S1186 CONGRESSIONAL RECORD — SENATE February 12, 2019 the inclusion of the Frank and Jeanne RECESS and Water Conservation Fund and the Moore Salmon Sanctuary. The PRESIDING OFFICER. Under protection of Paradise Valley. In fact, As anybody who works on public the previous order, the Senate stands Paradise Valley is the doorstep to Yel- lands legislation knows, sometimes it in recess until 2:15. lowstone National Park, our Nation’s is hard to find a balance in order to get Thereupon, the Senate, at 12 noon, first national park. That would be found in the Yellowstone Gateway Pro- public lands legislation passed. Nobody recessed until 2:15 p.m. and reassem- bled when called to order by the Pre- tection Act. gets everything they want. Nobody Growing up, I spent a lot of time in siding Officer (Mrs. CAPITO). gets everything they believe they that part of our State. I still do. I love ought to have. The question is, can you f fly fishing on the Yellowstone River. In bring people together. NATURAL RESOURCES fact, when I was in high school, I load- I am going to close by way of saying MANAGEMENT ACT—Continued ed up the station wagon—in fact, I I have highlighted a number of provi- think probably the Griswolds’ station The PRESIDING OFFICER. The Sen- sions that I am glad we got in here. It wagon by today’s standards—and, with ator from Montana. was 10 years earlier when then-Presi- a couple of my classmates from Boze- dent Obama signed seven pieces of pub- S. 47 man High—we had our homecoming lic lands legislation that I was the lead Mr. DAINES. Madam President, dinner before we went to the home- author of. So these opportunities don’t there is a lot that I love about my coming dance there in Chico, MT. come along all the time. State, Montana. It is where I grew up. This package also increases sports- In fact, it is where—my great-great- men’s access to public lands, which is There are additional protections that grandmother came from Minnesota and something that is so important to the I wish were in this bill we will vote on homesteaded just north of Great Falls. sports men and women of Montana. in a few hours. I particularly wanted It is where my dad and my grandpa This is a historic win for Montana. In further protections for the Rogue and taught me how to fly fish and to hunt. fact, it is one of the biggest conserva- the Molalla Rivers. I want to say to the It is where I got to attend college, in tion wins we have seen in arguably a people I am so honored to represent at fact, at Montana State University. It is decade. It is what is going to help pre- home that as soon as we get this done, where I went to kindergarten through serve our access to our public lands. we are going to go back and start high school—in Bozeman. In fact, it is These are the treasures of our great building support to get those protec- where I proposed to my sweet wife State. tions through Congress in the future, Cindy on Hyalite Peak. It was about I very much look forward to casting and I am optimistic that if we can have 71⁄2 miles up and 71⁄2 miles back. It was my vote this afternoon when we pass it the same kind of cooperation I have about a 15-mile day that day we got en- here in the Senate. This public lands been talking about this morning, we gaged, July 31, 1986. It is where Cindy package is a product of years of effort. can get them across the finish line. and I raised our four children. In fact, Over 100 different pieces of legislation This public lands bill may not be per- speaking of children, it is more re- have been put together from the local fect, but it is a major accomplishment. cently where I walked my daughter level, grassroots moving its way up, to If you had told me, in a polarized polit- Annie down the aisle in Churchill, MT, our now having a chance to vote on ical climate like the one we have last October. Montana is a part of me. that right here for final passage in the today, that we could get a permanent It is home. U.S. Senate. I urge my colleagues on authorization for the Land and Water But what I am here to talk about both sides of the aisle to do the same. Conservation Fund, I would have said, today is something that Montanans We are blessed to be home to so many ‘‘No way. Can’t happen,’’ but now we like me love most about our State, and public lands in Montana, and we must have real protection for, as it is called, that is our public lands, because in a do all we can to protect them and en- LWCF. place like Montana, our public lands sure Montanans have access to these are a way of life. Our public lands are public lands. I am just going to close by men- Madam President, I yield the floor. tioning, finally, my friend, our late Re- where Montanans make memories with The PRESIDING OFFICER. The Sen- publican Governor, Tom McCall. He their families, their loved ones, and ator from Iowa. their friends. Montana’s public lands embodied—and you see it in this book, RECOGNIZING IOWA ‘‘Fire at Eden’s Gate: The Oregon are where we take our kids on the Ms. ERNST. Madam President, dur- Story.’’ Tom McCall, a Republican, em- weekends. In fact, they are where we ing this Valentines Day week, folks bodied Oregon’s long and proud history spend at least a week every August off around the country are taking a mo- of conservation. the beaten path in the Beartooth Wil- ment to express their love to one an- derness. They are where Cindy and I I want to close by saying the reason other. I have the great fortune to be will take a couple of dogs and take the junior Senator from the great I focused on Tom McCall this morning along our kids now, as they have got- is that he is part of a historical legacy. State of Iowa, so I wanted to take a ten older, if they have time. If not, moment to share just how much I love Sometimes, over the last few years, I Cindy and I go off with our two dogs have gotten the sense that that histor- my home State of Iowa. and spend time in the high country. We Iowa truly is where my heart is, from ical principle that protecting public do that every summer. lands was not a partisan issue—some- its beautiful farmland to its streams Our public lands are where we grow and rolling hills, Boyden to Brandon, times I felt it was just slipping away. up learning to love the outdoors, and Today, it seems to me, we are pushing Fairview, Farragut, and Fort Madison, they are where we still continue to and Keokuk to Rock Rapids and all the back. We are headed in the right direc- pass on that outdoor heritage to our places in between. Iowa has been so tion, and protecting the special places children and our grandchildren. Mon- very good to me, and it has so much to my home State is known for is some- tana’s public lands play a major role in offer. Nothing is better to me than thing that gives me great pride. It is what makes our State so great. grabbing a slice of our hometown also something you bring some humil- For anyone who has time and has Casey’s pizza and catching a sunset on ity to because Tom McCall was in a been fortunate enough to enjoy the Big a beautiful Iowa day or on a snowy cold league of his own with respect to pro- Sky Country’s public lands, I am sure one if you happen to be there right tecting our treasures, and I am very you would agree that we must continue now. I could spend hours mentioning glad today, with the Oregon provisions to cherish and protect those very lands the things I love about Iowa, but I in this bill, we can build on Tom we love in every way possible. That is wanted to take the time to mention McCall’s legacy. I am proud to have why I am thrilled that this afternoon just a few. been able to play a role in making sure the Senate is going to vote on a very I love how Iowans are politically en- those provisions that help Oregon and important, bipartisan public lands gaged. There is a reason why the Iowa our country have been included in this package that includes some important caucuses are the heartbeat of Amer- bill. provisions for Montana, such as the ica’s political scene and why politi- I yield the floor. permanent reauthorization of the Land cians line up to eat corn dogs, fried

VerDate Sep 11 2014 01:56 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.014 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1187 Oreos, and hot beef sundaes at our im- be to navigate the bureaucracy and enjoy a wonderful meal than the great pressive Iowa State Fair. Iowans voice other hurdles of the VA system. Unfor- restaurants in the State of Maine. Add their opinions, they show up to vote, tunately, we haven’t always given our to that our wonderful museums, Acadia and they hold us accountable. I appre- veterans the best care we could, and it National Park, State parks, and art ciate that spirit and that patriotism. has been my mission to change that. galleries, and it is easy to see why Interacting with fellow Iowans is one Speaking of mission, late last year more than 1 million tourists come to of my favorite parts of the 99-county we passed the VA MISSION Act to help our State each year. tour that I do every year. I visit every put veterans in the driving seat when Most of all, I love the people of the single county, every last one of Iowa’s it comes to their own care. We still State of Maine. They are hard-working, 99. have more to do in that area, particu- self-reliant, and compassionate. They I also want to show love to Iowa’s larly in terms of helping those with revere tradition and yet are so innova- working parents. Moms and dads across PTSD and other mental health con- tive. In good times, they are grateful. Iowa are working hard every single day cerns and reducing suicide rates and In difficult times, they are resilient. to make ends meet, put food on their veteran homelessness. These folks have They serve their communities and tables, and provide their families with sacrificed so much for our country. We their country, caring for their neigh- a bright future. The love of their chil- owe them a debt of gratitude, and we bors and their neighborhoods. They are dren drives them, and they are doing a owe it to them to ensure they are re- always ready to lend a helping hand. great job. Their drive to succeed pushes ceiving the highest possible care. I love Maine’s sense of community. me to look for tools to help them bet- As I mentioned, I could go on for Our annual town meetings each spring ter achieve their goals. One area is the hours talking about the things I love are evidence of the willingness of issue of paid leave. It is an issue that is about Iowa. I only had a few minutes Mainers to come together to chart very important to me because data with you today on the floor, but I their own course. shows that newborns who have the wanted to express my gratitude to such This community spirit will be on dis- play next week with our high school time to bond with their parents have a great State. better health outcomes. As a conserv- Thank you, Iowans, for truly being basketball tournaments, where ath- ative, I want to see an approach that is the best people on Earth to represent letes from cities and towns all over the voluntary and budget neutral and that and to Iowa for being the greatest State gather in Bangor, Augusta, and Portland for spirited competition and preserves jobs and is a win-win not place to call home. My heart is with only for the economy but also employ- sportsmanship. you. How well I remember the excitement ees. I think those policy solutions are Happy Valentine’s Day. of traveling from Caribou to Bangor 50 out there. I do. I have been working Thank you. with my colleague Senator MIKE LEE I yield the floor. years ago, when I was a sophomore in on this, and we will be vocalizing these I suggest the absence of a quorum. high school, to watch our high school initiatives in the coming days. The PRESIDING OFFICER. The team win the coveted gold ball on a I love, love, love Iowa’s small towns clerk will call the roll. half-court buzzer shot—the shot that and our rural communities. Folks in The senior assistant legislative clerk was heard around the State. It was the Iowa’s small towns, like my hometown proceeded to call the roll. most exciting sports event I have ever of Red Oak—we stick together. We Ms. COLLINS. Madam President, I attended. These tournaments are watch out for each other, and we help ask unanimous consent that the order among the great traditions of our each other out when tragedy strikes. for the quorum call be rescinded. State, as are the many festivals and I am reminded of a time many years The PRESIDING OFFICER. Without fairs that occur throughout the sum- ago when a farmer in one of our local objection, it is so ordered. mer months and the fall. communities was injured when he was It is such an honor to represent the RECOGNIZING MAINE out ranching with his cattle. He had people of Maine in the U.S. Senate. row crops that needed to be brought in Ms. COLLINS. Madam President, I Maine is a State of entrepreneurs, and for the harvest. He was so severely in- first want to commend the Senator I enjoy working for policies that enable jured, he later succumbed to those in- from Iowa for suggesting that we take our small businesses to start up, grow, juries, and his widow was left with a the occasion of Valentine’s week to and prosper. Most importantly, they standing crop. It only took one phone come to the Senate floor and talk a bit create the majority of jobs in our call to the local radio station to mobi- about our home States. Of course, each State. lize tractors, wagons, and combines to of us is convinced that we represent Maine is a State of wise senior citi- bring in the harvest for that family. the best State in the Union, but in my zens—the oldest State in the Nation by One phone call made a difference. case it happens to be true. average age. Developing the policies These small towns and small commu- Valentine’s Day is celebrated around that will allow our seniors to age in nities rely on each other. They don’t the world with flowers, candy, and ro- their own communities and to live in rely on the Federal Government to mance. It is also a time to reflect upon security and health is among my top come in and solve their problems. We the places and the people we love. To priorities. take care of each other. me, this is an occasion to celebrate the Maine is a State with one of the Our rural communities are home to State in which I was born, raised, and highest percentages of veterans per thousands of amazing and thriving live—the great State of Maine. capita in the entire country. Mainers small businesses, our churches giving People who know Maine share my have always answered the call to serve hope to the world, baseball fields filled love for its spectacular scenery—the our Nation. We must ensure that the with youngsters hoping to hit a home rolling hills of Aroostook County, the brave men and women who defend our run, families hunting and fishing to- rocky coast and the many harbors, the freedom receive the services and the gether, sometimes three generations beautiful western mountains, the quiet respect they deserve. At Bath Iron all at once, motorcycles on long wind- forests, the beautiful rivers, and the Works, home to the world’s best ship- ing roads, and the local post office not pristine lakes. The boundless rec- builders, Portsmouth Naval Shipyard only knowing where you live but your reational opportunities our outdoors in Kittery, Saco Defense, Pratt & Whit- name and your kids’ names too. These offer lifts our hearts, and the abundant ney, and other companies that con- small towns are why I have spent a wildlife inspires us. tribute to our national defense, it is great deal of time in Washington work- I love Maine’s food. From our clean the skilled Maine workers who help to ing to keep government accountable, ocean comes the best lobster in the keep America strong, and I am so decrease job-killing regulations, and world, and from our fertile soil grows proud of their vital contributions. ensure that small businesses keep rum- the potatoes and wild blueberries that The poet Robert Frost wrote, ‘‘We bling. Rural communities truly are the are unmatched. From gourmet mustard love the things we love for what they heart of this Nation and my great from Eastport to craft beer throughout are.’’ I love the State of Maine for what State of Iowa. the State, Maine artisans are finding it is and its people for who they are, I also love Iowa’s veterans. As a vet- new ways to delight our taste buds. and I wish them all a very happy Val- eran myself, I know how difficult it can There simply is no better place to entine’s Day.

VerDate Sep 11 2014 01:56 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.016 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1188 CONGRESSIONAL RECORD — SENATE February 12, 2019 Thank you. With Mr. Barr’s nomination, it has food at food banks to then being a re- I suggest the absence of a quorum. become again clear—and we heard it cipient of food at those food banks. The PRESIDING OFFICER. The again in some of the President’s com- Even though this all began as a bat- clerk will call the roll. ments last night in El Paso—that the tle over border security, the impact The senior assistant legislative clerk President’s major concern in choosing was much bigger. Employees from the proceeded to call the roll. a new Attorney General will be to Coast Guard, the Transportation Secu- Mr. WARNER. Madam President, I choose someone who will shield him rity Administration—the folks in the ask unanimous consent that the order from the special counsel’s investiga- blue shirts who usher us through secu- for the quorum call be rescinded. tion. To me, Mr. Barr’s unsolicited rity at airports—NASA, or the Na- The PRESIDING OFFICER (Mrs. memo looks much like a job applica- tional Aeronautics and Space Adminis- BLACKBURN). Without objection, it is so tion to try to appeal to the President tration, the Environmental Protection ordered. on those qualifications. The President Agency, the IRS, and a whole host of NOMINATION OF WILLIAM BARR has reportedly dangled the possibility other Federal Agencies were caught up Mr. WARNER. Madam President, I of pardoning potential witnesses in this in the crosshairs of our disagreements rise today to oppose the nomination of special counsel’s investigation. In Mr. here and forced to deal with financial William Barr to be the Attorney Gen- Barr, the President has a nominee who uncertainty for weeks on end. eral, a nomination that the Senate will has been outspoken about his expan- I personally believe that we were be taking up later today. sive views of the appropriate use of sent here to govern, not to preside over I have a number of concerns about pardon powers. shutdowns, and that we make tough de- the nominee on policy grounds. I echo Let’s be very clear. Any attempt by cisions every day here by negotiation what my colleagues on the Judiciary this President to pardon himself, his and compromise. That is the way the Committee have said about Mr. Barr’s family, or key witnesses in the Mueller Constitution contemplates how the leg- troubling record on important issues or the Southern District of New York islative branch will act. affecting Americans’ constitutional investigation would represent an abuse None of us are dictators. None of us freedoms. He has advocated for harsh, of power that would require a response can dictate 100 percent of what we mandatory minimum sentences, as well by Congress. Special Counsel Mueller’s want on any given occasion, so that as the President’s Muslim ban. investigation, as we already have seen means we have to negotiate. We have I also have serious concerns about his from the record, has led to numerous to compromise, and obviously a shut- past statements about LGBTQ equality indictments and convictions—convic- down represents a failure to com- and the role of government in women’s tions that even include the President’s promise. reproductive healthcare. As one telling own campaign chairman from the 2016 I have to say that compromise and example, he testified in his 1991 con- campaign. negotiation require good faith. They firmation hearing that Roe v. Wade While we have no idea when the require a desire on the part of all par- was wrongly decided and should be Mueller investigation will finish, we ties to actually solve a problem, not to overruled. must make sure that the Mueller in- play ‘‘gotcha’’ and point score when it On all of these issues, this nominee, I vestigation remains free from political comes to politics. believe, is out of step with the views of interference until it gets to the truth. Unfortunately, this last shutdown the vast majority of the American pub- Then, we need to ensure that its find- was a result of some outlandish posi- lic, but for me, this nomination and my ings must be released to Congress and tions taken by the Speaker of the objection to this nomination is not the American public. Under our con- House, Ms. PELOSI, and the Democratic simply an objection based on policy stitutional system, no one is above the leader here in the Senate, Mr. SCHU- grounds, nor is it a question of Mr. law, not even the President. We need MER. They said, for example, ‘‘Let’s be Barr’s experience. As a former Attor- an Attorney General willing to vigor- crystal clear. There will be no addi- ney General, Mr. Barr has long been ously defend that principle. tional appropriations to pay for the well respected within the legal commu- Consequently, I will oppose the nomi- border wall. It is done.’’ That was the nity, but, frankly, the nominee for our nation of Mr. Barr and urge my col- Democratic leader Senator SCHUMER. Nation’s highest law enforcement posi- leagues to consider the same. Then Ms. PELOSI said, ‘‘A wall, in my tion must be measured by more than Thank you, Madam President. view, is an immorality.’’ She said it is his resume. Instead, for me, particu- I yield the floor. immoral. larly at this moment in time, this is a I suggested absence of a quorum. I agree with President Trump when question of Mr. Barr’s fidelity to our The PRESIDING OFFICER. The he said what is immoral is allowing the Constitution. I find Mr. Barr’s actions clerk will call the roll. poison that is imported across our bor- in the months leading up to his nomi- The legislative clerk proceeded to ders from the South, which has con- nation to be deeply disturbing. As a re- call the roll. tributed to the 70,000 drug overdose sult, I have serious doubts about this Mr. CORNYN. Madam President, I deaths we saw last year as monitored nominee’s independence and willing- ask unanimous consent that the order and reported by the Centers for Disease ness to stand up for rule of law. for the quorum call be rescinded. Control and Prevention; that is im- Last June, Mr. Barr wrote a secret, The PRESIDING OFFICER. Without moral—not doing anything about that, unsolicited memo attacking Special objection, it is so ordered. not dealing with the human traf- Counsel Robert Mueller’s investigation GOVERNMENT FUNDING ficking, the sex slavery, and the invol- into potential obstruction of justice by Mr. CORNYN. Madam President, this untary servitude of young women and the President. Mr. Barr then took this Friday is our deadline to fund 25 per- children. That is immoral. unsolicited memo and passed it on to cent of the Federal Government, which I realize we have gotten caught up in administration officials. We all know remains unfunded as a result of the this silly game of semantics. Some peo- what happened afterward. short-term continuing resolution that ple call a wall a fence, and others call In November, President Donald was passed to keep it open until Feb- a fence a wall. But we all know what Trump fired Attorney General Jeff Ses- ruary 15, pending negotiations to deal we are talking about are physical bar- sions after months of public abuse over with border security measures. riers that form a necessary part of bor- Attorney General Sessions’ unwilling- During the last shutdown, for 35 der security. ness to rein in or kneecap the Mueller days, we know that 800,000 Federal Again, I go back to the experts. I investigation. For a temporary re- workers were not paid, including some come from a border State with 1,200 placement, he chose Matt Whitaker, 36,000 Texans. During that time, we miles of common border with Mexico. I whom we have seen recently in his tes- heard about families who could not af- look to the Border Patrol and the De- timony over on the House side and ford to buy the necessities of life, partment of Homeland Security to an- whose primary qualification to be Act- whether they be medicines or providing swer this most basic question. My ing Attorney General appears to have the funding to run the heat in their question to them is this: What do you been an op-ed he wrote decrying the homes and to keep their utility bills need in order to accomplish the mis- scope of the Mueller probe. low—families who went from donating sion we have asked you to accomplish?

VerDate Sep 11 2014 01:56 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.018 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1189 What the experts have always told the border last year alone. So I hope and several important law enforcement me is that they need a combination of this agreement includes funding to groups. three things. They need physical bar- strengthen our border and to protect He has also received support from riers in some locations that are hard to our people. some of the toughest critics in Wash- control. They need technology to scan I want to thank all of our colleagues ington: the editorial boards of some of the trucks and the cars that come over who have been engaged in these nego- the newspapers. Following his hearing, the ports of entry; they need ground tiations for their continued commit- the USA Today editorial board wrote a sensors and radar in the places between ment to finding a solution that every- piece called ‘‘Confirm William Barr as the ports of entry. Then they need the body can support, and I plan to review attorney general,’’ and that says it all, boots on the ground; they need the Bor- the text as soon as possible. although they went on to say: der Patrol, the law enforcement I happened to come back from El There are times for Democrats to confront agents, in order to detain people who Paso last night with President Trump, President Trump and times not to. The nom- come across the border. who was reviewing the bare bones of ination of William Barr to be attorney gen- I really find this debate over this one this proposal, and he has not yet said eral, pending before the Senate Judiciary component of border security, this whether he will sign it, but I want to Committee, is an example of the latter. physical barrier component, surreal. It make a couple of points. In that piece, the editorial board dis- really is hard work to try to avoid a so- First of all, if this agreement does, as cussed something that was a major lution where the solution is staring I believe it is reported to do, provide focus during Mr. Barr’s hearing—the you right in the face, where we know for 55 miles of additional physical bar- Mueller investigation. Our Democratic that if people of good will were willing riers along the border, then the Presi- colleagues were eager to hear him say to talk and to work through them, we dent has won, and Ms. PELOSI has lost that he would allow the special counsel could solve these problems, just as we because she said not one penny more— to continue his investigation without do so many other problems every day. I am sorry, that was Senator SCHU- intervention, which he did repeatedly. I was glad to learn that last night the MER—for border walls or border bar- At one point, Mr. Barr said: ‘‘I be- negotiators on the conference com- riers. Ms. PELOSI called them immoral. lieve it is in the best interest of every- mittee reached at least an agreement But if Democrats on the negotiating one—the President, the Congress, and, in principle to fund the remaining De- committee have now agreed to 55 miles most importantly, the American peo- partments and Agencies of the Federal of additional physical barriers, it ple—that this matter be resolved by al- Government. I know we are all eager to sounds to me as though they are not in lowing the special counsel to complete see the final details of the agreement the same place Ms. PELOSI is. I don’t his work.’’ I agree with that, and I and to learn exactly what was in- say that to try to blow up the deal be- agree with the conclusion of USA To- cluded, and I understand, based on re- cause, frankly, I believe a shutdown day’s editorial board that the sooner he ports we heard at lunch, it will prob- would be a mistake. But what I would is on the job the better. ably be tomorrow before we can see the encourage the President to do is to We saw, I would note, pieces from the language and make sure the language count his victory here and then to Wall Street Journal, the Los Angeles reflects what we see reported in the build on that. He has additional au- Times, and the New York Daily News press. thorities, particularly under the De- to the same effect. Even the Wash- As I said, again, I hope this agree- fense authorization bill, on a non- ington Post believes that Democrats ment takes into account what we have emergency basis, to reprogram money should vote for William Barr. They reportedly heard from the experts— that has been appropriated already for wrote that he ‘‘came across as a highly that smart border security is a com- the Department of Defense. qualified person and committed to the bination of barriers, technology, and There are other areas that Congress traditions, procedures and mores of the personnel. has already approved the President’s Justice Department.’’ I also hope it includes funding for our reprogramming money through pre- Good for them. The headline of that ports of entry to promote the legal viously passed legislation, so I would editorial was ‘‘Confirm William Barr— movement of goods and people across encourage the President to bank the and hold him to his pledge of independ- the border without compromising secu- win and then to build on that and to do ence.’’ rity. what is necessary to protect our coun- I have said before, and I will say it I think we all know that a lot of the try and to secure our border. again, that being Attorney General is high-end drugs—what I am talking NOMINATION OF WILLIAM BARR probably the most difficult job of the about are heroin, fentanyl, meth- Madam President, on another mat- President’s Cabinet because not only amphetamine, and the like—that come ter, this week the Senate will vote on are you the chief law enforcement offi- across the ports of entry are secreted the nomination of William Barr to cer for the country, you are really a within compartments in trucks and serve as Attorney General of the political appointee of the President. cars, and what we need is to have the United States. But I am satisfied that Mr. Barr can scanning devices to be able to locate It is hard for me to imagine a better balance those two responsibilities in a those places within those vehicles so qualified person for that job. It is par- responsible and ethical sort of way. I that we can find those drugs and hold ticularly impressive to me that some 27 believe he will bring the same inde- the people smuggling them account- years after he last held the job as At- pendent voice to the DOJ that he did able. But that means that at our ports torney General, he would be willing to more than two decades ago and will of entry we are going to need the per- step forward and accept the respon- continue his longstanding reputation sonnel and the technology in order to sibilities of that job once again. But of being an unwavering defender of the do that. So I hope the negotiators on that is exactly what he has done. rule of law. the conference committee have pro- More than two decades ago, he was I hope our colleagues on the other vided adequate funds for that, in addi- nominated and unanimously confirmed side of the aisle will judge this nomi- tion to the physical barrier. for three incredibly important posi- nee based on his qualifications, not on For my constituents in Texas, a se- tions at the Department of Justice, the person who nominated him. cure border is not just a political talk- culminating in the very position he is It has been common, it seems these ing point, it is a vital part of their being considered for right now. days, that anyone or anything that lives. Our communities depend on Cus- Since he first held the job of Attor- President Trump is for, our Democratic toms and Border Protection to stop ney General, times have changed— colleagues reflexively oppose without both dangerous people and goods from something he acknowledged during his thinking about the issue at hand or the crossing illegally. But they also depend hearing. But his steadfast commitment qualifications, in this case, of the on Customs and Border Protection to to the rule of law has not shifted. That nominee. facilitate legitimate trade and travel, is undoubtedly why Mr. Barr has re- I hope, rather than a reflexive, par- which fuels our economy. About $300 ceived the endorsement of former At- tisan rejection of President Trump’s billion of goods were transported both torneys General, Department of Jus- nominee to be Attorney General, that to and from Texas ports of entry along tice alumni, State attorneys general, our colleagues will give him the fair

VerDate Sep 11 2014 01:56 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.020 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1190 CONGRESSIONAL RECORD — SENATE February 12, 2019 consideration that he is due and will Even people who refuse to work, ac- ernment handouts, healthcare, and provide, as the Constitution provides, cording to the one press, would be other giveaways will cost tens of tril- advice and consent on this nomination, guaranteed a paycheck. lions more. This Green Deal will bank- and join me in consenting to this nomi- In its lunacy, the Green New Deal rupt the country. nation, and confirm William Barr as embodies Democrats’ hard-left turn. The guaranteed-job program alone the next Attorney General of the Under the plan, the Nation’s energy would cost an estimated hundreds of United States. system would undergo a Big Govern- billions of dollars each and every year. I suggest the absence of a quorum. ment takeover. Through heavy-handed Taxes will have to go through the roof, The PRESIDING OFFICER. The mandates, we would all be forced to as will energy prices. This is just the clerk will call the roll. meet all our power needs from costly tip of the iceberg. This green scheme The senior assistant bill clerk pro- zero-carbon and renewable sources—all would undermine our entire way of life. ceeded to call the roll. of it. The Green New Deal eliminates The plan would impose a burdensome Mr. BARRASSO. Madam President, I energy sources that currently provide mandate on homeowners. Every build- ask unanimous consent that the order power to roughly three out of every ing nationwide will have to be over- for the quorum call be rescinded. five homes in America and to busi- hauled—every one. Home heating and The PRESIDING OFFICER. Without nesses as well. It mandates the use of electric costs will surge. One estimate objection, it is so ordered. expensive energy sources that realisti- said that the average energy bill would rise by as much as $3,800 per year per THE GREEN NEW DEAL cally can’t meet our country’s needs. Mr. BARRASSO. Madam President, It would mean the end of the internal home. In reality, the only thing green about Republicans have kept our commit- combustion engine in cars, in boats, the Green New Deal is the cash it will ment the past 2 years to get Americans and in planes. The plan would force cost American families. This is simply back to work. We provided much need- every driver in America to purchase an a Washington power play posing as a ed tax relief and regulatory relief for electric vehicle or rely on public trans- clean energy plan. people all across the country. We portation. These are some of the same socialist reined in Washington, we unleashed job It would also mean the end of both goals we have seen from the far left creators, and now we are producing airplanes and ships. American-made that they have been pushing for dec- more jobs than can be filled. So Amer- goods could no longer be exported ades. It has failed everywhere it has ica is back in business. The economy is around the world. There would be no been tried, from Venezuela to the booming. Economic growth has accel- way to send them. Americans living on former Soviet Union. The path to erated. islands, from Puerto Rico to Hawaii, cleaner energy lies in supporting pri- In just 2 years, we have created 5 mil- would be stranded, and it would put a vate innovation, not government regu- lion jobs in this country—3 million jobs stop to Americans taking vacations lation. since we passed tax relief last year— abroad. American energy-related carbon di- and 600,000 of these new jobs are in An extensive and expensive national oxide emissions have steadily fallen in manufacturing. Last month alone, we high-speed rail system would have to recent years. The United States is cur- added a phenomenal 300,000 new jobs. replace air travel. That is what they rently on pace to reduce them by 17 Here is more welcomed news. Ameri- are calling for—an expensive and ex- percent below 2005 levels, and we are cans are seeing bigger paychecks. tensive national high-speed rail system going to do it by the year 2025. So we Wages are up 3 percent—the highest to replace air travel. have been doing it in the United jump in over a decade. Our unemploy- The State of California is currently States. We have been lowering emis- ment rate is at a 50-year low. Clearly, attempting to build just one of these sions. We are leading the world in low- our country is headed in the right di- rail lines at a cost of $89 million for ering our carbon emissions over the rection. Pro-growth Republican poli- every planned mile of track—so $89 past decade. A Washington takeover of cies have improved Americans’ lives. million for every planned mile of the energy sector is going to interfere Democrats, on the other hand, want track. with that progress. to take us in the opposite direction. So what happened today? What hap- Congress should support affordable Just last week, Democrats released pened just a few hours ago in Cali- baseline energy solutions that will ac- their Green New Deal. It is a Big Gov- fornia? California Governor Gavin tually reduce emissions and grow our ernment takeover of the economy, Newsom said he is ending the State’s economy. Cutting-edge technologies— masked as an environmental policy. effort to build a high-speed rail line be- including nuclear power, carbon cap- The proposal isn’t green, and it is not tween San Francisco and Los Angeles. ture, and carbon utilization—hold new. It is not a green deal. It is a raw That is what the Green New Deal says enormous promise. Nuclear power cur- deal. If implemented, this plan would they are going to do. Yet the Governor rently provides about 60 percent of put millions of people out of work and today says they are going to dis- America’s emission-free energy. Some it would cost our Nation tens of tril- continue the plans. supporters of the Green New Deal have lions of dollars. Newsom said in his state of the State even talked about banning nuclear The plan, to me, is really less about address today that it ‘‘would cost too power. addressing climate change and more much and take too long.’’ Well, that Republicans support a commonsense about putting government in control of looks like the entire Democrats’ Green approach to addressing climate change. We are interested in solutions, not so- every facet of our lives. Even if it were New Deal. He says it ‘‘would cost too cialism. We need to make American en- affordable—and it is not—the proposal much and take too long’’ to build the ergy as clean as we can, as fast as we is so far outside America’s mainstream line long championed by his prede- can, and we can do it without raising that it is scary. The proposal reads like cessor, Jerry Brown. The latest esti- an absurd socialist manifesto. They costs on the American public. mates pin the cost at $77 billion and The Democrats’ plan is a hard left call for a ‘‘national mobilization’’ to completion in 2033. turn that will drive our economy off a ‘‘transform every sector of our econ- That is where we are today. cliff. It is the first big step on that omy and society’’ and to do it by the There is another victim of the Green dark path to socialism. Simply put, the year 2030. In just 10 years, Washington New Deal. It is ice cream. Livestock green deal is a raw deal for the Amer- would be banned. Say goodbye to dairy, would create a command-and-control ican public. economy to eliminate choice in how we beef, and family farms and ranches. I yield the floor. live. Washington would tell us how to American favorites like cheeseburgers I suggest the absence of a quorum. travel, what our houses should look and milkshakes would become a thing The PRESIDING OFFICER. The like, and what food is on our grocery of the past. Millions of American work- clerk will call the roll. store shelves. ers will lose their jobs. Living this The senior assistant bill clerk pro- That is just a starting point. The ‘‘green dream’’ is actually a nightmare. ceeded to call the roll. plan includes a laundry list of govern- Just the energy portion of this plan Mr. BROWN. Madam President, I ask ment giveaways: guaranteed housing, alone would cost at least $5.7 trillion, unanimous consent that the order for college, food, healthcare, and a job. and it is feasibly impossible. The gov- the quorum call be rescinded.

VerDate Sep 11 2014 01:56 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.021 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1191 The PRESIDING OFFICER. Without My wife and I live in ZIP Code 44105 in Frank Robinson’s memory. Let’s honor objection, it is so ordered. Cleveland, OH. Our ZIP Code had more the legacy of Black Americans not just REMEMBERING FRANK ROBINSON foreclosures in the first half of 2007 with words but with actions to change Mr. BROWN. Madam President, last than any other ZIP Code in the United that. week America lost Frank Robinson, a States. And don’t think that some of PARKLAND HIGH SCHOOL SHOOTING baseball legend and a pioneer for civil these housing problems and segregated Madam President, this Thursday will rights. Frank Robinson spent much of housing in this country aren’t because mark 1 year since 17 Americans were his career in Ohio. He starred first for of some of the actions of this adminis- tragically and brutally murdered at the Cincinnati Reds All-Star World Se- tration and prior to that. Parkland High School. Seventeen fami- ries championship team. They built a Frank Robinson didn’t stay silent. He lies lost daughters, sons, brothers, and team around him in Cincinnati with joined the NAACP and became a voice sisters, 17 more were wounded, and Vada Pinson and others. Near the end for the civil rights movement. As I hundreds of students and teachers of his career, he went to Cleveland, and said, he was traded to the Cleveland In- joined the ranks of survivors of mass he managed for the Cleveland Indians. dians in 1974. The Indians made him shootings. He was a pioneer for change in base- manager. As I said, he was the first Af- Those injured and those families will ball. rican-American manager in the history never be the same. One of the country’s Larry Doby, whom we honored last of Major League Baseball. It took ex- greatest strengths is that out of the year with a Congressional Medal, was actly 27 years after Jackie Robinson greatest tragedies, Americans channel the first African-American player in broke the color line for the owners of their outreach in grief into action. the American League. He played for Major League Baseball to actually hire The young people at Marjory Cleveland. He came up only several a Black manager—27 years. Stoneman Douglas High School weeks after Jackie Robinson broke the That accomplishment meant so much launched an incredible movement for color line. to so many. He proved what never change in this country. These were Then in 1974, Frank Robinson became should have been in question—that Af- high school students, many not even the Major League’s first African-Amer- rican Americans belong not just on the old enough to vote, dealing with pain ican manager. I was at the game when field but that they are leaders, just that most of us can’t imagine. They he—that first game he managed. He hit like any other American. That accom- were able to do what so many, shall I a home run his first time at bat. He plishment resonated not only among say, grown politicians have been un- was the DH for the Indians. He was baseball fans but, in fact, in schools able or unwilling to do—something what is called a player-manager. and offices around the country. He was that so many Members in this body are In the days since his passing, we have a symbol to so many young Americans afraid or unwilling to do. These kids stood up to the gun heard people say that Frank Robinson that these roles of authority and lead- lobby—if only we saw that kind of was one of the most underappreciated ership aren’t just roles that only cer- courage among politicians who take legends of the game, but the same tain kids whose skin was a certain money from the gun lobby year after could also be said of his importance to color could dream of; these dreams are year after year. These kids stood up to our country. There are few players in for everyone. It was a powerful mes- the gun lobby. They organized and baseball who have accomplished any- sage that paved the way for so many thing close—on the field or off the forced their government to listen. great leaders on and off the baseball A month after that awful day, more field—to what Frank Robinson did. He field. is the only person to have won a league than a million Americans joined the The Cleveland Indians unveiled a March for Our Lives and marches for MVP in both the American and Na- statue of Frank Robinson 2 years ago tional Leagues—with the National our lives across the country. They had in my hometown of Cleveland at Pro- a pretty simple demand: The people League for the Reds and with the gressive Field. Mr. Robinson spoke at who represent them should protect American League for the Orioles. He the unveiling. He talked about how far them from gun violence. was Rookie of the Year with the Reds. we have come, and then he said: This body, again, did virtually noth- He won two World Series champion- There are people out there in the minor ing. They demand that we stop ignor- ships. He was the World Series’ most leagues and at the big-league level as coach- ing the millions of Americans who valuable player. He won the Triple es, and they have earned their way up. But want reasonable gun safety measures. they just don’t seem to be able to break that Crown with the Orioles. He was a Gold They demand that we stop doing the Glove winner. He was a 14-time all- barrier as often. All I can tell them—don’t give up. Do not give up. bidding of special interest gun lobby- star. He hit 600 career home runs. ists. The championships, the awards, and We still don’t see nearly as many Af- We can’t say we are doing what it the records alone don’t define who rican-American managers as there takes to keep our country safe until we Frank Robinson was or what his suc- should be. are finally willing to pass common- cess meant to so many people. The As we celebrate Black History sense laws to protect all Americans Reds signed him right out of high Month, we as a nation need to heed from gun violence. Many of us have school. He still strove for more. He Frank Robinson’s words. We cannot tried. took courses at Cincinnati’s Xavier give up on his dream of breaking down I supported the original Federal as- University at the beginning of his the institutional barriers that are set sault weapons ban in 1994. I joined rookie season. He knew that the up for people of color in baseball and many of my colleagues to try to renew courses wouldn’t count toward any de- throughout our society. We don’t just it after the Sandy Hook grade school gree; yet he persevered. He was traded honor Black trailblazers; we need to massacre. Weapons of war don’t belong to the Orioles in 1966. He witnessed red- continue our country’s unfinished on our streets. They certainly don’t be- lining and segregation that prevented work. long in our classrooms. him and his wife from finding housing. Hard work isn’t paying off for far too We tried to pass legislation to close Here was one of the best players in the many people in this country. Hard loopholes in our background check sys- Major Leagues, and he couldn’t find work doesn’t pay off for far too many tem. After the tragedy at the Pulse housing in Baltimore in the 1960s. Here workers, and women and people of nightclub in Florida, we tried to pass was the city’s star baseball player, but color have even greater challenges. It legislation to prevent people on the because of our country’s racist housing is even harder to get ahead no matter terrorist watch list from buying guns. policies, realtors wouldn’t sell him a how hard they work. We know that this Imagine this, if you are on the ter- home. country doesn’t respect work, it rorist watch list and you go up to the Parenthetically, I would also point doesn’t respect the dignity of work, John Glenn Airport in Columbus, OH, out that today some of those racist and it doesn’t honor work. As I said, we you can’t get on a plane, but you can housing policies continue and that we know that as much as this country buy an assault weapon. You can’t get have an administration and housing doesn’t compensate people for the work on a plane if you are on a terrorist regulators who simply seem too busy they do, it is, again, even harder for watch list. That is Federal law. But be- to want to enforce fair housing laws. women and people of color. Let’s honor cause of the power of the gun lobby in

