives--

‘(A) adjacent to the Carson River; or

‘(B) within the floodplain of the Carson River.’.

(h) Transfer of Land to Be Held in Trust for Washoe Tribe-

(1) IN GENERAL- Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (2)--

(A) shall be held in trust by the United States for the benefit and use of the Tribe; and

(B) shall be part of the reservation of the Tribe.

(2) DESCRIPTION OF LAND- The land referred to in paragraph (1) consists of approximately 293 acres, which is identified on the Map as ‘To Washoe Tribe’.

(3) SURVEY- Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (1).

(4) USE OF LAND-

(A) GAMING- Land taken into trust under paragraph (1) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).

(B) TRUST LAND FOR CEREMONIAL USE AND CONSERVATION- With respect to the use of the land taken into trust under paragraph (1) that is above the 5,200

031’ elevation contour, the Tribe--

(i) shall limit the use of the land to--

(I) traditional and customary uses; and

(II) stewardship conservation for the benefit of the Tribe; and

(ii) shall not permit any--

(I) permanent residential or recreational development on the land; or

(II) commercial use of the land, including commercial development or gaming.

(C) TRUST LAND FOR COMMERCIAL AND RESIDENTIAL USE- With respect to the use of the land taken into trust under paragraph (1), the Tribe shall limit the use of the land below the 5,200

031’ elevation to--

(i) traditional and customary uses;

(ii) stewardship conservation for the benefit of the Tribe; and

(iii)(I) residential or recreational development; or

(II) commercial use.

(D) THINNING; LANDSCAPE RESTORATION- With respect to the land taken into trust under paragraph (1), the Secretary of Agriculture, in consultation and coordination with the Tribe, may carry out any thinning and other landscape restoration activities on the land that is beneficial to the Tribe and the Forest Service.

(i) Correction of Skunk Harbor Conveyance-

(1) PURPOSE- The purpose of this subsection is to amend Public Law 108-67 (117 Stat. 880) to make a technical correction relating to the land conveyance authorized under that Act.

(2) TECHNICAL CORRECTION- Section 2 of Public Law 108-67 (117 Stat. 880) is amended--

(A) by striking ‘Subject to’ and inserting the following:

‘(a) In General- Subject to’;

(B) in subsection (a) (as designated by paragraph (1)), by striking ‘the parcel’ and all that follows through the period at the end and inserting the following: ‘and to approximately 23 acres of land identified as ‘Parcel A’ on the map entitled ‘Skunk Harbor Conveyance Correction’ and dated September 12, 2008, the western boundary of which is the low water line of Lake Tahoe at elevation 6,223.0

031’ (Lake Tahoe Datum).’; and

(C) by adding at the end the following:

‘(b) Survey and Legal Description-

‘(1) IN GENERAL- Not later than 180 days after the date of enactment of this subsection, the Secretary of Agriculture shall complete a survey and legal description of the boundary lines to establish the boundaries of the trust land.

‘(2) TECHNICAL CORRECTIONS- The Secretary may correct any technical errors in the survey or legal description completed under paragraph (1).

‘(c) Public Access and Use- Nothing in this Act prohibits any approved general public access (through existing easements or by boat) to, or use of, land remaining within the Lake Tahoe Basin Management Unit after the conveyance of the land to the Secretary of the Interior, in trust for the Tribe, under subsection (a), including access to, and use of, the beach and shoreline areas adjacent to the portion of land conveyed under that subsection.’.

(3) DATE OF TRUST STATUS- The trust land described in section 2(a) of Public Law 108-67 (117 Stat. 880) shall be considered to be taken into trust as of August 1, 2003.

(4) TRANSFER- The Secretary of the Interior, acting on behalf of and for the benefit of the Tribe, shall transfer to the Secretary of Agriculture administrative jurisdiction over the land identified as ‘Parcel B’ on the map entitled ‘Skunk Harbor Conveyance Correction’ and dated September 12, 2008.

(j) Agreement With Forest Service- The Secretary of Agriculture, in consultation with the Tribe, shall develop and implement a cooperative agreement that ensures regular access by members of the Tribe and other people in the community of the Tribe across National Forest System land from the City to Lake Tahoe for cultural and religious purposes.

(k) Artifact Collection-

(1) NOTICE- At least 180 days before conducting any ground disturbing activities on the land identified as ‘Parcel #2’ on the Map, the City shall notify the Tribe of the proposed activities to provide the Tribe with adequate time to inventory and collect any artifacts in the affected area.

(2) AUTHORIZED ACTIVITIES- On receipt of notice under paragraph (1), the Tribe may collect and possess any artifacts relating to the Tribe in the land identified as ‘Parcel #2’ on the Map.

(l) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.

SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE.

(a) Definitions- In this section:

(1) CITY- The term ‘City’ means the City of Henderson, Nevada.

(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

(3) STATE- The term ‘State’ means the State of Nevada.

(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.

(b) Southern Nevada Limited Transition Area-

(1) CONVEYANCE- Notwithstanding the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), on request of the City, the Secretary shall, without consideration and subject to all valid existing rights, convey to the City all right, title, and interest of the United States in and to the Transition Area.

(2) USE OF LAND FOR NONRESIDENTIAL DEVELOPMENT-

(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.

(B) METHOD OF SALE-

(i) IN GENERAL- The sale, lease, or conveyance of land under subparagraph (A) shall be through a competitive bidding process.

(ii) FAIR MARKET VALUE- Any land sold, leased, or otherwise conveyed under subparagraph (A) shall be for not less than fair market value.

(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.

(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).

(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’) (43 U.S.C. 869 et seq.) by providing to the Secretary written notice of the election.

(4) NOISE COMPATIBILITY REQUIREMENTS- The City shall--

(A) plan and manage the Transition Area in accordance with section 47504 of title 49, United States Code (relating to airport noise compatibility planning), and regulations promulgated in accordance with that section; and

(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.

(5) REVERSION-

(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 is 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.

(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--

(i) at the discretion of the Secretary, the parcel shall revert to the United States; or

(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.

SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.

(a) Definitions- In this section:

(1) ALTA-HUALAPAI SITE- The term ‘Alta-Hualapai Site’ means the approximately 80 acres of land that is--

(A) patented to the City under the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (43 U.S.C. 869 et seq.); and

(B) identified on the map as the ‘Alta-Hualapai Site’.

(2) CITY- The term ‘City’ means the city of Las Vegas, Nevada.

(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.

(4) MAP- The term ‘map’ means the map titled ‘Nevada Cancer Institute Expansion Act’ and dated July 17, 2006.

(5) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

(6) WATER DISTRICT- The term ‘Water District’ means the Las Vegas Valley Water District.

(b) Land Conveyance-

(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.

(2) ACCEPTANCE- The Secretary may accept the relinquishment by the City of all or part of the Alta-Hualapai Site.

(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.

(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.

(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 Public Law 105-263 (112 Stat. 2345).

(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.

(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 Public Law 105-263 (112 Stat. 2345).

(c) Rights-of-Way- Consistent with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant rights-of-way to the Water District on a portion of the Alta-Hualapai Site for a flood control project and a water pumping facility.

(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.

SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.

(a) Definitions- In this section:

(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’.

(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.

(3) MONUMENT- The term ‘Monument’ means the Grand Staircase-Escalante National Monument located in southern Utah.

(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

(5) TURNABOUT RANCH- The term ‘Turnabout Ranch’ means the Turnabout Ranch in Escalante, Utah, owned by Aspen Education Group.

(b) Conveyance of Federal Land to Turnabout Ranch-

(1) IN GENERAL- Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), if not later than 30 days after completion of the appraisal required under paragraph (2), Turnabout Ranch of Escalante, Utah, submits to the Secretary an offer to acquire the Federal land for the appraised value, the Secretary shall, not later than 30 days after the date of the offer, convey to Turnabout Ranch all right, title, and interest to the Federal land, subject to valid existing rights.

(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.

(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).

(4) COSTS OF CONVEYANCE- As a condition of the conveyance, any costs of the conveyance under this section shall be paid by Turnabout Ranch.

(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(43 U.S.C. 2305), to be expended in accordance with that 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.

SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH.

(a) Definitions- In this section:

(1) BOY SCOUTS- The term ‘Boy Scouts’ means the Utah National Parks Council of the Boy Scouts of America.

(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

(b) Boy Scouts of America Land Exchange-

(1) AUTHORITY TO CONVEY-

(A) IN GENERAL- Subject to paragraph (3) and notwithstanding the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (43 U.S.C. 869 et seq.), the Boy Scouts may convey to Brian Head Resort, subject to valid existing rights and, except as provided in subparagraph (B), any rights reserved by the United States, all right, title, and interest granted to the Boy Scouts by the original patent to the parcel described in paragraph (2)(A) in exchange for the conveyance by Brian Head Resort to the Boy Scouts of all right, title, and interest in and to the parcels described in paragraph (2)(B).

(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.

(2) DESCRIPTION OF LAND- The parcels of land referred to in paragraph (1) are--

(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’) (43 U.S.C. 869 et seq.) for the purpose of operating a camp, which is more particularly described as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base and Meridian; and

(B) the 2 parcels of private land owned by Brian Head Resort that total 120 acres, which are more particularly described as--

(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; and

(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., Salt Lake Base Meridian.

(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.

(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’) (43 U.S.C. 869 et seq.) numbered 43-75-0010 to take into account the exchange under paragraph (1)(A).SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.

(a) Definitions- In this section:

(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.

(2) PUD- The term ‘PUD’ means the Public Utility District No. 1 of Douglas County, Washington.

(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

(4) WELLS HYDROELECTRIC PROJECT- The term ‘Wells Hydroelectric Project’ means Federal Energy Regulatory Commission Project No. 2149.

(b) Conveyance of Public Land, Wells Hydroelectric Project, Public Utility District No. 1 of Douglas County, Washington-

(1) CONVEYANCE REQUIRED- Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), and notwithstanding section 24 of the Federal Power Act (16 U.S.C. 818) and Federal Power Order for Project 2149, and subject to valid existing rights, if not later than 45 days after the date of completion of the appraisal required under paragraph (2), the Public Utility District No. 1 of Douglas County, Washington, submits to the Secretary an offer to acquire the public land for the appraised value, the Secretary shall convey, not later than 30 days after the date of the offer, to the PUD all right, title, and interest of the United States in and to the public land.

(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’.

(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).

(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.

(5) COSTS OF CONVEYANCE- As a condition of conveyance, any costs related to the conveyance under this subsection shall be paid by the PUD.

(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 (43 U.S.C. 2305) to be expended to improve access to public lands administered by the Bureau of Land Management in the State of Washington.

(c) Segregation of Lands-

(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--

(A) all forms of entry, appropriation, or disposal under the public land laws, and all amendments thereto;

(B) location, entry, and patenting under the mining laws, and all amendments thereto; and

(C) operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto.

(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.

(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 (16 U.S.C. 797(e)) until the Federal Energy Regulatory Commission has issued a new license for the Wells Hydroelectric Project, to replace the original license expiring May 31, 2012, consistent with section 15 of the Federal Power Act (16 U.S.C. 808).

SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE.

(a) Conveyance- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey to the city of Twin Falls, Idaho, subject to valid existing rights, without consideration, all right, title, and interest of the United States in and to the 4 parcels of land described in subsection (b).

(b) Land Description- The 4 parcels of land to be conveyed under subsection (a) are the approximately 165 acres of land in Twin Falls County, Idaho, that are identified as ‘Land to be conveyed to Twin Falls’ on the map titled ‘Twin Falls Land Conveyance’ and dated July 28, 2008.

(c) Map on File- A map depicting the land described in subsection (b) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(d) Use of Conveyed Lands-

(1) PURPOSE- The land conveyed under this section shall be used to support the public purposes of the Auger Falls Project, including a limited agricultural exemption to allow for water quality and wildlife habitat improvements.

(2) RESTRICTION- The land conveyed under this section shall not be used for residential or commercial purposes, except for the limited agricultural exemption described in paragraph (1).

(3) ADDITIONAL TERMS AND CONDITIONS- The Secretary of the Interior may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.

(e) Reversion- If the land conveyed under this section is no longer used in accordance with subsection (d)--

(1) the land shall, at the discretion of the Secretary based on his determination of the best interests of the United States, revert to the United States; and

(2) if the Secretary chooses to have the land revert to the United States and if the Secretary determines that the land is environmentally contaminated, the city of Twin Falls, Idaho, or any other person responsible for the contamination shall remediate the contamination.

(f) Administrative Costs- The Secretary shall require that the city of Twin Falls, Idaho, pay all survey costs and other administrative costs necessary for the preparation and completion of any patents of and transfer of title to property under this section.

SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE, NEVADA.

(a) Finding- Congress finds that the land described in subsection (c) has been adequately studied for wilderness designation under section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782).

(b) Release- The land described in subsection (c)--

(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and

(2) shall be managed in accordance with--

(A) land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and

(B) cooperative conservation agreements in existence on the date of the enactment of this Act.

(c) Description of Land- The land referred to in subsections (a) and (b) is the approximately 70 acres of land in the Sunrise Mountain Instant Study Area of Clark County, Nevada, that is designated on the map entitled ‘Sunrise Mountain ISA Release Areas’ and dated September 6, 2008.

SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.

(a) Conveyance of Land by the Bureau of Land Management to Park City, Utah-

(1) LAND TRANSFER- Notwithstanding the planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall convey, not later than 180 days after the date of the enactment of this Act, to Park City, Utah, all right, title, and interest of the United States in and to two parcels of real property located in Park City, Utah, that are currently under the management jurisdiction of the Bureau of Land Management and designated as parcel 8 (commonly known as the White Acre parcel) and parcel 16 (commonly known as the Gambel Oak parcel). The conveyance shall be subject to all valid existing rights.

(2) DEED RESTRICTION- The conveyance of the lands under paragraph (1) shall be made by a deed or deeds containing a restriction requiring that the lands be maintained as open space and used solely for public recreation purposes or other purposes consistent with their maintenance as open space. This restriction shall not be interpreted to prohibit the construction or maintenance of recreational facilities, utilities, or other structures that are consistent with the maintenance of the lands as open space or its use for public recreation purposes.

(3) CONSIDERATION- In consideration for the transfer of the land under paragraph (1), Park City shall pay to the Secretary of the Interior an amount consistent with conveyances to governmental entities for recreational purposes under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).

(b) Sale of Bureau of Land Management Land in Park City, Utah, at Auction-

(1) SALE OF LAND- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall offer for sale any right, title, or interest of the United States in and to two parcels of real property located in Park City, Utah, that are currently under the management jurisdiction of the Bureau of Land Management and are designated as parcels 17 and 18 in the Park City, Utah, area. The sale of the land shall be carried out in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701) and other applicable law, other than the planning provisions of sections 202 and 203 of such Act (43 U.S.C. 1712, 1713), and shall be subject to all valid existing rights.

(2) METHOD OF SALE- The sale of the land under paragraph (1) shall be consistent with subsections (d) and (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) through a competitive bidding process and for not less than fair market value.

(c) Disposition of Land Sales Proceeds- All proceeds derived from the sale of land described in this section shall be deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)).

SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES.

(a) Definitions- In this section:

(1) CITY- The term ‘City’ means Carson City Consolidated Municipality, Nevada.

(2) MAP- The term ‘Map’ means the map entitled ‘Carson City, Nevada Area’, dated November 7, 2008, and on file and available for public inspection in the appropriate offices of--

(A) the Bureau of Land Management;

(B) the Forest Service; and

(C) the City.

(3) SECRETARY- The term ‘Secretary’ means--

(A) with respect to land in the National Forest System, the Secretary of Agriculture, acting through the Chief of the Forest Service; and

(B) with respect to other Federal land, the Secretary of the Interior.

(4) SECRETARIES- The term ‘Secretaries’ means the Secretary of Agriculture and the Secretary of the Interior, acting jointly.

(5) TRIBE- The term ‘Tribe’ means the Washoe Tribe of Nevada and California, which is a federally recognized Indian tribe.

(b) Conveyances of Federal Land and City Land-

(1) IN GENERAL- Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the City offers to convey to the United States title to the non-Federal land described in paragraph (2)(A) that is acceptable to the Secretary of Agriculture--

(A) the Secretary shall accept the offer; and

(B) not later than 180 days after the date on which the Secretary receives acceptable title to the non-Federal land described in paragraph (2)(A), the Secretaries shall convey to the City, subject to valid existing rights and for no consideration, except as provided in paragraph (3)(A), all right, title, and interest of the United States in and to the Federal land (other than any easement reserved under paragraph (3)(B)) or interest in land described in paragraph (2)(B).

(2) DESCRIPTION OF LAND-

(A) NON-FEDERAL LAND- The non-Federal land referred to in paragraph (1) is the approximately 2,264 acres of land administered by the City and identified on the Map as ‘To U.S. Forest Service’.

(B) FEDERAL LAND- The Federal land referred to in paragraph (1)(B) is--

(i) the approximately 935 acres of Forest Service land identified on the Map as ‘To Carson City for Natural Areas’;

(ii) the approximately 3,604 acres of Bureau of Land Management land identified on the Map as ‘Silver Saddle Ranch and Carson River Area’;

(iii) the approximately 1,848 acres of Bureau of Land Management land identified on the Map as ‘To Carson City for Parks and Public Purposes’; and

(iv) the approximately 75 acres of City land in which the Bureau of Land Management has a reversionary interest that is identified on the Map as ‘Reversionary Interest of the United States Released’.

(3) CONDITIONS-

(A) CONSIDERATION- Before the conveyance of the 62-acre Bernhard parcel to the City, the City shall deposit in the special account established by subsection (e)(2)(A) an amount equal to 25 percent of the difference between--

(i) the amount for which the Bernhard parcel was purchased by the City on July 18, 2001; and

(ii) the amount for which the Bernhard parcel was purchased by the Secretary on March 24, 2006.