VerDate Sep 11 2014 01:56 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.023 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1192 CONGRESSIONAL RECORD — SENATE February 12, 2019 this body and in this room, you can Clermont County. We witnessed an out- ecutives are making millions—some- buy an assault weapon. pouring of community support in the times tens of millions of dollars—and That is why the gun lobby, again, days since he was taken from us. No you pay your employees—if you have stood in the way. It is why the move- gesture, of course, ever repays him or hundreds of employees or thousands— ment that these students launched his loved ones. Today we honor this $10 or $12 an hour, then you are in a dif- matters. They showed the country that hero’s memory. We lift up the entire ferent category. Here is how that the gun lobby may have the money, Clermont County community. works. If you are making $10 or $12 an but we have energy on our side, and we TAX REFORM hour and you are working for one of have voters on our side. Madam President, what we have seen these big companies, you are eligible Look what happened last fall. So in the last few days is that more and for food stamps often, you are eligible many new voters—many of them more Americans are filing their tax re- for Medicaid often, you are eligible for young, many of them women—were turns and getting their tax refunds, section 8 housing tax credits often, and elected to this Congress promising, fi- and they realize that the President’s you are eligible for the earned income nally—finally—to stand up to the gun tax law was a bit of a sham. They tax credit. In other words, these em- lobby and finally to say no to the Na- haven’t seen the raises that the Presi- ployees that are making $10 or $12 an tional Rifle Association. dent promised. hour get all of these Federal benefits, Creating change is never easy. It I heard the President in the Cabinet even though they are working full often requires going up against power- Room say to a group of us: People will time. So what our bill does is what is ful special interests, but from the get a $4,000 raise, on average. Some will called the ‘‘corporate freeloader fee.’’ Women’s March to the airport rallies, get as much as a $9,000 raise with the As for these companies that pay their to the activism to protect people’s tax bill. executives millions and pay their rights under the Affordable Care Act, Call it an empty promise or call it a workers $8 and $10 and $12 an hour and Americans prove over and over the lie. Either way, the President’s words those workers end up getting subsidies power of activism. were empty and meaningless. from taxpayers, they pay a corporate The students at Parkland clearly Then they expected a huge tax cut freeloader fee. They pay the govern- aren’t quitting. The millions of Ameri- because the President told them it was ment. They reimburse taxpayers for cans inspired by them give me hope for hundreds and thousands of dollars. the subsidies that they give their em- the future. I hope my colleagues in this They are not seeing that either. Then, ployees. body finally stand up to the gun lobby to top it all off, there is a provision in I mean, why should all the people in and demand change. this new tax law that says if a com- the Gallery here, why should the staff REMEMBERING BILL BREWER pany shuts down in Orange Town, OH, working here, who are paying Federal Madam President, on Friday, Ohio as GM did, and then moves to Mexico, taxes, why should their taxes go to an laid to rest a dedicated public servant, as GM is building again in Mexico, they employer where the company is mak- Detective Bill Brewer. actually get 50 percent off. They get a ing millions and they are paying their Detective Brewer devoted two dec- 50-percent-off coupon on their taxes. workers such low wages that they are ades of his life to the police force and What does that mean? That means eligible for food stamps or section 8 made the ultimate sacrifice to keep his that they are paying a 21-percent tax housing vouchers or Medicaid or the fellow Ohioans safe. He laid down his rate in Ohio—Federal tax rate—but earned income tax credit? life while doing his job responding to a then they go to Mexico, and they pay The last two bills that we should desperate 911 call with fellow Clermont 10.5 percent. Believe it or not, under pass, as we throw out the President’s County officers in southwest Cin- the President’s tax law, they get a 50- tax law, is the earned income tax cred- cinnati, working to protect the people percent-off coupon if they move over- it. If we double the credit, we make he served in Pierce Township. seas—exactly the opposite. millions more people eligible. It would In the days since Detective Brewer’s The President went to Youngstown, mean thousands of dollars in the pock- passing, we have heard stories of his and he said: We are going to bring more ets of tens of millions of Americans. It unselfish service to his community and jobs back. We are going to have more would make a difference in their lives. his family. jobs. Don’t sell your homes if it looks Instead of giving tax breaks to rich Last Sunday, officers from all over like there are layoffs coming because people, which is what Senate Repub- southwest Ohio joined the procession we are going to bring more jobs back. licans and President Trump always escorting Detective Brewer home to We are going to build new factories. want to do—the White House looks like Clermont County. In his home of Amel- None of that happened. The opposite a retreat for Wall Street executives— ia, OH, his community lined the route, happened. Again, they shut down pro- and instead of giving millions in tax paying tribute to their fallen hero. duction in Lordstown, OH. GM did. breaks—actually, billions to the Hundreds attended a memorial service They are laying off 5,000 people. They wealthiest people in this country—why on Friday, while hundreds more are moving to Mexico, and they get a don’t we make the tax system fair and watched on video. It is a fitting rec- 50-percent-off coupon, thanks to Presi- put money in the pockets of people ognition of the sacrifice this man made dent Trump, thanks to the Members of making $20,000, $30,000, $40,000, or to keep the people of his community this body and all Republicans who $50,000 a year. safe. voted for this disastrous tax bill. That is what our earned income tax Detective Brewer was a proud son of Now, here is what we need to do. We credit expansion would do, and at the Williamsburg, OH, and a star high need to throw out the Trump tax law— same time, we should expand the child school athlete and a family man. Our just throw out the Trump tax law—and tax credit. Experts have said that plan hearts break for his wife of 13 years, we should rewrite the Tax Code, amaz- would cut child poverty in half. That Jamie, and his 5-year-old son, Braxton. ingly, to put people first. gives kids who grow up in my ZIP code, As they mourn this incredible loss, we Here is what we should do. We should 44105, who are struggling, who live in hope they take comfort in the out- first pass the Patriot Corporation Act. homes with high levels of toxic lead in pouring of support and honor for the The Patriot Corporation Act is really the walls—kids who don’t have the husband and father. simple. It simply says that if you pay breaks in their lives that my kids To his fellow officers, he was a de- decent wages, if you provide decent have—a fighting chance. It would lift voted friend. He was a mentor. One of benefits—health benefits, healthcare, half of these kids out of child poverty. them told the press that Detective and pensions or 401(k)—and if you do Taken together, the Patriot Corpora- Brewer was always fair and kind- your production in the United States of tion Act, the corporate freeloader fee, hearted, that he would give the shirt America, you get a lower tax rate. the earned income tax credit, and the off his back for anyone in need. Detec- In other words, if you are a patriotic child tax credit would create a Tax tive Brewer’s legacy will live on corporation, if you are good citizen, Code that puts money in the pockets of through the many lives he touched. then, you have earned a lower tax rate. working people, would create oppor- In times of tragedy, Ohioans rise to But the other side of that is that if tunity for people to aspire to and join the occasion, as do citizens in you are a big company where the ex- the middle class, would raise wages,

VerDate Sep 11 2014 01:56 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.025 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1193 and, equally importantly, would keep I would ask if my distinguished col- MARK DESAULNIER for introducing the jobs in the United States of America. league, the Senator from Alaska, chair- House companions to the four bills I Why should this Congress keep pass- man of the Energy and Natural Re- mentioned. ing legislation, as the President asked, sources Committee, could confirm my Now, I would like to take a moment that would encourage the shutdown of understanding that the amendment to describe the four California bills in- plants here and moves overseas? Why made by Senator RUBIO does not cluded in this package. don’t we reward companies that do the change the use of digital maps by the Unlike many deserts in the world, right thing? Why don’t we give kids op- U.S. Fish and Wildlife Service for the the California desert is abundant with portunities and families opportunities ongoing implementation of the Coastal life, full of plants and animals, many of so they can get ahead? Why don’t we Barrier Resources Act. which are only found in California. put money in the pockets of working Ms. MURKOWSKI. The Senator from From desert tortoises to bighorn people, raise wages, and keep jobs in Delaware is correct that the Rubio sheep, breathtaking wildflower blooms the United States of America? amendment does not affect the use of to iconic Joshua trees, the beauty of I suggest the absence of a quorum. digital maps by the U.S. Fish and Wild- the California desert is unrivaled. The PRESIDING OFFICER. The life Service for the implementation of When I first came to Washington 26 clerk will call the roll. the Coastal Barrier Resources Act. years ago, California Senator Alan The senior assistant legislative clerk Mr. CARPER. I thank my colleague Cranston asked me to carry on his ef- proceeded to call the roll. for her confirmation of my under- forts to protect the desert by intro- Ms. MURKOWSKI. Madam President, standing. The Rubio amendment also ducing a desert protection bill. I ask unanimous consent that the order includes language which states that Despite significant opposition and for the quorum call be rescinded. section 7003 of S. 47 has no force or ef- even filibuster attempts, the California The PRESIDING OFFICER. Without fect. I ask the Senator from Alaska, is Desert Protection Act of 1994 passed objection, it is so ordered. it her understanding that the provi- and was signed into law by President S. 47 sions of the Rubio amendment, as Clinton. Mr. BARRASSO. Madam President, adopted by the Senate, do not change It was a crowning achievement for section 7003 of the legislation before us the provisions or implementation of desert conservation, protecting more today, as modified by the Rubio Public Law 115–358 other than to enact the 7.5 million acres of pristine desert amendment No. 182, addresses units in the U.S. Fish and Wildlife Service’s land, establishing 69 new Wilderness the Coastal Barrier Resources System, recommended changes to Cape San Areas, creating the Mojave National which Congress established through bi- Blas maps? Preserve, and establishing Death Val- partisan legislation in 1982. Congress Ms. MURKOWSKI. The Senator from ley and Joshua Tree National Parks. most recently updated maps as rec- Delaware’s understanding of the Rubio In 2016, I worked with President ommended by the U.S. Fish and Wild- amendment is correct. Obama to designate three new national life Service at the end of last year Mr. CARPER. I thank my colleague. monuments—Mojave Trails, Sand to through the enactment of Public Law Finally, I ask if the Senator from West Snow, and Castle Mountains—to pro- 115–358. Virginia’s understanding is the same as tect an additional 1.8 million acres of I yield to my distinguished colleague, that of the Senator from Alaska’s with the desert. the Senator from Delaware, ranking respect to the effect of the Rubio But additional legislation is required member of the Environment and Public amendment. to keep the promises I made at that Works Committee. Mr. MANCHIN. I say to my friend time to off-roaders, environmentalists, Mr. CARPER. I thank my distin- from Delaware that my understanding and other stakeholders to expand con- guished colleague, the Senator from is the same as that of the Senator from servation and recreation efforts in the Wyoming, chairman of the Environ- Alaska, and I thank him for his inquiry desert. ment and Public Works Committee. into this provision of the bill. The ‘‘California Desert Protection The Coastal Barrier Resources Act is Mr. CARPER. I thank the Senators and Recreation Act’’ balances the an important free-market conservation for their clarification. Thank you. many uses of the California desert. tool that does not regulate how people Mrs. FEINSTEIN. Madam President, The bill protects more than 375,000 develop their land, but transfers the I rise today to voice my strong support acres of wilderness, including expand- full cost of developing in risky, envi- for the ‘‘Natural Resources Manage- ing Joshua Tree National Park and ronmentally sensitive areas from tax- ment Act,’’ otherwise known as the Death Valley National Park by 4,518 payers to the individual choosing to de- Public Lands Package. and 35,292 acres, respectively. velop. The Coastal Barrier Resources I am a proud cosponsor of this pack- It also permanently designates six System also provides much-needed age because it contains many impor- existing Off-Highway Vehicle Recre- habitat for our Nation’s treasured wild- tant priorities for California’s public ation Areas totaling 200,580 acres to life, including federally threatened Red lands, particularly the ‘‘California provide certainty they will remain ac- Knot birds in Delaware. Desert Protection and Recreation cessible for trail riders. Public Law 115–358 added approxi- Act.’’ That bill represents the culmina- Lastly, this bill designates 77 miles mately 18,000 acres along the Delaware, tion of decades of collaborative efforts of Wild and Scenic Rivers. North Carolina, South Carolina, and to protect our desert that began in my I am extremely proud that, after dec- Florida coasts to the Coastal Barrier very first year in the Senate. ades of hard work, our efforts to per- Resources System, protecting these The lands package also includes a manently protect California’s iconic barrier islands, beaches, wetlands, and bill I first introduced 10 years ago to desert are finally coming to fruition. aquatic habitat from federally funded create California’s first National Herit- I would like to now briefly touch on development. age Area in the Sacramento-San Joa- three other bills included in this pack- During Senate consideration of S. 47, quin Delta, as well as two bills to fa- age. the Senate adopted an amendment by cilitate smarter management of public First is the Sacramento-San Joaquin the Senator from Florida, Mr. RUBIO, lands and water infrastructure in our Delta National Heritage Area Act, which adds two additional replacement local communities. which establishes the first National maps for Cape San Blas, FL, as an I am particularly grateful for Sen- Heritage Area in California. amendment to Public Law 115–358. ator MURKOWSKI’s leadership in moving It also authorizes $10 million in Fed- During the enactment of Public Law this bipartisan effort forward, as well eral funding to promote environmental 115–358, the Senator from Wyoming and as Senators CANTWELL and MANCHIN’s stewardship, conservation, and eco- I sought to make clear that the law is efforts as the ranking members of the nomic development in communities not intended to prevent the U.S. Fish Energy and Natural Resources Com- across five Delta-area counties. and Wildlife Service from using various mittee last Congress and this one, re- I first introduced this bill with then- digital tools, digital data, and digital spectively. Senator Barbara Boxer in 2009, and I maps to help implement the Coastal I would also like to thank Congress- am pleased we are finally on the cusp Barrier Resources Act. men PAUL COOK, JOHN GARAMENDI, and of enacting it into law.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.026 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1194 CONGRESSIONAL RECORD — SENATE February 12, 2019 The Sacramento-San Joaquin Delta This bill will transfer ownership of to our colleagues on the House side for is the largest estuary in the western the Contra Costa Canal System from their review and their support and, United States. the Bureau of Reclamation to the hopefully, shortly after that, their It is one of the most productive and Contra Costa Water District to allow ratification. ecologically important watersheds in the water district to complete nec- When we take a package that is over North America. essary safety improvements. 100 bills from over 50 different Senators The delta offers recreational oppor- The water district would like to con- and over 90 who have signed on as co- tunities enjoyed by millions of visitors vert the existing open earthen canal to sponsors, that demonstrates some- who come each year for boating, fish- a closed pipe, which is expected to cost thing. What we have done with the ing, hunting, and sightseeing. $650 million. strength, extent, and expanse of these It also provides critical habitat for The water district understandably provisions, the efforts we have made to more than 750 wildlife species, includ- wants to take title in order to use as ensure that the Land and Water Con- ing Sandhill cranes and other migra- collateral for issuing bonds to cover servation Fund continues with a per- tory birds along the Pacific Flyway, the cost of the conversion, and this bill manent extension and what we have and iconic native fish like the Chinook would accomplish this. done, as I mentioned, within the salmon that return each year to spawn Tragically, 82 people have drowned in sportsmen’s provisions to really help in tributaries upstream. the canal over the past 70 years despite make a difference for those men and Before it was converted into farm- land starting in the 19th century, the protective fencing. women, certainly Senator MANCHIN and delta flooded regularly following the That is more than one death per year me and sportsmen and women around springtime snowmelt and once sup- on average, which would be prevented the country, by making sure that our ported the continent’s largest Native if the canal were converted into a pipe. public lands are open for recreational American communities. I am sad to say that there was an- fishing, hunting, target shooting—this Later, the delta served as the gate- other drowning in the canal just last is significant for us, certainly from an way for the California Gold Rush, after year. economic perspective, when you think which Chinese immigrants built hun- Additionally, drought is always an about how much goes into these areas. dreds of miles of levees to make the issue in California, and water is becom- Sportsmen and women spent about $119 delta’s rich peat soils available for ing more and more expensive. billion—that was back in 2016—on ev- farming and to control flooding. About 6 percent of the canal’s water erything from their gear to the support Immigrants from all over the world is lost through evaporation and seep- in these small communities. But when moved to the area and established the age. A covered pipeline would elimi- we talk about access to land, it is not proud farming legacy that continues nate these losses. just access to land, it is expansion of today. Before I conclude, I would also like economic opportunities. Over the years, the vibrant ‘‘river to thank Senator MURKOWSKI for in- We also have provisions to encourage culture’’ unique to delta communities cluding in the package a permanent re- the Secretary of Interior and Secretary has attracted the attention of cele- authorization of the Land and Water of Agriculture to think bigger and brated authors including Mark Twain, Conservation Fund. identify more opportunities for recre- Jack London, and Joan Didion. In California alone, the Land and ation, hunting, and fishing on our pub- The delta is now facing a crisis due Water Conservation Fund has been re- lic lands. We have special hunting days to invasive species, urban and agricul- sponsible for the creation or improve- for youth, veterans, and Active Duty tural run-off, channelization, dredging, ment of more than 1,000 parks since military. We have included provisions water exports, and other stressors. 1965. from the WILD Act—the Wildlife Inno- I look forward to enacting this bill It has also helped to protect some of vation and Longevity Driver Act—to and continue working to restore the California’s most iconic places, includ- protect endangered populations and delta and help preserve the rich herit- ing the Lake Tahoe Basin, the Cali- combat invasive species. There is so age of its surrounding communities. fornia desert, Point Reyes National much contained in this measure. Next is the ‘‘Santa Ana Wash Land Seashore, Headwaters Forest, the San With regard to the conservation pro- Exchange Act,’’ which would help im- Diego and Don Edwards National Wild- visions, we think we have done them plement a regional management plan life Refuges, and the national forests of right because we have worked to en- for the Santa Ana Wash. the Sierra Nevada. sure that we have strong support at Federal, State, and local govern- Once again, I am proud to cosponsor State and local levels. We are creating ment, along with commercial and pub- and support this vitally important and three new National monuments—two lic interests, all came to the table to beneficial legislation, and I urge my in Kentucky and one in Mississippi— develop a management plan that ac- colleagues to vote for it. with Congress at the helm of those pro- counts for all land uses in this area. Thank you. Our bill helps facilitate this plan by visions. Ms. MURKOWSKI. Madam President, We have provisions to improve vol- directing the Bureau of Land Manage- we are now down to the final minutes cano monitoring and warning systems, ment, BLM, to exchange approximately of debate on S. 47, our Natural Re- which is important if an aircraft in the 300 acres of land with the San sources Management Act. This is some- Bernardino Valley Water Conservation sky passes across an area where there thing we had a good number of Mem- District at the junction of the Santa has been eruptions. We have provisions bers come to the floor to speak on. Our Ana River and Mill Creek. that promote wildlife conservation, Today, the 4,500-acre Santa Ana Members are proud of the many provi- combat endangered species, protect en- Wash is a patchwork of land parcels sions that we have seen fit to include dangered species and water manage- owned by the water conservation dis- within this package itself—bills that ment provisions that save water, pro- trict or BLM. relate to lands and land conveyances, tect public safety, enhance fish protec- The land exchange would help con- conservation aspects, sportsmen’s pro- tions and wildlife habitat. We do all of solidate 1,347 acres of open space to visions, those measures that can help this, and the CBO estimates that we preserve and protect habitat along the bring about economic development in will reduce direct spending by $10 mil- river’s floodplain as part of the broader very small areas. We are very proud of lion over the next 10 years. We recog- Santa Ana River Wash Plan. what we have done with this process nize that is hardly enough to reduce Two mining companies that extract that has led us to where we are today. deficits, but it is a bonus. We are materials for cement and concrete pro- I am excited that we are coming to chalking that up as an additional duction also occupy the area. The bill the end of the debate and, hopefully, bonus. allows these commercial operations to will be able to move this bill across the This has come together with a great continue in the Santa Ana Wash in an floor with a very strong bipartisan deal of hard work by many Members environmentally sensitive manner. vote. We had a good showing last night and our staffs. I want to particularly The final bill included in this pack- with our cloture vote, 87 to 7, to end recognize the good work of my ranking age that I would like to discuss is the the debate. That was good and sound. partners, Senator CANTWELL in the pre- Contra Costa Canal Transfer Act. We are looking forward to sending this vious Congress and now Senator

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.005 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1195 MANCHIN, and their help in getting us we get together. Senator MURKOWSKI This is truly the part of the legislation to this point. I thank not only the and I have called and talked to each that really carries the water, figu- Members but their very strong staffs other and worked through it. We have ratively speaking. This is a simple yet who have worked in conjunction with talked with the chairman and ranking highly effective conservation tool with my staff. I recognize that we stand up member over in the House to make unrivaled success over the last 50 and do a lot of the talking, but the be- sure they are in lockstep with us as we years. hind-the-scenes negotiation, the navi- went through this. Unfortunately, the LWCF expired gating, making sure that the wording We look for this to be extremely suc- last September, but this package will is just exact—what we have done, I cessful as it reaches the House. These reinstate the program to ensure that think, has been yeoman’s work in get- bills are going to improve the way pub- States and Federal public land man- ting us here, and I am very, very proud lic lands are managed and conserved at agement Agencies can continue to pro- of all of those who have helped accom- the ground level. While these bills are tect and conserve our natural re- plish that. important to the residents of small sources. Stating for the Members again, this towns across America, many of the Since 1965, more than $243 million in is a big package, a substantive pack- bills in this package do not have a sig- LWCF funds have been spent in West age, but there is more to come. These nificant impact outside their local Virginia on more than 500 projects, public lands matters have a tendency sphere. These are truly local bills. As both on State and Federal lands. This to stack up, so we are hardly finished such, it is rare for these bills to receive includes improvements to local parks with our work in this area. We are consideration on the Senate floor. I be- and public spaces in 54 of our State’s 55 clearing the decks this afternoon of the lieve what we are saying is, by them- counties, and it does so without relying items that are ready to go to the Presi- selves it would be hard to move some- on taxpayer dollars. dent right now. After we spent so much thing like this, but as a package—and I again want to highlight the long- time working through them in this reg- it has been over 45 years since the awaited priorities for sportsmen’s ular order process in this Congress, I lands package has been done; that is groups included in this package. Hunt- think it is something we can be proud really the reason it has been quite ing in all of our States and in my State of. time-consuming. of West Virginia is one of our oldest There is a lot of stress that goes on, I want to again thank my colleagues pastimes, where friends and family and there have been some discussions, for their tireless work—of course, gather and spend quality time. It is im- just earlier, about how we keep the Chairman MURKOWSKI, Ranking Mem- portant that we provide opportunities wheels on the bus, how we keep the ber MARIE CANTWELL, and Senators to keep these traditions alive. government from shutting down, how HEINRICH, GARDNER, and DAINES on the The Natural Resources Management we figure out how to deal with appro- Republican side. Everyone has worked Act will expand and enhance sports- priations bills, and here we have been very well together. men’s access by making Federal lands just plugging quietly along, moving I also want to thank the committee throughout West Virginia and through- forward on legislation that has been a staff because the committee staff and out the Nation ‘‘open unless closed’’ for great cooperative effort, a great bipar- floor staff really have made this pack- hunting, fishing, recreational shooting, tisan effort, and, hopefully soon, a very age come together, and they have and many other outdoor activities. great bicameral effort, demonstrating worked tirelessly. As a hunter myself, and as vice chair that maybe—just maybe—we in Con- All of the outside groups brought all of the Congressional Sportsmen’s Cau- gress can get something done. of their information to us. We were cus, I know how frustrated the sports- It is nice to be part of a team that is able to work with them, and it was men’s groups have been in trying to get making things happen and, again, quite fulfilling. their bills passed over the last few great thanks and great appreciation to The package has been warmly re- years. That is why I am so pleased that the many Members who have helped. I ceived by both Democrats and Repub- so many of our priorities are included also want to give a shout-out to Sen- licans, and from our conversations in this package. ator HEINRICH, who has been here every with folks in the House, we are expect- I am pleased to say that the Natural step of the way, pushing on these ing it to receive a warm reception over Resources Management Act will estab- sportsmen’s matters. Senator WYDEN there as well. lish several national heritage areas, in- has also been a great help. Over on the I cannot tell you how many Members cluding one in West Virginia—the Ap- Republican side, Senator GARDNER and are excited to get this to the Presi- palachian Forest Heritage Area. This Senator DAINES have been in this every dent’s desk for his signature. This inch of the way, helping us advance. It local heritage area has been operating package adds thousands of miles to our is a good place and a good time to be as an ad hoc national heritage area. National Trails System, designates 1.3 By providing an official NHA des- working toward the finish line. With that, I yield to my friend and million acres of wilderness, designates ignation, the Appalachian Forest Her- ranking member, the Senator from hundreds of miles of Wild and Scenic itage Area can earn the national rec- West Virginia. Rivers, and will improve hunting, fish- ognition it deserves and is now also eli- The PRESIDING OFFICER. The Sen- ing, and recreation access to our Fed- gible for grants and technical assist- ator from West Virginia. eral lands. ance from the National Park Service. Mr. MANCHIN. Madam President, As I have said before, our public This will enable the heritage area to first of all, I can’t tell you what a lands are truly one of our Nation’s take the services they provide to the pleasure it has been to work with greatest treasures, and we are fortu- region to the next level. Chairman MURKOWSKI. We have been nate to have so many places set aside I believe that this package is a great able to show—and even in the 115th for the public to enjoy. Each year, 67 bill for both Republicans and Demo- Congress, with the ranking member, percent of the people of West Virginia crats and all of our friends. Numerous Senator CANTWELL—the committee take to the outdoors to enjoy our wild pieces of legislation have been long- worked in a bipartisan way. So when and wonderful areas. In my State of standing priorities for many Members, people think the process is broken, it is West Virginia, it is truly almost Heav- and they have been included. really not broken. It might be wobbling en because of the access to all the I would like to thank Chairman MUR- a little bit and might need some re- beauty we have. KOWSKI again, as well as the other pairs, but in the Energy and Natural Again, in my State of West Virginia Members of the Energy and Natural Resources Committee on the Senate alone, outdoor recreation supports Resources Committee, all of the staff side, we have shown it can be done. But 91,000 direct jobs—that is a lot of jobs members, and the floor members for it has to be a matter of trust. We have for my State but, really, for any their efforts to reach an agreement on to trust each other and, basically, com- State—and $9 billion in consumer this bill. municate to work through these issues, spending. I would also like to thank the major- and we have been able to do that. The centerpiece of this package is ity leader for his willingness to bring When there has been a little bit of the permanent reauthorization of the this bill to the floor in such an expe- concern popping up from time to time, Land and Water Conservation Fund. dited manner.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G12FE6.030 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1196 CONGRESSIONAL RECORD — SENATE February 12, 2019 I believe it is time for this bill to get NAYS—8 Sec. 1115. McCoy Flats Trail System. over to the House and to the President Cruz Lankford Sasse Sec. 1116. Technical corrections to certain for his signature. I want to thank all Inhofe Lee Toomey laws relating to Federal land in Johnson Paul the State of Nevada. who have been involved. Sec. 1117. Ashley Karst National Recreation The bill (S. 47), as amended, was VOTE ON AMENDMENT NO. 182 TO AMENDMENT and Geologic Area. NO. 112 passed, as follows: Sec. 1118. John Wesley Powell National Con- S. 47 servation Area. The PRESIDING OFFICER (Mr. Be it enacted by the Senate and House of Rep- Sec. 1119. Alaska Native Vietnam era vet- PERDUE). Under the previous order, all resentatives of the United States of America in erans land allotment. postcloture time has expired. Congress assembled, Sec. 1120. Red River gradient boundary sur- The question is on agreeing to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. vey. Sec. 1121. San Juan County settlement im- amendment No. 182, offered by the Sen- (a) SHORT TITLE.—This Act may be cited as plementation. the ‘‘Natural Resources Management Act’’. ator from Florida [Mr. RUBIO]. Sec. 1122. Rio Puerco Watershed manage- (b) TABLE OF CONTENTS.—The table of con- The amendment (No. 182) was agreed ment program. tents for this Act is as follows: to. Sec. 1123. Ashley Springs land conveyance. Sec. 1. Short title; table of contents. Subtitle C—Wilderness Designations and VOTE ON AMENDMENT NO. 112 TO AMENDMENT Sec. 2. Definition of Secretary. Withdrawals NO. 111 TITLE I—PUBLIC LAND AND FORESTS PART I—GENERAL PROVISIONS The PRESIDING OFFICER. The Subtitle A—Land Exchanges and Sec. 1201. Organ Mountains-Desert Peaks Conveyances question is on agreeing to amendment conservation. No. 112, offered by the Senator from Sec. 1001. Crags land exchange, Colorado. Sec. 1202. Cerro del Yuta and Rı´o San Anto- Alaska [Ms. MURKOWSKI], as amended. Sec. 1002. Arapaho National Forest bound- nio Wilderness Areas. The amendment (No. 112), as amend- ary adjustment. Sec. 1203. Methow Valley, Washington, Fed- Sec. 1003. Santa Ana River Wash Plan land ed, was agreed to. eral land withdrawal. exchange. Sec. 1204. Emigrant Crevice withdrawal. VOTE ON AMENDMENT NO. 111 Sec. 1004. Udall Park land exchange. Sec. 1205. Oregon Wildlands. Sec. 1005. Confirmation of State land grants. PART II—EMERY COUNTY PUBLIC LAND The PRESIDING OFFICER. Under Sec. 1006. Custer County Airport convey- MANAGEMENT the previous order, the substitute ance. amendment, as amended, was agreed Sec. 1007. Pascua Yaqui Tribe land convey- Sec. 1211. Definitions. to. ance. Sec. 1212. Administration. Sec. 1008. La Paz County land conveyance. Sec. 1213. Effect on water rights. The amendment (No. 111), in the na- Sec. 1214. Savings clause. ture of a substitute, as amended, was Sec. 1009. Lake Bistineau land title sta- bility. SUBPART A—SAN RAFAEL SWELL RECREATION agreed to. Sec. 1010. Lake Fannin land conveyance. AREA The bill was ordered to be engrossed Sec. 1011. Land conveyance and utility Sec. 1221. Establishment of Recreation Area. for a third reading and was read the right-of-way, Henry’s Lake Wil- Sec. 1222. Management of Recreation Area. third time. derness Study Area, Idaho. Sec. 1223. San Rafael Swell Recreation Area Sec. 1012. Conveyance to Ukpeagvik Inupiat Advisory Council. The PRESIDING OFFICER. The bill Corporation. SUBPART B—WILDERNESS AREAS having been read the third time, the Sec. 1013. Public purpose conveyance to City question is, Shall the bill pass? Sec. 1231. Additions to the National Wilder- of Hyde Park, Utah. ness Preservation System. Ms. MURKOWSKI. I ask for the yeas Sec. 1014. Juab County conveyance. Sec. 1232. Administration. and nays. Sec. 1015. Black Mountain Range and Bull- Sec. 1233. Fish and wildlife management. head City land exchange. Sec. 1234. Release. The PRESIDING OFFICER. Is there a Sec. 1016. Cottonwood land exchange. sufficient second? Sec. 1017. Embry-Riddle Tri-City land ex- SUBPART C—WILD AND SCENIC RIVER DESIGNATION There appears to be a sufficient sec- change. ond. Subtitle B—Public Land and National Forest Sec. 1241. Green River wild and scenic river designation. The clerk will call the roll. System Management Sec. 1101. Bolts Ditch access. SUBPART D—LAND MANAGEMENT AND The senior assistant legislative clerk Sec. 1102. Clarification relating to a certain CONVEYANCES called the roll. land description under the Sec. 1251. Goblin Valley State Park. The result was announced—yeas 92, Northern Arizona Land Ex- Sec. 1252. Jurassic National Monument. nays 8, as follows: change and Verde River Basin Sec. 1253. Public land disposal and acquisi- Partnership Act of 2005. tion. [Rollcall Vote No. 22 Leg.] Sec. 1103. Frank and Jeanne Moore Wild Sec. 1254. Public purpose conveyances. YEAS—92 Steelhead Special Management Sec. 1255. Exchange of BLM and School and Area. Institutional Trust Lands Ad- Alexander Fischer Portman ministration land. Baldwin Gardner Reed Sec. 1104. Maintenance or replacement of fa- Barrasso Gillibrand Risch cilities and structures at Smith Subtitle D—Wild and Scenic Rivers Bennet Graham Roberts Gulch. Sec. 1301. Lower Farmington River and Blackburn Grassley Romney Sec. 1105. Repeal of provision limiting the Salmon Brook wild and scenic Blumenthal Harris Rosen export of timber harvested from river. Blunt Hassan Rounds certain Kake Tribal Corpora- Sec. 1302. Wood-Pawcatuck watershed wild Booker Hawley Rubio tion land. Boozman Heinrich and scenic river segments. Sanders Sec. 1106. Designation of Fowler and Boskoff Sec. 1303. Nashua wild and scenic rivers, Braun Hirono Schatz Brown Hoeven Peaks. Massachusetts and New Hamp- Schumer Burr Hyde-Smith Sec. 1107. Coronado National Forest land Scott (FL) shire. Cantwell Isakson conveyance. Scott (SC) Subtitle E—California Desert Protection and Capito Jones Shaheen Sec. 1108. Deschutes Canyon-Steelhead Falls Recreation Cardin Kaine Wilderness Study Area bound- Carper Kennedy Shelby Sec. 1401. Definitions. Sinema ary adjustment, Oregon. Casey King Sec. 1109. Maintenance of Federal mineral PART I—DESIGNATION OF WILDERNESS IN THE Cassidy Klobuchar Smith CALIFORNIA DESERT CONSERVATION AREA Collins Leahy Stabenow leases based on extraction of Coons Manchin Sullivan helium. Sec. 1411. California desert conservation and Cornyn Markey Tester Sec. 1110. Small miner waivers to claim recreation. Thune Cortez Masto McConnell maintenance fees. PART II—DESIGNATION OF SPECIAL Cotton McSally Tillis Sec. 1111. Saint Francis Dam Disaster Na- MANAGEMENT AREA Cramer Menendez Udall tional Memorial and National Van Hollen Sec. 1421. Vinagre Wash Special Manage- Crapo Merkley Monument. Daines Moran Warner ment Area. Warren Sec. 1112. Owyhee Wilderness Areas bound- Duckworth Murkowski PART III—NATIONAL PARK SYSTEM Durbin Murphy Whitehouse ary modifications. ADDITIONS Enzi Murray Wicker Sec. 1113. Chugach Region land study. Ernst Perdue Wyden Sec. 1114. Wildfire technology moderniza- Sec. 1431. Death Valley National Park Feinstein Peters Young tion. boundary revision.

VerDate Sep 11 2014 02:58 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0655 E:\CR\FM\G12FE6.031 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1197 Sec. 1432. Mojave National Preserve. Sec. 2402. Historically Black Colleges and TITLE VII—WILDLIFE HABITAT AND Sec. 1433. Joshua Tree National Park. Universities Historic Preserva- CONSERVATION PART IV—OFF-HIGHWAY VEHICLE RECREATION tion program reauthorized. Sec. 7001. Wildlife habitat and conservation. AREAS Sec. 2402A. John H. Chafee Coastal Barrier Sec. 7002. Reauthorization of Neotropical Sec. 1441. Off-highway vehicle recreation Resources System. Migratory Bird Conservation areas. Sec. 2403. Authorizing cooperative manage- Act. ment agreements between the PART V—MISCELLANEOUS Sec. 7003. John H. Chafee Coastal Barrier District of Columbia and the Resources System. Sec. 1451. Transfer of land to Anza-Borrego Secretary of the Interior. TITLE VIII—WATER AND POWER Desert State Park. Sec. 2404. Fees for Medical Services. Sec. 1452. Wildlife corridors. Sec. 2405. Authority to grant easements and Subtitle A—Reclamation Title Transfer Sec. 1453. Prohibited uses of acquired, do- rights-of-way over Federal Sec. 8001. Purpose. nated, and conservation land. lands within Gateway National Sec. 8002. Definitions. Sec. 1454. Tribal uses and interests. Recreation Area. Sec. 8003. Authorization of transfers of title Sec. 1455. Release of Federal reversionary Sec. 2406. Adams Memorial Commission. to eligible facilities. land interests. Sec. 2407. Technical corrections to ref- Sec. 8004. Eligibility criteria. Sec. 1456. California State school land. Sec. 8005. Liability. Sec. 1457. Designation of wild and scenic riv- erences to the African Amer- ican Civil Rights Network. Sec. 8006. Benefits. ers. Sec. 8007. Compliance with other laws. Sec. 1458. Conforming amendments. Sec. 2408. Transfer of the James J. Howard Sec. 1459. Juniper Flats. Marine Sciences Laboratory. Subtitle B—Endangered Fish Recovery Sec. 1460. Conforming amendments to Cali- Sec. 2409. Bows in parks. Programs fornia Military Lands With- Sec. 2410. Wildlife management in parks. Sec. 8101. Extension of authorization for an- drawal and Overflights Act of Sec. 2411. Pottawattamie County rever- nual base funding of fish recov- 1994. sionary interest. ery programs; removal of cer- Sec. 1461. Desert tortoise conservation cen- Sec. 2412. Designation of Dean Stone Bridge. tain reporting requirement. ter. Subtitle F—National Trails and Related Sec. 8102. Report on recovery implementa- TITLE II—NATIONAL PARKS Matters tion programs. Subtitle A—Special Resource Studies Sec. 2501. North Country Scenic Trail Route Subtitle C—Yakima River Basin Water Enhancement Project Sec. 2001. Special resource study of James K. adjustment. Polk presidential home. Sec. 2502. Extension of Lewis and Clark Na- Sec. 8201. Authorization of phase III. Sec. 2002. Special resource study of tional Historic Trail. Sec. 8202. Modification of purposes and defi- Thurgood Marshall school. Sec. 2503. American Discovery Trail signage. nitions. Sec. 2003. Special resource study of Presi- Sec. 2504. Pike National Historic Trail Sec. 8203. Yakima River Basin Water Con- dent Street Station. study. servation Program. Sec. 2004. Amache special resource study. TITLE III—CONSERVATION Sec. 8204. Yakima Basin water projects, op- Sec. 2005. Special resource study of George AUTHORIZATIONS erations, and authorizations. W. Bush Childhood Home. Sec. 3001. Reauthorization of Land and Subtitle D—Bureau of Reclamation Facility Subtitle B—National Park System Boundary Water Conservation Fund. Conveyances Adjustments and Related Matters Sec. 3002. Conservation incentives land- Sec. 8301. Conveyance of Maintenance Com- Sec. 2101. Shiloh National Military Park owner education program. plex and District Office of the boundary adjustment. TITLE IV—SPORTSMEN’S ACCESS AND Arbuckle Project, Oklahoma. Sec. 2102. Ocmulgee Mounds National His- RELATED MATTERS Sec. 8302. Contra Costa Canal transfer. torical Park boundary. Subtitle A—National Policy Subtitle E—Project Authorizations Sec. 2103. Kennesaw Mountain National Bat- Sec. 8401. Extension of Equus Beds Division tlefield Park boundary. Sec. 4001. Congressional declaration of na- of the Wichita Project. Sec. 2104. Fort Frederica National Monu- tional policy. ment, Georgia. Subtitle B—Sportsmen’s Access to Federal Subtitle F—Modifications of Existing Sec. 2105. Fort Scott National Historic Site Land Programs boundary. Sec. 4101. Definitions. Sec. 8501. Watersmart. Sec. 2106. Florissant Fossil Beds National Sec. 4102. Federal land open to hunting, fish- Subtitle G—Bureau of Reclamation Monument boundary. ing, and recreational shooting. Transparency Sec. 2107. Voyageurs National Park bound- Sec. 4103. Closure of Federal land to hunt- Sec. 8601. Definitions. ary adjustment. ing, fishing, and recreational Sec. 8602. Asset Management Report en- Sec. 2108. Acadia National Park boundary. shooting. Sec. 2109. Authority of Secretary of the In- hancements for reserved works. Sec. 4104. Shooting ranges. terior to accept certain prop- Sec. 8603. Asset Management Report en- Sec. 4105. Identifying opportunities for erties, Missouri. hancements for transferred recreation, hunting, and fishing Sec. 2110. Home of Franklin D. Roosevelt works. on Federal land. National Historic Site. TITLE IX—MISCELLANEOUS Subtitle C—Open Book on Equal Access to Subtitle C—National Park System Sec. 9001. Every Kid Outdoors Act. Justice Redesignations Sec. 9002. Good Samaritan Search and Re- Sec. 2201. Designation of Saint-Gaudens Na- Sec. 4201. Federal action transparency. covery Act. tional Historical Park. Subtitle D—Migratory Bird Framework and Sec. 9003. 21st Century Conservation Service Sec. 2202. Redesignation of Robert Emmet Hunting Opportunities for Veterans Corps Act. Park. Sec. 4301. Federal closing date for hunting of Sec. 9004. National Nordic Museum Act. Sec. 9005. Designation of National George C. Sec. 2203. Fort Sumter and Fort Moultrie ducks, mergansers, and coots. Marshall Museum and Library. National Historical Park. Subtitle E—Miscellaneous Sec. 2204. Reconstruction Era National His- Sec. 9006. 21st Century Respect Act. torical Park and Reconstruc- Sec. 4401. Respect for treaties and rights. Sec. 9007. American World War II Heritage tion Era National Historic Net- Sec. 4402. No priority. Cities. work. Sec. 4403. State authority for fish and wild- Sec. 9008. Quindaro Townsite National Com- Sec. 2205. Golden Spike National Historical life. memorative Site. Park. TITLE V—HAZARDS AND MAPPING Sec. 9009. Designation of National Comedy Center in Jamestown, New Sec. 2206. World War II Pacific sites. Sec. 5001. National Volcano Early Warning York. Subtitle D—New Units of the National Park and Monitoring System. Sec. 9010. John H. Chafee Coastal Barrier System Sec. 5002. Reauthorization of National Geo- Resources System. Sec. 2301. Medgar and Myrlie Evers Home logic Mapping Act of 1992. SEC. 2. DEFINITION OF SECRETARY. National Monument. TITLE VI—NATIONAL HERITAGE AREAS Sec. 2302. Mill Springs Battlefield National In this Act, the term ‘‘Secretary’’ means Sec. 6001. National Heritage Area designa- the Secretary of the Interior. Monument. tions. TITLE I—PUBLIC LAND AND FORESTS Sec. 2303. Camp Nelson Heritage National Sec. 6002. Adjustment of boundaries of Lin- Monument. coln National Heritage Area. Subtitle A—Land Exchanges and Subtitle E—National Park System Sec. 6003. Finger Lakes National Heritage Conveyances Management Area study. SEC. 1001. CRAGS LAND EXCHANGE, COLORADO. Sec. 2401. Denali National Park and Pre- Sec. 6004. National Heritage Area amend- (a) PURPOSES.—The purposes of this section serve natural gas pipeline. ments. are—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1198 CONGRESSIONAL RECORD — SENATE February 12, 2019

(1) to authorize, direct, expedite and facili- (1) APPRAISALS.—The values of the lands to (3) EXCHANGE TIMETABLE.—It is the intent tate the land exchange set forth herein; and be exchanged under this section shall be de- of Congress that the land exchange directed (2) to promote enhanced public outdoor termined by the Secretary through apprais- by this section be consummated no later recreational and natural resource conserva- als performed— than 1 year after the date of enactment of tion opportunities in the Pike National For- (A) in accordance with— this Act. est near Pikes Peak, Colorado, via acquisi- (i) the Uniform Appraisal Standards for (4) MAPS, ESTIMATES, AND DESCRIPTIONS.— tion of the non-Federal land and trail ease- Federal Land Acquisitions; (A) MINOR ERRORS.—The Secretary and BHI ment. (ii) the Uniform Standards of Professional may by mutual agreement make minor (b) DEFINITIONS.—In this section: Appraisal Practice; and boundary adjustments to the Federal and (1) BHI.—The term ‘‘BHI’’ means (iii) appraisal instructions issued by the non-Federal lands involved in the exchange, Broadmoor Hotel, Inc., a Colorado corpora- Secretary; and and may correct any minor errors in any tion. (B) by an appraiser mutually agreed to by map, acreage estimate, or description of any (2) FEDERAL LAND.—The term ‘‘Federal the Secretary and BHI. land to be exchanged. land’’ means all right, title, and interest of (2) EQUAL VALUE EXCHANGE.—The values of (B) CONFLICT.—If there is a conflict be- the United States in and to approximately 83 the Federal land and non-Federal land par- tween a map, an acreage estimate, or a de- acres of land within the Pike National For- cels exchanged shall be equal, or if they are scription of land under this section, the map est, El Paso County, Colorado, together with not equal, shall be equalized as follows: shall control unless the Secretary and BHI a nonexclusive perpetual access easement to (A) SURPLUS OF FEDERAL LAND VALUE.—If mutually agree otherwise. BHI to and from such land on Forest Service the final appraised value of the Federal land (C) AVAILABILITY.—Upon enactment of this Road 371, as generally depicted on the map exceeds the final appraised value of the non- Act, the Secretary shall file and make avail- entitled ‘‘Proposed Crags Land Exchange– Federal land parcel identified in subsection able for public inspection in the head- Federal Parcel–Emerald Valley Ranch’’ and (b)(3)(A), BHI shall make a cash equalization quarters of the Pike-San Isabel National dated March 2015. payment to the United States as necessary Forest a copy of all maps referred to in this (3) NON-FEDERAL LAND.—The term ‘‘non- to achieve equal value, including, if nec- section. Federal land’’ means the land and trail ease- essary, an amount in excess of that author- SEC. 1002. ARAPAHO NATIONAL FOREST BOUND- ment to be conveyed to the Secretary by BHI ized pursuant to section 206(b) of the Federal ARY ADJUSTMENT. in the exchange and is— Land Policy and Management Act of l976 (43 (a) IN GENERAL.—The boundary of the (A) approximately 320 acres of land within U.S.C. 1716(b)). Arapaho National Forest in the State of Col- the Pike National Forest, Teller County, (B) USE OF FUNDS.—Any cash equalization orado is adjusted to incorporate the approxi- Colorado, as generally depicted on the map moneys received by the Secretary under sub- mately 92.95 acres of land generally depicted entitled ‘‘Proposed Crags Land Exchange– paragraph (A) shall be— as ‘‘The Wedge’’ on the map entitled ‘‘Arap- Non-Federal Parcel–Crags Property’’ and (i) deposited in the fund established under aho National Forest Boundary Adjustment’’ dated March 2015; and Public Law 90–171 (commonly known as the and dated November 6, 2013, and described as (B) a permanent trail easement for the ‘‘Sisk Act’’; 16 U.S.C. 484a); and lots three, four, eight, and nine of section 13, Barr Trail in El Paso County, Colorado, as (ii) made available to the Secretary for the Township 4 North, Range 76 West, Sixth generally depicted on the map entitled ‘‘Pro- acquisition of land or interests in land in Re- Principal Meridian, Colorado. A lot described posed Crags Land Exchange–Barr Trail Ease- gion 2 of the Forest Service. in this subsection may be included in the ment to United States’’ and dated March (C) SURPLUS OF NON-FEDERAL LAND boundary adjustment only after the Sec- 2015, and which shall be considered as a vol- VALUE.—If the final appraised value of the retary of Agriculture obtains written per- untary donation to the United States by BHI non-Federal land parcel identified in sub- mission for such action from the lot owner for all purposes of law. section (b)(3)(A) exceeds the final appraised or owners. (4) SECRETARY.—The term ‘‘Secretary’’ value of the Federal land, the United States (b) BOWEN GULCH PROTECTION AREA.—The means the Secretary of Agriculture, unless shall not make a cash equalization payment Secretary of Agriculture shall include all otherwise specified. to BHI, and surplus value of the non-Federal Federal land within the boundary described (c) LAND EXCHANGE.— land shall be considered a donation by BHI in subsection (a) in the Bowen Gulch Protec- (1) IN GENERAL.—If BHI offers to convey to to the United States for all purposes of law. tion Area established under section 6 of the the Secretary all right, title, and interest of (3) APPRAISAL EXCLUSIONS.— Colorado Wilderness Act of 1993 (16 U.S.C. BHI in and to the non-Federal land, the Sec- (A) SPECIAL USE PERMIT.—The appraised 539j). retary shall accept the offer and simulta- value of the Federal land parcel shall not re- (c) LAND AND WATER CONSERVATION FUND.— neously convey to BHI the Federal land. flect any increase or diminution in value due For purposes of section 200306(a)(2)(B)(i) of (2) LAND TITLE.—Title to the non-Federal to the special use permit existing on the date title 54, United States Code, the boundaries land conveyed and donated to the Secretary of enactment of this Act to BHI on the par- of the Arapaho National Forest, as modified under this section shall be acceptable to the cel and improvements thereunder. under subsection (a), shall be considered to Secretary and shall conform to the title ap- (B) BARR TRAIL EASEMENT.—The Barr Trail be the boundaries of the Arapaho National proval standards of the Attorney General of easement donation identified in subsection Forest as in existence on January 1, 1965. the United States applicable to land acquisi- (b)(3)(B) shall not be appraised for purposes (d) PUBLIC MOTORIZED USE.—Nothing in tions by the Federal Government. of this section. this section opens privately owned lands (3) PERPETUAL ACCESS EASEMENT TO BHI.— (e) MISCELLANEOUS PROVISIONS.— within the boundary described in subsection The nonexclusive perpetual access easement (1) WITHDRAWAL PROVISIONS.— (a) to public motorized use. to be granted to BHI as shown on the map re- (A) WITHDRAWAL.—Lands acquired by the (e) ACCESS TO NON-FEDERAL LANDS.—Not- ferred to in subsection (b)(2) shall allow— Secretary under this section shall, without withstanding the provisions of section 6(f) of (A) BHI to fully maintain, at BHI’s ex- further action by the Secretary, be perma- the Colorado Wilderness Act of 1993 (16 pense, and use Forest Service Road 371 from nently withdrawn from all forms of appro- U.S.C. 539j(f)) regarding motorized travel, its junction with Forest Service Road 368 in priation and disposal under the public land the owners of any non-Federal lands within accordance with historic use and mainte- laws (including the mining and mineral leas- the boundary described in subsection (a) who nance patterns by BHI; and ing laws) and the Geothermal Steam Act of historically have accessed their lands (B) full and continued public and adminis- 1930 (30 U.S.C. 1001 et seq.). through lands now or hereafter owned by the trative access and use of Forest Service Road (B) WITHDRAWAL REVOCATION.—Any public United States within the boundary described 371 in accordance with the existing Forest land order that withdraws the Federal land in subsection (a) shall have the continued Service travel management plan, or as such from appropriation or disposal under a public right of motorized access to their lands plan may be revised by the Secretary. land law shall be revoked to the extent nec- across the existing roadway. (4) ROUTE AND CONDITION OF ROAD.—BHI and essary to permit disposal of the Federal land SEC. 1003. SANTA ANA RIVER WASH PLAN LAND the Secretary may mutually agree to im- parcel to BHI. EXCHANGE. prove, relocate, reconstruct, or otherwise (C) WITHDRAWAL OF FEDERAL LAND.—All (a) DEFINITIONS.—In this section: alter the route and condition of all or por- Federal land authorized to be exchanged (1) CONSERVATION DISTRICT.—The term tions of such road as the Secretary, in close under this section, if not already withdrawn ‘‘Conservation District’’ means the San consultation with BHI, may determine advis- or segregated from appropriation or disposal Bernardino Valley Water Conservation Dis- able. under the public lands laws upon enactment trict, a political subdivision of the State of (5) EXCHANGE COSTS.—BHI shall pay for all of this Act, is hereby so withdrawn, subject California. land survey, appraisal, and other costs to the to valid existing rights, until the date of (2) FEDERAL EXCHANGE PARCEL.—The term Secretary as may be necessary to process conveyance of the Federal land to BHI. ‘‘Federal exchange parcel’’ means the ap- and consummate the exchange directed by (2) POSTEXCHANGE LAND MANAGEMENT.— proximately 90 acres of Federal land admin- this section, including reimbursement to the Land acquired by the Secretary under this istered by the Bureau of Land Management Secretary, if the Secretary so requests, for section shall become part of the Pike-San generally depicted as ‘‘BLM Equalization staff time spent in such processing and con- Isabel National Forest and be managed in ac- Land to SBVWCD’’ on the Map and is to be summation. cordance with the laws, rules, and regula- conveyed to the Conservation District if nec- (d) EQUAL VALUE EXCHANGE AND APPRAIS- tions applicable to the National Forest Sys- essary to equalize the fair market values of ALS.— tem. the lands otherwise to be exchanged.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1199

(3) FEDERAL LAND.—The term ‘‘Federal of the Federal exchange parcel, the Sec- non-Federal land to enable economic devel- land’’ means the approximately 327 acres of retary shall order the exchange without re- opment of the non-Federal land. Federal land administered by the Bureau of quirement of any additional equalization (2) LEGAL DESCRIPTIONS.—As soon as prac- Land Management generally depicted as payment by the United States to the Con- ticable after the date of enactment of this ‘‘BLM Land to SBVWCD’’ on the Map. servation District. Act, the exact legal descriptions of the non- (4) MAP.—The term ‘‘Map’’ means the map (3) APPRAISALS.— Federal land shall be determined in a man- entitled ‘‘Santa Ana River Wash Land Ex- (A) The value of the land to be exchanged ner satisfactory to the Secretary. change’’ and dated September 3, 2015. under this section shall be determined by ap- (3) ADDITIONAL TERMS AND CONDITIONS.— (5) NON-FEDERAL EXCHANGE PARCEL.—The praisals conducted by one or more inde- The Secretary may require such additional term ‘‘non-Federal exchange parcel’’ means pendent and qualified appraisers. terms and conditions to the conveyance the approximately 59 acres of land owned by (B) The appraisals shall be conducted in ac- under paragraph (1), consistent with that the Conservation District generally depicted cordance with nationally recognized ap- paragraph, as the Secretary considers appro- as ‘‘SBVWCD Equalization Land’’ on the praisal standards, including, as appropriate, priate to protect the interests of the United Map and is to be conveyed to the United the Uniform Appraisal Standards for Federal States. States if necessary to equalize the fair mar- Land Acquisitions and the Uniform Stand- (4) COSTS.—The City shall pay all costs as- ket values of the lands otherwise to be ex- ards of Professional Appraisal Practice. sociated with the conveyance under para- changed. (4) TITLE APPROVAL.—Title to the land to graph (1), consistent with that paragraph, in- (6) NON-FEDERAL LAND.—The term ‘‘non- be exchanged under this section shall be in a cluding the costs of any surveys, recording Federal Land’’ means the approximately 310 format acceptable to the Secretary and the costs, and other reasonable costs. acres of land owned by the Conservation Dis- Conservation District. SEC. 1005. CONFIRMATION OF STATE LAND trict generally depicted as ‘‘SBVWCD to (5) MAP AND LEGAL DESCRIPTIONS.—As soon GRANTS. BLM’’ on the Map. as practicable after the date of enactment of (a) IN GENERAL.—Subject to valid existing (b) EXCHANGE OF LAND; EQUALIZATION OF this Act, the Secretary shall finalize a map rights, the State of Utah may select any VALUE.— and legal descriptions of all land to be con- lands in T. 6 S. and T. 7 S., R. 1 W., Salt Lake (1) EXCHANGE AUTHORIZED.—Notwith- veyed under this section. The Secretary may Base and Meridian, that are owned by the standing the land use planning requirements correct any minor errors in the map or in United States, under the administrative ju- of sections 202, 210, and 211 of the Federal the legal descriptions. The map and legal de- Land Policy and Management Act of 1976 (43 risdiction of the Bureau of Land Manage- scriptions shall be on file and available for U.S.C. 1712, 1720, 1721), subject to valid exist- ment, and identified as available for disposal public inspection in appropriate offices of ing rights, and conditioned upon any equali- by land exchange in the Record of Decision the Bureau of Land Management. zation payment necessary under section for the Pony Express Resource Management (6) COSTS OF CONVEYANCE.—As a condition 206(b) of the Federal Land Policy and Man- Plan and Rangeland Program Summary for of conveyance, any costs related to the con- agement Act of 1976 (43 U.S.C. 1716(b)), and Utah County (January 1990), as amended by veyance under this section shall be paid by paragraph (2), as soon as practicable, but not the Pony Express Plan Amendment (Novem- the Conservation District. later than 2 years after the date of enact- ber 1997), in fulfillment of the land grants (c) APPLICABLE LAW.— ment of this Act, if the Conservation Dis- made in sections 6, 8, and 12 of the Act of (1) ACT OF FEBRUARY 20, 1909.— trict offers to convey the exchange land to July 16, 1894 (28 Stat. 107) as generally de- (A) The Act of February 20, 1909 (35 Stat. the United States, the Secretary shall— picted on the map entitled ‘‘Proposed Utah (A) convey to the Conservation District all 641), shall not apply to the Federal land and County Quantity Grants’’ and dated June 27, right, title, and interest of the United States any public exchange land transferred under 2017, to further the purposes of the State of in and to the Federal land, and any such por- this section. Utah School and Institutional Trust Lands tion of the Federal exchange parcel as may (B) The exchange of lands under this sec- Administration, without further land use be required to equalize the values of the tion shall be subject to continuing rights of planning action by the Bureau of Land Man- lands exchanged; and the Conservation District under the Act of agement. (B) accept from the Conservation District a February 20, 1909 (35 Stat. 641), on the non- (b) APPLICATION.—The criteria listed in De- conveyance of all right, title, and interest of Federal land and any exchanged portion of cision 3 of the Lands Program of the re- the Conservation District in and to the non- the non-Federal exchange parcel for the con- source management plan described in sub- Federal land, and any such portion of the tinued use, maintenance, operation, con- section (a) shall not apply to any land se- non-Federal exchange parcel as may be re- struction, or relocation of, or expansion of, lected under that subsection. quired to equalize the values of the lands ex- groundwater recharge facilities on the non- (c) EFFECT ON LIMITATION.—Nothing in this changed. Federal land, to accommodate groundwater section affects the limitation established (2) EQUALIZATION PAYMENT.—To the extent recharge of the Bunker Hill Basin to the ex- under section 2815(d) of the National Defense an equalization payment is necessary under tent that such activities are not in conflict Authorization Act for Fiscal Year 2000 (Pub- section 206(b) of the Federal Land Policy and with any Habitat Conservation Plan or Habi- lic Law 106–65). Management Act of 1976 (43 U.S.C. 1716(b)), tat Management Plan under which such non- SEC. 1006. CUSTER COUNTY AIRPORT CONVEY- the amount of such equalization payment Federal land or non-Federal exchange parcel ANCE. shall first be made by way of in-kind transfer may be held or managed. (a) DEFINITIONS.—In this section: of such portion of the Federal exchange par- (2) FLPMA.—Except as otherwise provided (1) COUNTY.—The term ‘‘County’’ means cel to the Conservation District, or transfer in this section, the Federal Land Policy and Custer County, South Dakota. of such portion of the non-Federal exchange Management Act of 1976 (43 U.S.C. 1701 et (2) FEDERAL LAND.—The term ‘‘Federal parcel to the United States, as the case may seq.), shall apply to the exchange of land land’’ means all right, title, and interest of be, as may be necessary to equalize the fair under this section. the United States in and to approximately market values of the exchanged properties. (d) CANCELLATION OF SECRETARIAL ORDER 65.7 acres of National Forest System land, as The fair market value of the Federal ex- 241.—Secretarial Order 241, dated November generally depicted on the map. change parcel or non-Federal exchange par- 11, 1929 (withdrawing a portion of the Federal (3) MAP.—The term ‘‘map’’ means the map cel, as the case may be, shall be credited land for an unconstructed transmission line), entitled ‘‘Custer County Airport Convey- against any required equalization payment. is terminated and the withdrawal thereby ef- ance’’ and dated October 19, 2017. To the extent such credit is not sufficient to fected is revoked. (4) SECRETARY.—The term ‘‘Secretary’’ offset the entire amount of equalization pay- SEC. 1004. UDALL PARK LAND EXCHANGE. means the Secretary of Agriculture, acting ment so indicated, any remaining amount of (a) DEFINITIONS.—In this section: through the Chief of the Forest Service. equalization payment shall be treated as fol- (1) CITY.—The term ‘‘City’’ means the city (b) LAND CONVEYANCE.— lows: of Tucson, Arizona. (1) IN GENERAL.—Subject to the terms and (A) If the equalization payment is to equal- (2) NON-FEDERAL LAND.—The term ‘‘non- conditions described in paragraph (2), if the ize values by which the Federal land exceeds Federal land’’ means the approximately County submits to the Secretary an offer to the non-Federal land and the credited value 172.8-acre parcel of City land identified in acquire the Federal land for the market of the non-Federal exchange parcel, Con- the patent numbered 02–90–0001 and dated Oc- value, as determined by the appraisal under servation District may make the equali- tober 4, 1989, and more particularly described paragraph (3), the Secretary shall convey the zation payment to the United States, not- as lots 3 and 4, S1⁄2NW1⁄4, sec. 5, T.14 S., R.15 Federal land to the County. withstanding any limitation regarding the E., Gila and Salt River Meridian, Arizona. (2) TERMS AND CONDITIONS.—The convey- amount of the equalization payment under (b) CONVEYANCE OF FEDERAL REVERSIONARY ance under paragraph (1) shall be— section 206(b) of the Federal Land Policy and INTEREST IN LAND LOCATED IN TUCSON, ARI- (A) subject to valid existing rights; Management Act of 1976 (43 U.S.C. 1716(b)). In ZONA.— (B) made by quitclaim deed; and the event Conservation District opts not to (1) IN GENERAL.—Notwithstanding any (C) subject to any other terms and condi- make the indicated equalization payment, other provision of law, the Secretary shall tions as the Secretary considers appropriate the exchange shall not proceed. convey to the City, without consideration, to protect the interests of the United States. (B) If the equalization payment is to equal- the reversionary interests of the United (3) APPRAISAL.— ize values by which the non-Federal land ex- States in and to the non-Federal land for the (A) IN GENERAL.—Not later than 60 days ceeds the Federal land and the credited value purpose of unencumbering the title to the after the date of enactment of this Act, the

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1200 CONGRESSIONAL RECORD — SENATE February 12, 2019 Secretary shall complete an appraisal to de- the approximately 13.24 acres of Federal Tribe or any obligation of the United States termine the market value of the Federal lands generally depicted on the map as ‘‘Par- under Public Law 95–375. land. cel B’’. SEC. 1008. LA PAZ COUNTY LAND CONVEYANCE. (B) STANDARDS.—The appraisal under sub- (B) DETERMINATION OF FAIR MARKET paragraph (A) shall be conducted in accord- VALUE.—The fair market value of the prop- (a) DEFINITIONS.—In this section: ance with— erty to be conveyed under subparagraph (A) (1) COUNTY.—The term ‘‘County’’ means La (i) the Uniform Appraisal Standards for shall be determined by the Secretary in ac- Paz County, Arizona. Federal Land Acquisitions; and cordance with the Uniform Appraisal Stand- (2) FEDERAL LAND.—The term ‘‘Federal (ii) the Uniform Standards of Professional ards for Federal Land Acquisitions and the land’’ means the approximately 5,935 acres of Appraisal Practice. Uniform Standards of Professional Appraisal land managed by the Bureau of Land Man- (4) MAP.— Practice. agement and designated as ‘‘Federal land to (A) AVAILABILITY OF MAP.—The map shall (C) COSTS OF CONVEYANCE.—As a condition be conveyed’’ on the map. be kept on file and available for public in- of the conveyance under this paragraph, all (3) MAP.—The term ‘‘map’’ means the map spection in the appropriate office of the For- costs associated with the conveyance shall prepared by the Bureau of Land Management est Service. be paid by the District. entitled ‘‘Proposed La Paz County Land Con- (B) CORRECTION OF ERRORS.—The Secretary (2) PARCEL C.— veyance’’ and dated October 1, 2018. may correct any errors in the map. (A) IN GENERAL.—If, not later than 1 year (b) CONVEYANCE TO LA PAZ COUNTY, ARI- (5) CONSIDERATION.—As consideration for after the completion of the appraisal re- ZONA.— the conveyance under paragraph (1), the quired by subparagraph (C), the District sub- (1) IN GENERAL.—Notwithstanding the plan- County shall pay to the Secretary an mits to the Secretary an offer to acquire the ning requirement of sections 202 and 203 of amount equal to the market value of the Federal reversionary interest in all of the the Federal Land Policy and Management Federal land, as determined by the appraisal approximately 27.5 acres of land conveyed to Act of 1976 (43 U.S.C. 1712, 1713) and in ac- under paragraph (3). the District under Recreation and Public cordance with this section and other applica- (6) SURVEY.—The exact acreage and legal Purposes Act and generally depicted on the ble law, as soon as practicable after receiv- description of the Federal land to be con- map as ‘‘Parcel C’’, the Secretary shall con- veyed under paragraph (1) shall be deter- vey to the District such reversionary inter- ing a request from the County to convey the mined by a survey satisfactory to the Sec- est in the lands covered by the offer. The Federal land, the Secretary shall convey the retary. Secretary shall complete the conveyance not Federal land to the County. (2) RESTRICTIONS ON CONVEYANCE.— (7) COSTS OF CONVEYANCE.—As a condition later than 30 days after the date of the offer. (A) IN GENERAL.—The conveyance under on the conveyance under paragraph (1), the (B) SURVEY.—Not later than 90 days after County shall pay to the Secretary all costs the date of enactment of this Act, the Sec- paragraph (1) shall be subject to— associated with the conveyance, including retary shall complete a survey of the lands (i) valid existing rights; and the cost of— described in this paragraph to determine the (ii) such terms and conditions as the Sec- (A) the appraisal under paragraph (3); and precise boundaries and acreage of the lands retary determines to be necessary. (B) the survey under paragraph (6). subject to the Federal reversionary interest. (B) EXCLUSION.—The Secretary shall ex- clude from the conveyance under paragraph (8) PROCEEDS FROM THE SALE OF LAND.—Any (C) APPRAISAL.—Not later than 180 days proceeds received by the Secretary from the after the date of enactment of this Act, the (1) any Federal land that contains signifi- conveyance under paragraph (1) shall be— Secretary shall complete an appraisal of the cant cultural, environmental, wildlife, or (A) deposited in the fund established under Federal reversionary interest in the lands recreational resources. Public Law 90–171 (commonly known as the identified by the survey required by subpara- (3) PAYMENT OF FAIR MARKET VALUE.—The ‘‘Sisk Act’’) (16 U.S.C. 484a); and graph (B). The appraisal shall be completed conveyance under paragraph (1) shall be for (B) available to the Secretary until ex- in accordance with the Uniform Appraisal the fair market value of the Federal land to pended, without further appropriation, for Standards for Federal Land Acquisitions and be conveyed, as determined— the acquisition of inholdings in units of the the Uniform Standards of Professional Ap- (A) in accordance with the Federal Land National Forest System in the State of praisal Practice. Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and South Dakota. (D) CONSIDERATION.—As consideration for SEC. 1007. PASCUA YAQUI TRIBE LAND CONVEY- the conveyance of the Federal reversionary (B) based on an appraisal that is conducted ANCE. interest under this paragraph, the District in accordance with— (a) DEFINITIONS.—In this section: shall pay to the Secretary an amount equal (i) the Uniform Appraisal Standards for (1) DISTRICT.—The term ‘‘District’’ means to the appraised value of the Federal inter- Federal Land Acquisitions; and the Tucson Unified School District No. 1, a est, as determined under subparagraph (C). (ii) the Uniform Standards of Professional school district recognized as such under the The consideration shall be paid not later Appraisal Practice. laws of the State of Arizona. than 30 days after the date of the convey- (4) PROTECTION OF TRIBAL CULTURAL ARTI- (2) MAP.—The term ‘‘Map’’ means the map ance. FACTS.—As a condition of the conveyance under paragraph (1), the County shall, and as entitled ‘‘ ‘Pascua Yaqui Tribe Land Convey- (E) COSTS OF CONVEYANCE.—As a condition ance Act’’, dated March 14, 2016, and on file of the conveyance under this paragraph, all a condition of any subsequent conveyance, and available for public inspection in the costs associated with the conveyance, in- any subsequent owner shall— local office of the Bureau of Land Manage- cluding the cost of the survey required by (A) make good faith efforts to avoid dis- ment. subparagraph (B) and the appraisal required turbing Tribal artifacts; (3) RECREATION AND PUBLIC PURPOSES ACT.— by subparagraph (C), shall be paid by the (B) minimize impacts on Tribal artifacts if The term ‘‘Recreation and Public Purposes District. they are disturbed; Act’’ means the Act of June 14, 1926 (43 (d) GAMING PROHIBITION.—The Tribe may (C) coordinate with the Colorado River In- U.S.C. 869 et seq.). not conduct gaming activities on lands dian Tribes Tribal Historic Preservation Of- (4) TRIBE.—The term ‘‘Tribe’’ means the taken into trust pursuant to this section, ei- fice to identify artifacts of cultural and his- Pascua Yaqui Tribe of Arizona, a federally ther as a matter of claimed inherent author- toric significance; and recognized Indian Tribe. ity, under the authority of any Federal law, (D) allow Tribal representatives to rebury (b) LAND TO BE HELD IN TRUST.— including the Indian Gaming Regulatory Act unearthed artifacts at or near where they (1) PARCEL A.—Subject to paragraph (2) and (25 U.S.C. 2701 et seq.), or under regulations were discovered. to valid existing rights, all right, title, and promulgated by the Secretary or the Na- (5) AVAILABILITY OF MAP.— interest of the United States in and to the tional Indian Gaming Commission. (A) IN GENERAL.—The map shall be on file approximately 39.65 acres of Federal lands (e) WATER RIGHTS.— and available for public inspection in the ap- generally depicted on the map as ‘‘Parcel A’’ (1) IN GENERAL.—There shall be no Federal propriate offices of the Bureau of Land Man- are declared to be held in trust by the United reserved right to surface water or ground- agement. States for the benefit of the Tribe. water for any land taken into trust by the (B) CORRECTIONS.—The Secretary and the (2) EFFECTIVE DATE.—Paragraph (1) shall United States for the benefit of the Tribe County may, by mutual agreement— take effect on the day after the date on under this section. (i) make minor boundary adjustments to which the District relinquishes all right, (2) STATE WATER RIGHTS.—The Tribe re- the Federal land to be conveyed under para- title, and interest of the District in and to tains any right or claim to water under graph (1); and the approximately 39.65 acres of land de- State law for any land taken into trust by (ii) correct any minor errors in the map, an scribed in paragraph (1). the United States for the benefit of the Tribe acreage estimate, or the description of the (c) LANDS TO BE CONVEYED TO THE DIS- under this section. Federal land. TRICT.— (3) FORFEITURE OR ABANDONMENT.—Any (6) WITHDRAWAL.—The Federal land is (1) PARCEL B.— water rights that are appurtenant to land withdrawn from the operation of the mining (A) IN GENERAL.—Subject to valid existing taken into trust by the United States for the and mineral leasing laws of the United rights and payment to the United States of benefit of the Tribe under this section may States. the fair market value, the United States not be forfeited or abandoned. (7) COSTS.—As a condition of the convey- shall convey to the District all right, title, (4) ADMINISTRATION.—Nothing in this sec- ance of the Federal land under paragraph (1), and interest of the United States in and to tion affects or modifies any right of the the County shall pay—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1201 (A) an amount equal to the appraised value this Act, the Secretary shall file, and make (1) convey to the owner of a private resi- determined in accordance with paragraph available for public inspection in the appro- dence located at 3787 Valhalla Road in Island (3)(B); and priate offices of the Bureau of Land and Park, Idaho (in this section referred to as (B) all costs related to the conveyance, in- Management, the Map and legal descriptions the ‘‘owner’’), all right, title, and interest of cluding all surveys, appraisals, and other ad- of the omitted land to be conveyed under the United States in and to the approxi- ministrative costs associated with the con- subsection (b). mately 0.5 acres of Federal land in the veyance of the Federal land to the County SEC. 1010. LAKE FANNIN LAND CONVEYANCE. Henry’s Lake Wilderness Study Area de- under paragraph (1). (a) DEFINITIONS.—In this section: scribed as lot 14, section 33, Township 16 (8) PROCEEDS FROM THE SALE OF LAND.—The (1) COUNTY.—The term ‘‘County’’ means North, Range 43 East, Boise Meridian, Fre- proceeds from the sale of land under this Fannin County, Texas. mont County, Idaho; and subsection shall be— (2) MAP.—The term ‘‘map’’ means the map (2) grant Fall River Electric in Ashton, (A) deposited in the Federal Land Disposal entitled ‘‘Lake Fannin Conveyance’’ and Idaho, the right to operate, maintain, and re- Account established by section 206(a) of the dated November 21, 2013. habilitate a right-of-way encumbering ap- Federal Land Transaction Facilitation Act (3) NATIONAL FOREST SYSTEM LAND.—The proximately 0.4 acres of Federal land in the (43 U.S.C. 2305(a)); and term ‘‘National Forest System land’’ means Henry’s Lake Wilderness Study Area de- (B) used in accordance with that Act (43 the approximately 2,025 acres of National scribed as lot 15, section 33, Township 16 U.S.C. 2301 et seq.). Forest System land generally depicted on North, Range 43 East, Boise Meridian, Fre- SEC. 1009. LAKE BISTINEAU LAND TITLE STA- the map. mont County, Idaho, which includes an elec- BILITY. ′ (4) SECRETARY.—The term ‘‘Secretary’’ tric distribution line and access road, 850 in (a) DEFINITIONS.—In this section: means the Secretary of Agriculture, acting length, 20′ in width. (1) CLAIMANT.—The term ‘‘claimant’’ (b) CONSIDERATION; CONDITIONS.— means any individual, group, or corporation through the Chief of the Forest Service. (b) LAND CONVEYANCE.— (1) LAND DISPOSAL.—The Secretary shall authorized to hold title to land or mineral convey the land under subsection (a)(1) in ac- interests in land in the State of Louisiana (1) IN GENERAL.—Subject to the terms and conditions described in paragraph (2), if the cordance with section 203 of the Federal with a valid claim to the omitted land, in- Land Policy and Management Act of 1976 (43 cluding any mineral interests. County submits to the Secretary an offer to acquire the National Forest System land for U.S.C. 1713) and part 2711.3–3 of title 43, Code (2) MAP.—The term ‘‘Map’’ means the map the fair market value, as determined by the of Federal Regulations. As consideration for entitled ‘‘Lands as Delineated by Original the conveyance the owner shall pay to the Survey December 18, 1842 showing the 1969 appraisal under paragraph (3), the Secretary shall convey the National Forest System Secretary an amount equal to the fair mar- Meander Line at the 148.6 Elevation Line’’ ket value as valued by a qualified land ap- and dated January 30, 2018. land to the County. (2) TERMS AND CONDITIONS.—The convey- praisal and approved by the Appraisal and (3) OMITTED LAND.— Valuation Services Office. (A) IN GENERAL.—The term ‘‘omitted land’’ ance under paragraph (1) shall be— (A) subject to valid existing rights; (2) RIGHT-OF-WAY.—The Secretary shall means the land in lots 6, 7, 8, 9, 10, 11, 12, and grant the right-of-way granted under sub- 13 of sec. 30, T. 16 N., R. 10 W., Louisiana Me- (B) made by quitclaim deed; and (C) subject to any other terms and condi- section (a)(2) in accordance with section 205 ridian, comprising a total of approximately of the Federal Land Policy and Management 229.72 acres, as depicted on the Map, that— tions as the Secretary considers appropriate to protect the interests of the United States. Act of 1976 (43 U.S.C. 1715), and part 2800 of (i) was in place during the Original Survey; title 43, Code of Federal Regulations. but (3) APPRAISAL.— (c) ADDITIONAL TERMS AND CONDITIONS.— (ii) was not included in the Original Sur- (A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the The Secretary may require such additional vey. terms and conditions in connection with the (B) INCLUSION.—The term ‘‘omitted land’’ Secretary shall complete an appraisal to de- termine the fair market value of the Na- conveyance of the land and the grant of the includes— right-of-way under this section as the Sec- (i) Peggy’s Island in lot 1 of sec. 17, T. 16 tional Forest System land. (B) STANDARDS.—The appraisal under sub- retary considers appropriate to protect the N., R. 10 W., Louisiana Meridian; and interests of the United States. (ii) Hog Island in lot 1 of sec. 29, T. 16 N., paragraph (A) shall be conducted in accord- R. 10 W., Louisiana Meridian. ance with— SEC. 1012. CONVEYANCE TO UKPEAGVIK INUPIAT CORPORATION. (4) ORIGINAL SURVEY.—The term ‘‘Original (i) the Uniform Appraisal Standards for (a) IN GENERAL.—Not later than 1 year Survey’’ means the survey of land sur- Federal Land Acquisitions; and after the date of enactment of this Act, sub- rounding Lake Bistineau, Louisiana, con- (ii) the Uniform Standards of Professional ject to valid existing rights, the Secretary ducted by the General Land Office in 1838 Appraisal Practice. shall convey to the Ukpeagvik Inupiat Cor- and approved by the Surveyor General on (4) MAP.— poration all right, title, and interest held by December 8, 1842. (A) AVAILABILITY OF MAP.—The map shall (b) CONVEYANCES.— be kept on file and available for public in- the United States in and to sand and gravel (1) IN GENERAL.—Consistent with the first spection in the appropriate office of the For- deposits underlying the surface estate owned section of the Act of December 22, 1928 (com- est Service. by the Ukpeagvik Inupiat Corporation with- monly known as the ‘‘Color of Title Act’’) (45 (B) CORRECTION OF ERRORS.—The Secretary in and contiguous to the Barrow gas fields, Stat. 1069, chapter 47; 43 U.S.C. 1068), except may correct minor errors in the map. and more particularly described as follows: as provided by this section, the Secretary (5) CONSIDERATION.—As consideration for (1) T. 21 N. R. 16 W., secs. 7, 17–18, 19–21, and shall convey to the claimant the omitted the conveyance under paragraph (1), the 28–29, of the Umiat Meridian. land, including any mineral interests, that County shall pay to the Secretary an (2) T. 21 N. R. 17 W., secs. 1–2 and 11–14, of has been held in good faith and in peaceful, amount equal to the fair market value of the the Umiat Meridian. adverse possession by a claimant or an an- National Forest System land, as determined (3) T. 22 N. R. 18 W., secs. 4, 9, and 29–32, of cestor or grantor of the claimant, under by the appraisal under paragraph (3). the Umiat Meridian. claim or color of title, based on the Original (6) SURVEY.—The exact acreage and legal (4) T. 22 N. R. 19 W., secs. 25 and 36, of the Survey. description of the National Forest System Umiat Meridian. (2) CONFIRMATION OF TITLE.—The convey- land to be conveyed under paragraph (1) shall (b) ENTITLEMENT FULFILLED.—The convey- ance or patent of omitted land to a claimant be determined by a survey satisfactory to ance under this section shall fulfill the enti- under paragraph (1) shall have the effect of the Secretary and the County. tlement granted to the Ukpeagvik Inupiat confirming title to the surface and minerals (7) USE.—As a condition of the conveyance Corporation under section 12(a) of the Alaska in the claimant and shall not serve as any under paragraph (1), the County shall agree Native Claims Settlement Act (43 U.S.C. admission by a claimant. to manage the land conveyed under that sub- 1611(a)). (c) PAYMENT OF COSTS.— section for public recreational purposes. (c) COMPLIANCE WITH ENDANGERED SPECIES (1) IN GENERAL.—Except as provided in (8) COSTS OF CONVEYANCE.—As a condition ACT OF 1973.—Nothing in this section affects paragraph (2), the conveyance required under on the conveyance under paragraph (1), the any requirement, prohibition, or exception subsection (b) shall be without consider- County shall pay to the Secretary all costs under the Endangered Species Act of 1973 (16 ation. associated with the conveyance, including U.S.C. 1531 et seq.). (2) CONDITION.—As a condition of the con- the cost of— SEC. 1013. PUBLIC PURPOSE CONVEYANCE TO veyance of the omitted land under sub- (A) the appraisal under paragraph (3); and CITY OF HYDE PARK, UTAH. section (b), before making the conveyance, (B) the survey under paragraph (6). (a) IN GENERAL.—Notwithstanding the land the Secretary shall recover from the State of SEC. 1011. LAND CONVEYANCE AND UTILITY use planning requirement of sections 202 and Louisiana any costs incurred by the Sec- RIGHT-OF-WAY, HENRY’S LAKE WIL- 203 of the Federal Land Policy and Manage- retary relating to any survey, platting, legal DERNESS STUDY AREA, IDAHO. ment Act of 1976 (43 U.S.C. 1712, 1713), on description, or associated activities required (a) CONVEYANCE AND RIGHT-OF-WAY AU- written request by the City of Hyde Park, to prepare and issue a patent under that sub- THORIZED.—Notwithstanding section 603(c) of Utah (referred to in this section as the section. the Federal Land Policy and Management ‘‘City’’), the Secretary shall convey, without (d) MAP AND LEGAL DESCRIPTION.—As soon Act of 1976 (43 U.S.C. 1782(c)), the Secretary consideration, to the City the parcel of pub- as practicable after the date of enactment of may— lic land described in subsection (b)(1) for