(B) CONSERVATION EASEMENT- As a condition of the conveyance of the land described in paragraph(2)(B)(ii), the Secretary, in consultation with Carson City and affected local interests, shall reserve a perpetual conservation easement to the land to protect, preserve, and enhance the conservation values of the land, consistent with paragraph (4)(B).CommentsClose CommentsPermalink




(C) COSTS- Any costs relating to the conveyance under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the recipient of the land being conveyed.CommentsClose CommentsPermalink





(4) USE OF LAND-CommentsClose CommentsPermalink





(A) NATURAL AREAS-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clause (ii), the land described in paragraph (2)(B)(i) shall be managed by the City to maintain undeveloped open space and to preserve the natural characteristics of the land in perpetuity.CommentsClose CommentsPermalink





(ii) EXCEPTION- Notwithstanding clause (i), the City may--CommentsClose CommentsPermalink





(I) conduct projects on the land to reduce fuels;CommentsClose CommentsPermalink





(II) construct and maintain trails, trailhead facilities, and any infrastructure on the land that is required for municipal water and flood management activities; andCommentsClose CommentsPermalink





(III) maintain or reconstruct any improvements on the land that are in existence on the date of enactment of this Act.CommentsClose CommentsPermalink





(B) SILVER SADDLE RANCH AND CARSON RIVER AREA-CommentsClose CommentsPermalink





(i) IN GENERAL- Except as provided in clause (ii), the land described in paragraph (2)(B)(ii) shall--CommentsClose CommentsPermalink





(I) be managed by the City to protect and enhance the Carson River, the floodplain and surrounding upland, and important wildlife habitat; andCommentsClose CommentsPermalink





(II) be used for undeveloped open space, passive recreation, customary agricultural practices, and wildlife protection.CommentsClose CommentsPermalink





(ii) EXCEPTION- Notwithstanding clause (i), the City may--CommentsClose CommentsPermalink





(I) construct and maintain trails and trailhead facilities on the land;CommentsClose CommentsPermalink





(II) conduct projects on the land to reduce fuels;CommentsClose CommentsPermalink





(III) maintain or reconstruct any improvements on the land that are in existence on the date of enactment of this Act; andCommentsClose CommentsPermalink





(IV) allow the use of motorized vehicles on designated roads, trails, and areas in the south end of Prison Hill.CommentsClose CommentsPermalink





(C) PARKS AND PUBLIC PURPOSES- The land described in paragraph (2)(B)(iii) shall be managed by the City for--CommentsClose CommentsPermalink





(i) undeveloped open space; andCommentsClose CommentsPermalink





(ii) recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the ‘Recreation and Public Purposes Act’) (43 U.S.C. 869 et seq.).CommentsClose CommentsPermalink





(D) REVERSIONARY INTEREST-CommentsClose CommentsPermalink





(i) RELEASE- The reversionary interest described in paragraph (2)(B)(iv) shall terminate on the date of enactment of this Act.CommentsClose CommentsPermalink





(ii) CONVEYANCE BY CITY-CommentsClose CommentsPermalink





(I) IN GENERAL- If the City sells, leases, or otherwise conveys any portion of the land described in paragraph (2)(B)(iv), the sale, lease, or conveyance of land shall be--CommentsClose CommentsPermalink

(aa) through a competitive bidding process; andCommentsClose CommentsPermalink

(bb) except as provided in subclause (II), for not less than fair market value.CommentsClose CommentsPermalink

(II) CONVEYANCE TO GOVERNMENT OR NONPROFIT- A sale, lease, or conveyance of land described in paragraph (2)(B)(iv) to the Federal Government, a State government, a unit of local government, or a nonprofit organization shall be for consideration in an amount equal to the price established by the Secretary of the Interior under section 2741 of title 43, Code of Federal Regulation (or successor regulations).CommentsClose CommentsPermalink





(III) DISPOSITION OF PROCEEDS- The gross proceeds from the sale, lease, or conveyance of land under subclause (I) shall be distributed in accordance with subsection (e)(1).CommentsClose CommentsPermalink





(5) REVERSION- If land conveyed under paragraph (1) is used in a manner that is inconsistent with the uses described in subparagraph (A), (B), (C), or (D) of paragraph (4), the land shall, at the discretion of the Secretary, revert to the United States.CommentsClose CommentsPermalink





(6) MISCELLANEOUS PROVISIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- On conveyance of the non-Federal land under paragraph (1) to the Secretary of Agriculture, the non-Federal land shall--CommentsClose CommentsPermalink





(i) become part of the Humboldt-Toiyabe National Forest; andCommentsClose CommentsPermalink





(ii) be administered in accordance with the laws (including the regulations) and rules generally applicable to the National Forest System.CommentsClose CommentsPermalink





(B) MANAGEMENT PLAN- The Secretary of Agriculture, in consultation with the City and other interested parties, may develop and implement a management plan for National Forest System land that ensures the protection and stabilization of the National Forest System land to minimize the impacts of flooding on the City.CommentsClose CommentsPermalink





(7) CONVEYANCE TO BUREAU OF LAND MANAGEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- If the City offers to convey to the United States title to the non-Federal land described in subparagraph (B) that is acceptable to the Secretary of the Interior, the land shall, at the discretion of the Secretary, be conveyed to the United States.CommentsClose CommentsPermalink





(B) DESCRIPTION OF LAND- The non-Federal land referred to in subparagraph (A) is the approximately 46 acres of land administered by the City and identified on the Map as ‘To Bureau of Land Management’.CommentsClose CommentsPermalink





(C) COSTS- Any costs relating to the conveyance under subparagraph (A), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior.CommentsClose CommentsPermalink





(c) Transfer of Administrative Jurisdiction From the Forest Service to the Bureau of Land Management-CommentsClose CommentsPermalink





(1) IN GENERAL- Administrative jurisdiction over the approximately 50 acres of Forest Service land identified on the Map as ‘Parcel #1’ is transferred, from the Secretary of Agriculture to the Secretary of the Interior.CommentsClose CommentsPermalink





(2) COSTS- Any costs relating to the transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior.CommentsClose CommentsPermalink





(3) USE OF LAND-CommentsClose CommentsPermalink





(A) RIGHT-OF-WAY- Not later than 120 days after the date of enactment of this Act, the Secretary of the Interior shall grant to the City a right-of-way for the maintenance of flood management facilities located on the land.CommentsClose CommentsPermalink





(B) DISPOSAL- The land referred to in paragraph (1) shall be disposed of in accordance with subsection (d).CommentsClose CommentsPermalink





(C) DISPOSITION OF PROCEEDS- The gross proceeds from the disposal of land under subparagraph (B) shall be distributed in accordance with subsection (e)(1).CommentsClose CommentsPermalink





(d) Disposal of Carson City Land-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall, in accordance with that Act, this subsection, and other applicable law, and subject to valid existing rights, conduct sales of the Federal land described in paragraph (2) to qualified bidders.CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND- The Federal land referred to in paragraph (1) is--CommentsClose CommentsPermalink





(A) the approximately 108 acres of Bureau of Land Management land identified as ‘Lands for Disposal’ on the Map; andCommentsClose CommentsPermalink





(B) the approximately 50 acres of land identified as ‘Parcel #1’ on the Map.CommentsClose CommentsPermalink





(3) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS- Before a sale of Federal land under paragraph (1), the City shall submit to the Secretary a certification that qualified bidders have agreed to comply with--CommentsClose CommentsPermalink





(A) City zoning ordinances; andCommentsClose CommentsPermalink





(B) any master plan for the area approved by the City.CommentsClose CommentsPermalink





(4) METHOD OF SALE; CONSIDERATION- The sale of Federal land under paragraph (1) shall be--CommentsClose CommentsPermalink





(A) consistent with subsections (d) and (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713);CommentsClose CommentsPermalink





(B) unless otherwise determined by the Secretary, through a competitive bidding process; andCommentsClose CommentsPermalink





(C) for not less than fair market value.CommentsClose CommentsPermalink





(5) WITHDRAWAL-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to valid existing rights and except as provided in subparagraph (B), the Federal land described in paragraph (2) is withdrawn from--CommentsClose CommentsPermalink





(i) all forms of entry and appropriation under the public land laws;CommentsClose CommentsPermalink





(ii) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink





(iii) operation of the mineral leasing and geothermal leasing laws.CommentsClose CommentsPermalink





(B) EXCEPTION- Subparagraph (A)(i) shall not apply to sales made consistent with this subsection.CommentsClose CommentsPermalink





(6) DEADLINE FOR SALE-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), not later than 1 year after the date of enactment of this Act, if there is a qualified bidder for the land described in subparagraphs (A) and (B) of paragraph (2), the Secretary of the Interior shall offer the land for sale to the qualified bidder.CommentsClose CommentsPermalink





(B) POSTPONEMENT; EXCLUSION FROM SALE-CommentsClose CommentsPermalink





(i) REQUEST BY CARSON CITY FOR POSTPONEMENT OR EXCLUSION- At the request of the City, the Secretary shall postpone or exclude from the sale under subparagraph (A) all or a portion of the land described in subparagraphs (A) and (B) of paragraph (2).CommentsClose CommentsPermalink





(ii) INDEFINITE POSTPONEMENT- Unless specifically requested by the City, a postponement under clause (i) shall not be indefinite.CommentsClose CommentsPermalink





(e) Disposition of Proceeds-CommentsClose CommentsPermalink





(1) IN GENERAL- Of the proceeds from the sale of land under subsections (b)(4)(D)(ii) and (d)(1)--CommentsClose CommentsPermalink





(A) 5 percent shall be paid directly to the State for use in the general education program of the State; andCommentsClose CommentsPermalink





(B) the remainder shall be deposited in a special account in the Treasury of the United States, to be known as the ‘Carson City Special Account’, and shall be available without further appropriation to the Secretary until expended to--CommentsClose CommentsPermalink





(i) reimburse costs incurred by the Bureau of Land Management for preparing for the sale of the Federal land described in subsection (d)(2), including the costs of--CommentsClose CommentsPermalink





(I) surveys and appraisals; andCommentsClose CommentsPermalink





(II) compliance with--CommentsClose CommentsPermalink

(aa) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); andCommentsClose CommentsPermalink

(bb) sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713);CommentsClose CommentsPermalink

(ii) reimburse costs incurred by the Bureau of Land Management and Forest Service for preparing for, and carrying out, the transfers of land to be held in trust by the United States under subsection (h)(1); andCommentsClose CommentsPermalink





(iii) acquire environmentally sensitive land or an interest in environmentally sensitive land in the City.CommentsClose CommentsPermalink





(2) SILVER SADDLE ENDOWMENT ACCOUNT-CommentsClose CommentsPermalink





(A) ESTABLISHMENT- There is established in the Treasury of the United States a special account, to be known as the ‘Silver Saddle Endowment Account’, consisting of such amounts as are deposited under subsection (b)(3)(A).CommentsClose CommentsPermalink





(B) AVAILABILITY OF AMOUNTS- Amounts deposited in the account established by paragraph (1) shall be available to the Secretary, without further appropriation, for the oversight and enforcement of the conservation easement established under subsection (b)(3)(B).CommentsClose CommentsPermalink





(f) Urban Interface-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as otherwise provided in this section and subject to valid existing rights, the Federal land described in paragraph (2) is permanently withdrawn from--CommentsClose CommentsPermalink





(A) all forms of entry and appropriation under the public land laws and mining laws;CommentsClose CommentsPermalink





(B) location and patent under the mining laws; andCommentsClose CommentsPermalink





(C) operation of the mineral laws, geothermal leasing laws, and mineral material laws.CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND- The land referred to in paragraph (1) consists of approximately 19,747 acres, which is identified on the Map as ‘Urban Interface Withdrawal’.CommentsClose CommentsPermalink





(3) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land within the boundaries of the land described in paragraph (2) that is acquired by the United States after the date of enactment of this Act shall be withdrawn in accordance with this subsection.CommentsClose CommentsPermalink





(4) OFF-HIGHWAY VEHICLE MANAGEMENT- Until the date on which the Secretary, in consultation with the State, the City, and any other interested persons, completes a transportation plan for Federal land in the City, the use of motorized and mechanical vehicles on Federal land within the City shall be limited to roads and trails in existence on the date of enactment of this Act unless the use of the vehicles is needed--CommentsClose CommentsPermalink





(A) for administrative purposes; orCommentsClose CommentsPermalink





(B) to respond to an emergency.CommentsClose CommentsPermalink





(g) Availability of Funds- Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3)(A)(iv), by striking ‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4))’ and inserting ‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5))’;CommentsClose CommentsPermalink





(2) in paragraph (3)(A)(v), by striking ‘Clark, Lincoln, and White Pine Counties’ and inserting ‘Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5))’;CommentsClose CommentsPermalink





(3) in paragraph (4), by striking ‘2011’ and inserting ‘2015’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) LIMITATION FOR CARSON CITY- Carson City shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks or natural areas and for conservation initiatives--CommentsClose CommentsPermalink





‘(A) adjacent to the Carson River; orCommentsClose CommentsPermalink





‘(B) within the floodplain of the Carson River.’.CommentsClose CommentsPermalink





(h) Transfer of Land tTo Be Held in Trust for Washoe Tribe-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (2)--CommentsClose CommentsPermalink





(A) shall be held in trust by the United States for the benefit and use of the Tribe; andCommentsClose CommentsPermalink





(B) shall be part of the reservation of the Tribe.CommentsClose CommentsPermalink





(2) DESCRIPTION OF LAND- The land referred to in paragraph (1) consists of approximately 293 acres, which is identified on the Map as ‘To Washoe Tribe’.CommentsClose CommentsPermalink





(3) SURVEY- Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (1).CommentsClose CommentsPermalink





(4) USE OF LAND-CommentsClose CommentsPermalink





(A) GAMING- Land taken into trust under paragraph (1) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).CommentsClose CommentsPermalink





(B) TRUST LAND FOR CEREMONIAL USE AND CONSERVATION- With respect to the use of the land taken into trust under paragraph (1) that is above the 5,200CommentsClose CommentsPermalink

031’ elevation contour, the Tribe--CommentsClose CommentsPermalink

(i) shall limit the use of the land to--CommentsClose CommentsPermalink





(I) traditional and customary uses; andCommentsClose CommentsPermalink





(II) stewardship conservation for the benefit of the Tribe; andCommentsClose CommentsPermalink





(ii) shall not permit any--CommentsClose CommentsPermalink





(I) permanent residential or recreational development on the land; orCommentsClose CommentsPermalink





(II) commercial use of the land, including commercial development or gaming.CommentsClose CommentsPermalink





(C) TRUST LAND FOR COMMERCIAL AND RESIDENTIAL USE- With respect to the use of the land taken into trust under paragraph (1), the Tribe shall limit the use of the land below the 5,200CommentsClose CommentsPermalink

031’ elevation to--CommentsClose CommentsPermalink

(i) traditional and customary uses;CommentsClose CommentsPermalink





(ii) stewardship conservation for the benefit of the Tribe; andCommentsClose CommentsPermalink





(iii)(I) residential or recreational development; orCommentsClose CommentsPermalink





(II) commercial use.CommentsClose CommentsPermalink





(D) THINNING; LANDSCAPE RESTORATION- With respect to the land taken into trust under paragraph (1), the Secretary of Agriculture, in consultation and coordination with the Tribe, may carry out any thinning and other landscape restoration activities on the land that is beneficial to the Tribe and the Forest Service.CommentsClose CommentsPermalink





(i) Correction of Skunk Harbor Conveyance-CommentsClose CommentsPermalink





(1) PURPOSE- The purpose of this subsection is to amend Public Law 108-67 (117 Stat. 880) to make a technical correction relating to the land conveyance authorized under that Act.CommentsClose CommentsPermalink





(2) TECHNICAL CORRECTION- Section 2 of Public Law 108-67 (117 Stat. 880) is amended--CommentsClose CommentsPermalink





(A) by striking ‘Subject to’ and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- Subject to’;CommentsClose CommentsPermalink





(B) in subsection (a) (as designated by paragraph (1)), by striking ‘the parcel’ and all that follows through the period at the end and inserting the following: ‘and to approximately 23 acres of land identified as ‘Parcel A’ on the map entitled ‘Skunk Harbor Conveyance Correction’ and dated September 12, 2008, the western boundary of which is the low water line of Lake Tahoe at elevation 6,223.0CommentsClose CommentsPermalink

031’ (Lake Tahoe Datum).’; andCommentsClose CommentsPermalink

(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) Survey and Legal Description-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 180 days after the date of enactment of this subsection, the Secretary of Agriculture shall complete a survey and legal description of the boundary lines to establish the boundaries of the trust land.CommentsClose CommentsPermalink





‘(2) TECHNICAL CORRECTIONS- The Secretary may correct any technical errors in the survey or legal description completed under paragraph (1).CommentsClose CommentsPermalink





‘(c) Public Access and Use- Nothing in this Act prohibits any approved general public access (through existing easements or by boat) to, or use of, land remaining within the Lake Tahoe Basin Management Unit after the conveyance of the land to the Secretary of the Interior, in trust for the Tribe, under subsection (a), including access to, and use of, the beach and shoreline areas adjacent to the portion of land conveyed under that subsection.’.CommentsClose CommentsPermalink





(3) DATE OF TRUST STATUS- The trust land described in section 2(a) of Public Law 108-67 (117 Stat. 880) shall be considered to be taken into trust as of August 1, 2003.CommentsClose CommentsPermalink





(4) TRANSFER- The Secretary of the Interior, acting on behalf of and for the benefit of the Tribe, shall transfer to the Secretary of Agriculture administrative jurisdiction over the land identified as ‘Parcel B’ on the map entitled ‘Skunk Harbor Conveyance Correction’ and dated September 12, 2008.CommentsClose CommentsPermalink





(j) Agreement With Forest Service- The Secretary of Agriculture, in consultation with the Tribe, shall develop and implement a cooperative agreement that ensures regular access by members of the Tribe and other people in the community of the Tribe across National Forest System land from the City to Lake Tahoe for cultural and religious purposes.CommentsClose CommentsPermalink





(k) Artifact Collection-CommentsClose CommentsPermalink





(1) NOTICE- At least 180 days before conducting any ground disturbing activities on the land identified as ‘Parcel #2’ on the Map, the City shall notify the Tribe of the proposed activities to provide the Tribe with adequate time to inventory and collect any artifacts in the affected area.CommentsClose CommentsPermalink





(2) AUTHORIZED ACTIVITIES- On receipt of notice under paragraph (1), the Tribe may collect and possess any artifacts relating to the Tribe in the land identified as ‘Parcel #2’ on the Map.CommentsClose CommentsPermalink





(l) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 2602. 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 (43 U.S.C. 1701 et seq.), on request of the City, the Secretary shall, without consideration and subject to all valid existing rights, convey to the City all right, title, and interest of the United States in and to the Transition Area.CommentsClose CommentsPermalink





(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’) (43 U.S.C. 869 et seq.) by providing to the Secretary written notice of the election.CommentsClose CommentsPermalink





(4) NOISE COMPATIBILITY REQUIREMENTS- The City shall--CommentsClose CommentsPermalink





(A) plan and manage the Transition Area in accordance with section 47504 of title 49, United States Code (relating to airport noise compatibility planning), and regulations promulgated in accordance with that section; andCommentsClose CommentsPermalink





(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 is 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. 2603. 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’) (43 U.S.C. 869 et seq.); andCommentsClose CommentsPermalink





(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 Public Law 105-263 (112 Stat. 2345).CommentsClose CommentsPermalink





(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 Public Law 105-263 (112 Stat. 2345).CommentsClose CommentsPermalink





(c) Rights-of-Way- Consistent with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant rights-of-way to the Water District on a portion of the Alta-Hualapai Site for a flood control project and a water pumping facility.CommentsClose CommentsPermalink





(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. 2604. 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 (43 U.S.C. 1712, 1713), if not later than 30 days after completion of the appraisal required under paragraph (2), Turnabout Ranch of Escalante, Utah, submits to the Secretary an offer to acquire the Federal land for the appraised value, the Secretary shall, not later than 30 days after the date of the offer, convey to Turnabout Ranch all right, title, and interest to the Federal land, subject to valid existing rights.CommentsClose CommentsPermalink





(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(43 U.S.C. 2305), to be expended in accordance with that Act.CommentsClose CommentsPermalink





(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. 2605. 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’) (43 U.S.C. 869 et seq.), the Boy Scouts may convey to Brian Head Resort, subject to valid existing rights and, except as provided in subparagraph (B), any rights reserved by the United States, all right, title, and interest granted to the Boy Scouts by the original patent to the parcel described in paragraph (2)(A) in exchange for the conveyance by Brian Head Resort to the Boy Scouts of all right, title, and interest in and to the parcels described in paragraph (2)(B).CommentsClose CommentsPermalink





(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’) (43 U.S.C. 869 et seq.) for the purpose of operating a camp, which is more particularly described as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base and Meridian; andCommentsClose CommentsPermalink





(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’) (43 U.S.C. 869 et seq.) numbered 43-75-0010 to take into account the exchange under paragraph (1)(A).CommentsClose CommentsPermalink

SEC. 2606. 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 (43 U.S.C. 1712, 1713), and notwithstanding section 24 of the Federal Power Act (16 U.S.C. 818) and Federal Power Order for Project 2149, and subject to valid existing rights, if not later than 45 days after the date of completion of the appraisal required under paragraph (2), the Public Utility District No. 1 of Douglas County, Washington, submits to the Secretary an offer to acquire the public land for the appraised value, the Secretary shall convey, not later than 30 days after the date of the offer, to the PUD all right, title, and interest of the United States in and to the public land.CommentsClose CommentsPermalink





(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 (43 U.S.C. 2305) to be expended to improve access to public lands administered by the Bureau of Land Management in the State of Washington.CommentsClose CommentsPermalink





(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 (16 U.S.C. 797(e)) until the Federal Energy Regulatory Commission has issued a new license for the Wells Hydroelectric Project, to replace the original license expiring May 31, 2012, consistent with section 15 of the Federal Power Act (16 U.S.C. 808).CommentsClose CommentsPermalink

SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE.