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1202 CONGRESSIONAL RECORD — SENATE February 12, 2019

public recreation or other public purposes (1) IN GENERAL.—If after December 15, 2020, (2) CONFLICT.—If there is a conflict between consistent with uses allowed under the Act the City offers to convey to the Secretary all a map, an acreage estimate, or a description of June 14, 1926 (commonly known as the right, title, and interest of the City in and to of land under this section, the map shall con- ‘‘Recreation and Public Purposes Act’’) (43 the non-Federal land, the Secretary shall ac- trol unless the Secretary and the City mutu- U.S.C. 869 et seq.). cept the offer and simultaneously convey to ally agree otherwise. (b) DESCRIPTION OF LAND.— the City all right, title, and interest of the (3) AVAILABILITY.—The Secretary shall file (1) IN GENERAL.—The parcel of public land United States in and to the Federal land. and make available for public inspection in referred to in subsection (a) is the approxi- (2) LAND TITLE.—Title to the non-Federal the Arizona headquarters of the Bureau of mately 80-acre parcel identified on the map land conveyed to the Secretary under this Land Management a copy of all maps re- entitled ‘‘Hyde Park Land Conveyance Act’’ section shall be in a form acceptable to the ferred to in this section. and dated October 23, 2017. Secretary and shall conform to the title ap- SEC. 1016. COTTONWOOD LAND EXCHANGE. proval standards of the Attorney General of (2) AVAILABILITY OF MAP.—The map re- (a) DEFINITIONS.—In this section: the United States applicable to land acquisi- ferred to in paragraph (1) shall be on file and (1) COUNTY.—The term ‘‘County’’ means available for public inspection in appropriate tions by the Federal Government. Yavapai County, Arizona. (3) EXCHANGE COSTS.—The City shall pay offices of the Bureau of Land Management. (2) FEDERAL LAND.—The term ‘‘Federal for all land survey, appraisal, and other costs (c) SURVEY.—The exact acreage and legal land’’ means all right, title, and interest of to the Secretary as may be necessary to description of the land to be conveyed under the United States in and to approximately 80 process and consummate the exchange under this section shall be determined by a survey acres of land within the Coconino National this section. satisfactory to the Secretary. Forest, in Yavapai County, Arizona, gen- (c) EQUAL VALUE EXCHANGE AND APPRAIS- (d) CONVEYANCE COSTS.—As a condition for erally depicted as ‘‘Coconino National Forest ALS.— the conveyance under this section, all costs Parcels ‘Federal Land’ ’’ on the map. (1) APPRAISALS.—The values of the lands to associated with the conveyance shall be paid (3) MAP.—The term ‘‘map’’ means the map by the City. be exchanged under this section shall be de- termined by the Secretary through apprais- entitled ‘‘Cottonwood Land Exchange’’, with SEC. 1014. JUAB COUNTY CONVEYANCE. als performed— the revision date July 5, 2018\Version 1. (a) DEFINITIONS.—In this section: (A) in accordance with— (4) NON-FEDERAL LAND.—The term ‘‘non- (1) COUNTY.—The term ‘‘County’’ means (i) the Uniform Appraisal Standards for Federal land’’ means the approximately 369 Juab County, Utah. Federal Land Acquisitions; acres of land in Yavapai County, Arizona, (2) SECRETARY.—The term ‘‘Secretary’’ (ii) the Uniform Standards of Professional generally depicted as ‘‘Yavapai County Par- means the Secretary of Agriculture, acting Appraisal Practice; and cels ‘Non-Federal Land’ ’’ on the map. through the Chief of the Forest Service. (iii) appraisal instructions issued by the (5) SECRETARY.—The term ‘‘Secretary’’ (3) NEPHI WORK CENTER CONVEYANCE PAR- Secretary; and means the Secretary of Agriculture, unless CEL.—The term ‘‘Nephi Work Center convey- (B) by an appraiser mutually agreed to by otherwise specified. ance parcel’’ means the parcel of approxi- the Secretary and the City. (b) LAND EXCHANGE.— mately 2.17 acres of National Forest System (1) IN GENERAL.—If the County offers to (2) EQUAL VALUE EXCHANGE.—The values of land in the County, located at 740 South the Federal and non-Federal land parcels ex- convey to the Secretary all right, title, and Main Street, Nephi, Utah, as depicted as Tax changed shall be equal, or if they are not interest of the County in and to the non-Fed- Lot Numbers #XA00–0545–1111 and #XA00– equal, shall be equalized as follows: eral land, the Secretary shall accept the 0545–2 on the map entitled ‘‘Nephi Plat B’’ offer and simultaneously convey to the (A) SURPLUS OF FEDERAL LAND VALUE.—If and dated May 6, 1981. the final appraised value of the Federal land County all right, title, and interest of the (b) CONVEYANCE OF NEPHI WORK CENTER exceeds the final appraised value of the non- United States to the Federal land. CONVEYANCE PARCEL, JUAB COUNTY, UTAH.— Federal land, the City shall reduce the (2) LAND TITLE.—Title to the non-Federal (1) IN GENERAL.—Not later than 1 year after amount of land it is requesting from the Fed- land conveyed to the Secretary under this the date on which the Secretary receives a eral Government in order to create an equal section shall be acceptable to the Secretary request from the County and subject to valid value in accordance with section 206(b) of the and shall conform to the title approval existing rights and such terms and condi- Federal Land Policy and Management Act of standards of the Attorney General of the tions as are mutually satisfactory to the 1976 (43 U.S.C. 1716(b)). Land that is not ex- United States applicable to land acquisitions Secretary and the County, including such ad- changed because of equalization under this by the Federal Government. ditional terms as the Secretary determines subparagraph shall remain subject to lease (3) EXCHANGE COSTS.—The County shall pay to be necessary, the Secretary shall convey under the Act of June 14, 1926 (commonly for all land survey, appraisal, and other costs to the County without consideration all known as the ‘‘Recreation and Public Pur- to the Secretary as may be necessary to right, title, and interest of the United States poses Act’’) (44 Stat. 741, chapter 578; 43 process and consummate the exchange under in and to the Nephi Work Center conveyance U.S.C. 869 et seq.). this section, including reimbursement to the parcel. Secretary, if the Secretary so requests, for (B) USE OF FUNDS.—Any cash equalization (2) COSTS.—Any costs relating to the con- moneys received by the Secretary under sub- staff time spent in such processing and con- veyance under paragraph (1), including proc- paragraph (A) shall be— summation. essing and transaction costs, shall be paid by (i) deposited in the Federal Land Disposal (c) EQUAL VALUE EXCHANGE AND APPRAIS- the County. Account established by section 206(a) of the ALS.— (3) USE OF LAND.—The land conveyed to the Federal Land Transaction Facilitation Act (1) APPRAISALS.—The values of the lands to County under paragraph (1) shall be used by (43 U.S.C. 2305(a)); and be exchanged under this section shall be de- the County— (ii) used in accordance with that Act (43 termined by the Secretary through apprais- (A) to house fire suppression and fuels U.S.C. 2301 et seq.). als performed— mitigation personnel; (A) in accordance with— (C) SURPLUS OF NON-FEDERAL LAND (B) to facilitate fire suppression and fuels (i) the Uniform Appraisal Standards for VALUE.—If the final appraised value of the mitigation activities; and non-Federal land exceeds the final appraised Federal Land Acquisitions; (C) for infrastructure and equipment nec- value of the Federal land, the United States (ii) the Uniform Standards of Professional essary to carry out subparagraphs (A) and shall not make a cash equalization payment Appraisal Practice; and (B). to the City, and surplus value of the non- (iii) appraisal instructions issued by the SEC. 1015. BLACK MOUNTAIN RANGE AND BULL- Federal land shall be considered a donation Secretary; and HEAD CITY LAND EXCHANGE. by the City to the United States for all pur- (B) by an appraiser mutually agreed to by (a) DEFINITIONS.—In this section: poses of law. the Secretary and the County. (1) CITY.—The term ‘‘City’’ means Bullhead (d) WITHDRAWAL PROVISIONS.—Lands ac- (2) EQUAL VALUE EXCHANGE.—The values of City, Arizona. quired by the Secretary under this section the Federal and non-Federal land parcels ex- (2) NON-FEDERAL LAND.—The term ‘‘non- are, upon such acquisition, automatically changed shall be equal, or if they are not Federal Land’’ means the approximately and permanently withdrawn from all forms equal, shall be equalized as follows: 1,100 acres of land owned by Bullhead City in of appropriation and disposal under the pub- (A) SURPLUS OF FEDERAL LAND VALUE.—If the Black Mountain Range generally de- lic land laws (including the mining and min- the final appraised value of the Federal land picted as ‘‘Bullhead City Land to be Ex- eral leasing laws) and the Geothermal Steam exceeds the final appraised value of the non- changed to BLM’’ on the Map. Act of 1930 (30 U.S.C. 1001 et seq.). Federal land, the County shall make a cash (3) MAP.—The term ‘‘Map’’ means the map (e) MAPS, ESTIMATES, AND DESCRIPTIONS.— equalization payment to the United States entitled ‘‘Bullhead City Land Exchange’’ and (1) MINOR ERRORS.—The Secretary and the as necessary to achieve equal value, includ- dated August 24, 2018. City may, by mutual agreement— ing, if necessary, an amount in excess of that (4) FEDERAL LAND.—The term ‘‘Federal (A) make minor boundary adjustments to authorized pursuant to section 206(b) of the land’’ means the approximately 345.2 acres of the Federal and non-Federal lands involved Federal Land Policy and Management Act of land in Bullhead City, Arizona, generally de- in the exchange; and 1976 (43 U.S.C. 1716(b)). picted as ‘‘Federal Land to be exchanged to (B) correct any minor errors in any map, (B) USE OF FUNDS.—Any cash equalization Bullhead City’’ on the Map. acreage estimate, or description of any land moneys received by the Secretary under sub- (b) LAND EXCHANGE.— to be exchanged. paragraph (A) shall be—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1203 (i) deposited in the fund established under paragraph (1), including the costs of the ap- flowing river, and the great outdoors, with Public Law 90–171 (commonly known as the praisal required under subsection (c), the visitors from all over the United States and ‘‘Sisk Act’’; 16 U.S.C. 484a); and costs of any surveys, recording costs, and the world; (ii) made available to the Secretary for the other reasonable costs. (5) Frank Moore has spent most of his life acquisition of land or interests in land in Re- (c) APPRAISAL.— fishing the vast rivers of Oregon, during gion 3 of the Forest Service. (1) IN GENERAL.—Not later than 180 days which time he has contributed significantly (C) SURPLUS OF NON-FEDERAL LAND after the date of enactment of this Act, the to efforts to conserve fish habitats and pro- VALUE.—If the final appraised value of the Secretary shall complete an appraisal of the tect river health, including serving on the non-Federal land exceeds the final appraised reversionary interests of the United States State of Oregon Fish and Wildlife Commis- value of the Federal land, the United States in and to the non-Federal land. sion; shall not make a cash equalization payment (2) APPLICABLE LAW.—The appraisal shall (6) Frank Moore has been recognized for to the County, and surplus value of the non- be completed in accordance with— his conservation work with the National Federal land shall be considered a donation (A) the Uniform Appraisal Standards for Wildlife Federation Conservationist of the by the County to the United States for all Federal Land Acquisitions; and Year award, the Wild Steelhead Coalition purposes of law. (B) the Uniform Standards of Professional Conservation Award, and his 2010 induction (d) WITHDRAWAL PROVISIONS.—Lands ac- Appraisal Practice. into the Fresh Water Fishing Hall of Fame; quired by the Secretary under this section (d) CONSIDERATION.— and are, upon such acquisition, automatically (1) IN GENERAL.—As consideration for the (7) in honor of the many accomplishments and permanently withdrawn from all forms conveyance of the reversionary interests of of Frank Moore, both on and off the river, of appropriation and disposal under the pub- the United States in and to the non-Federal approximately 99,653 acres of Forest Service lic land laws (including the mining and min- land under this section, the University shall land in the State of Oregon should be des- eral leasing laws) and the Geothermal Steam pay to the Secretary an amount equal to the ignated as the ‘‘Frank and Jeanne Moore Act of 1930 (30 U.S.C. 1001 et seq.). appraised value of the interests of the United Wild Steelhead Special Management Area’’. (e) MANAGEMENT OF LAND.—Land acquired States, as determined under subsection (c). (b) DEFINITIONS.—In this section: by the Secretary under this section shall be- AP (2) DEPOSIT; USE.—Amounts received under (1) M .—The term ‘‘Map’’ means the map come part of the Coconino National Forest paragraph (1) shall be— entitled ‘‘Frank Moore Wild Steelhead Spe- and be managed in accordance with the laws, (A) deposited in the Federal Land Disposal cial Management Area Designation Act’’ and rules, and regulations applicable to the Na- Account established by section 206(a) of the dated June 23, 2016. tional Forest System. Federal Land Transaction Facilitation Act (2) SECRETARY.—The term ‘‘Secretary’’ (f) MAPS, ESTIMATES, AND DESCRIPTIONS.— (43 U.S.C. 2305(a)); and means the Secretary of Agriculture, acting (1) MINOR ERRORS.—The Secretary and the through the Chief of the Forest Service. (B) used in accordance with that Act (43 County may, by mutual agreement— (3) SPECIAL MANAGEMENT AREA.—The term U.S.C. 2301 et seq.). (A) make minor boundary adjustments to ‘‘Special Management Area’’ means the the Federal and non-Federal lands involved Subtitle B—Public Land and National Forest Frank and Jeanne Moore Wild Steelhead in the exchange; and System Management Special Management Area designated by sub- (B) correct any minor errors in any map, SEC. 1101. BOLTS DITCH ACCESS. section (c)(1). acreage estimate, or description of any land (a) ACCESS GRANTED.—The Secretary of Ag- (4) STATE.—The term ‘‘State’’ means the to be exchanged. riculture shall permit by special use author- State of Oregon. (2) CONFLICT.—If there is a conflict between ization nonmotorized access and use, in ac- (c) FRANK AND JEANNE MOORE WILD a map, an acreage estimate, or a description cordance with section 293.6 of title 36, Code STEELHEAD SPECIAL MANAGEMENT AREA, OR- of land under this section, the map shall con- of Federal Regulations, of the Bolts Ditch EGON.— trol unless the Secretary and the County Headgate and the Bolts Ditch within the (1) DESIGNATION.—The approximately 99,653 mutually agree otherwise. Holy Cross Wilderness, Colorado, as des- acres of Forest Service land in the State, as (3) AVAILABILITY.—The Secretary shall file ignated by Public Law 96–560 (94 Stat. 3265), generally depicted on the Map, is designated and make available for public inspection in for the purposes of the diversion of water and as the ‘‘Frank and Jeanne Moore Wild the headquarters of the Coconino National use, maintenance, and repair of such ditch Steelhead Special Management Area’’. Forest a copy of all maps referred to in this and headgate by the Town of Minturn, Colo- (2) MAP; LEGAL DESCRIPTION.— section. rado, a Colorado Home Rule Municipality. (A) IN GENERAL.—As soon as practicable SEC. 1017. EMBRY-RIDDLE TRI-CITY LAND EX- (b) LOCATION OF FACILITIES.—The Bolts after the date of enactment of this Act, the CHANGE. Ditch headgate and ditch segment referenced Secretary shall prepare a map and legal de- (a) DEFINITIONS.—In this section: in subsection (a) are as generally depicted on scription of the Special Management Area. (1) NON-FEDERAL LAND.—The term ‘‘non- the map entitled ‘‘Bolts Ditch headgate and (B) FORCE OF LAW.—The map and legal de- Federal land’’ means the approximately 16- Ditch Segment’’ and dated November 2015. scription prepared under subparagraph (A) shall have the same force and effect as if in- acre parcel of University land identified in SEC. 1102. CLARIFICATION RELATING TO A CER- section 3(a) of Public Law 105–363 (112 Stat. TAIN LAND DESCRIPTION UNDER cluded in this section, except that the Sec- 3297). THE NORTHERN ARIZONA LAND EX- retary may correct clerical and typo- (2) UNIVERSITY.—The term ‘‘University’’ CHANGE AND VERDE RIVER BASIN graphical errors in the map and legal de- means Embry-Riddle Aeronautical Univer- PARTNERSHIP ACT OF 2005. scription. sity, Florida. Section 104(a)(5) of the Northern Arizona (C) AVAILABILITY.—The map and legal de- (b) CONVEYANCE OF FEDERAL REVERSIONARY Land Exchange and Verde River Basin Part- scription prepared under subparagraph (A) INTEREST IN LAND LOCATED IN THE COUNTY OF nership Act of 2005 (Public Law 109–110; 119 shall be on file and available for public in- YAVAPAI, ARIZONA.— Stat. 2356) is amended by inserting before the spection in the appropriate offices of the (1) IN GENERAL.—Notwithstanding any period at the end ‘‘, which, notwithstanding Forest Service. other provision of law, if after the comple- section 102(a)(4)(B), includes the N1⁄2 NE1⁄4 (3) ADMINISTRATION.—Subject to valid ex- tion of the appraisal required under sub- SW1⁄4 SW1⁄4, the N1⁄2 N1⁄2 SE1⁄4 SW1⁄4, and the isting rights, the Special Management Area section (c), the University submits to the N1⁄2 N1⁄2 SW1⁄4 SE1⁄4, sec. 34, Township 22 shall be administered by the Secretary— Secretary an offer to acquire the rever- North, Range 2 East, Gila and Salt River Me- (A) in accordance with all laws (including sionary interests of the United States in and ridian, Coconino County, Arizona, com- regulations) applicable to the National For- to the non-Federal land, the Secretary shall prising approximately 25 acres’’. est System; and convey to the University the reversionary SEC. 1103. FRANK AND JEANNE MOORE WILD (B) in a manner that— interests of the United States in and to the STEELHEAD SPECIAL MANAGEMENT (i) conserves and enhances the natural non-Federal land for the purpose of AREA. character, scientific use, and the botanical, unencumbering the title to the non-Federal (a) FINDINGS.—Congress finds that— recreational, ecological, fish and wildlife, land to enable economic development of the (1) Frank Moore has committed his life to scenic, drinking water, and cultural values non-Federal land. family, friends, his country, and fly fishing; of the Special Management Area; (2) LEGAL DESCRIPTIONS.—As soon as prac- (2) Frank Moore is a World War II veteran (ii) maintains and seeks to enhance the ticable after the date of enactment of this who stormed the beaches of Normandy along wild salmonid habitat of the Special Man- Act, the exact legal description of the non- with 150,000 troops during the D-Day Allied agement Area; Federal land shall be determined in a man- invasion and was awarded the Chevalier of (iii) maintains or enhances the watershed ner satisfactory to the Secretary. the French Legion of Honor for his bravery; as a thermal refuge for wild salmonids; and (3) ADDITIONAL TERMS AND CONDITIONS.— (3) Frank Moore returned home after the (iv) preserves opportunities for recreation, The Secretary may require such additional war, started a family, and pursued his pas- including primitive recreation. terms and conditions to the conveyance sion of fishing on the winding rivers in Or- (4) FISH AND WILDLIFE.—Nothing in this under paragraph (1), consistent with this sec- egon; section affects the jurisdiction or respon- tion, as the Secretary considers appropriate (4) as the proprietor of the Steamboat Inn sibilities of the State with respect to fish to protect the interests of the United States. along the North Umpqua River in Oregon for and wildlife in the State. (4) COSTS.—The University shall pay all nearly 20 years, Frank Moore, along with his (5) ADJACENT MANAGEMENT.—Nothing in costs associated with the conveyance under wife Jeanne, shared his love of fishing, the this section—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1204 CONGRESSIONAL RECORD — SENATE February 12, 2019

(A) creates any protective perimeter or (1) IN GENERAL.—The 13,498-foot mountain (A) include the value of any appurtenant buffer zone around the Special Management peak, located at 37.8569° N, by ¥108.0117° W, in easements; and Area; or the Uncompahgre National Forest in the (B) exclude the value of any private im- (B) modifies the applicable travel manage- State of Colorado, shall be known and des- provements made by a permittee of the prop- ment plan for the Special Management Area. ignated as ‘‘Fowler Peak’’. erty before the date of appraisal. (6) WILDFIRE MANAGEMENT.—Nothing in (2) REFERENCES.—Any reference in a law, (2) STANDARDS.—An appraisal under para- this section prohibits the Secretary, in co- map, regulation, document, paper, or other graph (1) shall be conducted in accordance operation with other Federal, State, and record of the United States to the peak de- with— local agencies, as appropriate, from con- scribed in paragraph (1) shall be deemed to (A) the Uniform Appraisal Standards for ducting wildland fire operations in the Spe- be a reference to ‘‘Fowler Peak’’. Federal Land Acquisitions, established in ac- cial Management Area, consistent with the (b) DESIGNATION OF BOSKOFF PEAK.— cordance with the Uniform Relocation As- purposes of this section, including the use of (1) IN GENERAL.—The 13,123-foot mountain sistance and Real Property Acquisition Poli- aircraft, machinery, mechanized equipment, peak, located at 37.85549° N, by ¥108.03112° W, cies Act of 1970 (42 U.S.C. 4601 et seq.); and fire breaks, backfires, and retardant. in the Uncompahgre National Forest in the (B) the Uniform Standards of Professional (7) VEGETATION MANAGEMENT.—Nothing in State of Colorado, shall be known and des- Appraisal Practice. this section prohibits the Secretary from ignated as ‘‘Boskoff Peak’’. (f) COSTS.—The Secretary shall pay— conducting vegetation management projects (2) REFERENCES.—Any reference in a law, (1) the cost of a conveyance of a property within the Special Management Area in a map, regulation, document, paper, or other under this section; and manner consistent with— record of the United States to the peak de- (2) the cost of an appraisal under sub- (A) the purposes described in paragraph (3); scribed in paragraph (1) shall be deemed to section (e). and be a reference to ‘‘Boskoff Peak’’. (g) PROCEEDS FROM THE SALE OF LAND.— (B) the applicable forest plan. SEC. 1107. CORONADO NATIONAL FOREST LAND Any payment received by the Secretary from (8) PROTECTION OF TRIBAL RIGHTS.—Nothing CONVEYANCE. the sale of property under this section shall in this section diminishes any treaty rights (a) DEFINITIONS.—In this section: be deposited in the fund established under of an Indian Tribe. (1) PERMITTEE.— Public Law 90–171 (commonly known as the (9) WITHDRAWAL.—Subject to valid existing (A) IN GENERAL.—The term ‘‘permittee’’ ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall be rights, the Federal land within the bound- means a person who, on the date of enact- available to the Secretary until expended for aries of the Special Management Area river ment of this Act, holds a valid permit for use the acquisition of inholdings in national for- segments designated by paragraph (1) is of a property. ests in the State of Arizona. withdrawn from all forms of— (B) INCLUSIONS.—The term ‘‘permittee’’ in- (h) MAPS AND LEGAL DESCRIPTIONS.— (A) entry, appropriation, or disposal under cludes any heirs, executors, and assigns of (1) IN GENERAL.—As soon as practicable the public land laws; the permittee or interest of the permittee. after the date of enactment of this Act, the (B) location, entry, and patent under the (2) PROPERTY.—The term ‘‘property’’ Secretary shall file maps and legal descrip- mining laws; and means— tions of each property. (C) disposition under all laws relating to (A) the approximately 1.1 acres of National (2) FORCE OF LAW.—The maps and legal de- mineral and geothermal leasing or mineral Forest System land in sec. 8, T. 10 S., R. 16 scriptions filed under paragraph (1) shall materials. E., Gila and Salt River Meridian, as gen- have the same force and effect as if included in this section, except that the Secretary SEC. 1104. MAINTENANCE OR REPLACEMENT OF erally depicted on the map entitled ‘‘Coro- FACILITIES AND STRUCTURES AT nado National Forest Land Conveyance Act may correct typographical errors in the SMITH GULCH. of 2017’’, special use permit numbered maps and legal descriptions. The authorization of the Secretary of Agri- SAN5005–03, and dated October 2017; (3) PUBLIC AVAILABILITY.—The maps and culture to maintain or replace facilities or (B) the approximately 4.5 acres of National legal descriptions filed under paragraph (1) structures for commercial recreation serv- Forest System land in sec. 8, T. 10 S., R. 16 shall be on file and available for public in- ices at Smith Gulch under section 3(a)(24)(D) E., Gila and Salt River Meridian, as gen- spection in the office of the Supervisor of the of the Wild and Scenic Rivers Act (16 U.S.C. erally depicted on the map entitled ‘‘Coro- Coronado National Forest. 1274(a)(24)(D))— nado National Forest Land Conveyance Act SEC. 1108. DESCHUTES CANYON-STEELHEAD (1) may include improvements or replace- of 2017’’, special use permit numbered FALLS WILDERNESS STUDY AREA BOUNDARY ADJUSTMENT, OREGON. ments that the Secretary of Agriculture de- SAN5116–03, and dated October 2017; and (C) the approximately 3.9 acres of National (a) BOUNDARY ADJUSTMENT.—The boundary termines— of the Deschutes Canyon-Steelhead Falls (A) are consistent with section 9(b) of the Forest System land in NW1⁄4, sec. 1, T. 10 S., R. 15 E., Gila and Salt River Meridian, as Wilderness Study Area is modified to exclude Central Idaho Wilderness Act of 1980 (16 approximately 688 acres of public land, as de- U.S.C. 1281 note; Public Law 96–312); and generally depicted on the map entitled ‘‘Coronado National Forest Land Conveyance picted on the map entitled ‘‘Deschutes Can- (B) would reduce the impact of the com- yon-Steelhead Falls Wilderness Study Area mercial recreation facilities or services on Act of 2017’’, special use permit numbered SAN5039–02, and dated October 2017. (WSA) Proposed Boundary Adjustment’’ and wilderness or wild and scenic river resources dated September 26, 2018. and values; and (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. (b) EFFECT OF EXCLUSION.— (2) authorizes the Secretary of Agriculture (1) IN GENERAL.—The public land excluded to consider including, as appropriate— (b) SALE.— (1) IN GENERAL.—Subject to valid existing from the Deschutes Canyon-Steelhead Falls (A) hydroelectric generators and associ- Wilderness Study Area under subsection ated electrical transmission facilities; rights, during the period described in para- graph (2), not later than 90 days after the (a)— (B) water pumps for fire suppression; (A) is no longer subject to section 603(c) of (C) transitions from propane to electrical date on which a permittee submits a request to the Secretary, the Secretary shall— the Federal Land Policy and Management lighting; Act of 1976 (43 U.S.C. 1782(c)); and (D) solar energy systems; (A) accept tender of consideration from that permittee; and (B) shall be managed in accordance with— (E) 6-volt or 12-volt battery banks for (i) this section; power storage; and (B) sell and quitclaim to that permittee all right, title, and interest of the United States (ii) the Federal Land Policy and Manage- (F) other improvements or replacements ment Act of 1976 (43 U.S.C. 1701 et seq.); and which are consistent with this section that in and to the property for which the per- mittee holds a permit. (iii) any applicable resource management the Secretary of Agriculture determines ap- plan. propriate. (2) PERIOD DESCRIBED.—The period referred to in paragraph (1) is the period beginning on (2) MANAGEMENT.—The Secretary shall SEC. 1105. REPEAL OF PROVISION LIMITING THE the date of enactment of this Act and ending manage the land excluded from the EXPORT OF TIMBER HARVESTED on the date of expiration of the applicable Deschutes Canyon-Steelhead Falls Wilder- FROM CERTAIN KAKE TRIBAL COR- ness Study Area under subsection (a) to im- PORATION LAND. permit. prove fire resiliency and forest health, in- Section 42 of the Alaska Native Claims (c) TERMS AND CONDITIONS.—The Secretary may establish such terms and conditions on cluding the conduct of wildfire prevention Settlement Act (43 U.S.C. 1629h) is amend- the sales of the properties under this section and response activities, as appropriate. ed— as the Secretary determines to be in the pub- (3) OFF-ROAD RECREATIONAL MOTORIZED (1) by striking subsection (h); lic interest. USE.—The Secretary shall not permit off- (2) by redesignating subsection (i) as sub- (d) CONSIDERATION.—A sale of a property road recreational motorized use on the pub- section (h); and under this section shall be for cash consider- lic land excluded from the Deschutes Can- (3) in subsection (h) (as so redesignated), in ation equal to the market value of the prop- yon-Steelhead Falls Wilderness Study Area the first sentence, by striking ‘‘and to pro- erty, as determined by the appraisal de- under subsection (a). vide’’ and all that follows through ‘‘sub- scribed in subsection (e). SEC. 1109. MAINTENANCE OF FEDERAL MINERAL section (h)’’. (e) APPRAISAL.— LEASES BASED ON EXTRACTION OF SEC. 1106. DESIGNATION OF FOWLER AND (1) IN GENERAL.—The Secretary shall com- HELIUM. BOSKOFF PEAKS. plete an appraisal of each property, which The first section of the Mineral Leasing (a) DESIGNATION OF FOWLER PEAK.— shall— Act (30 U.S.C. 181) is amended in the fifth

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1205 paragraph by inserting after ‘‘purchaser (B) pays the claim maintenance fee under (iii) the public. thereof’’ the following: ‘‘, and that extrac- subsection (b)(1)(B). (C) CONSIDERATIONS.—In developing and tion of helium from gas produced from such SEC. 1111. SAINT FRANCIS DAM DISASTER NA- implementing the management plan, the lands shall maintain the lease as if the ex- TIONAL MEMORIAL AND NATIONAL Secretary shall, with respect to methods of tracted helium were oil and gas’’. MONUMENT. protecting and providing access to the Monu- (a) DEFINITIONS.—In this section: SEC. 1110. SMALL MINER WAIVERS TO CLAIM ment, consider the recommendations of the MAINTENANCE FEES. (1) MEMORIAL.—The term ‘‘Memorial’’ Saint Francis Disaster National Memorial means the Saint Francis Dam Disaster Na- (a) DEFINITIONS.—In this section: Foundation, the Santa Clarita Valley Histor- tional Memorial authorized under subsection (1) COVERED CLAIMHOLDER.—The term ‘‘cov- ical Society, and the Community Hiking (b)(1). ered claimholder’’ means— Club of Santa Clarita. (2) MONUMENT.—The term ‘‘Monument’’ (A) the claimholder of the claims in the (2) MANAGEMENT.—The Secretary shall means the Saint Francis Dam Disaster Na- State numbered AA023149, AA023163, manage the Monument— tional Monument established by subsection AA047913, AA047914, AA047915, AA047916, (A) in a manner that conserves and en- (d)(1). AA047917, AA047918, and AA047919 (as of De- hances the cultural and historic resources of (3) SECRETARY.—The term ‘‘Secretary’’ cember 29, 2004); the Monument; and means the Secretary of Agriculture. (B) the claimholder of the claim in the (B) in accordance with— (4) STATE.—The term ‘‘State’’ means the State numbered FF–059315 (as of December (i) the Forest and Rangeland Renewable State of California. 29, 2004); Resources Planning Act of 1974 (16 U.S.C. 1600 (b) SAINT FRANCIS DAM DISASTER NATIONAL (C) the claimholder of the claims in the et seq.); MEMORIAL.— (ii) the laws generally applicable to the State numbered FF–58607, FF–58608, FF– (1) ESTABLISHMENT.—The Secretary may National Forest System; 58609, FF–58610, FF–58611, FF–58613, FF–58615, establish a memorial at the Saint Francis (iii) this section; and FF–58616, FF–58617, and FF–58618 (as of De- Dam site in the county of Los Angeles, Cali- (iv) any other applicable laws. cember 31, 2003); and fornia, for the purpose of honoring the vic- (3) USES.— (D) the claimholder of the claims in the tims of the Saint Francis Dam disaster of (A) USE OF MOTORIZED VEHICLES.—The use State numbered FF–53988, FF–53989, and FF– March 12, 1928. of motorized vehicles within the Monument 53990 (as of December 31, 1987). (2) REQUIREMENTS.—The Memorial shall may be permitted only— (2) DEFECT.—The term ‘‘defect’’ includes a be— (i) on roads designated for use by motor- failure— (A) known as the ‘‘Saint Francis Dam Dis- ized vehicles in the management plan re- (A) to timely file— aster National Memorial’’; and quired under paragraph (1); (i) a small miner maintenance fee waiver (B) managed by the Forest Service. (ii) for administrative purposes; or application; (3) DONATIONS.—The Secretary may accept, (iii) for emergency responses. (ii) an affidavit of annual labor associated hold, administer, invest, and spend any gift, (B) GRAZING.—The Secretary shall permit with a small miner maintenance fee waiver devise, or bequest of real or personal prop- grazing within the Monument, where estab- application; or erty made to the Secretary for purposes of lished before the date of enactment of this (iii) an instrument required under section developing, designing, constructing, and Act— 314(a) of the Federal Land Policy and Man- managing the Memorial. (i) subject to all applicable laws (including agement Act of 1976 (43 U.S.C. 1744(a)); and (c) RECOMMENDATIONS FOR MEMORIAL.— regulations and Executive orders); and (B) to pay the required application fee for (1) IN GENERAL.—Not later than 3 years (ii) consistent with the purpose described a small maintenance fee waiver application. after the date of enactment of this Act, the in subsection (d)(2). (3) STATE.—The term ‘‘State’’ means the Secretary shall submit to Congress rec- (4) NO BUFFER ZONES.— State of Alaska. ommendations regarding— (A) IN GENERAL.—Nothing in this section (b) TREATMENT OF COVERED (A) the planning, design, construction, and creates a protective perimeter or buffer zone CLAIMHOLDERS.—Notwithstanding section long-term management of the Memorial; around the Monument. 10101(d) of the Omnibus Budget Reconcili- (B) the proposed boundaries of the Memo- (B) ACTIVITIES OUTSIDE NATIONAL MONU- ation Act of 1993 (30 U.S.C. 28f(d)) and section rial; MENT.—The fact that an activity or use on 314(c) of the Federal Land Policy and Man- (C) a visitor center and educational facili- land outside the Monument can be seen or agement Act of 1976 (43 U.S.C. 1744(c)), each ties at the Memorial; and heard within the Monument shall not pre- covered claimholder shall, during the 60-day (D) ensuring public access to the Memo- clude the activity or use outside the bound- period beginning on the date on which the rial. ary of the Monument. covered claimholder receives written notifi- (2) CONSULTATION.—In preparing the rec- (f) CLARIFICATION ON FUNDING.— cation from the Bureau of Land Management ommendations required under paragraph (1), (1) USE OF EXISTING FUNDS.—This section by registered mail of the opportunity, have the Secretary shall consult with— shall be carried out using amounts otherwise the opportunity— (A) appropriate Federal agencies; made available to the Secretary. (1)(A) to cure any defect in a small miner (B) State, Tribal, and local governments, (2) NO ADDITIONAL FUNDS.—No additional maintenance fee waiver application (includ- including the Santa Clarita City Council; funds are authorized to be appropriated to ing the failure to timely file a small miner and carry out this section. maintenance fee waiver application) for any (C) the public. (g) EFFECT.—Nothing in this section affects prior period during which the defect existed; (d) ESTABLISHMENT OF SAINT FRANCIS DAM the operation, maintenance, replacement, or or DISASTER NATIONAL MONUMENT.— modification of existing water resource, (B) to pay any claim maintenance fees due (1) ESTABLISHMENT.—There is established flood control, utility, pipeline, or tele- for any prior period during which the defect as a national monument in the State certain communications facilities that are located existed; and National Forest System land administered outside the boundary of the Monument, sub- (2) to cure any defect in the filing of any by the Secretary in the county of Los Ange- ject to the special use authorities of the Sec- instrument required under section 314(a) of les, California, comprising approximately 353 retary of Agriculture and other applicable the Federal Land Policy and Management acres, as generally depicted on the map enti- laws. Act of 1976 (43 U.S.C. 1744(a)) (including the tled ‘‘Proposed Saint Francis Dam Disaster SEC. 1112. OWYHEE WILDERNESS AREAS BOUND- failure to timely file any required instru- National Monument’’ and dated September ARY MODIFICATIONS. ment) for any prior period during which the 12, 2018, to be known as the ‘‘Saint Francis (a) BOUNDARY MODIFICATIONS.— defect existed. Dam Disaster National Monument’’. (1) NORTH FORK OWYHEE WILDERNESS.—The (c) REINSTATEMENT OF CLAIMS DEEMED FOR- (2) PURPOSE.—The purpose of the Monu- boundary of the North Fork Owyhee Wilder- FEITED.—The Secretary shall reinstate any ment is to conserve and enhance for the ben- ness established by section 1503(a)(1)(D) of claim of a covered claimholder as of the date efit and enjoyment of the public the cul- the Omnibus Public Land Management Act declared forfeited and void— tural, archaeological, historical, watershed, of 2009 (Public Law 111–11; 123 Stat. 1033) is (1) under section 10104 of the Omnibus educational, and recreational resources and modified to exclude certain land, as depicted Budget Reconciliation Act of 1993 (30 U.S.C. values of the Monument. on— 28i) for failure to pay the claim maintenance (e) DUTIES OF THE SECRETARY WITH RE- (A) the Bureau of Land Management map fee or obtain a valid waiver under section SPECT TO MONUMENT.— entitled ‘‘North Fork Owyhee and Pole Creek 10101 of the Omnibus Budget Reconciliation (1) MANAGEMENT PLAN.— Wilderness Aerial’’ and dated July 19, 2016; Act of 1993 (30 U.S.C. 28f); or (A) IN GENERAL.—Not later than 4 years and (2) under section 314(c) of the Federal Land after the date of enactment of this Act, the (B) the Bureau of Land Management map Policy and Management Act of 1976 (43 Secretary shall develop a management plan entitled ‘‘North Fork Owyhee River Wilder- U.S.C. 1744(c)) for failure to file any instru- for the Monument. ness Big Springs Camp Zoom Aerial’’ and ment required under section 314(a) of that (B) CONSULTATION.—The management plan dated July 19, 2016. Act (43 U.S.C. 1744(a)) for any prior period shall be developed in consultation with— (2) OWYHEE RIVER WILDERNESS.—The bound- during which the defect existed if the cov- (i) appropriate Federal agencies; ary of the Owyhee River Wilderness estab- ered claimholder— (ii) State, Tribal, and local governments; lished by section 1503(a)(1)(E) of the Omnibus (A) cures the defect; or and Public Land Management Act of 2009 (Public

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1206 CONGRESSIONAL RECORD — SENATE February 12, 2019

Law 111–11; 123 Stat. 1033) is modified to ex- (c) REPORT.—Not later than 18 months (B) depict the location of each fire resource clude certain land, as depicted on— after the date of enactment of this Act, the on the applicable maps developed under sub- (A) the Bureau of Land Management map Secretary shall submit to the Committee on section (c)(3); entitled ‘‘North Fork Owyhee, Pole Creek, Energy and Natural Resources of the Senate (C) operate continuously during the period and Owyhee River Wilderness Aerial’’ and and the Committee on Natural Resources of for which any firefighting personnel are as- dated July 19, 2016; the House of Representatives a report de- signed to the applicable Federal wildland (B) the Bureau of Land Management map scribing the results of the study, including— fire; and entitled ‘‘Owyhee River Wilderness Kincaid (1) a recommendation on options for 1 or (D) be subject to such terms and conditions Reservoir Zoom Aerial’’ and dated July 19, more land exchanges; and as the Secretary concerned determines nec- 2016; and (2) detailed information on— essary for the effective implementation of (C) the Bureau of Land Management map (A) the acres of Federal land identified for the system. entitled ‘‘Owyhee River Wilderness exchange; and (3) OPERATION.—The Secretary concerned Dickshooter Road Zoom Aerial’’ and dated (B) any other recommendations provided shall— July 19, 2016. by the Secretary. (A) before commencing operation of the (3) POLE CREEK WILDERNESS.—The boundary SEC. 1114. WILDFIRE TECHNOLOGY MODERNIZA- system— of the Pole Creek Wilderness established by TION. (i) conduct not fewer than 2 pilot projects section 1503(a)(1)(F) of the Omnibus Public (a) PURPOSE.—The purpose of this section relating to the operation, management, and Land Management Act of 2009 (Public Law is to promote the use of the best available effectiveness of the system; and 111–11; 123 Stat. 1033) is modified to exclude technology to enhance the effective and (ii) review the results of those pilot certain land, as depicted on— cost-efficient response to wildfires— projects; (A) the Bureau of Land Management map (1) to meet applicable protection objec- (B) conduct training, and maintain a cul- entitled ‘‘North Fork Owyhee, Pole Creek, tives; and ture, such that an employee, officer, or con- and Owyhee River Wilderness Aerial’’ and (2) to increase the safety of— tractor shall not rely on the system for safe- dated July 19, 2016; and (A) firefighters; and ty; and (B) the Bureau of Land Management map (B) the public. (C) establish procedures for the collection, (b) DEFINITIONS.—In this section: entitled ‘‘Pole Creek Wilderness Pullout storage, and transfer of data collected under (1) SECRETARIES.—The term ‘‘Secretaries’’ Zoom Aerial’’ and dated July 19, 2016. this subsection to ensure— means— (b) MAPS.— (i) data security; and (1) EFFECT.—The maps referred to in sub- (A) the Secretary of Agriculture; and (ii) the privacy of wildland fire personnel. section (a) shall have the same force and ef- (B) the Secretary. (e) WILDLAND FIRE DECISION SUPPORT.— fect as if included in this Act, except that (2) SECRETARY CONCERNED.—The term ‘‘Sec- (1) PROTOCOL.—To the maximum extent the Secretary may correct minor errors in retary concerned’’ means— the maps. (A) the Secretary of Agriculture, with re- practicable, the Secretaries shall ensure that wildland fire management activities con- (2) AVAILABILITY.—The maps referred to in spect to activities under the Department of subsection (a) shall be available in the ap- Agriculture; and ducted by the Secretaries, or conducted propriate offices of the Bureau of Land Man- (B) the Secretary, with respect to activi- jointly by the Secretaries and State wildland agement. ties under the Department of the Interior. firefighting agencies, achieve compliance with applicable incident management objec- SEC. 1113. CHUGACH REGION LAND STUDY. (c) UNMANNED AIRCRAFT SYSTEMS.— tives in a manner that— (a) DEFINITIONS.—In this section: (1) DEFINITIONS.—In this subsection, the (1) CAC.—The term ‘‘CAC’’ means the Chu- terms ‘‘unmanned aircraft’’ and ‘‘unmanned (A) minimizes firefighter exposure to the gach Alaska Corporation. aircraft system’’ have the meanings given lowest level necessary; and (B) reduces overall costs of wildfire inci- (2) CAC LAND.—The term ‘‘CAC land’’ those terms in section 44801 of title 49, means land conveyed to CAC pursuant to the United States Code. dents. Alaska Native Claims Settlement Act (43 (2) ESTABLISHMENT OF PROGRAM.—Not later (2) WILDFIRE DECISION SUPPORT SYSTEM.— U.S.C. 1601 et seq.) under which— than 180 days after the date of enactment of (A) IN GENERAL.—The Secretaries, in co- (A) both the surface estate and the sub- this Act, the Secretary, in consultation with ordination with State wildland firefighting surface estate were conveyed to CAC; or the Secretary of Agriculture, shall establish agencies, shall establish a system or expand (B)(i) the subsurface estate was conveyed a research, development, and testing pro- an existing system to track and monitor de- to CAC; and gram, or expand an applicable existing pro- cisions made by the Secretaries or State (ii) the surface estate or a conservation gram, to assess unmanned aircraft system wildland firefighting agencies in managing easement in the surface estate was acquired technologies, including optionally piloted wildfires. by the State or by the United States as part aircraft, across the full range of wildland fire (B) COMPONENTS.—The system established of the program. management operations in order to accel- or expanded under subparagraph (A) shall be (3) PROGRAM.—The term ‘‘program’’ means erate the deployment and integration of able to alert the Secretaries if— the Habitat Protection and Acquisition Pro- those technologies into the operations of the (i) unusual costs are incurred; gram of the Exxon Valdez Oil Spill Trustee Secretaries. (ii) an action to be carried out would like- Council. (3) EXPANDING USE OF UNMANNED AIRCRAFT ly— (4) REGION.—The term ‘‘Region’’ means the SYSTEMS ON WILDFIRES.—In carrying out the (I) endanger the safety of a firefighter; or Chugach Region, Alaska. program established under paragraph (2), the (II) be ineffective in meeting an applicable (5) STUDY.—The term ‘‘study’’ means the Secretaries, in coordination with the Federal suppression or protection goal; or study conducted under subsection (b)(1). Aviation Administration, State wildland (iii) a decision regarding the management (b) CHUGACH REGION LAND EXCHANGE firefighting agencies, and other relevant of a wildfire deviates from— STUDY.— Federal agencies, shall enter into an agree- (I) an applicable protocol established by (1) IN GENERAL.—Not later than 1 year after ment under which the Secretaries shall de- the Secretaries, including the requirement the date of enactment of this Act, the Sec- velop consistent protocols and plans for the under paragraph (1); or retary, in coordination with the Secretary of use on wildland fires of unmanned aircraft (II) an applicable spatial fire management Agriculture and in consultation with CAC, system technologies, including for the devel- plan or fire management plan of the Sec- shall conduct a study of land ownership and opment of real-time maps of the location of retary concerned. use patterns in the Region. wildland fires. (f) SMOKE PROJECTIONS FROM ACTIVE (2) STUDY REQUIREMENTS.—The study (d) LOCATION SYSTEMS FOR WILDLAND FIRE- WILDLAND FIRES.—The Secretaries shall es- shall— FIGHTERS.— tablish a program, to be known as the (A) assess the social and economic impacts (1) IN GENERAL.—Not later than 2 years ‘‘Interagency Wildland Fire Air Quality Re- of the program, including impacts caused by after the date of enactment of this Act, sub- sponse Program’’, under which the Secretary split estate ownership patterns created by ject to the availability of appropriations, the concerned— Federal acquisitions under the program, on— Secretaries, in coordination with State (1) to the maximum extent practicable, (i) the Region; and wildland firefighting agencies, shall jointly shall assign 1 or more air resource advisors (ii) CAC and CAC land; develop and operate a tracking system (re- to a type 1 incident management team man- (B) identify sufficient acres of accessible ferred to in this subsection as the ‘‘system’’) aging a Federal wildland fire; and and economically viable Federal land that to remotely locate the positions of fire re- (2) may assign 1 or more air resource advi- can be offered in exchange for CAC land iden- sources for use by wildland firefighters, in- sors to a type 2 incident management team tified by CAC as available for exchange; and cluding, at a minimum, any fire resources managing a wildland fire. (C) provide recommendations for land ex- assigned to Federal type 1 wildland fire inci- (g) FIREFIGHTER INJURIES DATABASE.— change options with CAC that would— dent management teams. (1) IN GENERAL.—Section 9(a) of the Federal (i) consolidate ownership of the surface and (2) REQUIREMENTS.—The system shall— Fire Prevention and Control Act of 1974 (15 mineral estate of Federal land under the pro- (A) use the most practical and effective U.S.C. 2208(a)) is amended— gram; and technology available to the Secretaries to (A) in paragraph (2), by inserting ‘‘, cat- (ii) convey to CAC Federal land identified remotely track the location of an active re- egorized by the type of fire’’ after ‘‘such in- under subparagraph (B). source, such as a Global Positioning System; juries and deaths’’; and

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1207

(B) in paragraph (3), by striking ‘‘activi- (2) COOPERATION; COMPONENTS.—The system (1) IN GENERAL.—Not later than 2 years ties;’’ and inserting the following: ‘‘activi- established under paragraph (1) shall be after the date of enactment of this Act, the ties, including— based on, and seek to enhance, similar sys- Secretary, in consultation and coordination ‘‘(A) all injuries sustained by a firefighter tems in existence on the date of enactment with the County and affected Indian Tribes, and treated by a doctor, categorized by the of this Act, including the Fire Danger As- shall prepare a management plan for the type of firefighter; sessment System. Trail System. ‘‘(B) all deaths sustained while undergoing (3) USE IN FORECASTS.—Not later than 1 (2) PUBLIC COMMENT.—The management a pack test or preparing for a work capacity; year after the date of enactment of this Act, plan shall be developed with opportunities ‘‘(C) all injuries or deaths resulting from the Secretaries shall use the system estab- for public comment. vehicle accidents; and lished under paragraph (1), to the maximum (3) INTERIM MANAGEMENT.—Until the com- ‘‘(D) all injuries or deaths resulting from extent practicable, for purposes of devel- pletion of the management plan, the Trail aircraft crashes;’’. oping any wildland fire potential forecasts. System shall be administered in accordance (2) USE OF EXISTING DATA GATHERING AND (4) COORDINATION.—The Secretaries may with the Decision Record. ANALYSIS ORGANIZATIONS.—Section 9(b)(3) of share the system established under para- (4) RECREATIONAL OPPORTUNITIES.—In de- the Federal Fire Prevention and Control Act graph (1), and any results generated in using veloping the management plan, the Sec- of 1974 (15 U.S.C. 2208(b)(3)) is amended by in- the system, with any State or unit of local retary shall seek to provide for new moun- serting ‘‘, including the Center for Fire- government. tain bike route and trail construction to in- fighter Injury Research and Safety Trends’’ (j) TERMINATION OF AUTHORITY.—The au- crease recreational opportunities within the after ‘‘public and private’’. thority provided by this section terminates Trail System, consistent with this section. (3) MEDICAL PRIVACY OF FIREFIGHTERS.— on the date that is 10 years after the date of (f) USES.—The Trail System shall be used Section 9 of the Federal Fire Prevention and enactment of this Act. for nonmotorized mountain bike recreation, Control Act of 1974 (15 U.S.C. 2208) is amend- (k) SAVINGS CLAUSE.—Nothing in this sec- as described in the Decision Record. ed by adding at the end the following: tion— (g) ACQUISITION.— ‘‘(e) MEDICAL PRIVACY OF FIREFIGHTERS.— (1) requires the Secretary concerned to es- (1) IN GENERAL.—On the request of the The collection, storage, and transfer of any tablish a new program, system, or database State, the Secretary shall seek to acquire medical data collected under this section to replace an existing program, system, or State land, or interests in State land, lo- shall be conducted in accordance with— database that meets the objectives of this cated within the Trail System by purchase ‘‘(1) the privacy regulations promulgated section; or from a willing seller or exchange. under section 264(c) of the Health Insurance (2) precludes the Secretary concerned from (2) ADMINISTRATION OF ACQUIRED LAND.— Portability and Accountability Act of 1996 using existing or future technology that— Any land acquired under this subsection (42 U.S.C. 1320d–2 note; Public Law 104–191); (A) is more efficient, safer, or better meets shall be administered as part of the Trail and the needs of firefighters, other personnel, or System. ‘‘(2) other applicable regulations, including the public; and (h) FEES.—No fees shall be charged for ac- parts 160, 162, and 164 of title 45, Code of Fed- (B) meets the objectives of this section. cess to, or use of, the Trail System and asso- eral Regulations (as in effect on the date of SEC. 1115. MCCOY FLATS TRAIL SYSTEM. ciated parking areas. enactment of this subsection).’’. (a) DEFINITIONS.—In this section: SEC. 1116. TECHNICAL CORRECTIONS TO CER- (h) RAPID RESPONSE EROSION DATABASE.— (1) COUNTY.—The term ‘‘County’’ means TAIN LAWS RELATING TO FEDERAL (1) IN GENERAL.—The Secretaries, in con- Uintah County, Utah. LAND IN THE STATE OF NEVADA. sultation with the Administrator of the Na- (2) DECISION RECORD.—The term ‘‘Decision (a) AMENDMENT TO CONVEYANCE OF FED- tional Aeronautics and Space Administra- Record’’ means the Decision Record prepared ERAL LAND IN STOREY COUNTY, NEVADA.—Sec- tion and the Secretary of Commerce, shall by the Bureau of Land Management for the tion 3009(d) of the Carl Levin and Howard P. establish and maintain a database, to be Environmental Assessment for the McCoy ‘‘Buck’’ McKeon National Defense Author- known as the ‘‘Rapid Response Erosion Data- Flats Trail System numbered DOI–BLM– ization Act for Fiscal Year 2015 (Public Law base’’ (referred to in this subsection as the G010–2012–0057 and dated October 2012. 113–291; 128 Stat. 3751) is amended— ‘‘Database’’). (3) STATE.—The term ‘‘State’’ means the (1) in paragraph (1)— (2) OPEN-SOURCE DATABASE.— State of Utah. (A) by striking subparagraphs (B) through (A) AVAILABILITY.—The Secretaries shall (4) TRAIL SYSTEM.—The term ‘‘Trail Sys- (D) and redesignating subparagraph (E) as make the Database (including the original tem’’ means the McCoy Flats Trail System subparagraph (D); and source code)— established by subsection (b)(1). (B) by inserting after subparagraph (A) the (i) web-based; and (b) ESTABLISHMENT.— following: (ii) available without charge. (1) IN GENERAL.—Subject to valid existing ‘‘(B) FEDERAL LAND.—The term ‘Federal (B) COMPONENTS.—To the maximum extent rights, there is established the McCoy Flats land’ means the land generally depicted as practicable, the Database shall provide for— Trail System in the State. ‘Federal land’ on the map. (i) the automatic incorporation of spatial (2) AREA INCLUDED.—The Trail System ‘‘(C) MAP.—The term ‘map’ means the map data relating to vegetation, soils, and ele- shall include public land administered by the entitled ‘Storey County Land Conveyance’ vation into an applicable map created by the Bureau of Land Management in the County, and dated June 6, 2018.’’. Secretary concerned that depicts the as described in the Decision Record. (2) in paragraph (3)— changes in land-cover and soil properties (c) MAP AND LEGAL DESCRIPTION.— (A) in subparagraph (A)(i), by striking caused by a wildland fire; and (1) IN GENERAL.—As soon as practicable ‘‘after completing the mining claim validity (ii) the generation of a composite map that after the date of enactment of this Act, the review under paragraph (2)(B), if requested can be used by the Secretary concerned to Secretary shall prepare a map and legal de- by the County,’’; and model the effectiveness of treatments in the scription of the Trail System. (B) in subparagraph (B)— burned area to prevent flooding, erosion, and (2) AVAILABILITY; TRANSMITTAL TO CON- (i) in clause (i)— landslides under a range of weather sce- GRESS.—The map and legal description pre- (I) in the matter preceding subclause (I), narios. pared under paragraph (1) shall be— by striking ‘‘each parcel of land located in a (3) USE.—The Secretary concerned shall (A) available in appropriate offices of the mining townsite’’ and inserting ‘‘any Federal use the Database, as applicable, in devel- Bureau of Land Management; and land’’; oping recommendations for emergency sta- (B) transmitted by the Secretary to— (II) in subclause (I), by striking ‘‘mining bilization treatments or modifications to (i) the Committee on Natural Resources of townsite’’ and inserting ‘‘Federal land’’; and drainage structures to protect values-at-risk the House of Representatives; and (III) in subclause (II), by striking ‘‘mining following a wildland fire. (ii) the Committee on Energy and Natural townsite (including improvements to the (4) COORDINATION.—The Secretaries may Resources of the Senate. mining townsite), as identified for convey- share the Database, and any results gen- (3) FORCE AND EFFECT.—The map and legal ance on the map’’ and inserting ‘‘Federal erated in using the Database, with any State description prepared under paragraph (1) land (including improvements)’’; or unit of local government. shall have the same force and effect as if in- (ii) by striking clause (ii); (i) PREDICTING WHERE WILDFIRES WILL cluded in this section, except that the Sec- (iii) by striking the subparagraph designa- START.— retary may correct any clerical or typo- tion and heading and all that follows (1) IN GENERAL.—The Secretaries, in con- graphical errors in the map and legal de- through ‘‘With respect’’ in the matter pre- sultation with the Administrator of the Na- scription. ceding subclause (I) of clause (i) and insert- tional Aeronautics and Space Administra- (d) ADMINISTRATION.—The Secretary shall ing the following: tion, the Secretary of Energy, and the Sec- administer the Trail System in accordance ‘‘(B) VALID MINING CLAIMS.—With respect’’; retary of Commerce, through the capabili- with— and ties and assets located at the National Lab- (1) the Federal Land Policy and Manage- (iv) by redesignating subclauses (I) and (II) oratories, shall establish and maintain a sys- ment Act of 1976 (43 U.S.C. 1701 et seq.); as clauses (i) and (ii), respectively, and in- tem to predict the locations of future (2) this section; and denting appropriately; wildfires for fire-prone areas of the United (3) other applicable law. (3) in paragraph (4)(A), by striking ‘‘a min- States. (e) MANAGEMENT PLAN.— ing townsite conveyed under paragraph

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1208 CONGRESSIONAL RECORD — SENATE February 12, 2019

(3)(B)(i)(II)’’ and inserting ‘‘Federal land con- (d) ISSUANCE OF CORRECTIVE PATENT IN LIN- ‘‘(2) to exclude the land identified as ‘NFS veyed under paragraph (2)(B)(ii)’’; COLN COUNTY, NEVADA.— Lands’ on the map entitled ‘Proposed Wilder- (4) in paragraph (5), by striking ‘‘a mining (1) IN GENERAL.—The Secretary, acting ness Boundary Adjustment High Schells Wil- townsite under paragraph (3)’’ and inserting through the Director of the Bureau of Land derness Area’ and dated January 19, 2017.’’. ‘‘Federal land under paragraph (2)’’; Management, may issue a corrective patent (2) AMENDMENTS TO THE NEVADA WILDER- (5) in paragraph (6), in the matter pre- for the 7,548 acres of land in Lincoln County, NESS PROTECTION ACT OF 1989.—The Nevada ceding subparagraph (A), by striking ‘‘min- Nevada, depicted on the map prepared by the Wilderness Protection Act of 1989 (Public ing townsite’’ and inserting ‘‘Federal land’’; Bureau of Land Management entitled ‘‘Pro- Law 101–195; 16 U.S.C. 1132 note) is amended (6) in paragraph (7), by striking ‘‘A mining posed Lincoln County Land Reconfigura- by adding at the end the following: townsite to be conveyed by the United tion’’ and dated January 28, 2016. ‘‘SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. States under paragraph (3)’’ and inserting (2) APPLICABLE LAW.—A corrective patent ‘‘The boundary of the Arc Dome Wilderness ‘‘The exterior boundary of the Federal land issued under paragraph (1) shall be treated as established under section 2(2) is adjusted to to be conveyed by the United States under issued pursuant to, and in compliance with, exclude the land identified as ‘Exclude from paragraph (2)’’; the Nevada-Florida Land Exchange Author- Wilderness’ on the map entitled ‘Arc Dome (7) in paragraph (9)— ization Act of 1988 (Public Law 100–275; 102 Adjustment’ and dated November 3, 2014.’’. (A) by striking ‘‘a mining townsite under Stat. 52). SEC. 1117. ASHLEY KARST NATIONAL RECRE- paragraph (3)’’ and inserting ‘‘the Federal (e) CONVEYANCE TO LINCOLN COUNTY, NE- ATION AND GEOLOGIC AREA. land under paragraph (2)’’; and VADA, TO SUPPORT A LANDFILL.— (a) DEFINITIONS.—In this section: (B) by striking ‘‘the mining townsite’’ and (1) IN GENERAL.—As soon as practicable (1) MANAGEMENT PLAN.—The term ‘‘Man- inserting ‘‘the Federal land’’; after the date of enactment of this Act, and agement Plan’’ means the management plan (8) in paragraph (10), by striking ‘‘the ex- subject to valid existing rights, at the re- for the Recreation Area prepared under sub- amination’’ and all that follows through the quest of Lincoln County, Nevada, the Sec- section (e)(2)(A). period at the end and inserting ‘‘the convey- retary shall convey without consideration (2) MAP.—The term ‘‘Map’’ means the map ance under paragraph (2) should be com- under the Act of June 14, 1926 (commonly entitled ‘‘Northern Utah Lands Management pleted by not later than 18 months after the known as the ‘‘Recreation and Public Pur- Act-Overview’’ and dated February 4, 2019. date of enactment of the Natural Resources poses Act’’) (44 Stat. 741, chapter 578; 43 (3) RECREATION AREA.—The term ‘‘Recre- Management Act.’’; U.S.C. 869 et seq.), to Lincoln County all ation Area’’ means the Ashley Karst Na- (9) by striking paragraphs (2) and (8); right, title and interest of the United States tional Recreation and Geologic Area estab- (10) by redesignating paragraphs (3) in and to approximately 400 acres of land in lished by subsection (b)(1). through (7) and (9) and (10) as paragraphs (2) Lincoln County, Nevada, more particularly (4) SECRETARY.—The term ‘‘Secretary’’ through (6) and (7) and (8) respectively; and described as follows: T. 11 S., R. 62, E., Sec- means the Secretary of Agriculture. (5) STATE.—The term ‘‘State’’ means the (11) by adding at the end the following: tion 25 E 1⁄2 of W 1⁄2; and W 1⁄2 of E 1⁄2; and E State of Utah. ‘‘(9) AVAILABILITY OF MAP.—The map shall 1⁄2 of SE 1⁄4. (b) ESTABLISHMENT.— be on file and available for public inspection (2) RESERVATION.—The Secretary shall re- in the appropriate offices of the Bureau of serve to the United States the mineral estate (1) IN GENERAL.—Subject to valid existing Land Management.’’. in any land conveyed under paragraph (1). rights, there is established the Ashley Karst National Recreation and Geologic Area in (b) MODIFICATION OF UTILITY CORRIDOR.— (3) USE OF CONVEYED LAND.—The land con- the State. The Secretary shall realign the utility cor- veyed under paragraph (1) shall be used by (2) AREA INCLUDED.—The Recreation Area ridor established by section 301(a) of the Lin- Lincoln County, Nevada, to provide a suit- shall consist of approximately 173,475 acres coln County Conservation, Recreation, and able location for the establishment of a cen- of land in the Ashley National Forest, as Development Act of 2004 (Public Law 108–424; tralized landfill and to provide a designated generally depicted on the Map. 118 Stat. 2412) to be aligned as generally de- area and authorized facilities to discourage (c) PURPOSES.—The purposes of the Recre- unauthorized dumping and trash disposal on picted on the map entitled ‘‘Proposed ation Area are to conserve and protect the LCCRDA Utility Corridor Realignment’’ and environmentally-sensitive public land. Lin- watershed, geological, recreational, wildlife, dated March 14, 2017, by modifying the map coln County may not dispose of the land con- scenic, natural, cultural, and historic re- entitled ‘‘Lincoln County Conservation, veyed under paragraph (1). sources of the Recreation Area. Recreation, and Development Act’’ (referred (4) REVERSION.—If Lincoln County, Nevada, (d) MAP AND LEGAL DESCRIPTION.— to in this subsection as the ‘‘Map’’) and ceases to use any parcel of land conveyed (1) IN GENERAL.—As soon as practicable dated October 1, 2004, by— under paragraph (1) for the purposes de- after the date of enactment of this Act, the (1) removing the utility corridor from sec- scribed in paragraph (3)— Secretary shall prepare and submit to the tions 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. (A) title to the parcel shall revert to the Committee on Natural Resources and the 68 E., of the Map; and Secretary, at the option of the Secretary; Committee on Agriculture of the House of (2) redesignating the utility corridor so as and Representatives and the Committee on En- to appear on the Map in— (B) Lincoln County shall be responsible for ergy and Natural Resources of the Senate a (A) sections 31, 32, and 33, T. 8 N., R. 68 E.; any reclamation necessary to restore the map and legal description of the Recreation (B) sections 4, 5, 6, and 7, T. 7 N., R. 68 E.; parcel to a condition acceptable to the Sec- Area. and retary. (2) EFFECT.—The map and legal description (C) sections 1 and 12, T. 7 N., 67 E. (f) MT. MORIAH WILDERNESS, HIGH SCHELLS prepared under paragraph (1) shall have the (c) FINAL CORRECTIVE PATENT IN CLARK WILDERNESS, AND ARC DOME WILDERNESS same force and effect as if included in this COUNTY, NEVADA.— BOUNDARY ADJUSTMENTS.— section, except that the Secretary may cor- (1) VALIDATION OF PATENT.—Patent number (1) AMENDMENTS TO THE PAM WHITE WILDER- rect minor errors in the map or legal descrip- 27–2005–0081, issued by the Bureau of Land NESS ACT OF 2006.—Section 323 of the Pam tion. Management on February 18, 2005, is af- White Wilderness Act of 2006 (16 U.S.C. 1132 (3) AVAILABILITY.—A copy of the map and firmed and validated as having been issued note; 120 Stat. 3031) is amended by striking legal description prepared under paragraph pursuant to, and in compliance with, the Ne- subsection (e) and inserting the following: (1) shall be on file and available for public in- vada-Florida Land Exchange Authorization ‘‘(e) MT. MORIAH WILDERNESS ADJUST- spection in the appropriate offices of the Act of 1988 (Public Law 100–275; 102 Stat. 52), MENT.—The boundary of the Mt. Moriah Wil- Forest Service. the National Environmental Policy Act of derness established under section 2(13) of the (e) ADMINISTRATION.— 1969 (42 U.S.C. 4321 et seq.), and the Federal Nevada Wilderness Protection Act of 1989 (16 (1) IN GENERAL.—The Secretary shall ad- Land Policy and Management Act of 1976 (43 U.S.C. 1132 note) is adjusted to include— minister the Recreation Area in accordance U.S.C. 1701 et seq.) for the benefit of the ‘‘(1) the land identified as the ‘Mount with— desert tortoise, other species, and the habi- Moriah Wilderness Area’ and ‘Mount Moriah (A) the laws generally applicable to the tat of the desert tortoise and other species to Additions’ on the map entitled ‘Eastern National Forest System, including the For- increase the likelihood of the recovery of the White Pine County’ and dated November 29, est and Rangeland Renewable Resources desert tortoise and other species. 2006; and Planning Act of 1974 (16 U.S.C. 1600 et seq.); (2) RATIFICATION OF RECONFIGURATION.—The ‘‘(2) the land identified as ‘NFS Lands’ on (B) this section; and process used by the United States Fish and the map entitled ‘Proposed Wilderness (C) any other applicable law. Wildlife Service and the Bureau of Land Boundary Adjustment Mt. Moriah Wilder- (2) MANAGEMENT PLAN.— Management in reconfiguring the land de- ness Area’ and dated January 19, 2017. (A) IN GENERAL.—Not later than 2 years scribed in paragraph (1), as depicted on Ex- ‘‘(f) HIGH SCHELLS WILDERNESS ADJUST- after the date of enactment of this Act, the hibit 1–4 of the Final Environmental Impact MENT.—The boundary of the High Schells Secretary shall prepare a management plan Statement for the Planned Development Wilderness established under subsection for the Recreation Area. Project MSHCP, Lincoln County, NV (FWS– (a)(11) is adjusted— (B) CONSULTATION.—The Secretary shall— R8–ES–2008–N0136), and the reconfiguration ‘‘(1) to include the land identified as ‘In- (i) prepare the management plan in con- provided for in special condition 10 of the clude as Wilderness’ on the map entitled sultation and coordination with Uintah Corps of Engineers Permit No. 000005042, are ‘McCoy Creek Adjustment’ and dated No- County, Utah, and affected Indian Tribes; ratified. vember 3, 2014; and and

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1209 (ii) provide for public input in the prepara- as the Secretary considers to be necessary in SEC. 1118. JOHN WESLEY POWELL NATIONAL tion of the management plan. accordance with— CONSERVATION AREA. (f) USES.—The Secretary shall only allow (1) applicable law (including regulations); (a) DEFINITIONS.—In this section: such uses of the Recreation Area that (2) the purposes of the Recreation Area; (1) MAP.—The term ‘‘Map’’ means the Bu- would— and reau of Land Management map entitled (1) further the purposes for which the (3) the guidelines set forth in the report of ‘‘Proposed John Wesley Powell National Recreation Area is established; and the Committee on Interior and Insular Af- Conservation Area’’ and dated December 10, (2) promote the long-term protection and fairs of the House of Representatives accom- 2018. management of the watershed and under- panying H.R. 5487 of the 96th Congress (H. (2) NATIONAL CONSERVATION AREA.—The ground karst system of the Recreation Area. Rept. 96–617). term ‘‘National Conservation Area’’ means (g) MOTORIZED VEHICLES.— (j) FISH AND WILDLIFE.—Nothing in this the John Wesley Powell National Conserva- (1) IN GENERAL.—Except as needed for section affects the jurisdiction of the State tion Area established by subsection (b)(1). STABLISHMENT.— emergency response or administrative pur- with respect to the management of fish and (b) E (1) IN GENERAL.—Subject to valid existing poses, the use of motorized vehicles in the wildlife on Federal land in the State. rights, there is established the John Wesley Recreation Area shall be permitted only on (k) WILDLIFE WATER PROJECTS.—The Sec- Powell National Conservation Area in the roads and motorized routes designated in the retary, in consultation with the State, may State of Utah. Management Plan for the use of motorized authorize wildlife water projects (including (2) AREA INCLUDED.—The National Con- vehicles. guzzlers) within the Recreation Area. servation Area shall consist of approxi- (2) NEW ROADS.—No new permanent or tem- (l) WATER RIGHTS.—Nothing in this sec- porary roads or other motorized vehicle tion— mately 29,868 acres of public land adminis- routes shall be constructed within the Recre- (1) constitutes an express or implied res- tered by the Bureau of Land Management as ation Area after the date of enactment of ervation by the United States of any water generally depicted on the Map. (c) PURPOSES.—The purposes of the Na- this Act. rights with respect to the Recreation Area; tional Conservation Area are to conserve, (3) EXISTING ROADS.— (2) affects any water rights in the State; protect, and enhance for the benefit of (A) IN GENERAL.—Necessary maintenance (3) affects the use or allocation, in exist- present and future generations the nation- or repairs to existing roads designated in the ence on the date of enactment of this Act, of ally significant historic, cultural, natural, Management Plan for the use of motorized any water, water right, or interest in water; scientific, scenic, recreational, archae- vehicles, including necessary repairs to keep (4) affects any vested absolute or decreed ological, educational, and wildlife resources existing roads free of debris or other safety conditional water right in existence on the of the National Conservation Area. hazards, shall be permitted after the date of date of enactment of this Act, including any (d) MAP AND LEGAL DESCRIPTION.— enactment of this Act, consistent with the water right held by the United States; (5) affects any interstate water compact in (1) IN GENERAL.—As soon as practicable requirements of this section. after the date of enactment of this Act, the (B) REROUTING.—Nothing in this subsection existence on the date of enactment of this Act; or Secretary shall prepare and file a map and prevents the Secretary from rerouting an ex- legal description of the National Conserva- isting road or trail to protect Recreation (6) shall be considered to be a relinquish- ment or reduction of any water rights re- tion Area with the Committee on Energy and Area resources from degradation, or to pro- Natural Resources of the Senate and the tect public safety, as determined to be appro- served or appropriated by the United States in the State on or before the date of enact- Committee on Natural Resources of the priate by the Secretary. House of Representatives. (4) OVER SNOW VEHICLES.— ment of this Act. (m) WITHDRAWAL.—Subject to valid exist- (2) EFFECT.—The map and legal description (A) IN GENERAL.—Nothing in this section prepared under paragraph (1) shall have the prohibits the use of snowmobiles and other ing rights, all Federal land in the Recreation Area is withdrawn from— same force and effect as if included in this over snow vehicles within the Recreation section, except that the Secretary may cor- Area. (1) all forms of entry, appropriation, and disposal under the public land laws; rect minor errors in the map or legal descrip- (B) WINTER RECREATION USE PLAN.—Not tion. later than 2 years after the date of enact- (2) location, entry, and patent under the (3) AVAILABILITY.—A copy of the map and ment of this Act, the Secretary shall under- mining laws; and (3) operation of the mineral leasing, min- legal description shall be on file and avail- take a winter recreation use planning proc- able for public inspection in the appropriate ess, which shall include opportunities for use eral materials, and geothermal leasing laws. (n) VEGETATION MANAGEMENT.—Nothing in offices of the Bureau of Land Management. by snowmobiles or other over snow vehicles this section prevents the Secretary from (e) MANAGEMENT.—The Secretary shall in appropriate areas of the Recreation Area. conducting vegetation management projects, manage the National Conservation Area— (5) APPLICABLE LAW.—Activities authorized including fuels reduction activities, within (1) in a manner that conserves, protects, under this subsection shall be consistent the Recreation Area for the purposes of im- and enhances the resources of the National with the applicable forest plan and travel proving water quality and reducing risks Conservation Area; management plan for, and any law (including from wildfire. (2) in accordance with— regulations) applicable to, the Ashley Na- (o) WILDLAND FIRE OPERATIONS.—Nothing (A) the Federal Land Policy and Manage- tional Forest. in this section prohibits the Secretary, in ment Act of 1976 (43 U.S.C. 1701 et seq.); (h) WATER INFRASTRUCTURE.— consultation with other Federal, State, (B) this section; and (1) EXISTING ACCESS.—The designation of local, and Tribal agencies, as appropriate, (C) any other applicable law; and the Recreation Area shall not affect the abil- from conducting wildland fire treatment op- (3) as a component of the National Land- ity of authorized users to access, operate, erations or restoration operations in the scape Conservation System. and maintain water infrastructure facilities Recreation Area, consistent with the pur- (4) MANAGEMENT PLAN.— within the Recreation Area in accordance poses of this section. (A) IN GENERAL.—Not later than 2 years with applicable authorizations and permits. (p) RECREATION FEES.—Except for fees for after the date of enactment of this Act, the (2) COOPERATIVE AGREEMENTS.— improved campgrounds, the Secretary is pro- Secretary shall develop a management plan (A) IN GENERAL.—The Secretary shall offer hibited from collecting recreation entrance for the National Conservation Area. to enter into a cooperative agreement with or recreation use fees within the Recreation (B) CONSULTATION.—The Secretary shall authorized users and local governmental en- Area. prepare the management plan— tities to provide, in accordance with any ap- (q) COMMUNICATION INFRASTRUCTURE.— (i) in consultation and coordination with plicable law (including regulations)— Nothing in this section affects the continued the State of Utah, Uintah County, and af- (i) access, including motorized access, for use of, and access to, communication infra- fected Indian Tribes; and repair and maintenance to water infrastruc- structure (including necessary upgrades) (ii) after providing for public input. ture facilities within the Recreation Area, within the Recreation Area, in accordance (f) USES.—The Secretary shall only allow including Whiterocks Reservoir, subject to with applicable authorizations and permits. such uses of the National Conservation Area such terms and conditions as the Secretary (r) NON-FEDERAL LAND.— as the Secretary determines would further determines to be necessary; and (1) IN GENERAL.—Nothing in this section af- the purposes for which the National Con- (ii) access and maintenance by authorized fects non-Federal land or interests in non- servation is established. users and local governmental entities for the Federal land within the Recreation Area. (g) ACQUISITION.— continued delivery of water to the Ashley (2) ACCESS.—The Secretary shall provide (1) IN GENERAL.—The Secretary may ac- Valley if water flows cease or become dimin- reasonable access to non-Federal land or in- quire land or interests in land within the ished due to impairment of the karst system, terests in non-Federal land within the Recre- boundaries of the National Conservation subject to such terms and conditions as the ation Area. Area by purchase from a willing seller, dona- Secretary determines to be necessary. (s) OUTFITTING AND GUIDE ACTIVITIES.— tion, or exchange. (i) GRAZING.—The grazing of livestock in Outfitting and guide services within the (2) INCORPORATION IN NATIONAL CONSERVA- the Recreation Area, where established be- Recreation Area, including commercial out- TION AREA.—Any land or interest in land lo- fore the date of enactment of this Act, shall fitting and guide services, are authorized in cated inside the boundary of the National be allowed to continue, subject to such rea- accordance with this section and other appli- Conservation Area that is acquired by the sonable regulations, policies, and practices cable law (including regulations). United States after the date of enactment of

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1210 CONGRESSIONAL RECORD — SENATE February 12, 2019 this Act shall be added to and administered tivity or use on land outside the National (iii) under review for a pending right-of- as part of the National Conservation Area. Conservation Area can be seen or heard with- way for a natural gas corridor; (3) STATE LAND.—On request of the Utah in the National Conservation Area shall not (iv) within the Arctic National Wildlife School and Institutional Trust Lands Ad- preclude the activity or use outside the Refuge; ministration and, if practicable, not later boundary of the Area. (v) within a unit of the National Forest than 5 years after the date of enactment of (o) WITHDRAWAL.— System; this Act, the Secretary shall seek to acquire (1) IN GENERAL.—Subject to valid existing (vi) designated as wilderness by Congress; all State-owned land within the boundaries rights, all Federal land in the National Con- (vii) within a unit of the National Park of the National Conservation Area by ex- servation Area (including any land acquired System, a National Preserve, or a National change or purchase, subject to the appropria- after the date of enactment of this Act) is Monument; tion of necessary funds. withdrawn from— (viii) within a component of the National (h) MOTORIZED VEHICLES.— (A) all forms of entry, appropriation, and Trails System; (1) IN GENERAL.—Subject to paragraph (2), disposal under the public land laws; (ix) within a component of the National except in cases in which motorized vehicles (B) location, entry, and patent under the Wild and Scenic Rivers System; or are needed for administrative purposes or to mining laws; and (x) within the National Petroleum Re- respond to an emergency, the use of motor- (C) operation of the mineral leasing, min- serve–Alaska. ized vehicles in the National Conservation eral materials, and geothermal leasing laws. (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- Area shall be permitted only on roads des- (p) VEGETATION MANAGEMENT.—Nothing in ble individual’’ means an individual who, as ignated in the management plan. this section prevents the Secretary from determined by the Secretary in accordance (2) USE OF MOTORIZED VEHICLES PRIOR TO conducting vegetation management projects, with subsection (c)(1), is— COMPLETION OF MANAGEMENT PLAN.—Prior to including fuels reduction activities, within (A) a Native veteran— completion of the management plan, the use the National Conservation Area that are (i) who served in the Armed Forces during of motorized vehicles within the National consistent with this section and that further the period between August 5, 1964, and De- Conservation Area shall be permitted in ac- the purposes of the National Conservation cember 31, 1971; and Area. cordance with the applicable Bureau of Land (ii) has not received an allotment made (q) WILDLAND FIRE OPERATIONS.—Nothing pursuant to— Management resource management plan. in this section prohibits the Secretary, in (i) GRAZING.—The grazing of livestock in (I) the Act of May 17, 1906 (34 Stat. 197, consultation with other Federal, State, the National Conservation Area, where es- chapter 2469) (as in effect on December 17, local, and Tribal agencies, as appropriate, tablished before the date of enactment of 1971); from conducting wildland fire prevention this Act, shall be allowed to continue, sub- (II) section 14(h)(5) of the Alaska Native and restoration operations in the National ject to such reasonable regulations, policies, Claims Settlement Act (43 U.S.C. 1613(h)(5)); Conservation Area, consistent with the pur- or and practices as the Secretary considers to poses of this section. (III) section 41 of the Alaska Native Claims be necessary in accordance with— (r) RECREATION FEES.—Except for improved Settlement Act (43 U.S.C. 1629g); or (1) applicable law (including regulations); campgrounds, the Secretary is prohibited (2) the purposes of the National Conserva- from collecting recreation entrance or use (B) is the personal representative of the es- tion Area; and fees within the National Conservation Area. tate of a deceased eligible individual de- (3) the guidelines set forth in Appendix A (s) OUTFITTING AND GUIDE ACTIVITIES.— scribed in subparagraph (A), who has been of the report of the Committee on Interior Outfitting and guide services within the Na- duly appointed in the appropriate Alaska and Insular Affairs of the House of Rep- tional Conservation Area, including commer- State court or a registrar has qualified, act- resentatives accompanying H.R. 2570 of the cial outfitting and guide services, are au- ing for the benefit of the heirs of the estate 101st Congress (House Report 101–405). thorized in accordance with this section and of a deceased eligible individual described in (j) FISH AND WILDLIFE.—Nothing in this other applicable law (including regulations). subparagraph (A). section affects the jurisdiction of the State (t) NON-FEDERAL LAND.— (3) NATIVE; REGIONAL CORPORATION; VILLAGE of Utah with respect to the management of (1) IN GENERAL.—Nothing in this section af- CORPORATION.—The terms ‘‘Native’’, ‘‘Re- fish and wildlife on Federal land in the fects non-Federal land or interests in non- gional Corporation’’, and ‘‘Village Corpora- State. Federal land within the National Conserva- tion’’ have the meanings given those terms (k) WILDLIFE WATER PROJECTS.—The Sec- tion Area. in section 3 of the Alaska Native Claims Set- retary, in consultation with the State of (2) REASONABLE ACCESS.—The Secretary tlement Act (43 U.S.C. 1602). Utah, may authorize wildlife water projects shall provide reasonable access to non-Fed- (4) STATE.—The term ‘‘State’’ means the (including guzzlers) within the National Con- eral land or interests in non-Federal land State of Alaska. servation Area. within the National Conservation Area. (5) VETERAN.—The term ‘‘veteran’’ has the (l) GREATER SAGE-GROUSE CONSERVATION (u) RESEARCH AND INTERPRETIVE MANAGE- meaning given the term in section 101 of PROJECTS.—Nothing in this section affects MENT.—The Secretary may establish pro- title 38, United States Code. the authority of the Secretary to undertake grams and projects for the conduct of sci- (b) ALLOTMENTS FOR ELIGIBLE INDIVID- Greater sage-grouse (Centrocercus entific, historical, cultural, archeological, UALS.— urophasianus) conservation projects to main- and natural studies through the use of public (1) INFORMATION TO DETERMINE ELIGI- tain and improve Greater sage-grouse habi- and private partnerships that further the BILITY.— tat, including the management of vegetation purposes of the National Conservation Area. (A) IN GENERAL.—Not later than 180 days through mechanical means, to further the SEC. 1119. ALASKA NATIVE VIETNAM ERA VET- after the date of enactment of this Act, the purposes of the National Conservation Area. ERANS LAND ALLOTMENT. Secretary of Defense, in coordination with (m) WATER RIGHTS.—Nothing in this sec- (a) DEFINITIONS.—In this section: the Secretary of Veterans Affairs, shall pro- tion— (1) AVAILABLE FEDERAL LAND.— vide to the Secretary a list of all members of (1) constitutes an express or implied res- (A) IN GENERAL.—The term ‘‘available Fed- the Armed Forces who served during the pe- ervation by the United States of any water eral land’’ means Federal land in the State riod between August 5, 1964, and December rights with respect to the National Con- that— 31, 1971. servation Area; (i) is vacant, unappropriated, and unre- (B) USE.—The Secretary shall use the in- (2) affects any water rights in the State; served and is identified as available for selec- formation provided under subparagraph (A) (3) affects the use or allocation, in exist- tion under subsection (b)(5); or to determine whether an individual meets ence on the date of enactment of this Act, of (ii) has been selected by, but not yet con- the military service requirements under sub- any water, water right, or interest in water; veyed to— section (a)(2)(A)(i). (4) affects any vested absolute or decreed (I) the State, if the State agrees to volun- (C) OUTREACH AND ASSISTANCE.—The Sec- conditional water right in existence on the tarily relinquish the selection of the Federal retary, in coordination with the Secretary of date of enactment of this Act, including any land for selection by an eligible individual; Veterans Affairs, shall conduct outreach, water right held by the United States; or and provide assistance in applying for allot- (5) affects any interstate water compact in (II) a Regional Corporation or a Village ments, to eligible individuals. existence on the date of enactment of this Corporation, if the Regional Corporation or (2) REGULATIONS.—Not later than 18 Act; or Village Corporation agrees to voluntarily re- months after the date of enactment of this (6) shall be considered to be a relinquish- linquish the selection of the Federal land for section, the Secretary shall promulgate reg- ment or reduction of any water rights re- selection by an eligible individual. ulations to carry out this subsection. served or appropriated by the United States (B) EXCLUSIONS.—The term ‘‘available Fed- (3) SELECTION BY ELIGIBLE INDIVIDUALS.— in the State on or before the date of enact- eral land’’ does not include any Federal land (A) IN GENERAL.—An eligible individual— ment of this Act. in the State that is— (i) may select 1 parcel of not less than 2.5 (n) NO BUFFER ZONES.— (i)(I) a right-of-way of the TransAlaska acres and not more than 160 acres of avail- (1) IN GENERAL.—Nothing in this section Pipeline; or able Federal land; and creates a protective perimeter or buffer zone (II) an inner or outer corridor of such a (ii) on making a selection pursuant to around the National Conservation Area. right-of-way; clause (i), shall submit to the Secretary an (2) ACTIVITIES OUTSIDE NATIONAL CONSERVA- (ii) withdrawn or acquired for purposes of allotment selection application for the appli- TION AREA.—The fact that an authorized ac- the Armed Forces; cable parcel of available Federal land.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1211