(a) Conveyance- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey to the city of Twin Falls, Idaho, subject to valid existing rights, without consideration, all right, title, and interest of the United States in and to the 4 parcels of land described in subsection (b).CommentsClose CommentsPermalink





(b) Land Description- The 4 parcels of land to be conveyed under subsection (a) are the approximately 165 acres of land in Twin Falls County, Idaho, that are identified as ‘Land to be conveyed to Twin Falls’ on the map titled ‘Twin Falls Land Conveyance’ and dated July 28, 2008.CommentsClose CommentsPermalink





(c) Map on File- A map depicting the land described in subsection (b) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink





(d) Use of Conveyed Lands-CommentsClose CommentsPermalink





(1) PURPOSE- The land conveyed under this section shall be used to support the public purposes of the Auger Falls Project, including a limited agricultural exemption to allow for water quality and wildlife habitat improvements.CommentsClose CommentsPermalink





(2) RESTRICTION- The land conveyed under this section shall not be used for residential or commercial purposes, except for the limited agricultural exemption described in paragraph (1).CommentsClose CommentsPermalink





(3) ADDITIONAL TERMS AND CONDITIONS- The Secretary of the Interior may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.CommentsClose CommentsPermalink





(e) Reversion- If the land conveyed under this section is no longer used in accordance with subsection (d)--CommentsClose CommentsPermalink





(1) the land shall, at the discretion of the Secretary based on his determination of the best interests of the United States, revert to the United States; andCommentsClose CommentsPermalink





(2) if the Secretary chooses to have the land revert to the United States and if the Secretary determines that the land is environmentally contaminated, the city of Twin Falls, Idaho, or any other person responsible for the contamination shall remediate the contamination.CommentsClose CommentsPermalink





(f) Administrative Costs- The Secretary shall require that the city of Twin Falls, Idaho, pay all survey costs and other administrative costs necessary for the preparation and completion of any patents of and transfer of title to property under this section.CommentsClose CommentsPermalink

SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE, NEVADA.

(a) Finding- Congress finds that the land described in subsection (c) has been adequately studied for wilderness designation under section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782).CommentsClose CommentsPermalink





(b) Release- The land described in subsection (c)--CommentsClose CommentsPermalink





(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); andCommentsClose CommentsPermalink





(2) shall be managed in accordance with--CommentsClose CommentsPermalink





(A) land management plans adopted under section 202 of that Act (43 U.S.C. 1712); andCommentsClose CommentsPermalink





(B) cooperative conservation agreements in existence on the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Description of Land- The land referred to in subsections (a) and (b) is the approximately 70 acres of land in the Sunrise Mountain Instant Study Area of Clark County, Nevada, that is designated on the map entitled ‘Sunrise Mountain ISA Release Areas’ and dated September 6, 2008.CommentsClose CommentsPermalink

SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.

(a) Conveyance of Land by the Bureau of Land Management to Park City, Utah-CommentsClose CommentsPermalink





(1) LAND TRANSFER- Notwithstanding the planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall convey, not later than 180 days after the date of the enactment of this Act, to Park City, Utah, all right, title, and interest of the United States in and to two parcels of real property located in Park City, Utah, that are currently under the management jurisdiction of the Bureau of Land Management and designated as parcel 8 (commonly known as the White Acre parcel) and parcel 16 (commonly known as the Gambel Oak parcel). The conveyance shall be subject to all valid existing rights.CommentsClose CommentsPermalink





(2) DEED RESTRICTION- The conveyance of the lands under paragraph (1) shall be made by a deed or deeds containing a restriction requiring that the lands be maintained as open space and used solely for public recreation purposes or other purposes consistent with their maintenance as open space. This restriction shall not be interpreted to prohibit the construction or maintenance of recreational facilities, utilities, or other structures that are consistent with the maintenance of the lands as open space or its use for public recreation purposes.CommentsClose CommentsPermalink





(3) CONSIDERATION- In consideration for the transfer of the land under paragraph (1), Park City shall pay to the Secretary of the Interior an amount consistent with conveyances to governmental entities for recreational purposes under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).CommentsClose CommentsPermalink





(b) Sale of Bureau of Land Management Land in Park City, Utah, at Auction-CommentsClose CommentsPermalink





(1) SALE OF LAND- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall offer for sale any right, title, or interest of the United States in and to two parcels of real property located in Park City, Utah, that are currently under the management jurisdiction of the Bureau of Land Management and are designated as parcels 17 and 18 in the Park City, Utah, area. The sale of the land shall be carried out in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701) and other applicable law, other than the planning provisions of sections 202 and 203 of such Act (43 U.S.C. 1712, 1713), and shall be subject to all valid existing rights.CommentsClose CommentsPermalink





(2) METHOD OF SALE- The sale of the land under paragraph (1) shall be consistent with subsections (d) and (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) through a competitive bidding process and for not less than fair market value.CommentsClose CommentsPermalink





(c) Disposition of Land Sales Proceeds- All proceeds derived from the sale of land described in this section shall be deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)).CommentsClose CommentsPermalink

SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS IN RENO, NEVADA.

(a) Railroad Lands Defined- For the purposes of this section, the term ‘railroad lands’ means those lands within the City of Reno, Nevada, located within portions of sections 10, 11, and 12 of T.19 N., R. 19 E., and portions of section 7 of T.19 N., R. 20 E., Mount Diablo Meridian, Nevada, that were originally granted to the Union Pacific Railroad under the provisions of the Act of July 1, 1862, commonly known as the Union Pacific Railroad Act.CommentsClose CommentsPermalink





(b) Release of Reversionary Interest- Any reversionary interests of the United States (including interests under the Act of July 1, 1862, commonly known as the Union Pacific Railroad Act) in and to the railroad lands as defined in subsection (a) of this section are hereby released.CommentsClose CommentsPermalink

SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE RANCHERIA.

(a) In General-CommentsClose CommentsPermalink





(1) FEDERAL LANDS- Subject to valid existing rights, all right, title, and interest (including improvements and appurtenances) of the United States in and to the Federal lands described in subsection (b), the Federal lands shall be declared to be held in trust by the United States for the benefit of the Tribe for nongaming purposes, and shall be subject to the same terms and conditions as those lands described in the California Indian Land Transfer Act (Public Law 106-568; 114 Stat. 2921).CommentsClose CommentsPermalink





(2) TRUST LANDS- Lands described in subsection (c) of this section that are taken or to be taken in trust by the United States for the benefit of the Tribe shall be subject to subsection (c) of section 903 of the California Indian Land Transfer Act (Public Law 106-568; 114 Stat. 2921).CommentsClose CommentsPermalink





(b) Federal Lands Described- The Federal lands described in this subsection, comprising approximately 66 acres, are as follows:CommentsClose CommentsPermalink





(1) Township 1 North, Range 16 East, Section 6, Lots 10 and 12, MDM, containing 50.24 acres more or less.CommentsClose CommentsPermalink





(2) Township 1 North, Range 16 East, Section 5, Lot 16, MDM, containing 15.35 acres more or less.CommentsClose CommentsPermalink





(3) Township 2 North, Range 16 East, Section 32, Indian Cemetery Reservation within Lot 22, MDM, containing 0.4 acres more or less.CommentsClose CommentsPermalink





(c) Trust Lands Described- The trust lands described in this subsection, comprising approximately 357 acres, are commonly referred to as follows:CommentsClose CommentsPermalink





(1) Thomas property, pending trust acquisition, 104.50 acres.CommentsClose CommentsPermalink





(2) Coenenburg property, pending trust acquisition, 192.70 acres, subject to existing easements of record, including but not limited to a non-exclusive easement for ingress and egress for the benefit of adjoining property as conveyed by Easement Deed recorded July 13, 1984, in Volume 755, Pages 189 to 192, and as further defined by Stipulation and Judgment entered by Tuolumne County Superior Court on September 2, 1983, and recorded June 4, 1984, in Volume 751, Pages 61 to 67.CommentsClose CommentsPermalink





(3) Assessor Parcel No. 620505300, 1.5 acres, trust land.CommentsClose CommentsPermalink





(4) Assessor Parcel No. 620505400, 19.23 acres, trust land.CommentsClose CommentsPermalink





(5) Assessor Parcel No. 620505600, 3.46 acres, trust land.CommentsClose CommentsPermalink





(6) Assessor Parcel No. 620505700, 7.44 acres, trust land.CommentsClose CommentsPermalink





(7) Assessor Parcel No. 620401700, 0.8 acres, trust land.CommentsClose CommentsPermalink





(8) A portion of Assessor Parcel No. 620500200, 2.5 acres, trust land.CommentsClose CommentsPermalink





(9) Assessor Parcel No. 620506200, 24.87 acres, trust land.CommentsClose CommentsPermalink





(d) Survey- As soon as practicable after the date of the enactment of this Act, the Office of Cadastral Survey of the Bureau of Land Management shall complete fieldwork required for a survey of the lands described in subsections (b) and (c) for the purpose of incorporating those lands within the boundaries of the Tuolumne Rancheria. Not later than 90 days after that fieldwork is completed, that office shall complete the survey.CommentsClose CommentsPermalink





(e) Legal Descriptions-CommentsClose CommentsPermalink





(1) PUBLICATION- On approval by the Community Council of the Tribe of the survey completed under subsection (d), the Secretary of the Interior shall publish in the Federal Register--CommentsClose CommentsPermalink





(A) a legal description of the new boundary lines of the Tuolumne Rancheria; andCommentsClose CommentsPermalink





(B) a legal description of the land surveyed under subsection (d).CommentsClose CommentsPermalink





(2) EFFECT- Beginning on the date on which the legal descriptions are published under paragraph (1), such legal descriptions shall be the official legal descriptions of those boundary lines of the Tuolumne Rancheria and the lands surveyed.CommentsClose CommentsPermalink

TITLE III--FOREST SERVICE AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Watershed Restoration and EnhancementCommentsClose CommentsPermalink

SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.

Section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105-277), is amended--CommentsClose CommentsPermalink





(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. 3101. 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. 3201. 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. 3202. 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 3203) 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 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





(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 (30 U.S.C. 181 et seq.) and subject to the following conditions:CommentsClose CommentsPermalink





(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. 3203. 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. 3301. 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. 3302. 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. 3303. 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- If the Secretary of the Interior accepts the non-Federal land, title to which is acceptable to the Secretary of the Interior, the Secretary of Agriculture shall, subject to the conditions of this section and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), convey to the landowner the Federal land.CommentsClose CommentsPermalink





(2) EASEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- As a condition of the conveyance of the non-Federal land, the landowner may reserve 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 and the landowner shall determine the appropriate route of the easement through the non-Federal land.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 and the landowner determine to be appropriate.CommentsClose CommentsPermalink





(D) APPLICABLE LAW- The easement shall be established, operated, and maintained in compliance with applicable Federal, State, and local laws.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 Acquisitions; 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 in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).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 (43 U.S.C. 1716(b)) shall--CommentsClose CommentsPermalink





(I) be deposited in the fund established by Public Law 90-171 (commonly known as the ‘Sisk Act’) (16 U.S.C. 484a); andCommentsClose CommentsPermalink





(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 (43 U.S.C. 1716); andCommentsClose CommentsPermalink





(B) other applicable Federal, State, and local laws.CommentsClose CommentsPermalink





(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 (42 U.S.C. 4321 et seq.) have been met;CommentsClose CommentsPermalink





(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’) (16 U.S.C. 1 et seq.).CommentsClose CommentsPermalink





(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. 3304. 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 (16 U.S.C. 1271 et seq.); andCommentsClose CommentsPermalink





(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. 3305. 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. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.

Notwithstanding Public Law 90-171 (commonly known as the ‘Sisk Act’) (16 U.S.C. 484a), the approximately 36.25 acres patented to the Mammoth County Water District (now known as the ‘Mammoth Community Water District’) by Patent No. 04-87-0038, on June 26, 1987, and recorded in volume 482, at page 516, of the official records of the Recorder’s Office, Mono County, California, may be used for any public purpose.CommentsClose CommentsPermalink

SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) CITY- The term ‘City’ means the City of Bountiful, Utah.CommentsClose CommentsPermalink





(2) FEDERAL LAND- The term ‘Federal land’ means the land under the jurisdiction of the Secretary identified on the map as ‘Shooting Range Special Use Permit Area’.CommentsClose CommentsPermalink





(3) MAP- The term ‘map’ means the map entitled ‘Bountiful City Land Consolidation Act’ and dated October 15, 2007.CommentsClose CommentsPermalink





(4) NON-FEDERAL LAND- The term ‘non-Federal land’ means the 3 parcels of City land comprising a total of approximately 1,680 acres, as generally depicted on the map.CommentsClose CommentsPermalink





(5) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink





(b) Exchange- Subject to subsections (d) through (h), if the City conveys to the Secretary all right, title, and interest of the City in and to the non-Federal land, the Secretary shall convey to the City all right, title, and interest of the United States in and to the Federal land.CommentsClose CommentsPermalink





(c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the Forest Service.CommentsClose CommentsPermalink





(d) Valuation and Equalization-CommentsClose CommentsPermalink





(1) VALUATION- The value of the Federal land and the non-Federal land to be conveyed under subsection (b)--CommentsClose CommentsPermalink





(A) shall be equal, as determined by appraisals carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); orCommentsClose CommentsPermalink





(B) if not equal, shall be equalized in accordance with paragraph (2).CommentsClose CommentsPermalink





(2) EQUALIZATION- If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by--CommentsClose CommentsPermalink





(A) making a cash equalization payment to the Secretary or to the City, as appropriate; orCommentsClose CommentsPermalink





(B) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.CommentsClose CommentsPermalink





(e) Applicable Law- Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land exchange authorized under subsection (b), except that the Secretary may accept a cash equalization payment in excess of 25 percent of the value of the Federal land.CommentsClose CommentsPermalink





(f) Conditions-CommentsClose CommentsPermalink





(1) LIABILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- As a condition of the exchange under subsection (b), the Secretary shall--CommentsClose CommentsPermalink





(i) require that the City--CommentsClose CommentsPermalink





(I) assume all liability for the shooting range located on the Federal land, including the past, present, and future condition of the Federal land; andCommentsClose CommentsPermalink





(II) hold the United States harmless for any liability for the condition of the Federal land; andCommentsClose CommentsPermalink





(ii) comply with the hazardous substances disclosure requirements of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).CommentsClose CommentsPermalink





(B) LIMITATION- Clauses (ii) and (iii) of section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9620(h)(3)(A)) shall not apply to the conveyance of Federal land under subsection (b).CommentsClose CommentsPermalink





(2) ADDITIONAL TERMS AND CONDITIONS- The land exchange under subsection (b) shall be subject to--CommentsClose CommentsPermalink





(A) valid existing rights; andCommentsClose CommentsPermalink





(B) such additional terms and conditions as the Secretary may require.CommentsClose CommentsPermalink





(g) Management of Acquired Land- The non-Federal land acquired by the Secretary under subsection (b) shall be--CommentsClose CommentsPermalink





(1) added to, and administered as part of, the Wasatch-Cache National Forest; andCommentsClose CommentsPermalink





(2) managed by the Secretary in accordance with--CommentsClose CommentsPermalink





(A) the Act of March 1, 1911 (commonly known as the ‘Weeks Law’) (16 U.S.C. 480 et seq.); andCommentsClose CommentsPermalink





(B) any laws (including regulations) applicable to the National Forest System.CommentsClose CommentsPermalink





(h) Easements; Rights-of-Way-CommentsClose CommentsPermalink





(1) BONNEVILLE SHORELINE TRAIL EASEMENT- In carrying out the land exchange under subsection (b), the Secretary shall ensure that an easement not less than 60 feet in width is reserved for the Bonneville Shoreline Trail.CommentsClose CommentsPermalink





(2) OTHER RIGHTS-OF-WAY- The Secretary and the City may reserve any other rights-of-way for utilities, roads, and trails that--CommentsClose CommentsPermalink





(A) are mutually agreed to by the Secretary and the City; andCommentsClose CommentsPermalink





(B) the Secretary and the City consider to be in the public interest.CommentsClose CommentsPermalink





(i) Disposal of Remaining Federal Land-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may, by sale or exchange, dispose of all, or a portion of, the parcel of National Forest System land comprising approximately 220 acres, as generally depicted on the map that remains after the conveyance of the Federal land authorized under subsection (b), if the Secretary determines, in accordance with paragraph (2), that the land or portion of the land is in excess of the needs of the National Forest System.CommentsClose CommentsPermalink





(2) REQUIREMENTS- A determination under paragraph (1) shall be made--CommentsClose CommentsPermalink





(A) pursuant to an amendment of the land and resource management plan for the Wasatch-Cache National Forest; andCommentsClose CommentsPermalink





(B) after carrying out a public process consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





(3) CONSIDERATION- As consideration for any conveyance of Federal land under paragraph (1), the Secretary shall require payment of an amount equal to not less than the fair market value of the conveyed National Forest System land.CommentsClose CommentsPermalink





(4) RELATION TO OTHER LAWS- Any conveyance of Federal land under paragraph (1) by exchange shall be subject to section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).CommentsClose CommentsPermalink





(5) DISPOSITION OF PROCEEDS- Any amounts received by the Secretary as consideration under subsection (d) or paragraph (3) shall be--CommentsClose CommentsPermalink





(A) deposited in the fund established under Public Law 90-171 (commonly known as the ‘Sisk Act’) (16 U.S.C. 484a); andCommentsClose CommentsPermalink





(B) available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land to be included in the Wasatch-Cache National Forest.CommentsClose CommentsPermalink





(6) ADDITIONAL TERMS AND CONDITIONS- Any conveyance of Federal land under paragraph (1) shall be subject to--CommentsClose CommentsPermalink





(A) valid existing rights; andCommentsClose CommentsPermalink





(B) such additional terms and conditions as the Secretary may require.CommentsClose CommentsPermalink

SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO RETURN WILDERNESS.

(a) Purposes- The purposes of this section 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





(b) Definitions- In this section: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 (16 U.S.C. 1132 note; 94 Stat. 948).CommentsClose CommentsPermalink





(c) Boundary Adjustment-CommentsClose CommentsPermalink





(1) ADJUSTMENT TO WILDERNESS AREA-CommentsClose CommentsPermalink





(A) INCLUSION- The wilderness area shall include the land designated for inclusion.CommentsClose CommentsPermalink





(B) EXCLUSION- The wilderness area shall not include the land designated for exclusion.CommentsClose CommentsPermalink





(2) CORRECTIONS TO LEGAL DESCRIPTIONS- The Secretary may make corrections to the legal descriptions.CommentsClose CommentsPermalink





(d) Conveyance of Land Designated for Exclusion-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), 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





(A) the land designated for exclusion; andCommentsClose CommentsPermalink





(B) as the Secretary determines to be necessary, not more than 10 acres of land adjacent to the land designated for exclusion.CommentsClose CommentsPermalink





(2) CONDITIONS- The sale of land under paragraph (1) shall be subject to the conditions that--CommentsClose CommentsPermalink





(A) the land to be conveyed be appraised in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions;CommentsClose CommentsPermalink





(B) the person buying the land shall pay--CommentsClose CommentsPermalink





(i) the costs associated with appraising and, if the land needs to be resurveyed, resurveying the land; andCommentsClose CommentsPermalink





(ii) any analyses and closing costs associated with the conveyance;CommentsClose CommentsPermalink





(C) for management purposes, the Secretary may reconfigure the description of the land for sale; andCommentsClose CommentsPermalink





(D) the owner of the adjacent private land shall have the first opportunity to buy the land.CommentsClose CommentsPermalink





(3) DISPOSITION OF PROCEEDS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall deposit the cash proceeds from a sale of land under paragraph (1) in the fund established under Public Law 90-171 (commonly known as the ‘Sisk Act’) (16 U.S.C. 484a).CommentsClose CommentsPermalink





(B) AVAILABILITY AND USE- Amounts deposited under subparagraph (A)--CommentsClose CommentsPermalink





(i) shall remain available until expended for the acquisition of land for National Forest purposes in the State of Idaho; andCommentsClose CommentsPermalink





(ii) shall not be subject to transfer or reprogramming for--CommentsClose CommentsPermalink





(I) wildland fire management; orCommentsClose CommentsPermalink





(II) any other emergency purposes.CommentsClose CommentsPermalink

SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.

Section 413(b) of the T’uf Shur Bien Preservation Trust Area Act (16 U.S.C. 539m-11) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘3,’ after ‘sections’; andCommentsClose CommentsPermalink





(2) in the first sentence of paragraph (4), by inserting ‘, as a condition of the conveyance,’ before ‘remain’.CommentsClose CommentsPermalink

Subtitle E--Colorado Northern Front Range StudyCommentsClose CommentsPermalink

SEC. 3401. PURPOSE.

The purpose of this subtitle is to identify options that may be available to assist in maintaining the open space characteristics of land that is part of the mountain backdrop of communities in the northern section of the Front Range area of Colorado.CommentsClose CommentsPermalink

SEC. 3402. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.CommentsClose CommentsPermalink





(2) STATE- The term ‘State’ means the State of Colorado.CommentsClose CommentsPermalink





(3) STUDY AREA-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘study area’ means the land in southern Boulder, northern Jefferson, and northern Gilpin Counties, Colorado, that is located west of Colorado State Highway 93, south and east of Colorado State Highway 119, and north of Colorado State Highway 46, as generally depicted on the map entitled ‘Colorado Northern Front Range Mountain Backdrop Protection Study Act: Study Area’ and dated August 27, 2008.CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘study area’ does not include land within the city limits of the cities of Arvada, Boulder, or Golden, Colorado.CommentsClose CommentsPermalink





(4) UNDEVELOPED LAND- The term ‘undeveloped land’ means land--CommentsClose CommentsPermalink





(A) that is located within the study area;CommentsClose CommentsPermalink





(B) that is free or primarily free of structures; andCommentsClose CommentsPermalink





(C) the development of which is likely to affect adversely the scenic, wildlife, or recreational value of the study area.CommentsClose CommentsPermalink

SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY.

(a) Study; Report- Not later than 1 year after the date of enactment of this Act and except as provided in subsection (c), the Secretary shall--CommentsClose CommentsPermalink





(1) conduct a study of the land within the study area; andCommentsClose CommentsPermalink





(2) complete a report that--CommentsClose CommentsPermalink





(A) identifies the present ownership of the land within the study area;CommentsClose CommentsPermalink





(B) identifies any undeveloped land that may be at risk of development; andCommentsClose CommentsPermalink





(C) describes any actions that could be taken by the United States, the State, a political subdivision of the State, or any other parties to preserve the open and undeveloped character of the land within the study area.CommentsClose CommentsPermalink





(b) Requirements- The Secretary shall conduct the study and develop the report under subsection (a) with the support and participation of 1 or more of the following State and local entities:CommentsClose CommentsPermalink





(1) The Colorado Department of Natural Resources.CommentsClose CommentsPermalink





(2) Colorado State Forest Service.CommentsClose CommentsPermalink





(3) Colorado State Conservation Board.CommentsClose CommentsPermalink





(4) Great Outdoors Colorado.CommentsClose CommentsPermalink





(5) Boulder, Jefferson, and Gilpin Counties, Colorado.CommentsClose CommentsPermalink





(c) Limitation- If the State and local entities specified in subsection (b) do not support and participate in the conduct of the study and the development of the report under this section, the Secretary may--CommentsClose CommentsPermalink





(1) decrease the area covered by the study area, as appropriate; orCommentsClose CommentsPermalink





(2)(A) opt not to conduct the study or develop the report; andCommentsClose CommentsPermalink





(B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives notice of the decision not to conduct the study or develop the report.CommentsClose CommentsPermalink





(d) Effect- Nothing in this subtitle authorizes the Secretary to take any action that would affect the use of any land not owned by the United States.CommentsClose CommentsPermalink

TITLE IV--FOREST LANDSCAPE RESTORATIONCommentsClose CommentsPermalink

SEC. 4001. 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. 4002. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) FUND- The term ‘Fund’ means the Collaborative Forest Landscape Restoration Fund established by section 4003(f).CommentsClose CommentsPermalink





(2) PROGRAM- The term ‘program’ means the Collaborative Forest Landscape Restoration Program established under section 4003(a).CommentsClose CommentsPermalink





(3) PROPOSAL- The term ‘proposal’ means a collaborative forest landscape restoration proposal described in section 4003(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 4003(b)(1).CommentsClose CommentsPermalink

SEC. 4003. 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 (16 U.S.C. 1531 et seq.);CommentsClose CommentsPermalink





(2) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); andCommentsClose CommentsPermalink





(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 Public Law 106-393 (16 U.S.C. 500 note);CommentsClose CommentsPermalink





(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. 4004. 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. 5001. FOSSIL CREEK, ARIZONA.

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1852) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(205) 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. 5002. SNAKE RIVER HEADWATERS, WYOMING.

(a) Short Title- This section may be cited as the ‘Craig Thomas Snake Headwaters Legacy Act of 2008’.CommentsClose CommentsPermalink





(b) 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 (16 U.S.C. 1271 et seq.) to those rivers and streams; andCommentsClose CommentsPermalink





(E) the designation of the rivers and streams of the headwaters of the Snake River System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to the citizens of the United States the importance of maintaining the outstanding and remarkable qualities of the Snake River System while--CommentsClose CommentsPermalink





(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





(c) 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 (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) that is not located in--CommentsClose CommentsPermalink





(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 (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) that is located in--CommentsClose CommentsPermalink





(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





(d) Wild and Scenic River Designations, Snake River Headwaters, Wyoming- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5001) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(206) SNAKE RIVER HEADWATERS, WYOMING- 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





(e) Management-CommentsClose CommentsPermalink





(1) IN GENERAL- Each river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) shall be managed by the Secretary concerned.CommentsClose CommentsPermalink





(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 (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) that is located in an area under the jurisdiction of the Secretary concerned.CommentsClose CommentsPermalink





(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 (16 U.S.C. 1271 et seq.), the Secretary may carry out activities at United States Geological Survey stream gauges that are located on the Snake River (including tributaries of the Snake River), including flow measurements and operation, maintenance, and replacement.CommentsClose CommentsPermalink





(5) CONSENT OF PROPERTY OWNER- No property or interest in property located within the boundaries of any river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) may be acquired by the Secretary without the consent of the owner of the property or interest in property.CommentsClose CommentsPermalink





(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, including the storage, management, and release of water.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.

(a) Designation- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5002(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(206) 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)(206) 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 (16 U.S.C. 1274(d)).CommentsClose CommentsPermalink





(2) COOPERATIVE AGREEMENTS- To provide for the long-term protection, preservation, and enhancement of each river segment designated by section 3(a)(206) 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 (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial and other assistance) with--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1281(c)), each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)) shall not be--CommentsClose CommentsPermalink





(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)(206) 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 (16 U.S.C. 1277(c)).CommentsClose CommentsPermalink





(B) VILLAGES- For the purpose of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described in subparagraph (A) shall be considered to be a village.CommentsClose CommentsPermalink





(C) ACQUISITION OF LAND-CommentsClose CommentsPermalink





(i) LIMITATION OF AUTHORITY OF SECRETARY- With respect to each river segment designated by section 3(a)(206) 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 (16 U.S.C. 1277(c)), with respect to each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)), the Secretary may not acquire any parcel of land by condemnation.CommentsClose CommentsPermalink

Subtitle B--Wild and Scenic Rivers StudiesCommentsClose CommentsPermalink

SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.

(a) Designation for Study- Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(140) MISSISQUOI AND TROUT RIVERS, VERMONT- The approximately 25-mile segment of the upper Missisquoi from its headwaters in Lowell to the Canadian border in North Troy, the approximately 25-mile segment from the Canadian border in East Richford to Enosburg Falls, and the approximately 20-mile segment of the Trout River from its headwaters to its confluence with the Missisquoi River.’.CommentsClose CommentsPermalink





(b) Study and Report- Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(19) MISSISQUOI AND TROUT RIVERS, VERMONT- Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall--CommentsClose CommentsPermalink





‘(A) complete the study of the Missisquoi and Trout Rivers, Vermont, described in subsection (a)(140); andCommentsClose CommentsPermalink





‘(B) submit a report describing the results of that study to the appropriate committees of Congress.’.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

Subtitle C--Additions to the National Trails SystemCommentsClose CommentsPermalink

SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL.

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.

(a) Authorization and Administration- Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5201) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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 (16 U.S.C. 1245), the Secretary is encouraged to work with the State of New Hampshire and appropriate local and private organizations to include that portion of the Metacomet-Monadnock Trail in New Hampshire (which lies between Royalston, Massachusetts and Jaffrey, New Hampshire) as a component of the New England National Scenic Trail. Inclusion of this segment, as well as other potential side or connecting trails, is contingent upon written application to the Secretary by appropriate State and local jurisdictions and a finding by the Secretary that trail management and administration is consistent with the Trail Management Blueprint.CommentsClose CommentsPermalink

SEC. 5203. 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 Missoula.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 as 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 Public Law 91-383 (16 U.S.C. 1a-2(l)).CommentsClose CommentsPermalink





(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. 5204. WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL.

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5202(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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

SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5204) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(30) PACIFIC NORTHWEST NATIONAL SCENIC TRAIL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Pacific Northwest National Scenic Trail, a trail of approximately 1,200 miles, extending from the Continental Divide in Glacier National Park, Montana, to the Pacific Ocean Coast in Olympic National Park, Washington, following the route depicted on the map entitled ‘Pacific Northwest National Scenic Trail: Proposed Trail’, numbered T12/80,000, and dated February 2008 (referred to in this paragraph as the ‘map’).CommentsClose CommentsPermalink





‘(B) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the Forest Service.CommentsClose CommentsPermalink





‘(C) ADMINISTRATION- The Pacific Northwest National Scenic Trail shall be administered by the Secretary of Agriculture.CommentsClose CommentsPermalink





‘(D) LAND ACQUISITION- The United States shall not acquire for the Pacific Northwest National Scenic 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

SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.

Section 5(a)(16) of the National Trails System Act (16 U.S.C. 1244(a)(16)) is amended as follows:CommentsClose CommentsPermalink





(1) By amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink





‘(C) In addition to the areas otherwise designated under this paragraph, the following routes and land components by which the Cherokee Nation was removed to Oklahoma are components of the Trail of Tears National Historic Trail, as generally described in the environmentally preferred alternative of the November 2007 Feasibility Study Amendment and Environmental Assessment for Trail of Tears National Historic Trail:CommentsClose CommentsPermalink





‘(i) The Benge and Bell routes.CommentsClose CommentsPermalink





‘(ii) The land components of the designated water routes in Alabama, Arkansas, Oklahoma, and Tennessee.CommentsClose CommentsPermalink





‘(iii) The routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the emigration depots.CommentsClose CommentsPermalink





‘(iv) The related campgrounds located along the routes and land components described in clauses (i) through (iii).’.CommentsClose CommentsPermalink





(2) In subparagraph (D)--CommentsClose CommentsPermalink





(A) by striking the first sentence; andCommentsClose CommentsPermalink





(B) by adding at the end the following: ‘No lands or interests in lands outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the Trail of Tears National Historic Trail except with the consent of the owner thereof.’.CommentsClose CommentsPermalink

Subtitle D--National Trail System AmendmentsCommentsClose CommentsPermalink

SEC. 5301. 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 (16 U.S.C. 1244(a)(3)) is amended 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





(2) MORMON PIONEER NATIONAL HISTORIC TRAIL- Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended 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





(3) CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL- Section 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended 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





(4) LEWIS AND CLARK NATIONAL HISTORIC TRAIL- Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended 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





(5) IDITAROD NATIONAL HISTORIC TRAIL- Section 5(a)(7) of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended 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





(6) NORTH COUNTRY NATIONAL SCENIC TRAIL- Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended 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





(7) ICE AGE NATIONAL SCENIC TRAIL- Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended 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





(8) POTOMAC HERITAGE NATIONAL SCENIC TRAIL- Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1244(a)(14)) is amended--CommentsClose CommentsPermalink





(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 (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(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. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING NATIONAL HISTORIC TRAILS.

Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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

SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.

Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(44) CHISHOLM TRAIL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Chisholm Trail (also known as the ‘Abilene Trail’), from the vicinity of San Antonio, Texas, segments from the vicinity of Cuero, Texas, to Ft. Worth, Texas, Duncan, Oklahoma, alternate segments used through Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, Wichita, Kansas, Abilene, Kansas, and commonly used segments running to alternative Kansas destinations.CommentsClose CommentsPermalink





‘(B) REQUIREMENT- In conducting the study required under this paragraph, the Secretary of the Interior shall identify the point at which the trail originated south of San Antonio, Texas.CommentsClose CommentsPermalink





‘(45) GREAT WESTERN TRAIL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Great Western Trail (also known as the ‘Dodge City Trail’), from the vicinity of San Antonio, Texas, north-by-northwest through the vicinities of Kerrville and Menard, Texas, north-by-northeast through the vicinities of Coleman and Albany, Texas, north through the vicinity of Vernon, Texas, to Doan’s Crossing, Texas, northward through or near the vicinities of Altus, Lone Wolf, Canute, Vici, and May, Oklahoma, north through Kansas to Dodge City, and north through Nebraska to Ogallala.CommentsClose CommentsPermalink





‘(B) REQUIREMENT- In conducting the study required under this paragraph, the Secretary of the Interior shall identify the point at which the trail originated south of San Antonio, Texas.’.CommentsClose CommentsPermalink

TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Cooperative Watershed Management ProgramCommentsClose CommentsPermalink

SEC. 6001. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) AFFECTED STAKEHOLDER- The term ‘affected stakeholder’ means an entity that significantly affects, or is significantly affected by, the quality or quantity of water in a watershed, as determined by the Secretary.CommentsClose CommentsPermalink





(2) GRANT RECIPIENT- The term ‘grant recipient’ means a watershed group that the Secretary has selected to receive a grant under section 6002(c)(2).CommentsClose CommentsPermalink





(3) PROGRAM- The term ‘program’ means the Cooperative Watershed Management Program established by the Secretary under section 6002(a).CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(5) WATERSHED GROUP- The term ‘watershed group’ means a self-sustaining, cooperative watershed-wide group that--CommentsClose CommentsPermalink





(A) is comprised of representatives of the affected stakeholders of the relevant watershed;CommentsClose CommentsPermalink





(B) incorporates the perspectives of a diverse array of stakeholders, including, to the maximum extent practicable--CommentsClose CommentsPermalink





(i) representatives of--CommentsClose CommentsPermalink





(I) hydroelectric production;CommentsClose CommentsPermalink





(II) livestock grazing;CommentsClose CommentsPermalink





(III) timber production;CommentsClose CommentsPermalink





(IV) land development;CommentsClose CommentsPermalink





(V) recreation or tourism;CommentsClose CommentsPermalink





(VI) irrigated agricultural production;CommentsClose CommentsPermalink





(VII) the environment;CommentsClose CommentsPermalink





(VIII) potable water purveyors and industrial water users; andCommentsClose CommentsPermalink





(IX) private property owners within the watershed;CommentsClose CommentsPermalink





(ii) any Federal agency that has authority with respect to the watershed;CommentsClose CommentsPermalink





(iii) any State agency that has authority with respect to the watershed;CommentsClose CommentsPermalink





(iv) any local agency that has authority with respect to the watershed; andCommentsClose CommentsPermalink





(v) any Indian tribe that--CommentsClose CommentsPermalink





(I) owns land within the watershed; orCommentsClose CommentsPermalink





(II) has land in the watershed that is held in trust;CommentsClose CommentsPermalink





(C) is a grassroots, nonregulatory entity that addresses water availability and quality issues within the relevant watershed;CommentsClose CommentsPermalink





(D) is capable of promoting the sustainable use of the water resources of the relevant watershed and improving the functioning condition of rivers and streams through--CommentsClose CommentsPermalink





(i) water conservation;CommentsClose CommentsPermalink





(ii) improved water quality;CommentsClose CommentsPermalink





(iii) ecological resiliency; andCommentsClose CommentsPermalink





(iv) the reduction of water conflicts; andCommentsClose CommentsPermalink





(E) makes decisions on a consensus basis, as defined in the bylaws of the watershed group.CommentsClose CommentsPermalink





(6) WATERSHED MANAGEMENT PROJECT- The term ‘watershed management project’ means any project (including a demonstration project) that--CommentsClose CommentsPermalink





(A) enhances water conservation, including alternative water uses;CommentsClose CommentsPermalink





(B) improves water quality;CommentsClose CommentsPermalink





(C) improves ecological resiliency of a river or stream;CommentsClose CommentsPermalink





(D) reduces the potential for water conflicts; orCommentsClose CommentsPermalink





(E) advances any other goals associated with water quality or quantity that the Secretary determines to be appropriate.CommentsClose CommentsPermalink

SEC. 6002. PROGRAM.