(B) SELECTION PERIOD.—An eligible indi- tional Wildlife Refuge System and the spe- ent Resurvey and Survey’’ and dated Feb- vidual may apply for an allotment during cific purposes for which the unit was estab- ruary 28, 2006. the 5-year period beginning on the effective lished, and this subsection. (2) GRADIENT BOUNDARY SURVEY METHOD.— date of the final regulations issued under (3) FACTORS TO BE CONSIDERED.—In deter- The term ‘‘gradient boundary survey meth- paragraph (2). mining whether Federal lands within units od’’ means the measurement technique used (4) CONFLICTING SELECTIONS.—If 2 or more of the National Wildlife Refuge System in to locate the South Bank boundary line in eligible individuals submit to the Secretary the State should be made available under accordance with the methodology estab- an allotment selection application under paragraph (1)(A), the Secretary shall take lished in Oklahoma v. Texas, 261 U.S. 340 paragraph (3)(A)(ii) for the same parcel of into account— (1923) (recognizing that the boundary line available Federal land, the Secretary shall— (A) the proximity of the Federal land made along the Red River is subject to change due (A) give preference to the selection appli- available for allotment selection under sub- to erosion and accretion). cation received on the earliest date; and section (b)(5) to eligible individuals; (3) LANDOWNER.—The term ‘‘landowner’’ (B) provide to each eligible individual the (B) the proximity of the units of the Na- means any individual, group, association, selection application of whom is rejected tional Wildlife Refuge System in the State corporation, federally recognized Indian under subparagraph (A) an opportunity to se- to eligible individuals; and tribe or member of such an Indian tribe, or lect a substitute parcel of available Federal (C) the amount of additional Federal land other private or governmental legal entity land. within units of the National Wildlife Refuge that owns an interest in land in the affected (5) IDENTIFICATION OF AVAILABLE FEDERAL System in the State that the Secretary esti- area. LAND ADMINISTERED BY THE BUREAU OF LAND mates would be necessary to make allot- (4) SECRETARY.—The term ‘‘Secretary’’ MANAGEMENT.— ments available for selection by eligible indi- means the Secretary, acting through the Di- (A) IN GENERAL.—Not later than 1 year viduals. rector of the Bureau of Land Management. after the date of enactment of this Act, the (4) IDENTIFYING FEDERAL LAND IN UNITS OF (5) SOUTH BANK.—The term ‘‘South Bank’’ Secretary, in consultation with the State, THE NATIONAL WILDLIFE REFUGE SYSTEM.—In means the water-washed and relatively per- Regional Corporations, and Village Corpora- identifying whether Federal lands within manent elevation or acclivity (commonly tions, shall identify Federal land adminis- units of the National Wildlife Refuge System known as a ‘‘cut bank’’) along the southerly tered by the Bureau of Land Management as in the State should be made available for al- or right side of the Red River that— available Federal land for allotment selec- lotment under paragraph (2)(B), the Sec- (A) separates the bed of that river from the tion in the State by eligible individuals. retary shall not identify any Federal land in adjacent upland, whether valley or hill; and (B) CERTIFICATION; SURVEY.—The Secretary a unit of the National Wildlife Refuge Sys- (B) usually serves, as specified in the fifth shall— tem— paragraph of Oklahoma v. Texas, 261 U.S. 340 (i) certify that the available Federal land (A) the conveyance of which, independ- (1923)— identified under subparagraph (A) is free of ently or as part of a group of allotments— (i) to confine the waters within the bed; known contamination; and (i) could significantly interfere with bio- and (ii) survey the available Federal land iden- logical, physical, cultural, scenic, rec- (ii) to preserve the course of the river. tified under subparagraph (A) into aliquot reational, natural quiet, or subsistence val- (6) SOUTH BANK BOUNDARY LINE.—The term parts and lots, segregating all navigable and ues of the unit of the National Wildlife Ref- ‘‘South Bank boundary line’’ means the meanderable waters and land not available uge System; boundary, with respect to title and owner- for allotment selection. (ii) could obstruct access by the public or ship, between the States of Oklahoma and (C) MAPS.—As soon as practicable after the the Fish and Wildlife Service to the resource Texas identified through the gradient bound- date on which available Federal land is iden- values of the unit; ary survey method that does not impact or tified under subparagraph (A), the Secretary (iii) could trigger development or future alter the permanent political boundary line shall submit to Congress, and publish in the uses in an area that would adversely affect between the States along the Red River, as Federal Register, 1 or more maps depicting resource values of the surrounding National outlined under article II, section B of the the identified available Federal land. Wildlife Refuge System land; Red River Boundary Compact enacted by the (D) CONVEYANCES.—Any available Federal (iv) could open an area of a unit to new ac- land conveyed to an eligible individual under States and consented to by Congress pursu- cess and uses that adversely affect resources ant to Public Law 106–288 (114 Stat. 919). this paragraph shall be subject to— values of the unit; or (b) SURVEY OF SOUTH BANK BOUNDARY (i) valid existing rights; and (v) could interfere with the management LINE.— (ii) the reservation of minerals to the plan of the unit; (1) SURVEY REQUIRED.— United States. (B) that is located within 300 feet from the (A) IN GENERAL.—The Secretary shall com- (E) INTENT OF CONGRESS.—It is the intent of shore of a navigable water body; mission a survey to identify the South Bank Congress that not later than 1 year after the (C) that is not consistent with the purposes boundary line in the affected area. date on which an eligible individual submits for which the unit of the National Wildlife (B) REQUIREMENTS.—The survey shall— an allotment selection application for avail- Refuge System was established; (i) adhere to the gradient boundary survey able Federal land that meets the require- (D) that is designated as wilderness by method; ments of this section, as determined by the Congress; or (ii) span the length of the affected area; Secretary, the Secretary shall issue to the (E) that is within the Arctic National (iii) be conducted by 1 or more independent eligible individual a certificate of allotment Wildlife Refuge. third-party surveyors that are— with respect to the available Federal land (d) LIMITATION.—No Federal land may be covered by the allotment selection applica- identified for selection or made available for (I) licensed and qualified to conduct offi- tion, subject to the requirements of subpara- allotment within a unit of the National cial gradient boundary surveys; and graph (D). Wildlife Refuge System unless it has been (II) selected by the Secretary, in consulta- (c) IDENTIFICATION OF AVAILABLE FEDERAL authorized by an Act of Congress subsequent tion with— LAND IN UNITS OF THE NATIONAL WILDLIFE to the date of enactment of this Act. Fur- (aa) the Texas General Land Office; REFUGE SYSTEM.— ther, any proposed conveyance of land within (bb) the Oklahoma Commissioners of the (1) REPORT.—Not later than 1 year after a unit of the National Wildlife Refuge Sys- Land Office, in consultation with the attor- the date of enactment of this Act, the Sec- tem must have been identified by the Sec- ney general of the State of Oklahoma; and retary shall— retary in accordance with subsection (c)(4) in (cc) each affected federally recognized In- (A) conduct a study to determine whether the report to Congress required by sub- dian Tribe; and any additional Federal lands within units of section (c) and include patent provisions (iv) subject to the availability of appro- the National Wildlife Refuge System in the that the land remains subject to the laws priations, be completed not later than 2 State should be made available for allotment and regulations governing the use and devel- years after the date of enactment of this selection; and opment of the Refuge. Act. (B) report the findings and conclusions of SEC. 1120. RED RIVER GRADIENT BOUNDARY (2) APPROVAL OF THE BOUNDARY SURVEY.— the study to Congress. SURVEY. (A) IN GENERAL.—Not later than 60 days (2) CONTENT OF THE REPORT.—The Sec- (a) DEFINITIONS.—In this section: after the date on which the survey or a por- retary shall include in the report required (1) AFFECTED AREA.— tion of the survey under paragraph (1)(A) is under paragraph (1)— (A) IN GENERAL.—The term ‘‘affected area’’ completed, the Secretary shall submit the (A) the Secretary’s determination whether means land along the approximately 116-mile survey for approval to— Federal lands within units of the National stretch of the Red River, from its confluence (i) the Texas General Land Office; Wildlife Refuge System in the State should with the north fork of the Red River on the (ii) the Oklahoma Commissioners of the be made available for allotment selection by west to the 98th meridian on the east. Land Office, in consultation with the attor- eligible individuals; and (B) EXCLUSIONS.—The term ‘‘affected area’’ ney general of the State of Oklahoma; and (B) identification of the specific areas (in- does not include the portion of the Red River (iii) each affected federally recognized In- cluding maps) within units of the National within the boundary depicted on the survey dian Tribe. Wildlife Refuge System in the State that the prepared by the Bureau of Land Management (B) TIMING OF APPROVAL.—Not later than 60 Secretary determines should be made avail- entitled ‘‘Township 5 South, Range 14 West, days after the date on which each of the able, consistent with the mission of the Na- of the Indian Meridian, Oklahoma, Depend- Texas General Land Office, the Oklahoma

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1212 CONGRESSIONAL RECORD — SENATE February 12, 2019

Commissioners of the Land Office, in con- 43, Code of Federal Regulations, that may be (1) CANCELLATION OF CERTAIN SELECTIONS.— sultation with the attorney general of the used— The land selections made by the Navajo Na- State of Oklahoma, and each affected feder- (A) in lieu of a monetary payment for 50 tion pursuant to Public Law 93–531 (com- ally recognized Indian Tribe notify the Sec- percent of a bonus bid for a coal lease sale monly known as the ‘‘Navajo-Hopi Land Set- retary of the approval of the boundary sur- under the Mineral Leasing Act (30 U.S.C. 181 tlement Act of 1974’’) (88 Stat. 1712) that are vey or a portion of the survey by the applica- et seq.); or depicted on the map entitled ‘‘Navajo-Hopi ble office or federally recognized Indian (B) as a monetary credit against 50 percent Land Settlement Act Selected Lands’’ and Tribe, the Secretary shall determine whether of any rental or royalty payments due under dated April 2, 2015, are cancelled. to approve the survey or portion of the sur- any Federal coal lease. (2) AUTHORIZATION FOR NEW SELECTION.— vey, subject to subparagraph (D). (2) USE OF BIDDING RIGHT.— (A) IN GENERAL.—Subject to subparagraphs (C) SUBMISSION OF PORTIONS OF SURVEY FOR (A) IN GENERAL.—If the Secretary retires a (B), (C), and (D) and paragraph (3), the Nav- APPROVAL.—As portions of the survey are coal preference right lease application under ajo Nation may make new land selections in completed, the Secretary may submit the the Mineral Leasing Act (30 U.S.C. 181 et accordance with the Act referred to in para- completed portions of the survey for ap- seq.) by issuing a bidding right in exchange graph (1) to replace the land selections can- proval under subparagraph (A). for the relinquishment of the coal preference celled under that paragraph. (D) WRITTEN APPROVAL.—The Secretary right lease application, the bidding right (B) ACREAGE CAP.—The total acreage of shall only approve the survey, or a portion of subsequently may be used in lieu of 50 per- land selected under subparagraph (A) shall the survey, that has the written approval of cent of the amount owed for any monetary not exceed 15,000 acres of land. each of— payment of— (C) EXCLUSIONS.—The following land shall (i) the Texas General Land Office; (i) a bonus in a coal lease sale; or not be eligible for selection under subpara- (ii) the Oklahoma Commissioners of the (ii) rental or royalty under a Federal coal graph (A): Land Office, in consultation with the attor- lease. (i) Land within a unit of the National ney general of the State of Oklahoma; and (B) PAYMENT CALCULATION.— Landscape Conservation System. (iii) each affected federally recognized In- (i) IN GENERAL.—The Secretary shall cal- (ii) Land within— dian Tribe. culate a payment of amounts owed to a rel- (I) the Glade Run Recreation Area; (c) SURVEY OF INDIVIDUAL PARCELS.—Sur- evant State under section 35(a) of the Min- (II) the Fossil Forest Research Natural veys of individual parcels in the affected eral Leasing Act (30 U.S.C. 191(a)) based on Area; or area shall be conducted in accordance with the combined value of the bidding rights and (III) a special management area or area of the boundary survey approved under sub- amounts received. critical environmental concern identified in section (b)(2). (ii) AMOUNTS RECEIVED.—Except as pro- a land use plan developed under section 202 (d) NOTICE AND AVAILABILITY OF SURVEY.— vided in this paragraph, for purposes of cal- of the Federal Land Policy and Management Not later than 60 days after the date on culating the payment of amounts owed to a Act of 1976 (43 U.S.C. 1712) that is in effect on which the boundary survey is approved under relevant State under clause (i) only, a bid- the date of enactment of this Act. subsection (b)(2), the Secretary shall— ding right shall be considered amounts re- (iii) Any land subject to a lease or contract (1) publish notice of the approval of the ceived. under the Mineral Leasing Act (30 U.S.C. 181 survey in— et seq.) or the Act of July 31, 1947 (commonly (C) REQUIREMENT.—The total number of known as the ‘‘Materials Act of 1947’’) (30 (A) the Federal Register; and bidding rights issued by the Secretary under U.S.C. 601 et seq.) as of the date of the selec- (B) 1 or more local newspapers; and subparagraph (A) before October 1, 2029, shall tion. (2) on request, furnish to any landowner a not exceed the number of bidding rights that (iv) Land not under the jurisdiction of the copy of— reflect a value equivalent to $67,000,000. (A) the survey; and Bureau of Land Management. (3) SOURCE OF PAYMENTS.—The Secretary (v) Land identified as ‘‘Parcels Excluded (B) any field notes relating to— shall make payments to the relevant State from Selection’’ on the map entitled ‘‘Par- (i) the individual parcel of the landowner; under paragraph (2) from monetary pay- cels excluded for selection under the San or ments received by the Secretary when bid- Juan County Settlement Implementation (ii) any individual parcel adjacent to the ding rights are exercised under this section. individual parcel of the landowner. Act’’ and dated December 14, 2018. (4) TREATMENT OF PAYMENTS.—A payment (e) EFFECT OF SECTION.—Nothing in this (D) DEADLINE.—Not later than 7 years after to a State under this subsection shall be section— the date of enactment of this Act, the Nav- treated as a payment under section 35(a) of (1) modifies any interest of the State of ajo Nation shall make all selections under the Mineral Leasing Act (30 U.S.C. 191(a)). Oklahoma or Texas, or the sovereignty, subparagraph (A). (5) TRANSFERABILITY; LIMITATION.— property, or trust rights of any federally rec- (E) WITHDRAWAL.—Any land selected by (A) TRANSFERABILITY.—A bidding right ognized Indian Tribe, relating to land lo- the Navajo Nation under subparagraph (A) issued for a coal preference right lease appli- cated north of the South Bank boundary shall be withdrawn from disposal, leasing, cation under the Mineral Leasing Act (30 line, as established by the survey; and development until the date on which the U.S.C. 181 et seq.) shall be fully transferable (2) modifies any land patented under the selected land is placed into trust for the Nav- to any other person. Act of December 22, 1928 (45 Stat. 1069, chap- ajo Nation. (B) NOTIFICATION OF SECRETARY.—A person ter 47; 43 U.S.C. 1068) (commonly known as (3) EQUAL VALUE.— who transfers a bidding right shall notify the the ‘‘Color of Title Act’’), before the date of (A) IN GENERAL.—Notwithstanding the Secretary of the transfer by any method de- enactment of this Act; acreage limitation in the second proviso of termined to be appropriate by the Secretary. (3) modifies or supersedes the Red River section 11(c) of Public Law 93–531 (commonly (C) EFFECTIVE PERIOD.— Boundary Compact enacted by the States of known as the ‘‘Navajo-Hopi Land Settlement (i) IN GENERAL.—A bidding right issued Oklahoma and Texas and consented to by Act of 1974’’) (25 U.S.C. 640d–10(c)) and sub- under the Mineral Leasing Act (30 U.S.C. 181 Congress pursuant to Public Law 106–288 (114 ject to paragraph (2)(B), the value of the land et seq.) shall terminate on the expiration of Stat. 919); selected under paragraph (2)(A) and the land the 7-year period beginning on the date the (4) creates or reinstates any Indian res- subject to selections cancellation under bidding right is issued. ervation or any portion of such a reserva- paragraph (1) shall be equal, based on ap- (ii) TOLLING OF PERIOD.—The 7-year period tion; praisals conducted under subparagraph (B). described in clause (i) shall be tolled during (5) modifies any interest or any property or (B) APPRAISALS.— any period in which exercise of the bidding trust rights of any individual Indian allot- (i) IN GENERAL.—The value of the land se- right is precluded by temporary injunctive tee; or lected under paragraph (2)(A) and the land relief granted under, or administrative, leg- (6) alters any valid right of the State of subject to selections cancelled under para- islative, or judicial suspension of, the Fed- Oklahoma or the Kiowa, Comanche, or graph (1) shall be determined by appraisals eral coal leasing program. Apache Indian tribes to the mineral interest conducted in accordance with— (6) DEADLINE.— trust fund established under the Act of June (I) the Uniform Appraisal Standards for (A) IN GENERAL.—If an existing settlement 12, 1926 (44 Stat. 740, chapter 572). Federal Land Acquisitions; and of a coal preference right lease application (f) AUTHORIZATION OF APPROPRIATIONS.— (II) the Uniform Standards of Professional There is authorized to be appropriated to the has not been implemented as of the date of Appraisal Practice. Secretary to carry out this section $1,000,000. enactment of this Act, not later than 180 (ii) TIMING.— days after that date of enactment, the Sec- SEC. 1121. SAN JUAN COUNTY SETTLEMENT IM- (I) LAND SUBJECT TO SELECTIONS CAN- PLEMENTATION. retary shall complete the bidding rights CELLED.—Not later than 18 months after the (a) EXCHANGE OF COAL PREFERENCE RIGHT valuation process in accordance with the date of enactment of this Act, the appraisal LEASE APPLICATIONS.— terms of the settlement. under clause (i) of the land subject to selec- (1) DEFINITION OF BIDDING RIGHT.—In this (B) DATE OF VALUATION.—For purposes of tions cancelled under paragraph (1) shall be subsection, the term ‘‘bidding right’’ means the valuation process under subparagraph completed. an appropriate legal instrument or other (A), the market price of coal shall be deter- (II) NEW SELECTIONS.—The appraisals under written documentation, including an entry mined as of the date of the settlement. clause (i) of the land selected under para- in an account managed by the Secretary, (b) CERTAIN LAND SELECTIONS OF THE NAV- graph (2)(A) shall be completed as the Navajo issued or created under subpart 3435 of title AJO NATION.— Nation finalizes those land selections.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1213

(4) BOUNDARY.—For purposes of this sub- agement (referred to in this subsection as and Public Lands Management Act of 1996 section and the Act referred to in paragraph the ‘‘Director’’), in accordance with— (Public Law 104–333; 110 Stat. 4148; 123 Stat. (1), the present boundary of the Navajo Res- (A) the Wilderness Act (16 U.S.C. 1131 et 1108) is amended by striking ‘‘Omnibus Pub- ervation is depicted on the map entitled seq.), except that any reference in that Act lic Land Management Act of 2009’’ and in- ‘‘Navajo Nation Boundary’’ and dated No- to the effective date of that Act shall be con- serting ‘‘Natural Resources Management vember 16, 2015. sidered to be a reference to the date of enact- Act’’. (c) DESIGNATION OF AH-SHI-SLE-PAH WIL- ment of this Act; and SEC. 1123. ASHLEY SPRINGS LAND CONVEYANCE. DERNESS.— (B) the San Juan Basin Wilderness Protec- (a) CONVEYANCE.—Subject to valid existing (1) IN GENERAL.—In accordance with the tion Act of 1984 (Public Law 98–603; 98 Stat. rights, at the request of Uintah County, Wilderness Act (16 U.S.C. 1131 et seq.), the 3155; 110 Stat. 4211). Utah (referred to in this section as the approximately 7,242 acres of land as gen- (3) ADJACENT MANAGEMENT.— ‘‘County’’), the Secretary shall convey to the erally depicted on the map entitled ‘‘San (A) IN GENERAL.—Congress does not intend County, without consideration, the approxi- Juan County Wilderness Designations’’ and for the designation of the land as wilderness mately 791 acres of public land administered dated April 2, 2015, is designated as wilder- by paragraph (1) to create a protective pe- by the Bureau of Land Management, as gen- ness and as a component of the National Wil- rimeter or buffer zone around that land. erally depicted on the map entitled ‘‘Ashley derness Preservation System, which shall be (B) NONWILDERNESS ACTIVITIES.—The fact Springs Property’’ and dated February 4, known as the ‘‘Ah-shi-sle-pah Wilderness’’ that nonwilderness activities or uses can be 2019, subject to the following restrictions: (referred to in this subsection as the ‘‘Wil- seen or heard from areas within the land des- (1) The conveyed land shall be managed as derness’’). ignated as wilderness by paragraph (1) shall open space to protect the watershed and un- (2) MANAGEMENT.— not preclude the conduct of the activities or derground karst system and aquifer. (A) IN GENERAL.—Subject to valid existing uses outside the boundary of that land. (2) Mining or any form of mineral develop- rights, the Wilderness shall be administered (4) INCORPORATION OF ACQUIRED LAND AND ment on the conveyed land is prohibited. by the Director of the Bureau of Land Man- INTERESTS IN LAND.—Any land or interest in (3) The County shall allow for non-motor- agement in accordance with this subsection land that is within the boundary of the land ized public recreation access on the conveyed and the Wilderness Act (16 U.S.C. 1131 et designated as wilderness by paragraph (1) land. seq.), except that any reference in that Act that is acquired by the United States shall— (4) No new roads may be constructed on the to the effective date of that Act shall be con- (A) become part of the Bisti/De-Na-Zin Wil- conveyed land. sidered to be a reference to the date of enact- derness; and (b) REVERSION.—A conveyance under sub- ment of this Act. (B) be managed in accordance with— section (a) shall include a reversionary (B) ADJACENT MANAGEMENT.— (i) the Wilderness Act (16 U.S.C. 1131 et clause to ensure that management of the (i) IN GENERAL.—Congress does not intend seq.); land described in that subsection shall revert for the designation of the Wilderness to cre- (ii) the San Juan Basin Wilderness Protec- to the Secretary if the land is no longer ate a protective perimeter or buffer zone tion Act of 1984 (Public Law 98–603; 98 Stat. being managed in accordance with that sub- around the Wilderness. 3155; 110 Stat. 4211); section. (ii) NONWILDERNESS ACTIVITIES.—The fact (iii) this subsection; and that nonwilderness activities or uses can be Subtitle C—Wilderness Designations and (iv) any other applicable laws. Withdrawals seen or heard from areas within the Wilder- (5) GRAZING.—Grazing of livestock in the PART I—GENERAL PROVISIONS ness shall not preclude the conduct of the ac- land designated as wilderness by paragraph tivities or uses outside the boundary of the (1), where established before the date of en- SEC. 1201. ORGAN MOUNTAINS-DESERT PEAKS Wilderness. actment of this Act, shall be allowed to con- CONSERVATION. (C) INCORPORATION OF ACQUIRED LAND AND tinue in accordance with— (a) DEFINITIONS.—In this section: INTERESTS IN LAND.—Any land or interest in (A) section 4(d)(4) of the Wilderness Act (16 (1) MONUMENT.—The term ‘‘Monument’’ land that is within the boundary of the Wil- U.S.C. 1133(d)(4)); and means the Organ Mountains-Desert Peaks derness that is acquired by the United States (B) the guidelines set forth in the report of National Monument established by Presi- shall— the Committee on Interior and Insular Af- dential Proclamation 9131 (79 Fed. Reg. (i) become part of the Wilderness; and fairs of the House of Representatives accom- 30431). (ii) be managed in accordance with— panying H.R. 5487 of the 96th Congress (H. (2) STATE.—The term ‘‘State’’ means the (I) the Wilderness Act (16 U.S.C. 1131 et Rept. 96–617). State of New Mexico. seq.); (e) ROAD MAINTENANCE.— (3) WILDERNESS AREA.—The term ‘‘wilder- (II) this subsection; and (1) IN GENERAL.—Subject to paragraph (2), ness area’’ means a wilderness area des- (III) any other applicable laws. the Secretary, acting through the Director ignated by subsection (b)(1). (D) GRAZING.—Grazing of livestock in the of the Bureau of Indian Affairs, shall ensure (b) DESIGNATION OF WILDERNESS AREAS.— Wilderness, where established before the that L–54 between I–40 and Alamo, New Mex- (1) IN GENERAL.—In accordance with the date of enactment of this Act, shall be al- ico, is maintained in a condition that is safe Wilderness Act (16 U.S.C. 1131 et seq.), the lowed to continue in accordance with— for motorized use. following areas in the State are designated as wilderness and as components of the Na- (i) section 4(d)(4) of the Wilderness Act (16 (2) USE OF FUNDS.—In carrying out para- U.S.C. 1133(d)(4)); and graph (1), the Secretary and the Director of tional Wilderness Preservation System: (ii) the guidelines set forth in the report of the Bureau of Indian Affairs may not require (A) ADEN LAVA FLOW WILDERNESS.—Certain the Committee on Interior and Insular Af- any Indian Tribe to use any funds— land administered by the Bureau of Land ˜ fairs of the House of Representatives accom- (A) owned by the Indian Tribe; or Management in Dona Ana County com- panying H.R. 5487 of the 96th Congress (H. (B) provided to the Indian Tribe pursuant prising approximately 27,673 acres, as gen- Rept. 96–617). to a contract under the Indian Self-Deter- erally depicted on the map entitled ‘‘Potrillo (3) RELEASE OF WILDERNESS STUDY AREAS.— mination and Education Assistance Act (25 Mountains Complex’’ and dated September Congress finds that, for the purposes of sec- U.S.C. 5304 et seq.). 27, 2018, which shall be known as the ‘‘Aden Lava Flow Wilderness’’. tion 603(c) of the Federal Land Policy and (3) ROAD UPGRADE.— (B) BROAD CANYON WILDERNESS.—Certain Management Act of 1976 (43 U.S.C. 1782(c)), (A) IN GENERAL.—Nothing in this sub- the land within the Ah-shi-sle-pah Wilder- section requires the Secretary or any Indian land administered by the Bureau of Land ˜ ness Study Area not designated as wilderness Tribe to upgrade the condition of L–54 as of Management in Dona Ana County com- by this subsection has been adequately stud- the date of enactment of this Act. prising approximately 13,902 acres, as gen- erally depicted on the map entitled ‘‘Desert ied for wilderness designation and is no (B) WRITTEN AGREEMENT.—An upgrade to longer subject to section 603(c) of the Federal L–54 may not be made without the written Peaks Complex’’ and dated October 1, 2018, Land Policy and Management Act of 1976 (43 agreement of the Pueblo of Laguna. which shall be known as the ‘‘Broad Canyon Wilderness’’. U.S.C. 1782(c)). (4) INVENTORY.—Nothing in this subsection (d) EXPANSION OF BISTI/DE-NA-ZIN WILDER- requires L–54 to be placed on the National (C) CINDER CONE WILDERNESS.—Certain land NESS.— Tribal Transportation Facility Inventory. administered by the Bureau of Land Manage- (1) IN GENERAL.—There is designated as wil- ment in Don˜ a Ana County comprising ap- SEC. 1122. RIO PUERCO WATERSHED MANAGE- derness and as a component of the National MENT PROGRAM. proximately 16,935 acres, as generally de- Wilderness Preservation System certain Fed- (a) REAUTHORIZATION OF THE RIO PUERCO picted on the map entitled ‘‘Potrillo Moun- eral land comprising approximately 2,250 MANAGEMENT COMMITTEE.—Section 401(b)(4) tains Complex’’ and dated September 27, 2018, acres, as generally depicted on the map enti- of division I of the Omnibus Parks and Pub- which shall be known as the ‘‘Cinder Cone tled ‘‘San Juan County Wilderness Designa- lic Lands Management Act of 1996 (Public Wilderness’’. tions’’ and dated April 2, 2015, which is incor- Law 104–333; 110 Stat. 4147; 123 Stat. 1108) is (D) EAST POTRILLO MOUNTAINS WILDER- porated in and shall be considered to be a amended by striking ‘‘Omnibus Public Land NESS.—Certain land administered by the Bu- part of the Bisti/De-Na-Zin Wilderness. Management Act of 2009’’ and inserting reau of Land Management in Don˜ a Ana and (2) ADMINISTRATION.—Subject to valid ex- ‘‘Natural Resources Management Act’’. Luna counties comprising approximately isting rights, the land designated as wilder- (b) REAUTHORIZATION OF THE RIO PUERCO 12,155 acres, as generally depicted on the map ness by paragraph (1) shall be administered WATERSHED MANAGEMENT PROGRAM.—Sec- entitled ‘‘Potrillo Mountains Complex’’ and by the Director of the Bureau of Land Man- tion 401(e) of division I of the Omnibus Parks dated September 27, 2018, which shall be

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1214 CONGRESSIONAL RECORD — SENATE February 12, 2019 known as the ‘‘East Potrillo Mountains Wil- (II) any reference in the Wilderness Act to (iii) operation of the mineral leasing, min- derness’’. the Secretary of Agriculture shall be consid- eral materials, and geothermal leasing laws. (E) MOUNT RILEY WILDERNESS.—Certain ered to be a reference to the Secretary. (B) PARCEL B.—The approximately 6,498 land administered by the Bureau of Land (4) INCORPORATION OF ACQUIRED LAND AND acres of land generally depicted as ‘‘Parcel Management in Don˜ a Ana and Luna counties INTERESTS IN LAND.—Any land or interest in B’’ on the map entitled ‘‘Organ Mountains comprising approximately 8,382 acres, as gen- land that is within the boundary of a wilder- Area’’ and dated September 21, 2016, is with- erally depicted on the map entitled ‘‘Potrillo ness area that is acquired by the United drawn in accordance with subparagraph (A), Mountains Complex’’ and dated September States shall— except that the land is not withdrawn for 27, 2018, which shall be known as the ‘‘Mount (A) become part of the wilderness area purposes of the issuance of oil and gas pipe- Riley Wilderness’’. within the boundaries of which the land is line or road rights-of-way. (F) ORGAN MOUNTAINS WILDERNESS.—Cer- located; and (C) PARCEL C.—The approximately 1,297 tain land administered by the Bureau of (B) be managed in accordance with— acres of land generally depicted as ‘‘Parcel Land Management in Don˜ a Ana County com- (i) the Wilderness Act (16 U.S.C. 1131 et C’’ on the map entitled ‘‘Organ Mountains prising approximately 19,916 acres, as gen- seq.); Area’’ and dated September 21, 2016, is with- erally depicted on the map entitled ‘‘Organ (ii) this section; and drawn in accordance with subparagraph (A), Mountains Area’’ and dated September 21, (iii) any other applicable laws. except that the land is not withdrawn from 2016, which shall be known as the ‘‘Organ (5) GRAZING.—Grazing of livestock in the disposal under the Act of June 14, 1926 (com- Mountains Wilderness’’, the boundary of wilderness areas, where established before monly known as the ‘‘Recreation and Public the date of enactment of this Act, shall be Purposes Act’’) (43 U.S.C. 869 et seq.). which shall be offset 400 feet from the center- administered in accordance with— (D) PARCEL D.— line of Dripping Springs Road in T. 23 S., R. (A) section 4(d)(4) of the Wilderness Act (16 (i) IN GENERAL.—The Secretary of the 04 E., sec. 7, New Mexico Principal Meridian. U.S.C. 1133(d)(4)); and Army shall allow for the conduct of certain (G) POTRILLO MOUNTAINS WILDERNESS.—Cer- (B) the guidelines set forth in Appendix A recreational activities on the approximately tain land administered by the Bureau of of the Report of the Committee on Interior 2,035 acres of land generally depicted as Land Management in Don˜ a Ana and Luna and Insular Affairs to accompany H.R. 2570 of ‘‘Parcel D’’ on the map entitled ‘‘Organ counties comprising approximately 105,085 the 101st Congress (H. Rept. 101–405). Mountains Area’’ and dated September 21, acres, as generally depicted on the map enti- (6) MILITARY OVERFLIGHTS.—Nothing in 2016 (referred to in this paragraph as the tled ‘‘Potrillo Mountains Complex’’ and this subsection restricts or precludes— ‘‘parcel’’), which is a portion of the public dated September 27, 2018, which shall be (A) low-level overflights of military air- land withdrawn and reserved for military known as the ‘‘Potrillo Mountains Wilder- craft over the wilderness areas, including purposes by Public Land Order 833 dated May ness’’. military overflights that can be seen or 21, 1952 (17 Fed. Reg. 4822). (H) ROBLEDO MOUNTAINS WILDERNESS.—Cer- heard within the wilderness areas; (ii) OUTDOOR RECREATION PLAN.— tain land administered by the Bureau of (B) the designation of new units of special (I) IN GENERAL.—The Secretary of the ˜ Land Management in Dona Ana County com- airspace over the wilderness areas; or Army shall develop a plan for public outdoor prising approximately 16,776 acres, as gen- (C) the use or establishment of military recreation on the parcel that is consistent erally depicted on the map entitled ‘‘Desert flight training routes over the wilderness with the primary military mission of the Peaks Complex’’ and dated October 1, 2018, areas. parcel. which shall be known as the ‘‘Robledo Moun- (7) BUFFER ZONES.— (II) REQUIREMENT.—In developing the plan tains Wilderness’’. (A) IN GENERAL.—Nothing in this sub- under subclause (I), the Secretary of the (I) SIERRA DE LAS UVAS WILDERNESS.—Cer- section creates a protective perimeter or Army shall ensure, to the maximum extent tain land administered by the Bureau of buffer zone around any wilderness area. practicable, that outdoor recreation activi- ˜ Land Management in Dona Ana County com- (B) ACTIVITIES OUTSIDE WILDERNESS ties may be conducted on the parcel, includ- prising approximately 11,114 acres, as gen- AREAS.—The fact that an activity or use on ing hunting, hiking, wildlife viewing, and erally depicted on the map entitled ‘‘Desert land outside any wilderness area can be seen camping. Peaks Complex’’ and dated October 1, 2018, or heard within the wilderness area shall not (iii) CLOSURES.—The Secretary of the which shall be known as the ‘‘Sierra de las preclude the activity or use outside the Army may close the parcel or any portion of Uvas Wilderness’’. boundary of the wilderness area. the parcel to the public as the Secretary of (J) WHITETHORN WILDERNESS.—Certain land (8) PARAGLIDING.—The use of paragliding the Army determines to be necessary to pro- administered by the Bureau of Land Manage- within areas of the East Potrillo Mountains tect— ˜ ment in Dona Ana and Luna counties com- Wilderness designated by paragraph (1)(D) in (I) public safety; or prising approximately 9,616 acres, as gen- which the use has been established before the (II) the safety of the military members erally depicted on the map entitled ‘‘Potrillo date of enactment of this Act, shall be al- training on the parcel. Mountains Complex’’ and dated September lowed to continue in accordance with section (iv) TRANSFER OF ADMINISTRATIVE JURISDIC- 27, 2018, which shall be known as the 4(d)(1) of the Wilderness Act (16 U.S.C. TION; WITHDRAWAL.— ‘‘Whitethorn Wilderness’’. 1133(d)(1)), subject to any terms and condi- (I) IN GENERAL.—On a determination by the (2) MAPS AND LEGAL DESCRIPTIONS.— tions that the Secretary determines to be Secretary of the Army that military train- (A) IN GENERAL.—As soon as practicable necessary. ing capabilities, personnel safety, and instal- after the date of enactment of this Act, the (9) CLIMATOLOGIC DATA COLLECTION.—Sub- lation security would not be hindered as a Secretary shall file maps and legal descrip- ject to such terms and conditions as the Sec- result of the transfer to the Secretary of ad- tions of the wilderness areas with— retary may prescribe, nothing in this section ministrative jurisdiction over the parcel, the (i) the Committee on Energy and Natural precludes the installation and maintenance Secretary of the Army shall transfer to the Resources of the Senate; and of hydrologic, meteorologic, or climatologic Secretary administrative jurisdiction over (ii) the Committee on Natural Resources of collection devices in wilderness areas if the the parcel. the House of Representatives. facilities and access to the facilities are es- (II) WITHDRAWAL.—On transfer of the par- (B) FORCE OF LAW.—The maps and legal de- sential to flood warning, flood control, or cel under subclause (I), the parcel shall be— scriptions filed under subparagraph (A) shall water reservoir operation activities. (aa) under the jurisdiction of the Director have the same force and effect as if included (10) FISH AND WILDLIFE.—Nothing in this of the Bureau of Land Management; and in this section, except that the Secretary section affects the jurisdiction of the State (bb) withdrawn from— may correct errors in the maps and legal de- with respect to fish and wildlife located on (AA) entry, appropriation, or disposal scriptions. public land in the State, except that the Sec- under the public land laws; (C) PUBLIC AVAILABILITY.—The maps and retary, after consultation with the New Mex- (BB) location, entry, and patent under the legal descriptions filed under subparagraph ico Department of Game and Fish, may des- mining laws; and (A) shall be on file and available for public ignate zones where, and establish periods (CC) operation of the mineral leasing, min- inspection in the appropriate offices of the during which, no hunting or fishing shall be eral materials, and geothermal leasing laws. Bureau of Land Management. permitted for reasons of public safety, ad- (III) RESERVATION.—On transfer under sub- (3) MANAGEMENT.—Subject to valid existing ministration, or compliance with applicable clause (I), the parcel shall be reserved for rights, the wilderness areas shall be adminis- law. management of the resources of, and mili- tered by the Secretary— (11) WITHDRAWALS.— tary training conducted on, the parcel in ac- (A) as components of the National Land- (A) IN GENERAL.—Subject to valid existing cordance with a memorandum of under- scape Conservation System; and rights, the Federal land within the wilder- standing entered into under clause (v). (B) in accordance with— ness areas and any land or interest in land (v) MEMORANDUM OF UNDERSTANDING RELAT- (i) this section; and that is acquired by the United States in the ING TO MILITARY TRAINING.— (ii) the Wilderness Act (16 U.S.C. 1131 et wilderness areas after the date of enactment (I) IN GENERAL.—If, after the transfer of the seq.), except that— of this Act is withdrawn from— parcel under clause (iv)(I), the Secretary of (I) any reference in the Wilderness Act to (i) entry, appropriation, or disposal under the Army requests that the Secretary enter the effective date of that Act shall be consid- the public land laws; into a memorandum of understanding, the ered to be a reference to the date of enact- (ii) location, entry, and patent under the Secretary shall enter into a memorandum of ment of this Act; and mining laws; and understanding with the Secretary of the

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1215 Army providing for the conduct of military garding cooperative national security and right, title, and interest of the State in and training on the parcel. counterterrorism efforts on Federal land to parcels of State trust land within the (II) REQUIREMENTS.—The memorandum of along the borders of the United States; or boundary of the Monument identified under understanding entered into under subclause (C) prevents the Secretary of Homeland Se- that subparagraph or described in paragraph (I) shall— curity from conducting any low-level over- (2)(B). (aa) address the location, frequency, and flights over the wilderness areas that may be (B) IDENTIFICATION OF LAND FOR EX- type of training activities to be conducted on necessary for law enforcement and border se- CHANGE.—The Secretary and the Commis- the parcel; curity purposes. sioner of Public Lands of New Mexico shall (bb) provide to the Secretary of the Army (2) WITHDRAWAL AND ADMINISTRATION OF jointly identify the Bureau of Land Manage- access to the parcel for the conduct of mili- CERTAIN AREA.— ment land and State trust land eligible for tary training; (A) WITHDRAWAL.—The area identified as exchange under this paragraph, the exact (cc) authorize the Secretary or the Sec- ‘‘Parcel A’’ on the map entitled ‘‘Potrillo acreage and legal description of which shall retary of the Army to close the parcel or a Mountains Complex’’ and dated September be determined by surveys approved by the portion of the parcel to the public as the 27, 2018, is withdrawn in accordance with sub- Secretary and the New Mexico State Land Secretary or the Secretary of the Army de- section (b)(11)(A). Office. termines to be necessary to protect— (B) ADMINISTRATION.—Except as provided (C) APPLICABLE LAW.—A land exchange (AA) public safety; or in subparagraphs (C) and (D), the Secretary under subparagraph (A) shall be carried out (BB) the safety of the military members shall administer the area described in sub- in accordance with section 206 of the Federal training; and paragraph (A) in a manner that, to the max- Land Policy and Management Act of 1976 (43 (dd) to the maximum extent practicable, imum extent practicable, protects the wil- U.S.C. 1716). provide for the protection of natural, his- derness character of the area. (D) CONDITIONS.—A land exchange under toric, and cultural resources in the area of (C) USE OF MOTOR VEHICLES.—The use of subparagraph (A) shall be subject to— the parcel. motor vehicles, motorized equipment, and (i) valid existing rights; and (vi) MILITARY OVERFLIGHTS.—Nothing in mechanical transport shall be prohibited in (ii) such terms as the Secretary and the this subparagraph restricts or precludes— the area described in subparagraph (A) ex- State shall establish. (I) low-level overflights of military aircraft cept as necessary for— (E) VALUATION, APPRAISALS, AND EQUALI- over the parcel, including military over- (i) the administration of the area (includ- ZATION.— flights that can be seen or heard within the ing the conduct of law enforcement and bor- (i) IN GENERAL.—The value of the Bureau of parcel; der security activities in the area); or Land Management land and the State trust (II) the designation of new units of special (ii) grazing uses by authorized permittees. land to be conveyed in a land exchange under airspace over the parcel; or (D) EFFECT OF SUBSECTION.—Nothing in this paragraph— (III) the use or establishment of military this paragraph precludes the Secretary from (I) shall be equal, as determined by ap- flight training routes over the parcel. allowing within the area described in sub- praisals conducted in accordance with clause (12) ROBLEDO MOUNTAINS.— paragraph (A) the installation and mainte- (ii); or (A) IN GENERAL.—The Secretary shall man- nance of communication or surveillance in- (II) if not equal, shall be equalized in ac- age the Federal land described in subpara- frastructure necessary for law enforcement cordance with clause (iii). graph (B) in a manner that preserves the or border security activities. (ii) APPRAISALS.— character of the land for the future inclusion (3) RESTRICTED ROUTE.—The route excluded (I) IN GENERAL.—The Bureau of Land Man- of the land in the National Wilderness Pres- from the Potrillo Mountains Wilderness agement land and State trust land to be ex- ervation System. identified as ‘‘Restricted—Administrative changed under this paragraph shall be ap- (B) LAND DESCRIPTION.—The land referred Access’’ on the map entitled ‘‘Potrillo Moun- praised by an independent, qualified ap- to in subparagraph (A) is certain land admin- tains Complex’’ and dated September 27, 2018, praiser that is agreed to by the Secretary istered by the Bureau of Land Management, shall be— and the State. comprising approximately 100 acres as gen- (A) closed to public access; but (II) REQUIREMENTS.—An appraisal under erally depicted as ‘‘Lookout Peak Commu- (B) available for administrative and law subclause (I) shall be conducted in accord- nication Site’’ on the map entitled ‘‘Desert enforcement uses, including border security ance with— Peaks Complex’’ and dated October 1, 2018. activities. (aa) the Uniform Appraisal Standards for (C) USES.—The Secretary shall permit only (d) ORGAN MOUNTAINS-DESERT PEAKS NA- Federal Land Acquisitions; and such uses on the land described in subpara- TIONAL MONUMENT.— (bb) the Uniform Standards of Professional graph (B) as were permitted on the date of (1) MANAGEMENT PLAN.—In preparing and Appraisal Practice. enactment of this Act. implementing the management plan for the (iii) EQUALIZATION.— (13) RELEASE OF WILDERNESS STUDY Monument, the Secretary shall include a wa- (I) IN GENERAL.—If the value of the Bureau AREAS.—Congress finds that, for purposes of tershed health assessment to identify oppor- of Land Management land and the State section 603(c) of the Federal Land Policy and tunities for watershed restoration. trust land to be conveyed in a land exchange Management Act of 1976 (43 U.S.C. 1782(c)), (2) INCORPORATION OF ACQUIRED STATE under this paragraph is not equal, the value the public land in Don˜ a Ana County adminis- TRUST LAND AND INTERESTS IN STATE TRUST may be equalized by— tered by the Bureau of Land Management LAND.— (aa) making a cash equalization payment not designated as wilderness by paragraph (1) (A) IN GENERAL.—Any land or interest in to the Secretary or to the State, as appro- or described in paragraph (12)— land that is within the State trust land de- priate, in accordance with section 206(b) of (A) has been adequately studied for wilder- scribed in subparagraph (B) that is acquired the Federal Land Policy and Management ness designation; by the United States shall— Act of 1976 (43 U.S.C. 1716(b)); or (B) is no longer subject to section 603(c) of (i) become part of the Monument; and (bb) reducing the acreage of the Bureau of the Federal Land Policy and Management (ii) be managed in accordance with— Land Management land or State trust land Act of 1976 (43 U.S.C. 1782(c)); and (I) Presidential Proclamation 9131 (79 Fed. to be exchanged, as appropriate. (C) shall be managed in accordance with— Reg. 30431); (II) CASH EQUALIZATION PAYMENTS.—Any (i) the Federal Land Policy and Manage- (II) this section; and cash equalization payments received by the ment Act of 1976 (43 U.S.C. 1701 et seq.); (III) any other applicable laws. Secretary under subclause (I)(aa) shall be— (ii) this section; and (B) DESCRIPTION OF STATE TRUST LAND.— (aa) deposited in the Federal Land Disposal (iii) any other applicable laws. The State trust land referred to in subpara- Account established by section 206(a) of the (14) PRIVATE LAND.—In accordance with graph (A) is the State trust land in T. 22 S., Federal Land Transaction Facilitation Act section 5 of the Wilderness Act (16 U.S.C. R 01 W., New Mexico Principal Meridian and (43 U.S.C. 2305(a)); and 1134), the Secretary shall ensure adequate ac- T. 22 S., R. 02 W., New Mexico Principal Me- (bb) used in accordance with that Act. cess to non-Federal land located within the ridian. (F) LIMITATION.—No exchange of land shall boundary of a wilderness area. (3) LAND EXCHANGES.— be conducted under this paragraph unless (c) BORDER SECURITY.— (A) IN GENERAL.—Subject to subparagraphs mutually agreed to by the Secretary and the (1) IN GENERAL.—Nothing in this section— (C) through (F), the Secretary shall attempt State. (A) prevents the Secretary of Homeland to enter into an agreement to initiate an ex- SEC. 1202. CERRO DEL YUTA AND RI´O SAN ANTO- Security from undertaking law enforcement change under section 2201.1 of title 43, Code NIO WILDERNESS AREAS. and border security activities, in accordance of Federal Regulations (or successor regula- (a) DEFINITIONS.—In this section: with section 4(c) of the Wilderness Act (16 tions), with the Commissioner of Public (1) MAP.—The term ‘‘map’’ means the map U.S.C. 1133(c)), within the wilderness areas, Lands of New Mexico, by the date that is 18 entitled ‘‘Rı´o Grande del Norte National including the ability to use motorized access months after the date of enactment of this Monument Proposed Wilderness Areas’’ and within a wilderness area while in pursuit of Act, to provide for a conveyance to the State dated July 28, 2015. a suspect; of all right, title, and interest of the United (2) WILDERNESS AREA.—The term ‘‘wilder- (B) affects the 2006 Memorandum of Under- States in and to Bureau of Land Manage- ness area’’ means a wilderness area des- standing among the Department of Home- ment land in the State identified under sub- ignated by subsection (b)(1). land Security, the Department of the Inte- paragraph (B) in exchange for the convey- (b) DESIGNATION OF CERRO DEL YUTA AND rior, and the Department of Agriculture re- ance by the State to the Secretary of all RI´O SAN ANTONIO WILDERNESS AREAS.—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1216 CONGRESSIONAL RECORD — SENATE February 12, 2019

(1) IN GENERAL.—In accordance with the (ii) the Committee on Natural Resources of the date of enactment of this Act shall, on Wilderness Act (16 U.S.C. 1131 et seq.), the the House of Representatives. acquisition, be immediately withdrawn in following areas in the Rı´o Grande del Norte (B) FORCE OF LAW.—The map and legal de- accordance with this section. National Monument are designated as wil- scriptions filed under subparagraph (A) shall (d) MAP.— derness and as components of the National have the same force and effect as if included (1) SUBMISSION OF MAP.—As soon as prac- Wilderness Preservation System: in this section, except that the Secretary ticable after the date of enactment of this (A) CERRO DEL YUTA WILDERNESS.—Certain may correct errors in the legal description Act, the Secretary of Agriculture shall file land administered by the Bureau of Land and map. the map with— Management in Taos County, New Mexico, (C) PUBLIC AVAILABILITY.—The map and (A) the Committee on Energy and Natural comprising approximately 13,420 acres as legal descriptions filed under subparagraph Resources of the Senate; and generally depicted on the map, which shall (A) shall be on file and available for public (B) the Committee on Natural Resources of be known as the ‘‘Cerro del Yuta Wilder- inspection in the appropriate offices of the the House of Representatives. ness’’. Bureau of Land Management. (2) FORCE OF LAW.—The map filed under paragraph (1) shall have the same force and (B) RI´O SAN ANTONIO WILDERNESS.—Certain (8) NATIONAL LANDSCAPE CONSERVATION SYS- effect as if included in this section, except land administered by the Bureau of Land TEM.—The wilderness areas shall be adminis- that the Secretary of Agriculture may cor- Management in Rı´o Arriba County, New tered as components of the National Land- rect clerical and typographical errors in the Mexico, comprising approximately 8,120 scape Conservation System. map. acres, as generally depicted on the map, (9) FISH AND WILDLIFE.—Nothing in this (3) PUBLIC AVAILABILITY.—The map filed ´ section affects the jurisdiction of the State which shall be known as the ‘‘Rıo San Anto- under paragraph (1) shall be on file and avail- nio Wilderness’’. of New Mexico with respect to fish and wild- life located on public land in the State. able for public inspection in the appropriate (2) MANAGEMENT OF WILDERNESS AREAS.— offices of the Forest Service and the Bureau Subject to valid existing rights, the wilder- (10) WITHDRAWALS.—Subject to valid exist- ing rights, any Federal land within the wil- of Land Management. ness areas shall be administered in accord- (e) EFFECT.—Nothing in this section affects derness areas designated by paragraph (1), ance with the Wilderness Act (16 U.S.C. 1131 any recreational use, including hunting or including any land or interest in land that is et seq.) and this section, except that with re- fishing, that is authorized on land within the spect to the wilderness areas designated by acquired by the United States after the date area depicted on the map under applicable this section— of enactment of this Act, is withdrawn law as of the date of enactment of this Act. from— (A) any reference to the effective date of SEC. 1205. OREGON WILDLANDS. (A) entry, appropriation, or disposal under the Wilderness Act shall be considered to be (a) WILD AND SCENIC RIVER ADDITIONS, DES- the public land laws; a reference to the date of enactment of this IGNATIONS AND TECHNICAL CORRECTIONS.— (B) location, entry, and patent under the Act; and (1) ADDITIONS TO ROGUE WILD AND SCENIC mining laws; and (B) any reference in the Wilderness Act to RIVER.— (C) operation of the mineral leasing, min- the Secretary of Agriculture shall be consid- (A) IN GENERAL.—Section 3(a) of the Wild ered to be a reference to the Secretary. eral materials, and geothermal leasing laws. and Scenic Rivers Act (16 U.S.C. 1274(a)) is (3) INCORPORATION OF ACQUIRED LAND AND (11) TREATY RIGHTS.—Nothing in this sec- amended by striking paragraph (5) and in- INTERESTS IN LAND.—Any land or interest in tion enlarges, diminishes, or otherwise modi- serting the following: land within the boundary of the wilderness fies any treaty rights. ‘‘(5) ROGUE, OREGON.— areas that is acquired by the United States SEC. 1203. METHOW VALLEY, WASHINGTON, FED- ‘‘(A) IN GENERAL.—The segment of the river shall— ERAL LAND WITHDRAWAL. extending from the mouth of the Applegate (A) become part of the wilderness area in (a) DEFINITION OF MAP.—In this section, River downstream to the Lobster Creek which the land is located; and the term ‘‘Map’’ means the Forest Service Bridge, to be administered by the Secretary (B) be managed in accordance with— map entitled ‘‘Methow Headwaters With- of the Interior or the Secretary of Agri- (i) the Wilderness Act (16 U.S.C. 1131 et drawal Proposal Legislative Map’’ and dated culture, as agreed to by the Secretaries of seq.); May 24, 2016. the Interior and Agriculture or as directed (ii) this section; and (b) WITHDRAWAL.—Subject to valid existing by the President. (iii) any other applicable laws. rights, the approximately 340,079 acres of ‘‘(B) ADDITIONS.—In addition to the seg- (4) GRAZING.—Grazing of livestock in the Federal land and interests in the land lo- ment described in subparagraph (A), there wilderness areas, where established before cated in the Okanogan-Wenatchee National are designated the following segments in the the date of enactment of this Act, shall be Forest within the area depicted on the Map Rogue River: administered in accordance with— as ‘‘Proposed Withdrawal’’ is withdrawn ‘‘(i) KELSEY CREEK.—The approximately (A) section 4(d)(4) of the Wilderness Act (16 from all forms of— 6.8-mile segment of Kelsey Creek from the U.S.C. 1133(d)(4)); and (1) entry, appropriation, or disposal under Wild Rogue Wilderness boundary in T. 32 S., (B) the guidelines set forth in appendix A the public land laws; R. 9 W., sec. 25, Willamette Meridian, to the of the Report of the Committee on Interior (2) location, entry, and patent under the confluence with the Rogue River, as a wild and Insular Affairs to accompany H.R. 2570 of mining laws; and river. the 101st Congress (H. Rept. 101–405). (3) disposition under the mineral leasing ‘‘(ii) EAST FORK KELSEY CREEK.— (5) BUFFER ZONES.— and geothermal leasing laws. ‘‘(I) SCENIC RIVER.—The approximately 0.2- (A) IN GENERAL.—Nothing in this section (c) ACQUIRED LAND.—Any land or interest mile segment of East Fork Kelsey Creek creates a protective perimeter or buffer zone in land within the area depicted on the Map from headwaters downstream to the Wild around the wilderness areas. as ‘‘Proposed Withdrawal’’ that is acquired Rogue Wilderness boundary in T. 33 S., R. 8 (B) ACTIVITIES OUTSIDE WILDERNESS by the United States after the date of enact- W., sec. 5, Willamette Meridian, as a scenic AREAS.—The fact that an activity or use on ment of this Act shall, on acquisition, be im- river. land outside a wilderness area can be seen or mediately withdrawn in accordance with this ‘‘(II) WILD RIVER.—The approximately 4.6- heard within the wilderness area shall not section. mile segment of East Fork Kelsey Creek preclude the activity or use outside the (d) AVAILABILITY OF MAP.—The Map shall from the Wild Rogue Wilderness boundary in boundary of the wilderness area. be kept on file and made available for public T. 33 S., R. 8 W., sec. 5, Willamette Meridian, (6) RELEASE OF WILDERNESS STUDY AREAS.— inspection in the appropriate offices of the to the confluence with Kelsey Creek, as a Congress finds that, for purposes of section Forest Service and the Bureau of Land Man- wild river. 603(c) of the Federal Land Policy and Man- agement. ‘‘(iii) WHISKY CREEK.— agement Act of 1976 (43 U.S.C. 1782(c)), the SEC. 1204. EMIGRANT CREVICE WITHDRAWAL. ‘‘(I) RECREATIONAL RIVER.—The approxi- public land within the San Antonio Wilder- (a) DEFINITION OF MAP.—In this section, mately 1.6-mile segment of Whisky Creek ness Study Area not designated as wilderness the term ‘‘map’’ means the map entitled from the confluence of the East Fork and by this section— ‘‘Emigrant Crevice Proposed Withdrawal West Fork to the south boundary of the non- (A) has been adequately studied for wilder- Area’’ and dated November 10, 2016. Federal land in T. 33 S., R. 8 W., sec. 17, Wil- ness designation; (b) WITHDRAWAL.—Subject to valid existing lamette Meridian, as a recreational river. (B) is no longer subject to section 603(c) of rights in existence on the date of enactment ‘‘(II) WILD RIVER.—The approximately 1.2- the Federal Land Policy and Management of this Act, the National Forest System land mile segment of Whisky Creek from road 33– Act of 1976 (43 U.S.C. 1782(c)); and and interests in the National Forest System 8–23 to the confluence with the Rogue River, (C) shall be managed in accordance with land, as depicted on the map, is withdrawn as a wild river. this section. from— ‘‘(iv) EAST FORK WHISKY CREEK.— (7) MAPS AND LEGAL DESCRIPTIONS.— (1) location, entry, and patent under the ‘‘(I) SCENIC RIVER.—The approximately 0.9- (A) IN GENERAL.—As soon as practicable mining laws; and mile segment of East Fork Whisky Creek after the date of enactment of this Act, the (2) disposition under all laws pertaining to from its headwaters to Wild Rogue Wilder- Secretary shall file the map and legal de- mineral and geothermal leasing. ness boundary in T. 33 S., R. 8 W., sec. 11, scriptions of the wilderness areas with— (c) ACQUIRED LAND.—Any land or interest Willamette Meridian, as a scenic river. (i) the Committee on Energy and Natural in land within the area depicted on the map ‘‘(II) WILD RIVER.—The approximately 2.6- Resources of the Senate; and that is acquired by the United States after mile segment of East Fork Whisky Creek

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1217

from the Wild Rogue Wilderness boundary in ‘‘(xiii) RUM CREEK.— ‘‘(xxvii) CORRAL CREEK.—The approxi- T. 33 S., R. 8 W., sec. 11, Willamette Merid- ‘‘(I) SCENIC RIVER.—The approximately 2.2- mately 0.5-mile segment of Corral Creek ian, downstream to road 33–8–26 crossing, as mile segment of Rum Creek from its head- from its headwaters to the confluence with a wild river. waters to the Wild Rogue Wilderness bound- the Rogue River, as a wild river. ‘‘(III) RECREATIONAL RIVER.—The approxi- ary in T. 34 S., R. 8 W., sec. 9, Willamette ‘‘(xxviii) COWLEY CREEK.—The approxi- mately 0.3-mile segment of East Fork Whis- Meridian, as a scenic river. mately 0.9-mile segment of Cowley Creek ky Creek from road 33–8–26 to the confluence ‘‘(II) WILD RIVER.—The approximately 2.2- from its headwaters to the confluence with with Whisky Creek, as a recreational river. mile segment of Rum Creek from the Wild the Rogue River, as a wild river. ‘‘(v) WEST FORK WHISKY CREEK.—The ap- Rogue Wilderness boundary in T. 34 S., R. 8 ‘‘(xxix) DITCH CREEK.—The approximately proximately 4.8-mile segment of West Fork W., sec. 9, Willamette Meridian, to the con- 1.8-mile segment of Ditch Creek from the Whisky Creek from its headwaters to the fluence with the Rogue River, as a wild river. Wild Rogue Wilderness boundary in T. 33 S., confluence with the East Fork Whisky ‘‘(xiv) EAST FORK RUM CREEK.— R. 9 W., sec. 5, Willamette Meridian, to its Creek, as a wild river. ‘‘(I) SCENIC RIVER.—The approximately 0.8- confluence with the Rogue River, as a wild ‘‘(vi) BIG WINDY CREEK.— mile segment of East Fork Rum Creek from river. ‘‘(I) SCENIC RIVER.—The approximately 1.5- its headwaters to the Wild Rogue Wilderness ‘‘(xxx) FRANCIS CREEK.—The approximately mile segment of Big Windy Creek from its boundary in T. 34 S., R. 8 W., sec. 10, Willam- 0.9-mile segment of Francis Creek from its headwaters to road 34–9–17.1, as a scenic ette Meridian, as a scenic river. headwaters to the confluence with the Rogue river. ‘‘(II) WILD RIVER.—The approximately 1.3- River, as a wild river. ‘‘(II) WILD RIVER.—The approximately 5.8- mile segment of East Fork Rum Creek from ‘‘(xxxi) LONG GULCH.— mile segment of Big Windy Creek from road the Wild Rogue Wilderness boundary in T. 34 ‘‘(I) SCENIC RIVER.—The approximately 1.4- 34–9–17.1 to the confluence with the Rogue S., R. 8 W., sec. 10, Willamette Meridian, to mile segment of Long Gulch from its head- River, as a wild river. the confluence with Rum Creek, as a wild waters to the Wild Rogue Wilderness bound- ‘‘(vii) EAST FORK BIG WINDY CREEK.— river. ary in T. 33 S., R. 10 W., sec. 23, Willamette ‘‘(I) SCENIC RIVER.—The approximately 0.2- ‘‘(xv) WILDCAT CREEK.—The approximately Meridian, as a scenic river. mile segment of East Fork Big Windy Creek 1.7-mile segment of Wildcat Creek from its ‘‘(II) WILD RIVER.—The approximately 1.1- from its headwaters to road 34–8–36, as a sce- headwaters downstream to the confluence mile segment of Long Gulch from the Wild nic river. with the Rogue River, as a wild river. Rogue Wilderness boundary in T. 33 S., R. 10 ‘‘(II) WILD RIVER.—The approximately 3.7- ‘‘(xvi) MONTGOMERY CREEK.—The approxi- W., sec. 23, Willamette Meridian, to the con- mile segment of East Fork Big Windy Creek mately 1.8-mile segment of Montgomery fluence with the Rogue River, as a wild river. from road 34–8–36 to the confluence with Big Creek from its headwaters downstream to ‘‘(xxxii) BAILEY CREEK.— Windy Creek, as a wild river. the confluence with the Rogue River, as a ‘‘(I) SCENIC RIVER.—The approximately 1.4- ‘‘(viii) LITTLE WINDY CREEK.— wild river. mile segment of Bailey Creek from its head- ‘‘(I) SCENIC RIVER.—The approximately 1.2- ‘‘(xvii) HEWITT CREEK.— waters to the Wild Rogue Wilderness bound- mile segment of Little Windy Creek from its ‘‘(I) SCENIC RIVER.—The approximately 1.4- ary on the west section line of T. 34 S., R. 8 headwaters to the Wild Rogue Wilderness mile segment of Hewitt Creek from its head- W., sec. 14, Willamette Meridian, as a scenic boundary in T. 33 S., R. 9 W., sec. 33, Willam- waters to the Wild Rogue Wilderness bound- river. ette Meridian, as a scenic river. ary in T. 33 S., R. 9 W., sec. 19, Willamette ‘‘(II) WILD RIVER.—The approximately 1.7- ‘‘(II) WILD RIVER.—The approximately 1.9- Meridian, as a scenic river. mile segment of Bailey Creek from the west mile segment of Little Windy Creek from the ‘‘(II) WILD RIVER.—The approximately 1.2- section line of T. 34 S., R.8 W., sec. 14, Wil- Wild Rogue Wilderness boundary in T. 33 S., mile segment of Hewitt Creek from the Wild lamette Meridian, to the confluence of the R. 9 W., sec. 34, Willamette Meridian, to the Rogue Wilderness boundary in T. 33 S., R. 9 Rogue River, as a wild river. confluence with the Rogue River, as a wild W., sec. 19, Willamette Meridian, to the con- ‘‘(xxxiii) SHADY CREEK.—The approxi- river. fluence with the Rogue River, as a wild river. mately 0.7-mile segment of Shady Creek ‘‘(ix) HOWARD CREEK.— ‘‘(xviii) BUNKER CREEK.—The approxi- from its headwaters to the confluence with ‘‘(I) SCENIC RIVER.—The approximately 3.5- mately 6.6-mile segment of Bunker Creek the Rogue River, as a wild river. mile segment of Howard Creek from its head- from its headwaters to the confluence with ‘‘(xxxiv) SLIDE CREEK.— waters to road 34–9–34, as a scenic river. the Rogue River, as a wild river. ‘‘(I) SCENIC RIVER.—The approximately 0.5- ‘‘(II) WILD RIVER.—The approximately 6.9- ‘‘(xix) DULOG CREEK.— mile segment of Slide Creek from its head- mile segment of Howard Creek from 0.1 miles ‘‘(I) SCENIC RIVER.—The approximately 0.8- waters to road 33–9–6, as a scenic river. downstream of road 34–9–34 to the confluence mile segment of Dulog Creek from its head- ‘‘(II) WILD RIVER.—The approximately 0.7- with the Rogue River, as a wild river. waters to 0.1 miles downstream of road 34–8– mile section of Slide Creek from road 33–9–6 ‘‘(III) WILD RIVER.—The approximately 3.5- 36, as a scenic river. to the confluence with the Rogue River, as a mile segment of Anna Creek from its head- ‘‘(II) WILD RIVER.—The approximately 1.0- wild river.’’. waters to the confluence with Howard Creek, mile segment of Dulog Creek from road 34–8– (B) MANAGEMENT.—Each river segment des- as a wild river. 36 to the confluence with the Rogue River, as ignated by subparagraph (B) of section 3(a)(5) ‘‘(x) MULE CREEK.— a wild river. of the Wild and Scenic Rivers Act (16 U.S.C. ‘‘(I) SCENIC RIVER.—The approximately 3.5- ‘‘(xx) QUAIL CREEK.—The approximately 1274(a)(5)) (as added by subparagraph (A)) mile segment of Mule Creek from its head- 1.7-mile segment of Quail Creek from the shall be managed as part of the Rogue Wild waters downstream to the Wild Rogue Wil- Wild Rogue Wilderness boundary in T. 33 S., and Scenic River. derness boundary as a scenic river. R. 10 W., sec. 1, Willamette Meridian, to the (C) WITHDRAWAL.—Subject to valid existing ‘‘(II) WILD RIVER.—The approximately 7.8- confluence with the Rogue River, as a wild rights, the Federal land within the bound- mile segment of Mule Creek from the Wild river. aries of the river segments designated by Rogue Wilderness boundary in T. 32 S., R. 9 ‘‘(xxi) MEADOW CREEK.—The approximately subparagraph (B) of section 3(a)(5) of the W., sec. 29, Willamette Meridian, to the con- 4.1-mile segment of Meadow Creek from its Wild and Scenic Rivers Act (16 U.S.C. fluence with the Rogue River, as a wild river. headwaters to the confluence with the Rogue 1274(a)(5)) (as added by subparagraph (A)) is ‘‘(xi) MISSOURI CREEK.— River, as a wild river. withdrawn from all forms of— ‘‘(I) SCENIC RIVER.—The approximately 3.1- ‘‘(xxii) RUSSIAN CREEK.—The approxi- (i) entry, appropriation, or disposal under mile segment of Missouri Creek from its mately 2.5-mile segment of Russian Creek the public land laws; headwaters downstream to the Wild Rogue from the Wild Rogue Wilderness boundary in (ii) location, entry, and patent under the Wilderness boundary in T. 33 S., R. 10 W., sec. T. 33 S., R. 8 W., sec. 20, Willamette Merid- mining laws; and 24, Willamette Meridian, as a scenic river. ian, to the confluence with the Rogue River, (iii) disposition under all laws pertaining ‘‘(II) WILD RIVER.—The approximately 1.6- as a wild river. to mineral and geothermal leasing or min- mile segment of Missouri Creek from the ‘‘(xxiii) ALDER CREEK.—The approximately eral materials. Wild Rogue Wilderness boundary in T. 33 S., 1.2-mile segment of Alder Creek from its (D) ADDITIONAL PROTECTIONS FOR ROGUE R. 10 W., sec. 24, Willamette Meridian, to the headwaters to the confluence with the Rogue RIVER TRIBUTARIES.— confluence with the Rogue River, as a wild River, as a wild river. (i) LICENSING BY COMMISSION.—The Federal river. ‘‘(xxiv) BOOZE CREEK.—The approximately Energy Regulatory Commission shall not li- ‘‘(xii) JENNY CREEK.— 1.5-mile segment of Booze Creek from its cense the construction of any dam, water ‘‘(I) SCENIC RIVER.—The approximately 3.1- headwaters to the confluence with the Rogue conduit, reservoir, powerhouse, transmission mile segment of Jenny Creek from its head- River, as a wild river. line, or other project works on or directly af- waters downstream to the Wild Rogue Wil- ‘‘(xxv) BRONCO CREEK.—The approximately fecting any stream described in clause (iv). derness boundary in T. 33 S., R. 9 W., sec. 28, 1.8-mile segment of Bronco Creek from its (ii) OTHER AGENCIES.— Willamette Meridian, as a scenic river. headwaters to the confluence with the Rogue (I) IN GENERAL.—No department or agency ‘‘(II) WILD RIVER.—The approximately 1.8- River, as a wild river. of the United States shall assist by loan, mile segment of Jenny Creek from the Wild ‘‘(xxvi) COPSEY CREEK.—The approximately grant, license, or otherwise in the construc- Rogue Wilderness boundary in T. 33 S., R. 9 1.5-mile segment of Copsey Creek from its tion of any water resources project on or di- W., sec. 28, Willamette Meridian, to the con- headwaters to the confluence with the Rogue rectly affecting any stream segment that is fluence with the Rogue River, as a wild river. River, as a wild river. described in clause (iv), except to maintain

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1218 CONGRESSIONAL RECORD — SENATE February 12, 2019

or repair water resources projects in exist- (II) by striking ‘‘Boulder Creek at the (4) WILD AND SCENIC RIVER DESIGNATIONS, ence on the date of enactment of this Act. Kalmiopsis Wilderness boundary’’ and insert- MOLALLA RIVER, OREGON.—Section 3(a) of the (II) EFFECT.—Nothing in this clause pro- ing ‘‘Mislatnah Creek’’; Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) hibits any department or agency of the (iv) in clause (ii) (as so redesignated)— (as amended by paragraph (3)) is amended by United States in assisting by loan, grant, li- (I) by striking ‘‘8-mile’’ and inserting ‘‘7.5- adding at the end the following: cense, or otherwise, a water resources mile’’; and ‘‘(216) MOLALLA RIVER, OREGON.— project— (II) by striking ‘‘Boulder Creek to Steel ‘‘(A) IN GENERAL.—The following segments (aa) the primary purpose of which is eco- Bridge’’ and inserting ‘‘Mislatnah Creek to in the State of Oregon, to be administered by logical or aquatic restoration; Eagle Creek’’; the Secretary of the Interior as a rec- (bb) that provides a net benefit to water (v) in clause (iii) (as so redesignated)— reational river: quality and aquatic resources; and (I) by striking ‘‘11-mile’’ and inserting ‘‘9.5- ‘‘(i) MOLALLA RIVER.—The approximately (cc) that is consistent with protecting and mile’’; and 15.1-mile segment from the southern bound- enhancing the values for which the river was (II) by striking ‘‘Steel Bridge’’ and insert- ary line of T. 7 S., R. 4 E., sec. 19, down- designated. ing ‘‘Eagle Creek’’; and stream to the edge of the Bureau of Land (iii) WITHDRAWAL.—Subject to valid exist- (vi) by adding at the end the following: Management boundary in T. 6 S., R. 3 E., sec. ing rights, the Federal land located within 1⁄4 ‘‘(B) WITHDRAWAL.—Subject to valid rights, 7. mile on either side of the stream segments the Federal land within the boundaries of ‘‘(ii) TABLE ROCK FORK MOLALLA RIVER.— described in clause (iv) is withdrawn from all the river segments designated by subpara- The approximately 6.2-mile segment from forms of— graph (A) is withdrawn from all forms of— the easternmost Bureau of Land Manage- (I) entry, appropriation, or disposal under ‘‘(i) entry, appropriation, or disposal under ment boundary line in the NE1⁄4 sec. 4, T. 7 the public land laws; the public land laws; S., R. 4 E., downstream to the confluence (II) location, entry, and patent under the ‘‘(ii) location, entry, and patent under the with the Molalla River. mining laws; and mining laws; and ‘‘(B) WITHDRAWAL.—Subject to valid exist- (III) disposition under all laws pertaining ‘‘(iii) disposition under all laws pertaining ing rights, the Federal land within the to mineral and geothermal leasing or min- to mineral and geothermal leasing or min- boundaries of the river segments designated eral materials. eral materials.’’. by subparagraph (A) is withdrawn from all (iv) DESCRIPTION OF STREAM SEGMENTS.— (B) WHYCHUS CREEK, OREGON.—Section forms of— The following are the stream segments re- 3(a)(102) of the Wild and Scenic Rivers Act ‘‘(i) entry, appropriation, or disposal under ferred to in clause (i): (16 U.S.C. 1274(a)(102)) is amended— the public land laws; (I) KELSEY CREEK.—The approximately 2.5- (i) in the paragraph heading, by striking ‘‘(ii) location, entry, and patent under the mile segment of Kelsey Creek from its head- ‘‘SQUAW CREEK’’ and inserting ‘‘WHYCHUS mining laws; and waters to the Wild Rogue Wilderness bound- CREEK’’; ‘‘(iii) disposition under all laws relating to ary in T. 32 S., R. 9 W., sec. 25, Willamette (ii) by redesignating subparagraphs (A) and mineral and geothermal leasing or mineral Meridian. (B) as clauses (i) and (ii), respectively, and materials.’’. ESIGNATION OF ADDITIONAL WILD AND (II) GRAVE CREEK.—The approximately 10.2- indenting appropriately; (5) D mile segment of Grave Creek from the east (iii) in the matter preceding clause (i) (as SCENIC RIVERS.— boundary of T. 34 S., R. 7 W., sec. 1, Willam- so redesignated)— (A) ELK RIVER, OREGON.— ette Meridian, downstream to the confluence (I) by striking ‘‘The 15.4-mile’’ and insert- (i) IN GENERAL.—Section 3(a) of the Wild with the Rogue River. ing the following: and Scenic Rivers Act (16 U.S.C. 1274(a)) is ‘‘(A) DESIGNATIONS.—The 15.4-mile’’; and amended by striking paragraph (76) and in- (III) CENTENNIAL GULCH.—The approxi- mately 2.2-mile segment of Centennial Gulch (II) by striking ‘‘McAllister Ditch, includ- serting the following: ing the Soap Fork Squaw Creek, the North ‘‘(76) ELK, OREGON.—The 69.2-mile segment from its headwaters to its confluence with Fork, the South Fork, the East and West to be administered by the Secretary of Agri- the Rogue River in T. 34 S., R. 7, W., sec. 18, Forks of Park Creek, and Park Creek Fork’’ culture in the following classes: Willamette Meridian. and inserting ‘‘Plainview Ditch, including ‘‘(A) MAINSTEM.—The 17-mile segment from (IV) QUAIL CREEK.—The approximately 0.8- the Soap Creek, the North and South Forks the confluence of the North and South Forks mile segment of Quail Creek from its head- of Whychus Creek, the East and West Forks of the Elk to Anvil Creek as a recreational waters to the Wild Rogue Wilderness bound- of Park Creek, and Park Creek’’; river. ary in T. 33 S., R. 10 W., sec. 1, Willamette (iv) in clause (ii) (as so redesignated), by ‘‘(B) NORTH FORK.— Meridian. striking ‘‘McAllister Ditch’’ and inserting ‘‘(i) SCENIC RIVER.—The approximately 0.6- (V) DITCH CREEK.—The approximately 0.7- ‘‘Plainview Ditch’’; and mile segment of the North Fork Elk from its mile segment of Ditch Creek from its head- (v) by adding at the end the following: source in T. 33 S., R. 12 W., sec. 21, Willam- waters to the Wild Rogue Wilderness bound- ‘‘(B) WITHDRAWAL.—Subject to valid exist- ette Meridian, downstream to 0.01 miles ary in T. 33 S., R. 9 W., sec. 5, Willamette ing rights, the Federal land within the below Forest Service Road 3353, as a scenic Meridian. boundaries of the river segments designated river. (VI) GALICE CREEK.—The approximately by subparagraph (A) is withdrawn from all ‘‘(ii) WILD RIVER.—The approximately 5.5- 2.2-mile segment of Galice Creek from the forms of— mile segment of the North Fork Elk from confluence with the North Fork Galice Creek ‘‘(i) entry, appropriation, or disposal under 0.01 miles below Forest Service Road 3353 to downstream to the confluence with the the public land laws; its confluence with the South Fork Elk, as a Rogue River in T. 34 S., R. 8 W., sec. 36, Wil- ‘‘(ii) location, entry, and patent under the wild river. lamette Meridian. mining laws; and ‘‘(C) SOUTH FORK.— (VII) QUARTZ CREEK.—The approximately ‘‘(iii) disposition under all laws relating to ‘‘(i) SCENIC RIVER.—The approximately 0.9- 3.3-mile segment of Quartz Creek from its mineral and geothermal leasing or mineral mile segment of the South Fork Elk from its headwaters to its confluence with the North materials.’’. source in the southeast quarter of T. 33 S., R. Fork Galice Creek in T. 35 S., R. 8 W., sec. 4, (3) WILD AND SCENIC RIVER DESIGNATIONS, 12 W., sec. 32, Willamette Meridian, Forest Willamette Meridian. WASSON CREEK AND FRANKLIN CREEK, OR- Service Road 3353, as a scenic river. (VIII) NORTH FORK GALICE CREEK.—The ap- EGON.—Section 3(a) of the Wild and Scenic ‘‘(ii) WILD RIVER.—The approximately 4.2- proximately 5.7-mile segment of the North Rivers Act (16 U.S.C. 1274(a)) is amended by mile segment of the South Fork Elk from Fork Galice Creek from its headwaters to its adding at the end the following: 0.01 miles below Forest Service Road 3353 to confluence with the South Fork Galice ‘‘(214) FRANKLIN CREEK, OREGON.—The 4.5- its confluence with the North Fork Elk, as a Creek in T. 35 S., R. 8 W., sec. 3, Willamette mile segment from its headwaters to the pri- wild river. Meridian. vate land boundary in sec. 8, to be adminis- ‘‘(D) OTHER TRIBUTARIES.— (2) TECHNICAL CORRECTIONS TO THE WILD tered by the Secretary of Agriculture as a ‘‘(i) ROCK CREEK.—The approximately 1.7- AND SCENIC RIVERS ACT.— wild river. mile segment of Rock Creek from its head- (A) CHETCO, OREGON.—Section 3(a)(69) of ‘‘(215) WASSON CREEK, OREGON.—The 10.1- waters to the west boundary of T. 32 S., R. 14 the Wild and Scenic Rivers Act (16 U.S.C. mile segment in the following classes: W., sec. 30, Willamette Meridian, as a wild 1274(a)(69)) is amended— ‘‘(A) The 4.2-mile segment from the eastern river. (i) by redesignating subparagraphs (A), (B), boundary of T. 21 S., R. 9 W., sec. 17, down- ‘‘(ii) BALD MOUNTAIN CREEK.—The approxi- and (C) as clauses (i), (ii), and (iii), respec- stream to the western boundary of T. 21 S., mately 8-mile segment of Bald Mountain tively, and indenting appropriately; R. 10 W., sec. 12, to be administered by the Creek from its headwaters, including Salal (ii) in the matter preceding clause (i) (as so Secretary of the Interior as a wild river. Spring to its confluence with Elk River, as a redesignated), by striking ‘‘The 44.5-mile’’ ‘‘(B) The 5.9-mile segment from the west- recreational river. and inserting the following: ern boundary of T. 21 S., R. 10 W., sec. 12, ‘‘(iii) SOUTH FORK BALD MOUNTAIN CREEK.— ‘‘(A) DESIGNATIONS.—The 44.5-mile’’; downstream to the eastern boundary of the The approximately 3.5-mile segment of (iii) in clause (i) (as so redesignated)— northwest quarter of T. 21 S., R. 10 W., sec. South Fork Bald Mountain Creek from its (I) by striking ‘‘25.5-mile’’ and inserting 22, to be administered by the Secretary of headwaters to its confluence with Bald ‘‘27.5-mile’’; and Agriculture as a wild river.’’. Mountain Creek, as a scenic river.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1219

‘‘(iv) PLATINUM CREEK.—The approximately amended by clause (i)) is withdrawn from all U.S.C. 1274(a)) (as added by clause (i)) is 1-mile segment of Platinum Creek from— forms of— withdrawn from all forms of— ‘‘(I) its headwaters to Forest Service Road (I) entry, appropriation, or disposal under (I) entry, appropriation, or disposal under 5325, as a wild river; and the public land laws; the public land laws; ‘‘(II) Forest Service Road 5325 to its con- (II) location, entry, and patent under the (II) location, entry, and patent under the fluence with Elk River, as a scenic river. mining laws; and mining laws; and ‘‘(v) PANTHER CREEK.—The approximately (III) disposition under all laws relating to (III) disposition under all laws relating to 5.0-mile segment of Panther Creek from— mineral and geothermal leasing or mineral mineral and geothermal leasing or mineral ‘‘(I) its headwaters, including Mountain materials. materials. Well, to Forest Service Road 5325, as a wild (B) DESIGNATION OF WILD AND SCENIC RIVER (b) DEVIL’S STAIRCASE WILDERNESS.— river; and SEGMENTS.— ‘‘(II) Forest Service Road 5325 to its con- (i) IN GENERAL.—Section 3(a) of the Wild (1) DEFINITIONS.—In this subsection: fluence with Elk River, as a scenic river. and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (A) MAP.—The term ‘‘map’’ means the map ‘‘(vi) EAST FORK PANTHER CREEK.—The ap- amended by paragraph (4)) is amended by entitled ‘‘Devil’s Staircase Wilderness Pro- proximately 3.0-mile segment of East Fork adding at the end the following: posal’’ and dated July 26, 2018. Panther Creek from it headwaters, to the ‘‘(217) NESTUCCA RIVER, OREGON.—The ap- (B) SECRETARY.—The term ‘‘Secretary’’ confluence with Panther Creek, as a wild proximately 15.5-mile segment from its con- means— river. fluence with Ginger Creek downstream until (i) the Secretary, with respect to public ‘‘(vii) WEST FORK PANTHER CREEK.—The ap- it crosses the western edge of T. 4 S., R. 7 W., land administered by the Secretary; or proximately 3.0-mile segment of West Fork sec. 7, Willamette Meridian, to be adminis- (ii) the Secretary of Agriculture, with re- Panther Creek from its headwaters to the tered by the Secretary of the Interior as a spect to National Forest System land. confluence with Panther Creek as a wild recreational river. (C) STATE.—The term ‘‘State’’ means the river. ‘‘(218) WALKER CREEK, OREGON.—The ap- State of Oregon. ‘‘(viii) LOST CREEK.—The approximately proximately 2.9-mile segment from the head- (D) WILDERNESS.—The term ‘‘Wilderness’’ 1.0-mile segment of Lost Creek from— waters in T. 3 S., R. 6 W., sec. 20 downstream means the Devil’s Staircase Wilderness des- ‘‘(I) its headwaters to Forest Service Road to the confluence with the Nestucca River in ignated by paragraph (2). 5325, as a wild river; and T. 3 S., R. 6 W., sec. 15, Willamette Meridian, (2) DESIGNATION.—In accordance with the ‘‘(II) Forest Service Road 5325 to its con- to be administered by the Secretary of the Wilderness Act (16 U.S.C. 1131 et seq.), the fluence with the Elk River, as a scenic river. Interior as a recreational river. approximately 30,621 acres of Forest Service ‘‘(ix) MILBURY CREEK.—The approximately ‘‘(219) NORTH FORK SILVER CREEK, OREGON.— land and Bureau of Land Management land 1.5-mile segment of Milbury Creek from— The approximately 6-mile segment from the in the State, as generally depicted on the ‘‘(I) its headwaters to Forest Service Road headwaters in T. 35 S., R. 9 W., sec. 1 down- map, is designated as wilderness and as a 5325, as a wild river; and stream to the western edge of the Bureau of component of the National Wilderness Pres- ‘‘(II) Forest Service Road 5325 to its con- Land Management boundary in T. 35 S., R. 9 ervation System, to be known as the ‘‘Dev- fluence with the Elk River, as a scenic river. W., sec. 17, Willamette Meridian, to be ad- il’s Staircase Wilderness’’. ‘‘(x) BLACKBERRY CREEK.—The approxi- ministered by the Secretary of the Interior (3) MAP; LEGAL DESCRIPTION.— mately 5.0-mile segment of Blackberry Creek as a recreational river. (A) IN GENERAL.—As soon as practicable from— ‘‘(220) JENNY CREEK, OREGON.—The approxi- after the date of enactment of this Act, the ‘‘(I) its headwaters to Forest Service Road mately 17.6-mile segment from the Bureau of Secretary shall prepare a map and legal de- 5325, as a wild river; and Land Management boundary located at the scription of the Wilderness. ‘‘(II) Forest Service Road 5325 to its con- north boundary of the southwest quarter of (B) FORCE OF LAW.—The map and legal de- fluence with the Elk River, as a scenic river. the southeast quarter of T. 38 S., R. 4 E., sec. scription prepared under subparagraph (A) ‘‘(xi) EAST FORK BLACKBERRY CREEK.—The 34, Willamette Meridian, downstream to the shall have the same force and effect as if in- approximately 2.0-mile segment of the Oregon State border, to be administered by cluded in this subsection, except that the unnamed tributary locally known as ‘East the Secretary of the Interior as a scenic Secretary may correct clerical and typo- Fork Blackberry Creek’ from its headwaters river. graphical errors in the map and legal de- in T. 33 S., R. 13 W., sec. 26, Willamette Me- ‘‘(221) SPRING CREEK, OREGON.—The ap- scription. ridian, to its confluence with Blackberry proximately 1.1-mile segment from its source (C) AVAILABILITY.—The map and legal de- Creek, as a wild river. at Shoat Springs in T. 40 S., R. 4 E., sec. 34, scription prepared under subparagraph (A) ‘‘(xii) MCCURDY CREEK.—The approximately Willamette Meridian, downstream to the 1.0-mile segment of McCurdy Creek from— confluence with Jenny Creek in T. 41 S., R. shall be on file and available for public in- ‘‘(I) its headwaters to Forest Service Road 4 E., sec. 3, Willamette Meridian, to be ad- spection in the appropriate offices of the 5325, as a wild river; and ministered by the Secretary of the Interior Forest Service and Bureau of Land Manage- ‘‘(II) Forest Service Road 5325 to its con- as a scenic river. ment. fluence with the Elk River, as a scenic river. ‘‘(222) LOBSTER CREEK, OREGON.—The ap- (4) ADMINISTRATION.—Subject to valid ex- ‘‘(xiii) BEAR CREEK.—The approximately proximately 5-mile segment from T. 15 S., R. isting rights, the area designated as wilder- 1.5-mile segment of Bear Creek from head- 8 W., sec. 35, Willamette Meridian, down- ness by this subsection shall be administered waters to the confluence with Bald Mountain stream to the northern edge of the Bureau of by the Secretary in accordance with the Wil- Creek, as a recreational river. Land Management boundary in T. 15 S., R. 8 derness Act (16 U.S.C. 1131 et seq.), except ‘‘(xiv) BUTLER CREEK.—The approximately W., sec. 15, Willamette Meridian, to be ad- that— 4-mile segment of Butler Creek from— ministered by the Secretary of the Interior (A) any reference in that Act to the effec- ‘‘(I) its headwaters to the south boundary as a recreational river. tive date shall be considered to be a ref- of T. 33 S., R. 13 W., sec. 8, Willamette Merid- ‘‘(223) ELK CREEK, OREGON.—The approxi- erence to the date of enactment of this Act; ian, as a wild river; and mately 7.3-mile segment from its confluence and ‘‘(II) from the south boundary of T. 33 S., with Flat Creek near river mile 9, to the (B) any reference in that Act to the Sec- R. 13 W., sec. 8, Willamette Meridian, to its southern edge of the Army Corps of Engi- retary of Agriculture shall be considered to confluence with Elk River, as a scenic river. neers boundary in T. 33 S., R. 1 E., sec. 30, be a reference to the Secretary that has ju- ‘‘(xv) EAST FORK BUTLER CREEK.—The ap- Willamette Meridian, near river mile 1.7, to risdiction over the land within the Wilder- proximately 2.8-mile segment locally known be administered by the Secretary of the Inte- ness. as the ‘East Fork of Butler Creek’ from its rior as a scenic river.’’. (5) FISH AND WILDLIFE.—Nothing in this headwaters on Mount Butler in T. 32 S., R. 13 (ii) ADMINISTRATION OF ELK CREEK.— subsection affects the jurisdiction or respon- W., sec. 29, Willamette Meridian, to its con- (I) LATERAL BOUNDARIES OF ELK CREEK.— sibilities of the State with respect to fish fluence with Butler Creek, as a scenic river. The lateral boundaries of the river segment and wildlife in the State. ‘‘(xvi) PURPLE MOUNTAIN CREEK.—The ap- designated by paragraph (223) of section 3(a) (6) ADJACENT MANAGEMENT.— proximately 2.0-mile segment locally known of the Wild and Scenic Rivers Act (16 U.S.C. (A) IN GENERAL.—Nothing in this sub- as ‘Purple Mountain Creek’ from— 1274(a)) (as added by clause (i)) shall include section creates any protective perimeter or ‘‘(I) its headwaters in secs. 35 and 36, T. 33 an average of not more than 640 acres per buffer zone around the Wilderness. S., R. 14 W., Willamette Meridian, to 0.01 mile measured from the ordinary high water (B) ACTIVITIES OUTSIDE WILDERNESS.—The miles above Forest Service Road 5325, as a mark on both sides of the river segment. fact that a nonwilderness activity or use on wild river; and (II) DEAUTHORIZATION.—The Elk Creek land outside the Wilderness can be seen or ‘‘(II) 0.01 miles above Forest Service Road Project authorized under the Flood Control heard within the Wilderness shall not pre- 5325 to its confluence with the Elk River, as Act of 1962 (Public Law 87–874; 76 Stat. 1192) clude the activity or use outside the bound- a scenic river.’’. is deauthorized. ary of the Wilderness. (ii) WITHDRAWAL.—Subject to valid exist- (iii) WITHDRAWAL.—Subject to valid exist- (7) PROTECTION OF TRIBAL RIGHTS.—Nothing ing rights, the Federal land within the ing rights, the Federal land within the in this subsection diminishes any treaty boundaries of the river segments designated boundaries of the river segments designated rights of an Indian Tribe. by paragraph (76) of section 3(a) of the Wild by paragraphs (217) through (223) of section (8) TRANSFER OF ADMINISTRATIVE JURISDIC- and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 3(a) of the Wild and Scenic Rivers Act (16 TION.—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1220 CONGRESSIONAL RECORD — SENATE February 12, 2019