(a) Establishment- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, to be known as the ‘Cooperative Watershed Management Program’, under which the Secretary shall provide grants--CommentsClose CommentsPermalink





(1)(A) to form a watershed group; orCommentsClose CommentsPermalink





(B) to enlarge a watershed group; andCommentsClose CommentsPermalink





(2) to conduct 1 or more projects in accordance with the goals of a watershed group.CommentsClose CommentsPermalink





(b) Application-CommentsClose CommentsPermalink





(1) ESTABLISHMENT OF APPLICATION PROCESS; CRITERIA- Not later than 1 year after the date of enactment of this Act, the Secretary shall establish--CommentsClose CommentsPermalink





(A) an application process for the program; andCommentsClose CommentsPermalink





(B) in consultation with the States, prioritization and eligibility criteria for considering applications submitted in accordance with the application process.CommentsClose CommentsPermalink





(c) Distribution of Grant Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- In distributing grant funds under this section, the Secretary--CommentsClose CommentsPermalink





(A) shall comply with paragraph (2); andCommentsClose CommentsPermalink





(B) may give priority to watershed groups that--CommentsClose CommentsPermalink





(i) represent maximum diversity of interests; orCommentsClose CommentsPermalink





(ii) serve subbasin-sized watersheds with an 8-digit hydrologic unit code, as defined by the United States Geological Survey.CommentsClose CommentsPermalink





(2) FUNDING PROCEDURE-CommentsClose CommentsPermalink





(A) FIRST PHASE-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary may provide to a grant recipient a first-phase grant in an amount not greater than $100,000 each year for a period of not more than 3 years.CommentsClose CommentsPermalink





(ii) MANDATORY USE OF FUNDS- A grant recipient that receives a first-phase grant shall use the funds--CommentsClose CommentsPermalink





(I) to establish or enlarge a watershed group;CommentsClose CommentsPermalink





(II) to develop a mission statement for the watershed group;CommentsClose CommentsPermalink





(III) to develop project concepts; andCommentsClose CommentsPermalink





(IV) to develop a restoration plan.CommentsClose CommentsPermalink





(iii) ANNUAL DETERMINATION OF ELIGIBILITY-CommentsClose CommentsPermalink





(I) DETERMINATION- For each year of a first-phase grant, not later than 270 days after the date on which a grant recipient first receives grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional funding.CommentsClose CommentsPermalink





(II) EFFECT OF DETERMINATION- If the Secretary determines under subclause (I) that the progress of a grant recipient during the year covered by the determination justifies additional funding, the Secretary shall provide to the grant recipient grant funds for the following year.CommentsClose CommentsPermalink





(iv) ADVANCEMENT CONDITIONS- A grant recipient shall not be eligible to receive a second-phase grant under subparagraph (B) until the date on which the Secretary determines that the watershed group--CommentsClose CommentsPermalink





(I) has approved articles of incorporation and bylaws governing the organization; andCommentsClose CommentsPermalink





(II)(aa) holds regular meetings;CommentsClose CommentsPermalink





(bb) has completed a mission statement; andCommentsClose CommentsPermalink





(cc) has developed a restoration plan and project concepts for the watershed.CommentsClose CommentsPermalink





(v) EXCEPTION- A watershed group that has not applied for or received first-phase grants may apply for and receive second-phase grants under subparagraph (B) if the Secretary determines that the group has satisfied the requirements of first-phase grants.CommentsClose CommentsPermalink





(B) SECOND PHASE-CommentsClose CommentsPermalink





(i) IN GENERAL- A watershed group may apply for and receive second-phase grants of $1,000,000 each year for a period of not more than 4 years if--CommentsClose CommentsPermalink





(I) the watershed group has applied for and received watershed grants under subparagraph (A); orCommentsClose CommentsPermalink





(II) the Secretary determines that the watershed group has satisfied the requirements of first-phase grants.CommentsClose CommentsPermalink





(ii) MANDATORY USE OF FUNDS- A grant recipient that receives a second-phase grant shall use the funds to plan and carry out watershed management projects.CommentsClose CommentsPermalink





(iii) ANNUAL DETERMINATION OF ELIGIBILITY-CommentsClose CommentsPermalink





(I) DETERMINATION- For each year of the second-phase grant, not later than 270 days after the date on which a grant recipient first receives grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional funding.CommentsClose CommentsPermalink





(II) EFFECT OF DETERMINATION- If the Secretary determines under subclause (I) that the progress of a grant recipient during the year justifies additional funding, the Secretary shall provide to the grant recipient grant funds for the following year.CommentsClose CommentsPermalink





(iv) ADVANCEMENT CONDITION- A grant recipient shall not be eligible to receive a third-phase grant under subparagraph (C) until the date on which the Secretary determines that the grant recipient has--CommentsClose CommentsPermalink





(I) completed each requirement of the second-phase grant; andCommentsClose CommentsPermalink





(II) demonstrated that 1 or more pilot projects of the grant recipient have resulted in demonstrable improvements, as determined by the Secretary, in the functioning condition of at least 1 river or stream in the watershed.CommentsClose CommentsPermalink





(C) THIRD PHASE-CommentsClose CommentsPermalink





(i) FUNDING LIMITATION-CommentsClose CommentsPermalink





(I) IN GENERAL- Except as provided in subclause (II), the Secretary may provide to a grant recipient a third-phase grant in an amount not greater than $5,000,000 for a period of not more than 5 years.CommentsClose CommentsPermalink





(II) EXCEPTION- The Secretary may provide to a grant recipient a third-phase grant in an amount that is greater than the amount described in subclause (I) if the Secretary determines that the grant recipient is capable of using the additional amount to further the purposes of the program in a way that could not otherwise be achieved by the grant recipient using the amount described in subclause (I).CommentsClose CommentsPermalink





(ii) MANDATORY USE OF FUNDS- A grant recipient that receives a third-phase grant shall use the funds to plan and carry out at least 1 watershed management project.CommentsClose CommentsPermalink





(3) AUTHORIZING USE OF FUNDS FOR ADMINISTRATIVE AND OTHER COSTS- A grant recipient that receives a grant under this section may use the funds--CommentsClose CommentsPermalink





(A) to pay for--CommentsClose CommentsPermalink





(i) administrative and coordination costs, if the costs are not greater than the lesser of--CommentsClose CommentsPermalink





(I) 20 percent of the total amount of the grant; orCommentsClose CommentsPermalink





(II) $100,000;CommentsClose CommentsPermalink





(ii) the salary of not more than 1 full-time employee of the watershed group; andCommentsClose CommentsPermalink





(iii) any legal fees arising from the establishment of the relevant watershed group; andCommentsClose CommentsPermalink





(B) to fund--CommentsClose CommentsPermalink





(i) water quality and quantity studies of the relevant watershed; andCommentsClose CommentsPermalink





(ii) the planning, design, and implementation of any projects relating to water quality or quantity.CommentsClose CommentsPermalink





(d) Cost Share-CommentsClose CommentsPermalink





(1) PLANNING- The Federal share of the cost of an activity provided assistance through a first-phase grant shall be 100 percent.CommentsClose CommentsPermalink





(2) PROJECTS CARRIED OUT UNDER SECOND PHASE-CommentsClose CommentsPermalink





(A) IN GENERAL- The Federal share of the cost of any activity of a watershed management project provided assistance through a second-phase grant shall not exceed 50 percent of the total cost of the activity.CommentsClose CommentsPermalink





(B) FORM OF NON-FEDERAL SHARE- The non-Federal share under subparagraph (A) may be in the form of in-kind contributions.CommentsClose CommentsPermalink





(3) PROJECTS CARRIED OUT UNDER THIRD PHASE-CommentsClose CommentsPermalink





(A) IN GENERAL- The Federal share of the costs of any activity of a watershed group of a grant recipient relating to a watershed management project provided assistance through a third-phase grant shall not exceed 50 percent of the total costs of the watershed management project.CommentsClose CommentsPermalink





(B) FORM OF NON-FEDERAL SHARE- The non-Federal share under subparagraph (A) may be in the form of in-kind contributions.CommentsClose CommentsPermalink





(e) Annual Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date on which a grant recipient first receives funds under this section, and annually thereafter, in accordance with paragraph (2), the watershed group shall submit to the Secretary a report that describes the progress of the watershed group.CommentsClose CommentsPermalink





(2) REQUIRED DEGREE OF DETAIL- The contents of an annual report required under paragraph (1) shall contain sufficient information to enable the Secretary to complete each report required under subsection (f), as determined by the Secretary.CommentsClose CommentsPermalink





(f) Report- Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes--CommentsClose CommentsPermalink





(1) the ways in which the program assists the Secretary--CommentsClose CommentsPermalink





(A) in addressing water conflicts;CommentsClose CommentsPermalink





(B) in conserving water;CommentsClose CommentsPermalink





(C) in improving water quality; andCommentsClose CommentsPermalink





(D) in improving the ecological resiliency of a river or stream; andCommentsClose CommentsPermalink





(2) benefits that the program provides, including, to the maximum extent practicable, a quantitative analysis of economic, social, and environmental benefits.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink





(1) $2,000,000 for each of fiscal years 2008 and 2009;CommentsClose CommentsPermalink





(2) $5,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





(3) $10,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink





(4) $20,000,000 for each of fiscal years 2012 through 2020.CommentsClose CommentsPermalink

SEC. 6003. EFFECT OF SUBTITLE.

Nothing in this subtitle affects the applicability of any Federal, State, or local law with respect to any watershed group.CommentsClose CommentsPermalink

Subtitle B--Competitive Status for Federal Employees in AlaskaCommentsClose CommentsPermalink

SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN THE STATE OF ALASKA.

Section 1308 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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--Management of the Baca National Wildlife RefugeCommentsClose CommentsPermalink

SEC. 6201. BACA NATIONAL WILDLIFE REFUGE.

Section 6 of the Great Sand Dunes National Park and Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--CommentsClose CommentsPermalink





(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 D--Paleontological Resources PreservationCommentsClose CommentsPermalink

SEC. 6301. 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 (16 U.S.C. 470bb(1)); orCommentsClose CommentsPermalink





(B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).CommentsClose CommentsPermalink





(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. 6302. 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. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM.

The Secretary shall establish a program to increase public awareness about the significance of paleontological resources.CommentsClose CommentsPermalink

SEC. 6304. 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 6306 or is assessed a civil penalty under section 6307.CommentsClose CommentsPermalink





(e) Area Closures- In order to protect paleontological or other resources or 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. 6305. 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. 6306. 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 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 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 25 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 52 years, or both.CommentsClose CommentsPermalink





(d) Multiple Offenses- In the case of a second or subsequent violation by the same person, the amount of the penalty assessed under subsection (c) may be doubled.CommentsClose CommentsPermalink





(e) 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. 6307. 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 section 554 of title 5, United States Code.CommentsClose CommentsPermalink





(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 6308.CommentsClose CommentsPermalink

SEC. 6308. REWARDS AND FORFEITURE.

(a) Rewards- The Secretary may pay from penalties collected under section 6306 or 6307 or from appropriated funds--CommentsClose CommentsPermalink





(1) consistent with amounts established in regulations by the Secretary; orCommentsClose CommentsPermalink





(2) if no such regulation exists, an amount up to 1/2 of the penalties, 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 6306 or 6307 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. 6309. CONFIDENTIALITY.

Information concerning the nature and specific location of a paleontological resource shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would--CommentsClose CommentsPermalink





(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. 6310. 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. 6311. 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 (43 U.S.C. 1701-1784), Public Law 94-429 (commonly known as the ‘Mining in the Parks Act’) (16 U.S.C. 1901 et seq.), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551);CommentsClose CommentsPermalink





(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. 6312. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.CommentsClose CommentsPermalink

Subtitle E--Izembek National Wildlife Refuge Land ExchangeCommentsClose CommentsPermalink

SEC. 6401. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) CORPORATION- The term ‘Corporation’ means the King Cove Corporation.CommentsClose CommentsPermalink





(2) FEDERAL LAND- The term ‘Federal land’ means--CommentsClose CommentsPermalink





(A) the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map; andCommentsClose CommentsPermalink





(B) the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map.CommentsClose CommentsPermalink





(3) MAP- The term ‘map’ means each of--CommentsClose CommentsPermalink





(A) the map entitled ‘Izembek and Alaska Peninsula National Wildlife Refuges’ and dated September 2, 2008; andCommentsClose CommentsPermalink





(B) the map entitled ‘Sitkinak Island-Alaska Maritime National Wildlife Refuge’ and dated September 2, 2008.CommentsClose CommentsPermalink





(4) NON-FEDERAL LAND- The term ‘non-Federal land’ means--CommentsClose CommentsPermalink





(A) the approximately 43,093 acres of land owned by the State, as generally depicted on the map; andCommentsClose CommentsPermalink





(B) the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) as part of the land exchange under section 6402(a)), as generally depicted on the map.CommentsClose CommentsPermalink





(5) REFUGE- The term ‘Refuge’ means the Izembek National Wildlife Refuge.CommentsClose CommentsPermalink





(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(7) STATE- The term ‘State’ means the State of Alaska.CommentsClose CommentsPermalink





(8) TRIBE- The term ‘Tribe’ means the Agdaagux Tribe of King Cove, Alaska.CommentsClose CommentsPermalink

SEC. 6402. LAND EXCHANGE.

(a) In General- Upon receipt of notification by the State and the Corporation of the intention of the State and the Corporation to exchange the non-Federal land for the Federal land, subject to the conditions and requirements described in this subtitle, the Secretary may convey to the State all right, title, and interest of the United States in and to the Federal land. The Federal land within the Refuge shall be transferred for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska.CommentsClose CommentsPermalink





(b) Compliance With National Environmental Policy Act of 1969 and Other Applicable Laws-CommentsClose CommentsPermalink





(1) IN GENERAL- In determining whether to carry out the land exchange under subsection (a), the Secretary shall--CommentsClose CommentsPermalink





(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); andCommentsClose CommentsPermalink





(B) except as provided in subsection (c), comply with any other applicable law (including regulations).CommentsClose CommentsPermalink





(2) ENVIRONMENTAL IMPACT STATEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 60 days after the date on which the Secretary receives notification under subsection (a), the Secretary shall initiate the preparation of an environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





(B) REQUIREMENTS- The environmental impact statement prepared under subparagraph (A) shall contain--CommentsClose CommentsPermalink





(i) an analysis of--CommentsClose CommentsPermalink





(I) the proposed land exchange; andCommentsClose CommentsPermalink





(II) the potential construction and operation of a road between the communities of King Cove and Cold Bay, Alaska; andCommentsClose CommentsPermalink





(ii) an evaluation of a specific road corridor through the Refuge that is identified in consultation with the State, the City of King Cove, Alaska, and the Tribe.CommentsClose CommentsPermalink





(3) COOPERATING AGENCIES-CommentsClose CommentsPermalink





(A) IN GENERAL- During the preparation of the environmental impact statement under paragraph (2), each entity described in subparagraph (B) may participate as a cooperating agency.CommentsClose CommentsPermalink





(B) AUTHORIZED ENTITIES- An authorized entity may include--CommentsClose CommentsPermalink





(i) any Federal agency that has permitting jurisdiction over the road described in paragraph (2)(B)(i)(II);CommentsClose CommentsPermalink





(ii) the State;CommentsClose CommentsPermalink





(iii) the Aleutians East Borough of the State;CommentsClose CommentsPermalink





(iv) the City of King Cove, Alaska;CommentsClose CommentsPermalink





(v) the Tribe; andCommentsClose CommentsPermalink





(vi) the Alaska Migratory Bird Co-Management Council.CommentsClose CommentsPermalink





(c) Valuation- The conveyance of the Federal land and non-Federal land under this section shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land.CommentsClose CommentsPermalink





(d) Public Interest Determination-CommentsClose CommentsPermalink





(1) CONDITIONS FOR LAND EXCHANGE- Subject to paragraph (2), to carry out the land exchange under subsection (a), the Secretary shall determine that the land exchange (including the construction of a road between the City of King Cove, Alaska, and the Cold Bay Airport) is in the public interest.CommentsClose CommentsPermalink





(2) LIMITATION OF AUTHORITY OF SECRETARY- The Secretary may not, as a condition for a finding that the land exchange is in the public interest--CommentsClose CommentsPermalink





(A) require the State or the Corporation to convey additional land to the United States; orCommentsClose CommentsPermalink





(B) impose any restriction on the subsistence uses (as defined in section 803 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3113)) of waterfowl by rural residents of the State.CommentsClose CommentsPermalink





(e) Kinzaroff Lagoon- The land exchange under subsection (a) shall not be carried out before the date on which the parcel of land owned by the State that is located in the Kinzaroff Lagoon has been designated by the State as a State refuge, in accordance with the applicable laws (including regulations) of the State.CommentsClose CommentsPermalink





(f) Designation of Road Corridor- In designating the road corridor described in subsection (b)(2)(B)(ii), the Secretary shall--CommentsClose CommentsPermalink





(1) minimize the adverse impact of the road corridor on the Refuge;CommentsClose CommentsPermalink





(2) transfer the minimum acreage of Federal land that is required for the construction of the road corridor; andCommentsClose CommentsPermalink





(3) to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of this Act.CommentsClose CommentsPermalink





(g) Additional Terms and Conditions- The land exchange under subsection (a) shall be subject to any other term or condition that the Secretary determines to be necessary.CommentsClose CommentsPermalink

SEC. 6403. KING COVE ROAD.

(a) Requirements Relating to Use, Barrier Cables, and Dimensions-CommentsClose CommentsPermalink





(1) LIMITATIONS ON USE-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), any portion of the road constructed on the Federal land conveyed pursuant to this subtitle shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes.CommentsClose CommentsPermalink





(B) EXCEPTIONS- Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A).CommentsClose CommentsPermalink





(C) REQUIREMENT OF AGREEMENT- The limitations of the use of the road described in this paragraph shall be enforced in accordance with an agreement entered into between the Secretary and the State.CommentsClose CommentsPermalink





(2) REQUIREMENT OF BARRIER CABLE- The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled ‘Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision’ and dated January 22, 2004, unless a different type barrier is required as a mitigation measure in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2).CommentsClose CommentsPermalink





(3) REQUIRED DIMENSIONS AND DESIGN FEATURES- The road described in paragraph (1)(A) shall--CommentsClose CommentsPermalink





(A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State;CommentsClose CommentsPermalink





(B) be constructed with gravel;CommentsClose CommentsPermalink





(C) be constructed to comply with any specific design features identified in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) as Mitigation Measures relative to the passage and migration of wildlife, and also the exchange of tidal flows, where applicable, in accordance with applicable Federal and State design standards; andCommentsClose CommentsPermalink





(D) if determined to be necessary, be constructed to include appropriate safety pullouts.CommentsClose CommentsPermalink





(b) Support Facilities- Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge.CommentsClose CommentsPermalink





(c) Federal Permits- It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit.CommentsClose CommentsPermalink





(d) Applicable Law- Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3170).CommentsClose CommentsPermalink





(e) Mitigation Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Based on the evaluation of impacts determined through the completion of the environmental impact statement under section 6402(b)(2), the Secretary, in consultation with the entities described in section 6402(b)(3)(B), shall develop an enforceable mitigation plan.CommentsClose CommentsPermalink





(2) CORRECTIVE MODIFICATIONS- The Secretary may make corrective modifications to the mitigation plan developed under paragraph (1) if--CommentsClose CommentsPermalink





(A) the mitigation standards required under the mitigation plan are maintained; andCommentsClose CommentsPermalink





(B) the Secretary provides an opportunity for public comment with respect to any proposed corrective modification.CommentsClose CommentsPermalink





(3) AVOIDANCE OF WILDLIFE IMPACTS- Road construction shall adhere to any specific mitigation measures included in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) that--CommentsClose CommentsPermalink





(A) identify critical periods during the calendar year when the refuge is utilized by wildlife, especially migratory birds; andCommentsClose CommentsPermalink





(B) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods in order to minimize impacts to wildlife, andCommentsClose CommentsPermalink





(C) allow for the timely construction of the road.CommentsClose CommentsPermalink





(4) MITIGATION OF WETLAND LOSS- The plan developed under this subsection shall comply with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and shall evaluate mitigating effect of those wetlands transferred in Federal ownership under the provisions of this subtitle.CommentsClose CommentsPermalink

SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.

(1) FEDERAL LAND- Upon completion of the land exchange under section 6402(a)--CommentsClose CommentsPermalink





(A) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; andCommentsClose CommentsPermalink





(B) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal.CommentsClose CommentsPermalink





(2) NON-FEDERAL LAND- Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be--CommentsClose CommentsPermalink





(A) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; andCommentsClose CommentsPermalink





(B) administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System.CommentsClose CommentsPermalink





(3) WILDERNESS ADDITIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to--CommentsClose CommentsPermalink





(i) the Izembek National Wildlife Refuge Wilderness; orCommentsClose CommentsPermalink





(ii) the Alaska Peninsula National Wildlife Refuge Wilderness.CommentsClose CommentsPermalink





(B) ADMINISTRATION- The land added as wilderness under subparagraph (A) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws (including regulations).CommentsClose CommentsPermalink

SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.

(a) Notification to Void Land Exchange- If the Secretary, the State, and the Corporation enter into the land exchange authorized under section 6402(a), the State or the Corporation may notify the Secretary in writing of the intention of the State or Corporation to void the exchange if construction of the road through the Refuge has not begun.CommentsClose CommentsPermalink





(b) Disposition of Land Exchange- Upon the latter of the date on which the Secretary receives a request under subsection (a), and the date on which the Secretary determines that the Federal land conveyed under the land exchange under section 6402(a) has not been adversely impacted (other than any nominal impact associated with the preparation of an environmental impact statement under section 6402(b)(2)), the land exchange shall be null and void.CommentsClose CommentsPermalink





(c) Return of Prior Ownership Status of Federal and Non-Federal Land- If the land exchange is voided under subsection (b)--CommentsClose CommentsPermalink





(1) the Federal land and non-Federal land shall be returned to the respective ownership status of each land prior to the land exchange;CommentsClose CommentsPermalink





(2) the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness; andCommentsClose CommentsPermalink





(3) each selection of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that was relinquished under this subtitle shall be reinstated.CommentsClose CommentsPermalink

SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.

(a) In General- Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of this subtitle unless a construction permit has been issued during that period.CommentsClose CommentsPermalink





(b) Extension of Authority- If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit.CommentsClose CommentsPermalink





(c) Extension of Authority as Result of Legal Challenges-CommentsClose CommentsPermalink





(1) IN GENERAL- Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the land exchange or construction of the road (including a challenge to the NEPA process, decisions, or any required permit process required to complete construction of the road), the 7-year deadline or the five-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process.CommentsClose CommentsPermalink





(2) INJUNCTION- After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to time period that the injunction is in effect.CommentsClose CommentsPermalink





(d) Applicability of Section 6405- Upon the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405.CommentsClose CommentsPermalink

Subtitle F--Wolf Livestock Loss Demonstration ProjectCommentsClose CommentsPermalink

SEC. 6501. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





(2) LIVESTOCK- The term ‘livestock’ means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other domestic animals, as determined by the Secretary.CommentsClose CommentsPermalink





(3) PROGRAM- The term ‘program’ means the demonstration program established under section 6502(a).CommentsClose CommentsPermalink





(4) SECRETARIES- The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.CommentsClose CommentsPermalink

SEC. 6502. WOLF COMPENSATION AND PREVENTION PROGRAM.

(a) In General- The Secretaries shall establish a 5-year demonstration program to provide grants to States and Indian tribes--CommentsClose CommentsPermalink





(1) to assist livestock producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by wolves; andCommentsClose CommentsPermalink





(2) to compensate livestock producers for livestock losses due to such predation.CommentsClose CommentsPermalink





(b) Criteria and Requirements- The Secretaries shall--CommentsClose CommentsPermalink





(1) establish criteria and requirements to implement the program; andCommentsClose CommentsPermalink





(2) when promulgating regulations to implement the program under paragraph (1), consult with States that have implemented State programs that provide assistance to--CommentsClose CommentsPermalink





(A) livestock producers to undertake proactive activities to reduce the risk of livestock loss due to predation by wolves; orCommentsClose CommentsPermalink





(B) provide compensation to livestock producers for livestock losses due to such predation.CommentsClose CommentsPermalink





(c) Eligibility- To be eligible to receive a grant under subsection (a), a State or Indian tribe shall--CommentsClose CommentsPermalink





(1) designate an appropriate agency of the State or Indian tribe to administer the 1 or more programs funded by the grant;CommentsClose CommentsPermalink





(2) establish 1 or more accounts to receive grant funds;CommentsClose CommentsPermalink





(3) maintain files of all claims received under programs funded by the grant, including supporting documentation;CommentsClose CommentsPermalink





(4) submit to the Secretary--CommentsClose CommentsPermalink





(A) annual reports that include--CommentsClose CommentsPermalink





(i) a summary of claims and expenditures under the program during the year; andCommentsClose CommentsPermalink





(ii) a description of any action taken on the claims; andCommentsClose CommentsPermalink





(B) such other reports as the Secretary may require to assist the Secretary in determining the effectiveness of activities provided assistance under this section; andCommentsClose CommentsPermalink





(5) promulgate rules for reimbursing livestock producers under the program.CommentsClose CommentsPermalink





(d) Allocation of Funding- The Secretaries shall allocate funding made available to carry out this subtitle--CommentsClose CommentsPermalink





(1) equally between the uses identified in paragraphs (1) and (2) of subsection (a); andCommentsClose CommentsPermalink





(2) among States and Indian tribes based on--CommentsClose CommentsPermalink





(A) the level of livestock predation in the State or on the land owned by, or held in trust for the benefit of, the Indian tribe;CommentsClose CommentsPermalink





(B) whether the State or Indian tribe is located in a geographical area that is at high risk for livestock predation; orCommentsClose CommentsPermalink





(C) any other factors that the Secretaries determine are appropriate.CommentsClose CommentsPermalink





(e) Eligible Land- Activities and losses described in subsection (a) may occur on Federal, State, or private land, or land owned by, or held in trust for the benefit of, an Indian tribe.CommentsClose CommentsPermalink





(f) Federal Cost Share- The Federal share of the cost of any activity provided assistance made available under this subtitle shall not exceed 50 percent of the total cost of the activity.CommentsClose CommentsPermalink

SEC. 6503. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this subtitle $1,000,000 for fiscal year 2009 and each fiscal year thereafter.CommentsClose CommentsPermalink

TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONSCommentsClose CommentsPermalink

Subtitle A--Additions to the National Park SystemCommentsClose CommentsPermalink

SEC. 7001. 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 (16 U.S.C. 1 et seq.); andCommentsClose CommentsPermalink





(ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).CommentsClose CommentsPermalink





(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 Public Law 91-383 (commonly known as the ‘National Park Service General Authorities Act’) (16 U.S.C. 1a-7(b)); andCommentsClose CommentsPermalink





(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 appointed after consideration of recommendations submitted by the City Council of Paterson, New Jersey;CommentsClose CommentsPermalink





(iii) 1 member shall be appointed 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. 7002. 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 (16 U.S.C. 1-4), and the Act entitled ‘An Act to provide for the preservation of historic American sites, buildings, objects and antiquities of national significance, and for other purposes’, approved August 21, 1935 (16 U.S.C. 461 et seq.).CommentsClose CommentsPermalink

SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- If Monroe County or Wayne County, Michigan, or other willing landowners in either County offer to donate to the United States land relating to the Battles of the River Raisin on January 18 and 22, 1813, or the aftermath of the battles, the Secretary of the Interior (referred to in this section as the ‘Secretary’) shall accept the donated land.CommentsClose CommentsPermalink





(2) DESIGNATION OF PARK- On the acquisition of land under paragraph (1) that is of sufficient acreage to permit efficient administration, the Secretary shall designate the acquired land as a unit of the National Park System, to be known as the ‘River Raisin National Battlefield Park’ (referred to in this section as the ‘Park’).CommentsClose CommentsPermalink





(3) LEGAL DESCRIPTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall prepare a legal description of the land and interests in land designated as the Park by paragraph (2).CommentsClose CommentsPermalink





(B) AVAILABILITY OF MAP AND LEGAL DESCRIPTION- A map with the legal description shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink





(b) Administration-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall manage the Park for the purpose of preserving and interpreting the Battles of the River Raisin in accordance with the National Park Service Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C. 461 et seq.).CommentsClose CommentsPermalink





(2) GENERAL MANAGEMENT PLAN-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 3 years after the date on which funds are made available, the Secretary shall complete a general management plan for the Park that, among other things, defines the role and responsibility of the Secretary with regard to the interpretation and the preservation of the site.CommentsClose CommentsPermalink





(B) CONSULTATION- The Secretary shall consult with and solicit advice and recommendations from State, county, local, and civic organizations and leaders, and other interested parties in the preparation of the management plan.CommentsClose CommentsPermalink





(C) INCLUSIONS- The plan shall include--CommentsClose CommentsPermalink





(i) consideration of opportunities for involvement by and support for the Park by State, county, and local governmental entities and nonprofit organizations and other interested parties; andCommentsClose CommentsPermalink





(ii) steps for the preservation of the resources of the site and the costs associated with these efforts.CommentsClose CommentsPermalink





(D) SUBMISSION TO CONGRESS- On the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink





(3) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with State, county, local, and civic organizations to carry out this section.CommentsClose CommentsPermalink





(c) Report- Not later than 3 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 Natural Resources of the House a report describing the progress made with respect to acquiring real property under this section and designating the River Raisin National Battlefield Park.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

Subtitle B--Amendments to Existing Units of the National Park SystemCommentsClose CommentsPermalink

SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.

(a) Acquisition of Property- Section 4 of Public Law 102-543 (16 U.S.C. 410yy-3) is amended by striking subsection (d).CommentsClose CommentsPermalink





(b) Matching Funds- Section 8(b) of Public Law 102-543 (16 U.S.C. 410yy-7(b)) is amended by striking ‘$4’ and inserting ‘$1’.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- Section 10 of Public Law 102-543 (16 U.S.C. 410yy-9) is amended--CommentsClose CommentsPermalink





(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. 7102. 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 (16 U.S.C. 461 note) is amended--CommentsClose CommentsPermalink





(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. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY EXPANSION.

Section 2 of the Little River Canyon National Preserve Act of 1992 (16 U.S.C. 698q) is amended--CommentsClose CommentsPermalink





(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. 7104. 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. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT.

(a) In General- Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence by striking ‘of approximately twenty thousand acres generally depicted on the map entitled ‘Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve’ numbered 90,000B and dated April 1978,’ and inserting ‘generally depicted on the map entitled ‘Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve’, numbered 467/80100A, and dated December 2007,’.CommentsClose CommentsPermalink





(b) Acquisition of Land- Section 902 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended--CommentsClose CommentsPermalink





(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) 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





‘(C) TRANSFER OF ADMINISTRATION JURISDICTION- Effective on the date of enactment of the Omnibus Public Land Management Act of 2009, 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





(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 (16 U.S.C. 230b) is amended in the fifth sentence by inserting ‘(or January 1, 2007, for areas added to the park after that date)’ after ‘January 1, 1977’.CommentsClose CommentsPermalink





(d) Hunting, Fishing, and Trapping- Section 905 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the first sentence by striking ‘, except that within the core area and on those lands acquired by the Secretary pursuant to section 902(c) of this title, he’ and inserting ‘on land, and interests in land and water managed by the Secretary, except that the Secretary’.CommentsClose CommentsPermalink





(e) Administration- Section 906 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230e) is amended--CommentsClose CommentsPermalink





(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 (16 U.S.C. 230 et seq.) is amended--CommentsClose CommentsPermalink





(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. 7106. 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. 7107. EVERGLADES NATIONAL PARK.

(a) Inclusion of Tarpon Basin Property-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) 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





(B) MAP- The term ‘map’ means the map entitled ‘Proposed Tarpon Basin Boundary Revision’, numbered 160/80,012, and dated May 2008.CommentsClose CommentsPermalink





(C) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(D) TARPON BASIN PROPERTY- The term ‘Tarpon Basin property’ means land that--CommentsClose CommentsPermalink





(i) is comprised of approximately 600 acres of land and water surrounding Hurricane Hole, as generally depicted on the map; andCommentsClose CommentsPermalink





(ii) is located in South Key Largo.CommentsClose CommentsPermalink





(2) BOUNDARY REVISION-CommentsClose CommentsPermalink





(A) IN GENERAL- The boundary of the Everglades National Park is adjusted to include the Tarpon Basin property.CommentsClose CommentsPermalink





(B) 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





(C) 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





(D) 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





(3) 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





(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this subsection.CommentsClose CommentsPermalink





(b) Land Exchanges-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) COMPANY- The term ‘Company’ means Florida Power & Light Company.CommentsClose CommentsPermalink





(B) FEDERAL LAND- The term ‘Federal Land’ means the parcels of land that are--CommentsClose CommentsPermalink





(i) owned by the United States;CommentsClose CommentsPermalink





(ii) administered by the Secretary;CommentsClose CommentsPermalink





(iii) located within the National Park; andCommentsClose CommentsPermalink





(iv) generally depicted on the map as--CommentsClose CommentsPermalink





(I) Tract A, which is adjacent to the Tamiami Trail, U.S. Rt. 41; andCommentsClose CommentsPermalink





(II) Tract B, which is located on the eastern boundary of the National Park.CommentsClose CommentsPermalink





(C) MAP- The term ‘map’ means the map prepared by the National Park Service, entitled ‘Proposed Land Exchanges, Everglades National Park’, numbered 160/60411A, and dated September 2008.CommentsClose CommentsPermalink





(D) NATIONAL PARK- The term ‘National Park’ means the Everglades National Park located in the State.CommentsClose CommentsPermalink





(E) NON-FEDERAL LAND- The term ‘non-Federal land’ means the land in the State that--CommentsClose CommentsPermalink





(i) is owned by the State, the specific area and location of which shall be determined by the State; orCommentsClose CommentsPermalink





(ii)(I) is owned by the Company;CommentsClose CommentsPermalink





(II) comprises approximately 320 acres; andCommentsClose CommentsPermalink





(III) is located within the East Everglades Acquisition Area, as generally depicted on the map as ‘Tract D’.CommentsClose CommentsPermalink





(F) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(G) STATE- The term ‘State’ means the State of Florida and political subdivisions of the State, including the South Florida Water Management District.CommentsClose CommentsPermalink





(2) LAND EXCHANGE WITH STATE-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to the provisions of this paragraph, if the State offers to convey to the Secretary all right, title, and interest of the State in and to specific parcels of non-Federal land, and the offer is acceptable to the Secretary, the Secretary may, subject to valid existing rights, accept the offer and convey to the State all right, title, and interest of the United States in and to the Federal land generally depicted on the map as ‘Tract A’.CommentsClose CommentsPermalink





(B) CONDITIONS- The land exchange under subparagraph (A) shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink





(C) VALUATION-CommentsClose CommentsPermalink





(i) IN GENERAL- The values of the land involved in the land exchange under subparagraph (A) shall be equal.CommentsClose CommentsPermalink





(ii) EQUALIZATION- If the values of the land are not equal, the values may be equalized by donation, payment using donated or appropriated funds, or the conveyance of additional parcels of land.CommentsClose CommentsPermalink





(D) APPRAISALS- Before the exchange of land under subparagraph (A), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink





(E) TECHNICAL CORRECTIONS- Subject to the agreement of the State, the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land and minor adjustments to the boundaries of the Federal and non-Federal land.CommentsClose CommentsPermalink





(F) ADMINISTRATION OF LAND ACQUIRED BY SECRETARY- Land acquired by the Secretary under subparagraph (A) shall--CommentsClose CommentsPermalink





(i) become part of the National Park; andCommentsClose CommentsPermalink





(ii) be administered in accordance with the laws applicable to the National Park System.CommentsClose CommentsPermalink





(3) LAND EXCHANGE WITH COMPANY-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to the provisions of this paragraph, if the Company offers to convey to the Secretary all right, title, and interest of the Company in and to the non-Federal land generally depicted on the map as ‘Tract D’, and the offer is acceptable to the Secretary, the Secretary may, subject to valid existing rights, accept the offer and convey to the Company all right, title, and interest of the United States in and to the Federal land generally depicted on the map as ‘Tract B’, along with a perpetual easement on a corridor of land contiguous to Tract B for the purpose of vegetation management.CommentsClose CommentsPermalink





(B) CONDITIONS- The land exchange under subparagraph (A) shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink





(C) VALUATION-CommentsClose CommentsPermalink





(i) IN GENERAL- The values of the land involved in the land exchange under subparagraph (A) shall be equal unless the non-Federal land is of higher value than the Federal land.CommentsClose CommentsPermalink





(ii) EQUALIZATION- If the values of the land are not equal, the values may be equalized by donation, payment using donated or appropriated funds, or the conveyance of additional parcels of land.CommentsClose CommentsPermalink





(D) APPRAISAL- Before the exchange of land under subparagraph (A), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink





(E) TECHNICAL CORRECTIONS- Subject to the agreement of the Company, the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land and minor adjustments to the boundaries of the Federal and non-Federal land.CommentsClose CommentsPermalink





(F) ADMINISTRATION OF LAND ACQUIRED BY SECRETARY- Land acquired by the Secretary under subparagraph (A) shall--CommentsClose CommentsPermalink





(i) become part of the National Park; andCommentsClose CommentsPermalink





(ii) be administered in accordance with the laws applicable to the National Park System.CommentsClose CommentsPermalink





(4) MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink





(5) BOUNDARY REVISION- On completion of the land exchanges authorized by this subsection, the Secretary shall adjust the boundary of the National Park accordingly, including removing the land conveyed out of Federal ownership.CommentsClose CommentsPermalink

SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK.

(a) In General- The Secretary of the 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. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.

(a) Cooperative Agreements- Section 1029(d) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(d)) is amended by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(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 (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking ‘Coast Guard’ and inserting ‘Coast Guard.’.CommentsClose CommentsPermalink





(2) DONATIONS- Section 1029(e)(11) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(11)) is amended by striking ‘Nothwithstanding’ and inserting ‘Notwithstanding’.CommentsClose CommentsPermalink

SEC. 7110. 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; 16 U.S.C. 1 et seq.) and ‘An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes,’ approved August 21, 1935 (16 U.S.C. 461 et seq.).CommentsClose CommentsPermalink





(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- Public Law 87-628 (76 Stat. 428), regarding the establishment and administration of the Edison National Historic Site, is repealed.CommentsClose CommentsPermalink





(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

SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK.

(a) Votes for Women Trail- Title XVI of Public Law 96-607 (16 U.S.C. 410ll) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 1602. VOTES FOR WOMEN TRAIL.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) PARK- The term ‘Park’ means the Women’s Rights National Historical Park established by section 1601.CommentsClose CommentsPermalink





‘(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the National Park Service.CommentsClose CommentsPermalink





‘(3) STATE- The term ‘State’ means the State of New York.CommentsClose CommentsPermalink





‘(4) TRAIL- The term ‘Trail’ means the Votes for Women History Trail Route designated under subsection (b).CommentsClose CommentsPermalink





‘(b) Establishment of Trail Route- The Secretary, with concurrence of the agency having jurisdiction over the relevant roads, may designate a vehicular tour route, to be known as the ‘Votes for Women History Trail Route’, to link properties in the State that are historically and thematically associated with the struggle for women’s suffrage in the United States.CommentsClose CommentsPermalink





‘(c) Administration- The Trail shall be administered by the National Park Service through the Park.CommentsClose CommentsPermalink





‘(d) Activities- To facilitate the establishment of the Trail and the dissemination of information regarding the Trail, the Secretary shall--CommentsClose CommentsPermalink





‘(1) produce and disseminate appropriate educational materials regarding the Trail, such as handbooks, maps, exhibits, signs, interpretive guides, and electronic information;CommentsClose CommentsPermalink





‘(2) coordinate the management, planning, and standards of the Trail in partnership with participating properties, other Federal agencies, and State and local governments;CommentsClose CommentsPermalink





‘(3) create and adopt an official, uniform symbol or device to mark the Trail; andCommentsClose CommentsPermalink





‘(4) issue guidelines for the use of the symbol or device adopted under paragraph (3).CommentsClose CommentsPermalink





‘(e) Elements of Trail Route- Subject to the consent of the owner of the property, the Secretary may designate as an official stop on the Trail--CommentsClose CommentsPermalink





‘(1) all units and programs of the Park relating to the struggle for women’s suffrage;CommentsClose CommentsPermalink





‘(2) other Federal, State, local, and privately owned properties that the Secretary determines have a verifiable connection to the struggle for women’s suffrage; andCommentsClose CommentsPermalink





‘(3) other governmental and nongovernmental facilities and programs of an educational, commemorative, research, or interpretive nature that the Secretary determines to be directly related to the struggle for women’s suffrage.CommentsClose CommentsPermalink





‘(f) Cooperative Agreements and Memoranda of Understanding-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To facilitate the establishment of the Trail and to ensure effective coordination of the Federal and non-Federal properties designated as stops along the Trail, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical and financial assistance to, other Federal agencies, the State, localities, regional governmental bodies, and private entities.CommentsClose CommentsPermalink





‘(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary such sums as are necessary for the period of fiscal years 2009 through 2013 to provide financial assistance to cooperating entities pursuant to agreements or memoranda entered into under paragraph (1).’.CommentsClose CommentsPermalink





(b) National Women’s Rights History Project National Registry-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of the Interior (referred to in this section as the ‘Secretary’) may make annual grants to State historic preservation offices for not more than 5 years to assist the State historic preservation offices in surveying, evaluating, and nominating to the National Register of Historic Places women’s rights history properties.CommentsClose CommentsPermalink





(2) ELIGIBILITY- In making grants under paragraph (1), the Secretary shall give priority to grants relating to properties associated with the multiple facets of the women’s rights movement, such as politics, economics, education, religion, and social and family rights.CommentsClose CommentsPermalink





(3) UPDATES- The Secretary shall ensure that the National Register travel itinerary website entitled ‘Places Where Women Made History’ is updated to contain--CommentsClose CommentsPermalink





(A) the results of the inventory conducted under paragraph (1); andCommentsClose CommentsPermalink





(B) any links to websites related to places on the inventory.CommentsClose CommentsPermalink





(4) COST-SHARING REQUIREMENT- The Federal share of the cost of any activity carried out using any assistance made available under this subsection shall be 50 percent.CommentsClose CommentsPermalink





(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to carry out this subsection $1,000,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink





(c) National Women’s Rights History Project Partnerships Network-CommentsClose CommentsPermalink





(1) GRANTS- The Secretary may make matching grants and give technical assistance for development of a network of governmental and nongovernmental entities (referred to in this subsection as the ‘network’), the purpose of which is to provide interpretive and educational program development of national women’s rights history, including historic preservation.CommentsClose CommentsPermalink





(2) MANAGEMENT OF NETWORK-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall, through a competitive process, designate a nongovernmental managing network to manage the network.CommentsClose CommentsPermalink





(B) COORDINATION- The nongovernmental managing entity designated under subparagraph (A) shall work in partnership with the Director of the National Park Service and State historic preservation offices to coordinate operation of the network.CommentsClose CommentsPermalink





(3) COST-SHARING REQUIREMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Federal share of the cost of any activity carried out using any assistance made available under this subsection shall be 50 percent.CommentsClose CommentsPermalink





(B) STATE HISTORIC PRESERVATION OFFICES- Matching grants for historic preservation specific to the network may be made available through State historic preservation offices.CommentsClose CommentsPermalink





(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to carry out this subsection $1,000,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink

SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) HISTORIC SITE- The term ‘historic site’ means the Martin Van Buren National Historic Site in the State of New York established by Public Law 93-486 (16 U.S.C. 461 note) on October 26, 1974.CommentsClose CommentsPermalink





(2) MAP- The term ‘map’ means the map entitled ‘Boundary Map, Martin Van Buren National Historic Site’, numbered ‘460/80801’, and dated January 2005.CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(b) Boundary Adjustments to the Historic Site-CommentsClose CommentsPermalink





(1) BOUNDARY ADJUSTMENT- The boundary of the historic site is adjusted to include approximately 261 acres of land identified as the ‘PROPOSED PARK BOUNDARY’, as generally depicted on the map.CommentsClose CommentsPermalink





(2) ACQUISITION AUTHORITY- The Secretary may acquire the land and any interests in the land described in paragraph (1) from willing sellers by donation, purchase with donated or appropriated funds, or exchange.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 acquired for the historic site under this section shall be administered as part of the historic site in accordance with applicable law (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. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.

(a) Designation of Palo Alto Battlefield National Historical Park-CommentsClose CommentsPermalink





(1) IN GENERAL- The Palo Alto Battlefield National Historic Site shall be known and designated as the ‘Palo Alto Battlefield National Historical Park’.CommentsClose CommentsPermalink





(2) REFERENCES- Any reference in a law, map, regulation, document, paper, or other record of the United States to the historic site referred to in subsection (a) shall be deemed to be a reference to the Palo Alto Battlefield National Historical Park.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENTS- The Palo Alto Battlefield National Historic Site Act of 1991 (16 U.S.C. 461 note; Public Law 102-304) is amended--CommentsClose CommentsPermalink





(A) by striking ‘National Historic Site’ each place it appears and inserting ‘National Historical Park’;CommentsClose CommentsPermalink





(B) in the heading for section 3, by striking ‘national historic site’ and inserting ‘national historical park’; andCommentsClose CommentsPermalink





(C) by striking ‘historic site’ each place it appears and inserting ‘historical park’.CommentsClose CommentsPermalink





(b) Boundary Expansion, Palo Alto Battlefield National Historical Park, Texas- Section 3(b) of the Palo Alto Battlefield National Historic Site Act of 1991 (16 U.S.C. 461 note; Public Law 102-304) (as amended by subsection (a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘(1) The historical park’ and inserting the following:CommentsClose CommentsPermalink





‘(1) IN GENERAL- The historical park’;CommentsClose CommentsPermalink





(2) by redesignating paragraph (2) as paragraph (3);CommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) ADDITIONAL LAND-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In addition to the land described in paragraph (1), the historical park shall consist of approximately 34 acres of land, as generally depicted on the map entitled ‘Palo Alto Battlefield NHS Proposed Boundary Expansion’, numbered 469/80,012, and dated May 21, 2008.CommentsClose CommentsPermalink





‘(B) AVAILABILITY OF MAP- The map described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service.’; andCommentsClose CommentsPermalink





(4) in paragraph (3) (as redesignated by paragraph (2))--CommentsClose CommentsPermalink





(A) by striking ‘(3) Within’ and inserting the following:CommentsClose CommentsPermalink





‘(3) LEGAL DESCRIPTION- Not later than’; andCommentsClose CommentsPermalink





(B) in the second sentence, by striking ‘map referred to in paragraph (1)’ and inserting ‘maps referred to in paragraphs (1) and (2)’.CommentsClose CommentsPermalink

SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL PARK.

(a) Designation- The Abraham Lincoln Birthplace National Historic Site in the State of Kentucky shall be known and designated as the ‘Abraham Lincoln Birthplace National Historical Park’.CommentsClose CommentsPermalink





(b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the Abraham Lincoln Birthplace National Historic Site shall be deemed to be a reference to the ‘Abraham Lincoln Birthplace National Historical Park’.CommentsClose CommentsPermalink

SEC. 7115. NEW RIVER GORGE NATIONAL RIVER.

Section 1106 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m-20) is amended in the first sentence by striking ‘may’ and inserting ‘shall’.CommentsClose CommentsPermalink

SEC. 7116. TECHNICAL CORRECTIONS.

(a) Gaylord Nelson Wilderness-CommentsClose CommentsPermalink





(1) REDESIGNATION- Section 140 of division E of the Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note; Public Law 108-447), is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘Gaylord A. Nelson’ and inserting ‘Gaylord Nelson’; andCommentsClose CommentsPermalink





(B) in subsection (c)(4), by striking ‘Gaylord A. Nelson Wilderness’ and inserting ‘Gaylord Nelson Wilderness’.CommentsClose CommentsPermalink





(2) REFERENCES- Any reference in a law, map, regulation, document, paper, or other record of the United States to the ‘Gaylord A. Nelson Wilderness’ shall be deemed to be a reference to the ‘Gaylord Nelson Wilderness’.CommentsClose CommentsPermalink





(b) Arlington House Land Transfer- Section 2863(h)(1) of Public Law 107-107 (115 Stat. 1333) is amended by striking ‘the George Washington Memorial Parkway’ and inserting ‘Arlington House, The Robert E. Lee Memorial,’.CommentsClose CommentsPermalink





(c) Cumberland Island Wilderness- Section 2(a)(1) of Public Law 97-250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by striking ‘numbered 640/20,038I, and dated September 2004’ and inserting ‘numbered 640/20,038K, and dated September 2005’.CommentsClose CommentsPermalink





(d) Petrified Forest Boundary- Section 2(1) of the Petrified Forest National Park Expansion Act of 2004 (16 U.S.C. 119 note; Public Law 108-430) is amended by striking ‘numbered 110/80,044, and dated July 2004’ and inserting ‘numbered 110/80,045, and dated January 2005’.CommentsClose CommentsPermalink





(e) Commemorative Works Act- Chapter 89 of title 40, United States Code, is amended--CommentsClose CommentsPermalink





(1) in section 8903(d), by inserting ‘Natural’ before ‘Resources’;CommentsClose CommentsPermalink





(2) in section 8904(b), by inserting ‘Advisory’ before ‘Commission’; andCommentsClose CommentsPermalink





(3) in section 8908(b)(1)--CommentsClose CommentsPermalink





(A) in the first sentence, by inserting ‘Advisory’ before ‘Commission’; andCommentsClose CommentsPermalink





(B) in the second sentence, by striking ‘House Administration’ and inserting ‘Natural Resources’.CommentsClose CommentsPermalink





(f) Captain John Smith Chesapeake National Historic Trail- Section 5(a)(25)(A) of the National Trails System Act (16 U.S.C. 1244(a)(25)(A)) is amended by striking ‘The John Smith’ and inserting ‘The Captain John Smith’.CommentsClose CommentsPermalink





(g) Delaware National Coastal Special Resource Study- Section 604 of the Delaware National Coastal Special Resources Study Act (Public Law 109-338; 120 Stat. 1856) is amended by striking ‘under section 605’.CommentsClose CommentsPermalink





(h) Use of Recreation Fees- Section 808(a)(1)(F) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807(a)(1)(F)) is amended by striking ‘section 6(a)’ and inserting ‘section 806(a)’.CommentsClose CommentsPermalink





(i) Crossroads of the American Revolution National Heritage Area- Section 297F(b)(2)(A) of the Crossroads of the American Revolution National Heritage Area Act of 2006 (Public Law 109-338; 120 Stat. 1844) is amended by inserting ‘duties’ before ‘of the’.CommentsClose CommentsPermalink





(j) Cuyahoga Valley National Park- Section 474(12) of the Consolidated Natural Resources Act of 2008 (Public Law 1110-229; 122 Stat. 827) is amended by striking ‘Cayohoga’ each place it appears and inserting ‘Cuyahoga’.CommentsClose CommentsPermalink





(k) Pennsylvania Avenue National Historic Site-CommentsClose CommentsPermalink





(1) NAME ON MAP- Section 313(d)(1)(B) of the Department of the Interior and Related Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-199; 40 U.S.C. 872 note) is amended by striking ‘map entitled ‘Pennsylvania Avenue National Historic Park’, dated June 1, 1995, and numbered 840-82441’ and inserting ‘map entitled ‘Pennsylvania Avenue National Historic Site’, dated August 25, 2008, and numbered 840-82441B’.CommentsClose CommentsPermalink





(2) REFERENCES- Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pennsylvania Avenue National Historic Park shall be deemed to be a reference to the ‘Pennsylvania Avenue National Historic Site’.CommentsClose CommentsPermalink

SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK, OHIO.

(a) Additional Areas Included in Park- Section 101 of the Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww, et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Additional Sites- In addition to the sites described in subsection (b), the park shall consist of the following sites, as generally depicted on a map titled ‘Dayton Aviation Heritage National Historical Park’, numbered 362/80,013 and dated May 2008:CommentsClose CommentsPermalink





‘(1) Hawthorn Hill, Oakwood, Ohio.CommentsClose CommentsPermalink





‘(2) The Wright Company factory and associated land and buildings, Dayton, Ohio.’.CommentsClose CommentsPermalink





(b) Protection of Historic Properties- Section 102 of the Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C. 410ww-1) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by inserting ‘Hawthorn Hill, the Wright Company factory,’ after ‘, acquire’;CommentsClose CommentsPermalink





(2) in subsection (b), by striking ‘Such agreements’ and inserting:CommentsClose CommentsPermalink





‘(d) Conditions- Cooperative agreements under this section’;CommentsClose CommentsPermalink





(3) by inserting before subsection (d) (as added by paragraph 2) the following:CommentsClose CommentsPermalink





‘(c) Cooperative Agreements- The Secretary is authorized to enter into a cooperative agreement with a partner or partners, including the Wright Family Foundation, to operate and provide programming for Hawthorn Hill and charge reasonable fees notwithstanding any other provision of law, which may be used to defray the costs of park operation and programming.’; andCommentsClose CommentsPermalink





(4) by striking ‘Commission’ and inserting ‘Aviation Heritage Foundation’.CommentsClose CommentsPermalink





(c) Grant Assistance- The Dayton Aviation Heritage Preservation Act of 1992, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (b) of section 108 as subsection (c); andCommentsClose CommentsPermalink





(2) by inserting after subsection (a) of section 108 the following new subsection:CommentsClose CommentsPermalink





‘(b) Grant Assistance- The Secretary is authorized to make grants to the parks’ partners, including the Aviation Trail, Inc., the Ohio Historical Society, and Dayton History, for projects not requiring Federal involvement other than providing financial assistance, subject to the availability of appropriations in advance identifying the specific partner grantee and the specific project. Projects funded through these grants shall be limited to construction and development on non-Federal property within the boundaries of the park. Any project funded by such a grant shall support the purposes of the park, shall be consistent with the park’s general management plan, and shall enhance public use and enjoyment of the park.’.CommentsClose CommentsPermalink





(d) National Aviation Heritage Area- Title V of division J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 461 note; Public Law 108-447), is amended--CommentsClose CommentsPermalink





(1) in section 503(3), by striking ‘104’ and inserting ‘504’;CommentsClose CommentsPermalink





(2) in section 503(4), by striking ‘106’ and inserting ‘506’;CommentsClose CommentsPermalink





(3) in section 504, by striking subsection (b)(2) and by redesignating subsection (b)(3) as subsection (b)(2); andCommentsClose CommentsPermalink





(4) in section 505(b)(1), by striking ‘106’ and inserting ‘506’.CommentsClose CommentsPermalink

SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE.

Public Law 87-213 (16 U.S.C. 461 note) is amended as follows:CommentsClose CommentsPermalink





(1) In the first section--CommentsClose CommentsPermalink





(A) by striking ‘the Secretary of the Interior’ and inserting ‘(a) The Secretary of the Interior’;CommentsClose CommentsPermalink





(B) by striking ‘476 acres’ and inserting ‘646 acres’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) The Secretary may acquire from willing sellers land comprising approximately 55 acres, as depicted on the map titled ‘Fort Davis Proposed Boundary Expansion’, numbered 418/80,045, and dated April 2008. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. Upon acquisition of the land, the land shall be incorporated into the Fort Davis National Historic Site.’.CommentsClose CommentsPermalink





(2) By repealing section 3.CommentsClose CommentsPermalink

Subtitle C--Special Resource StudiesCommentsClose CommentsPermalink

SEC. 7201. 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 Public Law 91-383 (16 U.S.C. 1a-5(c));CommentsClose CommentsPermalink





(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. 7202. 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 Public Law 91-383 (16 U.S.C. 1a-5).CommentsClose CommentsPermalink





(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. 7203. 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 Public Law 91-383 (16 U.S.C. 1a-5) shall apply to the study under paragraph (1).CommentsClose CommentsPermalink





(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. 7204. 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 Public Law 91-383 (16 U.S.C. 1a-5(c)).CommentsClose CommentsPermalink





(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. 7205. 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 Public Law 91-383 (16 U.S.C. 1a-5(c)).CommentsClose CommentsPermalink





(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on 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. 7206. 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 Public Law 91-383 (16 U.S.C. 1a-5(c)).CommentsClose CommentsPermalink





(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. 7207. 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 Public Law 91-383 (16 U.S.C. 1a-5(c)).CommentsClose CommentsPermalink





(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink





(1) the results of the study conducted under subsection (a); andCommentsClose CommentsPermalink





(2) any recommendations of the Secretary with respect to the birthplace site.CommentsClose CommentsPermalink

SEC. 7208. 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 Public Law 91-383 (16 U.S.C. 1a-5(c)).CommentsClose CommentsPermalink





(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink





(1) the results of the study conducted under subsection (a); andCommentsClose CommentsPermalink





(2) any recommendations of the Secretary with respect to the historic areas.CommentsClose CommentsPermalink

SEC. 7209. 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 Public Law 91-383 (16 U.S.C. 1a-5(c)) or section 5(b) of the National Trails System Act (16 U.S.C. 1244(b)), as appropriate.CommentsClose CommentsPermalink





(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink





(1) the results of the study conducted under subsection (a); andCommentsClose CommentsPermalink





(2) any recommendations of the Secretary with respect to the route.CommentsClose CommentsPermalink

SEC. 7210. COLD WAR SITES THEME STUDY.

(a) Definitions-CommentsClose CommentsPermalink





(1) ADVISORY COMMITTEE- The term ‘Advisory Committee’ means the Cold War Advisory Committee established under subsection (c).CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(3) THEME STUDY- The term ‘theme study’ means the national historic landmark theme study conducted under subsection (b)(1).CommentsClose CommentsPermalink





(b) Cold War Theme Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall conduct a national historic landmark theme study to identify sites and resources in the United States that are significant to the Cold War.CommentsClose CommentsPermalink





(2) RESOURCES- In conducting the theme study, the Secretary shall consider--CommentsClose CommentsPermalink





(A) the inventory of sites and resources associated with the Cold War completed by the Secretary of Defense under section 8120(b)(9) of the Department of Defense Appropriations Act, 1991 (Public Law 101-511; 104 Stat. 1906); andCommentsClose CommentsPermalink





(B) historical studies and research of Cold War sites and resources, including--CommentsClose CommentsPermalink





(i) intercontinental ballistic missiles;CommentsClose CommentsPermalink





(ii) flight training centers;CommentsClose CommentsPermalink





(iii) manufacturing facilities;CommentsClose CommentsPermalink





(iv) communications and command centers (such as Cheyenne Mountain, Colorado);CommentsClose CommentsPermalink





(v) defensive radar networks (such as the Distant Early Warning Line);CommentsClose CommentsPermalink





(vi) nuclear weapons test sites (such as the Nevada test site); andCommentsClose CommentsPermalink





(vii) strategic and tactical aircraft.CommentsClose CommentsPermalink





(3) CONTENTS- The theme study shall include--CommentsClose CommentsPermalink





(A) recommendations for commemorating and interpreting sites and resources identified by the theme study, including--CommentsClose CommentsPermalink





(i) sites for which studies for potential inclusion in the National Park System should be authorized;CommentsClose CommentsPermalink





(ii) sites for which new national historic landmarks should be nominated; andCommentsClose CommentsPermalink





(iii) other appropriate designations;CommentsClose CommentsPermalink





(B) recommendations for cooperative agreements with--CommentsClose CommentsPermalink





(i) State and local governments;CommentsClose CommentsPermalink





(ii) local historical organizations; andCommentsClose CommentsPermalink





(iii) other appropriate entities; andCommentsClose CommentsPermalink





(C) an estimate of the amount required to carry out the recommendations under subparagraphs (A) and (B).CommentsClose CommentsPermalink





(4) CONSULTATION- In conducting the theme study, the Secretary shall consult with--CommentsClose CommentsPermalink





(A) the Secretary of the Air Force;CommentsClose CommentsPermalink





(B) State and local officials;CommentsClose CommentsPermalink





(C) State historic preservation offices; andCommentsClose CommentsPermalink





(D) other interested organizations and individuals.CommentsClose CommentsPermalink





(5) 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 the findings, conclusions, and recommendations of the theme study.CommentsClose CommentsPermalink





(c) Cold War Advisory Committee-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- As soon as practicable after funds are made available to carry out this section, the Secretary shall establish an advisory committee, to be known as the ‘Cold War Advisory Committee’, to assist the Secretary in carrying out this section.CommentsClose CommentsPermalink





(2) COMPOSITION- The Advisory Committee shall be composed of 9 members, to be appointed by the Secretary, of whom--CommentsClose CommentsPermalink





(A) 3 shall have expertise in Cold War history;CommentsClose CommentsPermalink





(B) 2 shall have expertise in historic preservation;CommentsClose CommentsPermalink





(C) 1 shall have expertise in the history of the United States; andCommentsClose CommentsPermalink





(D) 3 shall represent the general public.CommentsClose CommentsPermalink





(3) CHAIRPERSON- The Advisory Committee shall select a chairperson from among the members of the Advisory Committee.CommentsClose CommentsPermalink





(4) COMPENSATION- A member of the Advisory Committee shall serve without compensation but may be reimbursed by the Secretary for expenses reasonably incurred in the performance of the duties of the Advisory Committee.CommentsClose CommentsPermalink





(5) MEETINGS- On at least 3 occasions, the Secretary (or a designee) shall meet and consult with the Advisory Committee on matters relating to the theme study.CommentsClose CommentsPermalink





(d) Interpretive Handbook on the Cold War- Not later than 4 years after the date on which funds are made available to carry out this section, the Secretary shall--CommentsClose CommentsPermalink





(1) prepare and publish an interpretive handbook on the Cold War; andCommentsClose CommentsPermalink





(2) disseminate information in the theme study by other appropriate means.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $500,000.CommentsClose CommentsPermalink

SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA.

(a) In General- The Secretary shall complete a special resource study of the site of the Battle of Camden fought in South Carolina on August 16, 1780, and the site of Historic Camden, which is a National Park System Affiliated Area, to determine--CommentsClose CommentsPermalink





(1) the suitability and feasibility of designating the sites as a unit or units of the National Park System; andCommentsClose CommentsPermalink





(2) the methods and means for the protection and interpretation of these sites by the National Park Service, other Federal, State, or local government entities or private or non-profit organizations.CommentsClose CommentsPermalink





(b) Study Requirements- The Secretary shall conduct the study in accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).CommentsClose CommentsPermalink





(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink





(1) the results of the study; andCommentsClose CommentsPermalink





(2) any recommendations of the Secretary.CommentsClose CommentsPermalink

SEC. 7212. FORT SAN GERONIMO, PUERTO RICO.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) FORT SAN GERONIMO- The term ‘Fort San Geronimo’ (also known as ‘Fortin de San Geronimo del Boqueron’) means the fort and grounds listed on the National Register of Historic Places and located near Old San Juan, Puerto Rico.CommentsClose CommentsPermalink





(2) RELATED RESOURCES- The term ‘related resources’ means other parts of the fortification system of old San Juan that are not included within the boundary of San Juan National Historic Site, such as sections of the City Wall or other fortifications.CommentsClose CommentsPermalink





(b) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall complete a special resource study of Fort San Geronimo and other related resources, to determine--CommentsClose CommentsPermalink





(A) the suitability and feasibility of including Fort San Geronimo and other related resources in the Commonwealth of Puerto Rico as part of San Juan National Historic Site; andCommentsClose CommentsPermalink





(B) the methods and means for the protection and interpretation of Fort San Geronimo and other related resources by the National Park Service, other Federal, State, or local government entities or private or non-profit organizations.CommentsClose CommentsPermalink





(2) STUDY REQUIREMENTS- The Secretary shall conduct the study in accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)).CommentsClose CommentsPermalink





(c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing--CommentsClose CommentsPermalink





(1) the results of the study; andCommentsClose CommentsPermalink





(2) any recommendations of the Secretary.CommentsClose CommentsPermalink

Subtitle D--Program AuthorizationsCommentsClose CommentsPermalink

SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM.

(a) Purpose- The purpose of this section is to assist citizens, public and private institutions, and governments at all levels in planning, interpreting, and protecting sites where historic battles were fought on American soil during the armed conflicts that shaped the growth and development of the United States, in order that present and future generations may learn and gain inspiration from the ground where Americans made their ultimate sacrifice.CommentsClose CommentsPermalink





(b) Preservation Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- Using the established national historic preservation program to the extent practicable, the Secretary of the Interior, acting through the American Battlefield Protection Program, shall encourage, support, assist, recognize, and work in partnership with citizens, Federal, State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations in identifying, researching, evaluating, interpreting, and protecting historic battlefields and associated sites on a National, State, and local level.CommentsClose CommentsPermalink





(2) FINANCIAL ASSISTANCE- To carry out paragraph (1), the Secretary may use a cooperative agreement, grant, contract, or other generally adopted means of providing financial assistance.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $3,000,000 annually to carry out this subsection, to remain available until expended.CommentsClose CommentsPermalink





(c) Battlefield Acquisition Grant Program-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) BATTLEFIELD REPORT- The term ‘Battlefield Report’ means the document entitled ‘Report on the Nation’s Civil War Battlefields’, prepared by the Civil War Sites Advisory Commission, and dated July 1993.CommentsClose CommentsPermalink





(B) ELIGIBLE ENTITY- The term ‘eligible entity’ means a State or local government.CommentsClose CommentsPermalink





(C) ELIGIBLE SITE- The term ‘eligible site’ means a site--CommentsClose CommentsPermalink





(i) that is not within the exterior boundaries of a unit of the National Park System; andCommentsClose CommentsPermalink





(ii) that is identified in the Battlefield Report.CommentsClose CommentsPermalink





(D) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior, acting through the American Battlefield Protection Program.CommentsClose CommentsPermalink





(2) ESTABLISHMENT- The Secretary shall establish a battlefield acquisition grant program under which the Secretary may provide grants to eligible entities to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites.CommentsClose CommentsPermalink





(3) NONPROFIT PARTNERS- An eligible entity may acquire an interest in an eligible site using a grant under this subsection in partnership with a nonprofit organization.CommentsClose CommentsPermalink





(4) NON-FEDERAL SHARE- The non-Federal share of the total cost of acquiring an interest in an eligible site under this subsection shall be not less than 50 percent.CommentsClose CommentsPermalink





(5) LIMITATION ON LAND USE- An interest in an eligible site acquired under this subsection shall be subject to section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).CommentsClose CommentsPermalink





(6) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary to provide grants under this subsection $10,000,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink

SEC. 7302. 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 (16 U.S.C. 470a(c)(1)).CommentsClose CommentsPermalink





(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. 7303. 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 (16 U.S.C. 470w).CommentsClose CommentsPermalink





(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 (16 U.S.C. 470a(a)(2)).CommentsClose CommentsPermalink





(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

SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM.

Section 4 of Public Law 106-45 (16 U.S.C. 461 note; 113 Stat. 226) is amended by striking ‘2009’ and inserting ‘2019’.CommentsClose CommentsPermalink

SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE.

The National Cave and Karst Research Institute Act of 1998 (16 U.S.C. 4310 note; Public Law 105-325) is amended by striking section 5 and inserting the following:CommentsClose CommentsPermalink

‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

‘There are authorized to be appropriated such sums as are necessary to carry out this Act.’.CommentsClose CommentsPermalink

Subtitle E--Advisory CommissionsCommentsClose CommentsPermalink

SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION.

Section 505(f)(7) of the National Parks and Recreation Act of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking ‘ten years after the date of enactment of the Na Hoa Pili O Kaloko-Honokohau Re-establishment Act of 1996’ and inserting ‘on December 31, 2018’.CommentsClose CommentsPermalink

SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.

Effective September 26, 2008, section 8(a) of Public Law 87-126 (16 U.S.C. 459b-7(a)) is amended in the second sentence by striking ‘2008’ and inserting ‘2018’.CommentsClose CommentsPermalink

SEC. 7403. NATIONAL PARK SYSTEM ADVISORY BOARD.

Section 3(f) of the Act of August 21, 1935 (16. U.S.C. 463(f)), is amended in the first sentence by striking ‘2009’ and inserting ‘2010’.CommentsClose CommentsPermalink

SEC. 7404. CONCESSIONS MANAGEMENT ADVISORY BOARD.

Section 409(d) of the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5958(d)) is amended in the first sentence by striking ‘2008’ and inserting ‘2009’.CommentsClose CommentsPermalink

SEC. 7405. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION.

(a) Definitions- In this section:CommentsClose CommentsPermalink





(1) COMMEMORATION- The term ‘commemoration’ means the commemoration of the 450th anniversary of the founding of the settlement of St. Augustine, Florida.CommentsClose CommentsPermalink





(2) COMMISSION- The term ‘Commission’ means the St. Augustine 450th Commemoration Commission established by subsection (b)(1).CommentsClose CommentsPermalink





(3) GOVERNOR- The term ‘Governor’ means the Governor of the State.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(5) STATE-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘State’ means the State of Florida.CommentsClose CommentsPermalink





(B) INCLUSION- The term ‘State’ includes agencies and entities of the State of Florida.CommentsClose CommentsPermalink





(b) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established a commission, to be known as the ‘St. Augustine 450th Commemoration Commission’.CommentsClose CommentsPermalink





(2) MEMBERSHIP-CommentsClose CommentsPermalink





(A) COMPOSITION- The Commission shall be composed of 14 members, of whom--CommentsClose CommentsPermalink





(i) 3 members shall be appointed by the Secretary, after considering the recommendations of the St. Augustine City Commission;CommentsClose CommentsPermalink





(ii) 3 members shall be appointed by the Secretary, after considering the recommendations of the Governor;CommentsClose CommentsPermalink





(iii) 1 member shall be an employee of the National Park Service having experience relevant to the historical resources relating to the city of St. Augustine and the commemoration, to be appointed by the Secretary;CommentsClose CommentsPermalink





(iv) 1 member shall be appointed by the Secretary, taking into consideration the recommendations of the Mayor of the city of St. Augustine;CommentsClose CommentsPermalink





(v) 1 member shall be appointed by the Secretary, after considering the recommendations of the Chancellor of the University System of Florida; andCommentsClose CommentsPermalink





(vi) 5 members shall be individuals who are residents of the State who have an interest in, support for, and expertise appropriate to the commemoration, to be appointed by the Secretary, taking into consideration the recommendations of Members of Congress.CommentsClose CommentsPermalink





(B) TIME OF APPOINTMENT- Each appointment of an initial member of the Commission shall be made before the expiration of the 120-day period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink





(C) TERM; VACANCIES-CommentsClose CommentsPermalink





(i) TERM- A member of the Commission shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





(ii) VACANCIES-CommentsClose CommentsPermalink





(I) IN GENERAL- A vacancy on the Commission shall be filled in the same manner in which the original appointment was made.CommentsClose CommentsPermalink





(II) PARTIAL TERM- A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.CommentsClose CommentsPermalink





(iii) CONTINUATION OF MEMBERSHIP- If a member of the Commission was appointed to the Commission as Mayor of the city of St. Augustine or as an employee of the National Park Service or the State University System of Florida, and ceases to hold such position, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date on which that member ceases to hold the position.CommentsClose CommentsPermalink





(3) DUTIES- The Commission shall--CommentsClose CommentsPermalink





(A) plan, develop, and carry out programs and activities appropriate for the commemoration;CommentsClose CommentsPermalink





(B) facilitate activities relating to the commemoration throughout the United States;CommentsClose CommentsPermalink





(C) encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand understanding and appreciation of the significance of the founding and continuing history of St. Augustine;CommentsClose CommentsPermalink





(D) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration;CommentsClose CommentsPermalink





(E) coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, St. Augustine;CommentsClose CommentsPermalink





(F) ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs; andCommentsClose CommentsPermalink





(G) help ensure that the observances of the foundation of St. Augustine are inclusive and appropriately recognize the experiences and heritage of all individuals present when St. Augustine was founded.CommentsClose CommentsPermalink





(c) Commission Meetings-CommentsClose CommentsPermalink





(1) INITIAL MEETING- Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.CommentsClose CommentsPermalink





(2) MEETINGS- The Commission shall meet--CommentsClose CommentsPermalink





(A) at least 3 times each year; orCommentsClose CommentsPermalink





(B) at the call of the Chairperson or the majority of the members of the Commission.CommentsClose CommentsPermalink





(3) QUORUM- A majority of the voting members shall constitute a quorum, but a lesser number may hold meetings.CommentsClose CommentsPermalink





(4) CHAIRPERSON AND VICE CHAIRPERSON-CommentsClose CommentsPermalink





(A) ELECTION- The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis.CommentsClose CommentsPermalink





(B) ABSENCE OF THE CHAIRPERSON- The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.CommentsClose CommentsPermalink





(5) VOTING- The Commission shall act only on an affirmative vote of a majority of the members of the Commission.CommentsClose CommentsPermalink





(d) Commission Powers-CommentsClose CommentsPermalink





(1) GIFTS- The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission.CommentsClose CommentsPermalink





(2) APPOINTMENT OF ADVISORY COMMITTEES- The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this section.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF ACTION- The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this section.CommentsClose CommentsPermalink





(4) PROCUREMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this section (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission).CommentsClose CommentsPermalink





(B) LIMITATION- The Commission may not purchase real property.CommentsClose CommentsPermalink





(5) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.CommentsClose CommentsPermalink





(6) GRANTS AND TECHNICAL ASSISTANCE- The Commission may--CommentsClose CommentsPermalink





(A) provide grants in amounts not to exceed $20,000 per grant to communities and nonprofit organizations for use in developing programs to assist in the commemoration;CommentsClose CommentsPermalink





(B) provide grants to research and scholarly organizations to research, publish, or distribute information relating to the early history of St. Augustine; andCommentsClose CommentsPermalink





(C) provide technical assistance to States, localities, and nonprofit organizations to further the commemoration.CommentsClose CommentsPermalink





(e) Commission Personnel Matters-CommentsClose CommentsPermalink





(1) COMPENSATION OF MEMBERS-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in paragraph (2), a member of the Commission shall serve without compensation.CommentsClose CommentsPermalink





(B) FEDERAL EMPLOYEES- A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation other than the compensation received for the services of the member as an officer or employee of the Federal Government.CommentsClose CommentsPermalink





(2) TRAVEL EXPENSES- A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.CommentsClose CommentsPermalink





(3) DIRECTOR AND STAFF-CommentsClose CommentsPermalink





(A) IN GENERAL- The Chairperson of the Commission may, without regard to the civil service laws (including regulations), nominate an executive director to enable the Commission to perform the duties of the Commission.CommentsClose CommentsPermalink





(B) CONFIRMATION OF EXECUTIVE DIRECTOR- The employment of an executive director shall be subject to confirmation by the Commission.CommentsClose CommentsPermalink





(4) COMPENSATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.CommentsClose CommentsPermalink





(B) MAXIMUM RATE OF PAY- The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.CommentsClose CommentsPermalink





(5) DETAIL OF GOVERNMENT EMPLOYEES-CommentsClose CommentsPermalink





(A) FEDERAL EMPLOYEES-CommentsClose CommentsPermalink





(i) DETAIL- At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section.CommentsClose CommentsPermalink





(ii) CIVIL SERVICE STATUS- The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink





(B) STATE EMPLOYEES- The Commission may--CommentsClose CommentsPermalink





(i) accept the services of personnel detailed from the State; andCommentsClose CommentsPermalink





(ii) reimburse the State for services of detailed personnel.CommentsClose CommentsPermalink





(6) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.CommentsClose CommentsPermalink





(7) VOLUNTEER AND UNCOMPENSATED SERVICES- Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary.CommentsClose CommentsPermalink





(8) SUPPORT SERVICES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.CommentsClose CommentsPermalink





(B) REIMBURSEMENT- Any reimbursement under this paragraph shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed.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) NO EFFECT ON AUTHORITY- Nothing in this subsection supersedes the authority of the State, the National Park Service, the city of St. Augustine, or any designee of those entities, with respect to the commemoration.CommentsClose CommentsPermalink





(f) Plans; Reports-CommentsClose CommentsPermalink





(1) STRATEGIC PLAN- The Commission shall prepare a strategic plan for the activities of the Commission carried out under this section.CommentsClose CommentsPermalink





(2) FINAL REPORT- Not later than September 30, 2015, the Commission shall complete and submit to Congress a final report that contains--CommentsClose CommentsPermalink





(A) a summary of the activities of the Commission;CommentsClose CommentsPermalink





(B) a final accounting of funds received and expended by the Commission; andCommentsClose CommentsPermalink





(C) the findings and recommendations of the Commission.CommentsClose CommentsPermalink





(g) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There is authorized to be appropriated to the Commission to carry out this section $500,000 for each of fiscal years 2009 through 2015.CommentsClose CommentsPermalink





(2) AVAILABILITY- Amounts made available under paragraph (1) shall remain available until December 31, 2015.CommentsClose CommentsPermalink





(h) Termination of Commission-CommentsClose CommentsPermalink





(1) DATE OF TERMINATION- The Commission shall terminate on December 31, 2015.CommentsClose CommentsPermalink





(2) TRANSFER OF DOCUMENTS AND MATERIALS- Before the date of termination specified in paragraph (1), the Commission shall transfer all documents and materials of the Commission to the National Archives or another appropriate Federal entity.CommentsClose CommentsPermalink

TITLE VIII--NATIONAL HERITAGE AREASCommentsClose CommentsPermalink

Subtitle A--Designation of National Heritage AreasCommentsClose CommentsPermalink

SEC. 8001. 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. 8002. 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 (16 U.S.C. 461 note; Public Law 104-323) is repealed.CommentsClose CommentsPermalink

SEC. 8003. 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. 8004. 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. 8005. 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. 8006. 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. 8007. 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. 8008. 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-Comments