(A) IN GENERAL.—Administrative jurisdic- (1) IN GENERAL.—Subject to valid existing Management Plan for the use of motorized tion over the approximately 49 acres of Bu- rights, there is established the San Rafael vehicles, including necessary repairs to keep reau of Land Management land north of the Swell Recreation Area in the State. existing roads free of debris or other safety Umpqua River in T. 21 S., R. 11 W., sec. 32, is (2) AREA INCLUDED.—The Recreation Area hazards, shall be permitted after the date of transferred from the Bureau of Land Man- shall consist of approximately 216,995 acres enactment of this Act, consistent with the agement to the Forest Service. of Federal land managed by the Bureau of requirements of this section. (B) ADMINISTRATION.—The Secretary shall Land Management, as generally depicted on (B) EFFECT.—Nothing in this subsection administer the land transferred by subpara- the Map. prevents the Secretary from rerouting an ex- graph (A) in accordance with— (b) PURPOSES.—The purposes of the Recre- isting road or trail to protect Recreation (i) the Act of March 1, 1911 (commonly ation Area are to provide for the protection, Area resources from degradation or to pro- known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et conservation, and enhancement of the rec- tect public safety, as determined to be appro- seq.); and reational, cultural, natural, scenic, wildlife, priate by the Secretary. (ii) any laws (including regulations) appli- ecological, historical, and educational re- (e) GRAZING.— cable to the National Forest System. sources of the Recreation Area. (1) IN GENERAL.—The grazing of livestock PART II—EMERY COUNTY PUBLIC LAND (c) MAP AND LEGAL DESCRIPTION.— in the Recreation Area, if established before MANAGEMENT (1) IN GENERAL.—As soon as practicable the date of enactment of this Act, shall be after the date of enactment of this Act, the allowed to continue, subject to such reason- SEC. 1211. DEFINITIONS. Secretary shall file a map and legal descrip- able regulations, policies, and practices as In this part: tion of the Recreation Area with the Com- the Secretary considers to be necessary in (1) COUNCIL.—The term ‘‘Council’’ means mittee on Natural Resources of the House of accordance with— the San Rafael Swell Recreation Area Advi- Representatives and the Committee on En- (A) applicable law (including regulations); sory Council established under section ergy and Natural Resources of the Senate. and 1223(a). (2) EFFECT.—The map and legal description (B) the purposes of the Recreation Area. (2) COUNTY.—The term ‘‘County’’ means filed under paragraph (1) shall have the same (2) INVENTORY.—Not later than 5 years Emery County in the State. force and effect as if included in this subpart, after the date of enactment of this Act, the (3) MANAGEMENT PLAN.—The term ‘‘Man- except that the Secretary may correct cler- Secretary, in collaboration with any affected agement Plan’’ means the management plan ical and typographical errors in the map and grazing permittee, shall carry out an inven- for the Recreation Area developed under sec- legal description. tory of facilities and improvements associ- tion 1222(c). (3) PUBLIC AVAILABILITY.—A copy of the ated with grazing activities in the Recre- (4) MAP.—The term ‘‘Map’’ means the map map and legal description filed under para- ation Area. entitled ‘‘Emery County Public Land Man- graph (1) shall be on file and available for (f) COLD WAR SITES.—The Secretary shall agement Act of 2018 Overview Map’’ and public inspection in the appropriate offices manage the Recreation Area in a manner dated February 5, 2019. of the Bureau of Land Management. that educates the public about Cold War and (5) RECREATION AREA.—The term ‘‘Recre- SEC. 1222. MANAGEMENT OF RECREATION AREA. historic uranium mine sites in the Recre- ation Area’’ means the San Rafael Swell ation Area, subject to such terms and condi- (a) IN GENERAL.—The Secretary shall ad- Recreation Area established by section tions as the Secretary considers necessary to minister the Recreation Area— 1221(a)(1). protect public health and safety. (1) in a manner that conserves, protects, (6) SECRETARY.—The term ‘‘Secretary’’ (g) INCORPORATION OF ACQUIRED LAND AND and enhances the purposes for which the means— INTERESTS.—Any land or interest in land lo- Recreation Area is established; and (A) the Secretary, with respect to public cated within the boundary of the Recreation (2) in accordance with— land administered by the Bureau of Land Area that is acquired by the United States (A) this section; Management; and after the date of enactment of this Act (B) the Federal Land Policy and Manage- (B) the Secretary of Agriculture, with re- shall— ment Act of 1976 (43 U.S.C. 1701 et seq.); and spect to National Forest System land. (1) become part of the Recreation Area; (C) other applicable laws. (7) STATE.—The term ‘‘State’’ means the and (b) USES.—The Secretary shall allow only State of Utah. (2) be managed in accordance with applica- uses of the Recreation Area that are con- (8) WILDERNESS AREA.—The term ‘‘wilder- ble laws, including as provided in this sec- sistent with the purposes for which the ness area’’ means a wilderness area des- tion. Recreation Area is established. ignated by section 1231(a). (h) WITHDRAWAL.—Subject to valid existing (c) MANAGEMENT PLAN.— SEC. 1212. ADMINISTRATION. rights, all Federal land within the Recre- (1) IN GENERAL.—Not later than 5 years ation Area, including any land or interest in Nothing in this part affects or modifies— after the date of enactment of this Act, the land that is acquired by the United States (1) any right of any federally recognized In- Secretary shall develop a comprehensive within the Recreation Area after the date of dian Tribe; or management plan for the long-term protec- enactment of this Act, is withdrawn from— (2) any obligation of the United States to tion and management of the Recreation (1) entry, appropriation, or disposal under any federally recognized Indian Tribe. Area. the public land laws; SEC. 1213. EFFECT ON WATER RIGHTS. (2) REQUIREMENTS.—The Management Plan (2) location, entry, and patent under the Nothing in this part— shall— mining laws; and (1) affects the use or allocation, in exist- (A) describe the appropriate uses and man- (3) operation of the mineral leasing, min- ence on the date of enactment of this Act, of agement of the Recreation Area; eral materials, and geothermal leasing laws. any water, water right, or interest in water; (B) be developed with extensive public (i) STUDY OF NONMOTORIZED RECREATION (2) affects any water right (as defined by input; OPPORTUNITIES.—Not later than 2 years after applicable State law) in existence on the (C) take into consideration any informa- the date of enactment of this Act, the Sec- date of enactment of this Act, including any tion developed in studies of the land within retary, in consultation with interested par- water right held by the United States; the Recreation Area; and ties, shall conduct a study of nonmotorized (3) affects any interstate water compact in (D) be developed fully consistent with the recreation trail opportunities, including bi- existence on the date of enactment of this settlement agreement entered into on Janu- cycle trails, within the Recreation Area, Act; ary 13, 2017, in the case in the United States consistent with the purposes of the Recre- (4) shall be considered to be a relinquish- District Court for the District of Utah styled ation Area. ment or reduction of any water rights re- ‘‘Southern Utah Wilderness Alliance, et al. v. (j) COOPERATIVE AGREEMENT.—The Sec- served or appropriated by the United States U.S. Department of the Interior, et al.’’ and retary may enter into a cooperative agree- in the State on or before the date of enact- numbered 2:12–cv–257 DAK. ment with the State in accordance with sec- ment of this Act; or (d) MOTORIZED VEHICLES; NEW ROADS.— tion 307(b) of the Federal Land Policy and (5) affects the management and operation (1) MOTORIZED VEHICLES.—Except as needed Management Act of 1976 (43 U.S.C. 1737(b)) of Flaming Gorge Dam and Reservoir, in- for emergency response or administrative and other applicable laws to provide for the cluding the storage, management, and re- purposes, the use of motorized vehicles in protection, management, and maintenance lease of water. the Recreation Area shall be permitted only of the Recreation Area. SEC. 1214. SAVINGS CLAUSE. on roads and motorized routes designated in SEC. 1223. SAN RAFAEL SWELL RECREATION Nothing in this part diminishes the au- the Management Plan for the use of motor- AREA ADVISORY COUNCIL. thority of the Secretary under Public Law ized vehicles. (a) ESTABLISHMENT.—Not later than 180 92–195 (commonly known as the ‘‘Wild Free- (2) NEW ROADS.—No new permanent or tem- days after the date of enactment of this Act, Roaming Horses and Burros Act’’) (16 U.S.C. porary roads or other motorized vehicle the Secretary shall establish an advisory 1331 et seq.). routes shall be constructed within the Recre- council, to be known as the ‘‘San Rafael ation Area after the date of enactment of Swell Recreation Area Advisory Council’’. Subpart A—San Rafael Swell Recreation Area this Act. (b) DUTIES.—The Council shall advise the SEC. 1221. ESTABLISHMENT OF RECREATION (3) EXISTING ROADS.— Secretary with respect to the preparation AREA. (A) IN GENERAL.—Necessary maintenance and implementation of the Management (a) ESTABLISHMENT.— or repairs to existing roads designated in the Plan for the Recreation Area.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1221

(c) APPLICABLE LAW.—The Council shall be ‘‘Proposed Little Ocean Draw Wilderness’’, (2) EFFECT.—Each map and legal descrip- subject to— which shall be known as the ‘‘Little Ocean tion filed under paragraph (1) shall have the (1) the Federal Advisory Committee Act (5 Draw Wilderness’’. same force and effect as if included in this U.S.C. App.); and (9) LITTLE WILD HORSE CANYON.—Certain part, except that the Secretary may correct (2) section 309 of the Federal Land Policy Federal land managed by the Bureau of Land clerical and typographical errors in the maps and Management Act of 1976 (43 U.S.C. 1739). Management, comprising approximately and legal descriptions. (d) MEMBERS.—The Council shall include 7 5,479 acres, generally depicted on the Map as (3) AVAILABILITY.—Each map and legal de- members, to be appointed by the Secretary, ‘‘Proposed Little Wild Horse Canyon Wilder- scription filed under paragraph (1) shall be of whom, to the maximum extent prac- ness’’, which shall be known as the ‘‘Little on file and available for public inspection in ticable— Wild Horse Canyon Wilderness’’. the appropriate office of the Secretary. (1) 1 member shall represent the Emery (10) LOWER LAST CHANCE.—Certain Federal SEC. 1232. ADMINISTRATION. County Commission; land managed by the Bureau of Land Man- (a) MANAGEMENT.—Subject to valid exist- (2) 1 member shall represent motorized rec- agement, comprising approximately 19,338 ing rights, the wilderness areas shall be ad- reational users; acres, generally depicted on the Map as ministered by the Secretary in accordance (3) 1 member shall represent nonmotorized ‘‘Proposed Lower Last Chance Wilderness’’, with the Wilderness Act (16 U.S.C. 1131 et recreational users; which shall be known as the ‘‘Lower Last seq.), except that— (4) 1 member shall represent permittees Chance Wilderness’’. (1) any reference in that Act to the effec- holding grazing allotments within the Recre- (11) MEXICAN MOUNTAIN.—Certain Federal tive date shall be considered to be a ref- ation Area or wilderness areas designated in land managed by the Bureau of Land Man- erence to the date of enactment of this Act; this part; agement, comprising approximately 76,413 and (5) 1 member shall represent conservation acres, generally depicted on the Map as (2) any reference in that Act to the Sec- organizations; ‘‘Proposed Mexican Mountain Wilderness’’, retary of Agriculture shall be considered to (6) 1 member shall have expertise in the which shall be known as the ‘‘Mexican Moun- be a reference to the Secretary. historical uses of the Recreation Area; and tain Wilderness’’. (b) RECREATIONAL CLIMBING.—Nothing in (7) 1 member shall be appointed from the (12) MIDDLE WILD HORSE MESA.—Certain this part prohibits recreational rock climb- elected leadership of a Federally recognized Federal land managed by the Bureau of Land ing activities in the wilderness areas, such as Indian Tribe that has significant cultural or Management, comprising approximately the placement, use, and maintenance of fixed historical connections to, and expertise in, 16,343 acres, generally depicted on the Map as anchors, including any fixed anchor estab- the landscape, archeological sites, or cul- ‘‘Proposed Middle Wild Horse Mesa Wilder- lished before the date of the enactment of tural sites within the County. ness’’, which shall be known as the ‘‘Middle this Act— Subpart B—Wilderness Areas Wild Horse Mesa Wilderness’’. (1) in accordance with the Wilderness Act (13) MUDDY CREEK.—Certain Federal land (16 U.S.C. 1131 et seq.); and SEC. 1231. ADDITIONS TO THE NATIONAL WIL- (2) subject to any terms and conditions de- DERNESS PRESERVATION SYSTEM. managed by the Bureau of Land Manage- termined to be necessary by the Secretary. (a) ADDITIONS.—In accordance with the ment, comprising approximately 98,023 acres, (c) TRAIL PLAN.—After providing opportu- Wilderness Act (16 U.S.C. 1131 et seq.), the generally depicted on the Map as ‘‘Proposed nities for public comment, the Secretary following land in the State is designated as Muddy Creek Wilderness’’, which shall be shall establish a trail plan that addresses wilderness and as components of the Na- known as the ‘‘Muddy Creek Wilderness’’. (14) NELSON MOUNTAIN.— hiking and equestrian trails on the wilder- tional Wilderness Preservation System: ness areas in a manner consistent with the (1) BIG WILD HORSE MESA.—Certain Federal (A) IN GENERAL.—Certain Federal land managed by the Forest Service, comprising Wilderness Act (16 U.S.C. 1131 et seq.). land managed by the Bureau of Land Man- IVESTOCK.— approximately 7,176 acres, and certain Fed- (d) L agement, comprising approximately 18,192 (1) IN GENERAL.—The grazing of livestock eral land managed by the Bureau of Land acres, generally depicted on the Map as in the wilderness areas, if established before Management, comprising approximately 257 ‘‘Proposed Big Wild Horse Mesa Wilderness’’, the date of enactment of this Act, shall be acres, generally depicted on the Map as which shall be known as the ‘‘Big Wild Horse allowed to continue, subject to such reason- ‘‘Proposed Nelson Mountain Wilderness’’, Mesa Wilderness’’. able regulations, policies, and practices as which shall be known as the ‘‘Nelson Moun- (2) COLD WASH.—Certain Federal land man- the Secretary considers to be necessary in tain Wilderness’’. aged by the Bureau of Land Management, accordance with— (B) TRANSFER OF ADMINISTRATIVE JURISDIC- comprising approximately 11,001 acres, gen- (A) section 4(d)(4) of the Wilderness Act (16 TION.—Administrative jurisdiction over the erally depicted on the Map as ‘‘Proposed U.S.C. 1133(d)(4)); and Cold Wash Wilderness’’, which shall be 257-acre portion of the Nelson Mountain Wil- derness designated by subparagraph (A) is (B) the guidelines set forth in Appendix A known as the ‘‘Cold Wash Wilderness’’. of the report of the Committee on Interior (3) DESOLATION CANYON.—Certain Federal transferred from the Bureau of Land Man- agement to the Forest Service. and Insular Affairs of the House of Rep- land managed by the Bureau of Land Man- resentatives accompanying H.R. 2570 of the agement, comprising approximately 142,996 (15) RED’S CANYON.—Certain Federal land managed by the Bureau of Land Manage- 101st Congress (House Report 101–405). acres, generally depicted on the Map as NVENTORY.—With respect to each wil- ment, comprising approximately 17,325 acres, (2) I ‘‘Proposed Desolation Canyon Wilderness’’, derness area in which grazing of livestock is generally depicted on the Map as ‘‘Proposed which shall be known as the ‘‘Desolation allowed to continue under paragraph (1), not Red’s Canyon Wilderness’’, which shall be Canyon Wilderness’’. later than 2 years after the date of enact- known as the ‘‘Red’s Canyon Wilderness’’. (4) DEVIL’S CANYON.—Certain Federal land ment of this Act, the Secretary, in collabora- (16) SAN RAFAEL REEF.—Certain Federal managed by the Bureau of Land Manage- tion with any affected grazing permittee, ment, comprising approximately 8,675 acres, land managed by the Bureau of Land Man- agement, comprising approximately 60,442 shall carry out an inventory of facilities and generally depicted on the Map as ‘‘Proposed improvements associated with grazing ac- Devil’s Canyon Wilderness’’, which shall be acres, generally depicted on the Map as ‘‘Proposed San Rafael Reef Wilderness’’, tivities in the wilderness area. known as the ‘‘Devil’s Canyon Wilderness’’. (e) ADJACENT MANAGEMENT.— which shall be known as the ‘‘San Rafael (5) EAGLE CANYON.—Certain Federal land (1) IN GENERAL.—Congress does not intend Reef Wilderness’’. managed by the Bureau of Land Manage- for the designation of the wilderness areas to (17) SID’S MOUNTAIN.—Certain Federal land ment, comprising approximately 13,832 acres, create protective perimeters or buffer zones managed by the Bureau of Land Manage- generally depicted on the Map as ‘‘Proposed around the wilderness areas. ment, comprising approximately 49,130 acres, Eagle Canyon Wilderness’’, which shall be (2) NONWILDERNESS ACTIVITIES.—The fact generally depicted on the Map as ‘‘Proposed known as the ‘‘Eagle Canyon Wilderness’’. that nonwilderness activities or uses can be Sid’s Mountain Wilderness’’, which shall be (6) HORSE VALLEY.—Certain Federal land seen or heard from areas within a wilderness known as the ‘‘Sid’s Mountain Wilderness’’. managed by the Bureau of Land Manage- area shall not preclude the conduct of those (18) TURTLE CANYON.—Certain Federal land ment, comprising approximately 12,201 acres, activities or uses outside the boundary of the managed by the Bureau of Land Manage- generally depicted on the Map as ‘‘Proposed wilderness area. Horse Valley Wilderness’’, which shall be ment, comprising approximately 29,029 acres, (f) MILITARY OVERFLIGHTS.—Nothing in known as the ‘‘Horse Valley Wilderness’’. generally depicted on the Map as ‘‘Proposed this subpart restricts or precludes— (7) LABYRINTH CANYON.—Certain Federal Turtle Canyon Wilderness’’, which shall be (1) low-level overflights of military air- land managed by the Bureau of Land Man- known as the ‘‘Turtle Canyon Wilderness’’. craft over the wilderness areas, including agement, comprising approximately 54,643 (b) MAP AND LEGAL DESCRIPTION.— military overflights that can be seen or acres, generally depicted on the Map as (1) IN GENERAL.—As soon as practicable heard within the wilderness areas; ‘‘Proposed Labyrinth Canyon Wilderness’’, after the date of enactment of this Act, the (2) flight testing and evaluation; or which shall be known as the ‘‘Labyrinth Secretary shall file a map and legal descrip- (3) the designation or creation of new units Canyon Wilderness’’. tion of each wilderness area with— of special use airspace, or the establishment (8) LITTLE OCEAN DRAW.—Certain Federal (A) the Committee on Natural Resources of of military flight training routes, over the land managed by the Bureau of Land Man- the House of Representatives; and wilderness areas. agement, comprising approximately 20,660 (B) the Committee on Energy and Natural (g) COMMERCIAL SERVICES.—Commercial acres, generally depicted on the Map as Resources of the Senate. services (including authorized outfitting and

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1222 CONGRESSIONAL RECORD — SENATE February 12, 2019 guide activities) within the wilderness areas Subpart C—Wild and Scenic River legal description, subject to the requirement may be authorized to the extent necessary Designation that, before making the proposed correc- for activities that are appropriate for real- SEC. 1241. GREEN RIVER WILD AND SCENIC tions, the Secretary shall submit to the izing the recreational or other wilderness RIVER DESIGNATION. State and any affected county the proposed purposes of the wilderness areas, in accord- (a) IN GENERAL.—Section 3(a) of the Wild corrections. ance with section 4(d)(5) of the Wilderness and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (3) PUBLIC AVAILABILITY.—A copy of the Act (16 U.S.C. 1133(d)(5)). amended by section 1205(a)(5)(B)(i)) is amend- map and legal description filed under para- ed by adding at the end the following: graph (1) shall be on file and available for (h) LAND ACQUISITION AND INCORPORATION ‘‘(224) GREEN RIVER.—The approximately public inspection in the appropriate offices OF ACQUIRED LAND AND INTERESTS.— 63-mile segment, as generally depicted on of the Bureau of Land Management. (1) ACQUISITION AUTHORITY.—The Secretary the map entitled ‘Emery County Public Land (c) WITHDRAWAL.—Subject to valid existing may acquire land and interests in land with- Management Act of 2018 Overview Map’ and rights, any Federal land within the bound- in the boundaries of a wilderness area by do- dated December 11, 2018, to be administered aries of the Monument and any land or inter- nation, purchase from a willing seller, or ex- by the Secretary of the Interior, in the fol- est in land that is acquired by the United change. lowing classifications: States for inclusion in the Monument after (2) INCORPORATION.—Any land or interest in ‘‘(A) WILD RIVER SEGMENT.—The 5.3-mile the date of enactment of this Act is with- land within the boundary of a wilderness segment from the boundary of the Uintah drawn from— area that is acquired by the United States and Ouray Reservation, south to the (1) entry, appropriation, or disposal under after the date of enactment of this Act shall Nefertiti boat ramp, as a wild river. the public land laws; be added to and administered as part of the ‘‘(B) RECREATIONAL RIVER SEGMENT.—The (2) location, entry, and patent under the wilderness area. 8.5-mile segment from the Nefertiti boat mining laws; and (i) WATER RIGHTS.— ramp, south to the Swasey’s boat ramp, as a (3) operation of the mineral leasing laws, (1) STATUTORY CONSTRUCTION.—Nothing in recreational river. geothermal leasing laws, and minerals mate- this subpart— ‘‘(C) SCENIC RIVER SEGMENT.—The 49.2-mile rials laws. (A) shall constitute or be construed to con- segment from Bull Bottom, south to the (d) MANAGEMENT.— stitute either an express or implied reserva- county line between Emery and Wayne Coun- (1) IN GENERAL.—The Secretary shall man- tion by the United States of any water or ties, as a scenic river.’’. age the Monument— water rights with respect to the land des- (b) INCORPORATION OF ACQUIRED NON-FED- (A) in a manner that conserves, protects, ignated as wilderness by section 1231; ERAL LAND.—If the United States acquires and enhances the resources and values of the (B) shall affect any water rights in the any non-Federal land within or adjacent to a Monument, including the resources and val- State existing on the date of enactment of river segment of the Green River designated ues described in subsection (a); and this Act, including any water rights held by by paragraph (224) of section 3(a) of the Wild (B) in accordance with— the United States; and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (i) this section; (C) shall be construed as establishing a added by subsection (a)), the acquired land (ii) the Federal Land Policy and Manage- precedent with regard to any future wilder- shall be incorporated in, and be administered ment Act of 1976 (43 U.S.C. 1701 et seq.); and ness designations; as part of, the applicable wild, scenic, or rec- (iii) any other applicable Federal law. (D) shall affect the interpretation of, or reational river. (2) NATIONAL LANDSCAPE CONSERVATION SYS- TEM.—The Monument shall be managed as a any designation made pursuant to, any other Subpart D—Land Management and component of the National Landscape Con- Act; or Conveyances servation System. (E) shall be construed as limiting, altering, SEC. 1251. GOBLIN VALLEY STATE PARK. modifying, or amending any of the interstate (e) MANAGEMENT PLAN.— (a) IN GENERAL.—The Secretary shall offer compacts or equitable apportionment de- (1) IN GENERAL.—Not later than 2 years to convey to the Utah Division of Parks and after the date of enactment of this Act, the crees that apportions water among and be- Recreation of the Utah Department of Nat- tween the State and other States. Secretary shall develop a comprehensive ural Resources (referred to in this section as management plan for the long-term protec- (2) STATE WATER LAW.—The Secretary shall the ‘‘State’’), approximately 6,261 acres of follow the procedural and substantive re- tion and management of the Monument. land identified on the Map as the ‘‘Proposed (2) COMPONENTS.—The management plan quirements of the State in order to obtain Goblin Valley State Park Expansion’’, with- and hold any water rights not in existence on developed under paragraph (1) shall— out consideration, for the management by (A) describe the appropriate uses and man- the date of enactment of this Act with re- the State as a State park, consistent with spect to the wilderness areas. agement of the Monument, consistent with uses allowed under the Act of June 14, 1926 the provisions of this section; and (j) MEMORANDUM OF UNDERSTANDING.—The (commonly known as the ‘‘Recreation and (B) allow for continued scientific research Secretary shall offer to enter into a memo- Public Purposes Act’’) (44 Stat. 741, chapter at the Monument during the development of randum of understanding with the County, in 578; 43 U.S.C. 869 et seq.). the management plan for the Monument, accordance with the Wilderness Act (16 (b) REVERSIONARY CLAUSE REQUIRED.—A subject to any terms and conditions that the U.S.C. 1131 et seq.), to clarify the approval conveyance under subsection (a) shall in- Secretary determines necessary to protect processes for the use of motorized equipment clude a reversionary clause to ensure that Monument resources. and mechanical transport for search and res- management of the land described in that (f) AUTHORIZED USES.—The Secretary shall cue activities in the Muddy Creek Wilderness subsection shall revert to the Secretary if only allow uses of the Monument that the established by section 1231(a)(13). the land is no longer being managed as a Secretary determines would further the pur- State park in accordance with subsection (a). poses for which the Monument has been es- SEC. 1233. FISH AND WILDLIFE MANAGEMENT. SEC. 1252. JURASSIC NATIONAL MONUMENT. tablished. Nothing in this subpart affects the juris- (a) ESTABLISHMENT PURPOSES.—To con- (g) INTERPRETATION, EDUCATION, AND SCI- diction of the State with respect to fish and serve, interpret, and enhance for the benefit ENTIFIC RESEARCH.— wildlife on public land located in the State. of present and future generations the paleon- (1) IN GENERAL.—The Secretary shall pro- tological, scientific, educational, and rec- vide for public interpretation of, and edu- SEC. 1234. RELEASE. reational resources of the area and subject to cation and scientific research on, the paleon- valid existing rights, there is established in (a) FINDING.—Congress finds that, for the tological resources of the Monument. purposes of section 603(c) of the Federal Land the State the Jurassic National Monument (2) COOPERATIVE AGREEMENTS.—The Sec- Policy and Management Act of 1976 (43 (referred to in this section as the ‘‘Monu- retary may enter into cooperative agree- U.S.C. 1782(c)), the approximately 17,420 ment’’), consisting of approximately 850 ments with appropriate public entities to acres of Federal land administered by the acres of public land administered by the Bu- carry out paragraph (1). Bureau of Land Management in the County (h) SPECIAL MANAGEMENT AREAS.— reau of Land Management in the County and generally depicted as ‘‘Proposed Jurassic (1) IN GENERAL.—The establishment of the that has not been designated as wilderness National Monument’’ on the Map. Monument shall not modify the management by section 1231(a) has been adequately stud- (b) MAP AND LEGAL DESCRIPTION.— status of any area within the boundary of ied for wilderness designation. (1) IN GENERAL.—Not later than 2 years the Monument that is managed as an area of (b) RELEASE.—The public land described in after the date of enactment of this Act, the critical environmental concern. subsection (a)— Secretary shall file with the Committee on (2) CONFLICT OF LAWS.—If there is a conflict (1) is no longer subject to section 603(c) of Energy and Natural Resources of the Senate between the laws applicable to an area de- the Federal Land Policy and Management and the Committee on Natural Resources of scribed in paragraph (1) and this section, the Act of 1976 (43 U.S.C. 1782(c)); and the House of Representatives a map and more restrictive provision shall control. (2) shall be managed in accordance with— legal description of the Monument. (i) MOTORIZED VEHICLES.—Except as needed (A) applicable law; and (2) EFFECT.—The map and legal description for administrative purposes or to respond to (B) any applicable land management plan filed under paragraph (1) shall have the same an emergency, the use of motorized vehicles adopted under section 202 of the Federal force and effect as if included in this section, in the Monument shall be allowed only on Land Policy and Management Act of 1976 (43 except that the Secretary may correct cler- roads and trails designated for use by motor- U.S.C. 1712). ical and typographical errors in the map and ized vehicles under the management plan for

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1223 the Monument developed under subsection for the Emery County Sheriff’s Office sub- (A) accept the offer; and (e). station consistent with uses allowed under (B) on receipt of all right, title, and inter- (j) WATER RIGHTS.—Nothing in this section the Act of June 14, 1926 (commonly known as est in and to the non-Federal land, convey to constitutes an express or implied reservation the ‘‘Recreation and Public Purposes Act’’) the State (or a designee) all right, title, and by the United States of any water or water (44 Stat. 741, chapter 578; 43 U.S.C. 869 et interest of the United States in and to the rights with respect to the Monument. seq.). Federal land. (k) GRAZING.—The grazing of livestock in (4) BUCKHORN INFORMATION CENTER.—The (2) CONVEYANCE OF PARCELS IN PHASES.— the Monument, if established before the date approximately 5-acre parcel as generally de- (A) IN GENERAL.—Notwithstanding that ap- of enactment of this Act, shall be allowed to picted on the Map, to Emery County, Utah, praisals for all of the parcels of Federal land continue, subject to such reasonable regula- for the Buckhorn Information Center con- and non-Federal land may not have been ap- tions, policies, and practices as the Sec- sistent with uses allowed under the Act of proved under subsection (c)(5), parcels of the retary considers to be necessary in accord- June 14, 1926 (commonly known as the Federal land and non-Federal land may be ance with— ‘‘Recreation and Public Purposes Act’’) (44 exchanged under paragraph (1) in phases, to (1) applicable law (including regulations); Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). be mutually agreed by the Secretary and the (2) the guidelines set forth in Appendix A (b) MAP AND LEGAL DESCRIPTION.— State, beginning on the date on which the of the report of the Committee on Interior (1) IN GENERAL.—As soon as practicable appraised values of the parcels included in and Insular Affairs of the House of Rep- after the date of enactment of this Act, the the applicable phase are approved. resentatives accompanying H.R. 2570 of the Secretary shall file a map and legal descrip- (B) NO AGREEMENT ON EXCHANGE.—If any 101st Congress (House Report 101–405); and tion of each parcel of land to be conveyed dispute or delay arises with respect to the (3) the purposes of the Monument. under subsection (a) with— exchange of an individual parcel of Federal (A) the Committee on Energy and Natural SEC. 1253. PUBLIC LAND DISPOSAL AND ACQUISI- land or non-Federal land under paragraph TION. Resources of the Senate; and (1), the Secretary and the State may mutu- (a) IN GENERAL.—In accordance with appli- (B) the Committee on Natural Resources of ally agree to set aside the individual parcel cable law, the Secretary may sell public land the House of Representatives. to allow the exchange of the other parcels of located in the County that has been identi- (2) EFFECT.—Each map and legal descrip- Federal land and non-Federal land to pro- fied as suitable for disposal based on specific tion filed under paragraph (1) shall have the ceed. criteria as listed in the Federal Land Policy same force and effect as if included in this (3) EXCLUSION.— and Management Act of 1976 (43 U.S.C. 1713) part, except that the Secretary may correct (A) IN GENERAL.—The Secretary shall ex- in the applicable resource management plan clerical or typographical errors in the map clude from any conveyance of a parcel of in existence on the date of enactment of this and legal description. Federal land under paragraph (1) any Federal Act. (3) PUBLIC AVAILABILITY.—Each map and land that contains critical habitat des- ignated for a species listed as an endangered (b) USE OF PROCEEDS.— legal description filed under paragraph (1) species or a threatened species under the En- (1) IN GENERAL.—Notwithstanding any shall be on file and available for public in- other provision of law (other than a law that spection in the Price Field Office of the Bu- dangered Species Act of 1973 (16 U.S.C. 1531 et seq.). specifically provides for a portion of the pro- reau of Land Management. (c) REVERSION.— (B) REQUIREMENT.—Any Federal land ex- ceeds of a land sale to be distributed to any (1) IN GENERAL.—If a parcel of land con- cluded under subparagraph (A) shall be the trust fund of the State), proceeds from the veyed under subsection (a) is used for a pur- smallest area necessary to protect the appli- sale of public land under subsection (a) shall pose other than the purpose described in that cable critical habitat. be deposited in a separate account in the subsection, the parcel of land shall, at the (4) APPLICABLE LAW.— Treasury, to be known as the ‘‘Emery Coun- discretion of the Secretary, revert to the (A) IN GENERAL.—The land exchange under ty, Utah, Land Acquisition Account’’ (re- United States. paragraph (1) shall be subject to section 206 ferred to in this section as the ‘‘Account’’). (2) RESPONSIBILITY FOR REMEDIATION.—In of the Federal Land Policy and Management (2) AVAILABILITY.— the case of a reversion under paragraph (1), if Act of 1976 (43 U.S.C. 1716) and other applica- (A) IN GENERAL.—Amounts in the Account the Secretary determines that the parcel of ble law. shall be available to the Secretary, without land is contaminated with hazardous waste, (B) LAND USE PLANNING.—With respect to further appropriation, to purchase from will- the local governmental entity to which the the Federal land to be conveyed under para- ing sellers land or interests in land within a parcel of land was conveyed under subsection graph (1), the Secretary shall not be required wilderness area or the Recreation Area. (a) shall be responsible for remediation. to undertake any additional land use plan- (B) APPLICABILITY.—Any purchase of land ning under section 202 of the Federal Land or interest in land under subparagraph (A) SEC. 1255. EXCHANGE OF BLM AND SCHOOL AND INSTITUTIONAL TRUST LANDS AD- Policy and Management Act of 1976 (43 shall be in accordance with applicable law. MINISTRATION LAND. U.S.C. 1712) before the conveyance of the (C) PROTECTION OF CULTURAL RESOURCES.— (a) DEFINITIONS.—In this section: Federal land. To the extent that there are amounts in the (1) EXCHANGE MAP.—The term ‘‘Exchange (5) VALID EXISTING RIGHTS.—The land ex- Account in excess of the amounts needed to Map’’ means the map prepared by the Bureau change under paragraph (1) shall be subject carry out subparagraph (A), the Secretary of Land Management entitled ‘‘Emery Coun- to valid existing rights. may use the excess amounts for the protec- ty Public Land Management Act—Proposed (6) TITLE APPROVAL.—Title to the Federal tion of cultural resources on Federal land Land Exchange’’ and dated December, 10, land and non-Federal land to be exchanged within the County. 2018. under paragraph (1) shall be in a form ac- SEC. 1254. PUBLIC PURPOSE CONVEYANCES. (2) FEDERAL LAND.—The term ‘‘Federal ceptable to the Secretary and the State. (a) IN GENERAL.—Notwithstanding the land land’’ means public land located in the State (c) APPRAISALS.— use planning requirement of sections 202 and of Utah that is identified on the Exchange (1) IN GENERAL.—The value of the Federal 203 of the Federal Land Policy and Manage- Map as— land and the non-Federal land to be ex- ment Act of 1976 (43 U.S.C. 1712, 1713), on re- (A) ‘‘BLM Surface and Mineral Lands Pro- changed under subsection (b)(1) shall be de- quest by the applicable local governmental posed for Transfer to SITLA’’; termined by appraisals conducted by 1 or entity, the Secretary shall convey without (B) ‘‘BLM Mineral Lands Proposed for more independent and qualified appraisers. consideration the following parcels of public Transfer to SITLA’’; and (2) STATE APPRAISER.—The Secretary and land to be used for public purposes: (C) ‘‘BLM Surface Lands Proposed for the State may agree to use an independent (1) EMERY CITY RECREATION AREA.—The ap- Transfer to SITLA’’. and qualified appraiser— proximately 640-acre parcel as generally de- (3) NON-FEDERAL LAND.—The term ‘‘non- (A) retained by the State; and picted on the Map, to the City of Emery, Federal land’’ means the land owned by the (B) approved by the Secretary. Utah, for the creation or enhancement of State in the Emery and Uintah Counties (3) APPLICABLE LAW.—The appraisals under public recreation opportunities consistent that is identified on the Exchange Map as— paragraph (1) shall be conducted in accord- with uses allowed under the Act of June 14, (A) ‘‘SITLA Surface and Mineral Land Pro- ance with nationally recognized appraisal 1926 (commonly known as the ‘‘Recreation posed for Transfer to BLM’’; standards, including, as appropriate— and Public Purposes Act’’) (44 Stat. 741, (B) ‘‘SITLA Mineral Lands Proposed for (A) the Uniform Appraisal Standards for chapter 578; 43 U.S.C. 869 et seq.). Transfer to BLM’’; and Federal Land Acquisitions; and (2) HUNTINGTON AIRPORT.—The approxi- (C) ‘‘SITLA Surface Lands Proposed for (B) the Uniform Standards of Professional mately 320-acre parcel as generally depicted Transfer to BLM’’. Appraisal Practice. on the Map, to Emery County, Utah, for ex- (4) STATE.—The term ‘‘State’’ means the (4) MINERALS.— pansion of Huntington Airport consistent State, acting through the School and Insti- (A) MINERAL REPORTS.—The appraisals with uses allowed under the Act of June 14, tutional Trust Lands Administration. under paragraph (1) may take into account 1926 (commonly known as the ‘‘Recreation (b) EXCHANGE OF FEDERAL LAND AND NON- mineral and technical reports provided by and Public Purposes Act’’) (44 Stat. 741, FEDERAL LAND.— the Secretary and the State in the evalua- chapter 578; 43 U.S.C. 869 et seq.). (1) IN GENERAL.—If the State offers to con- tion of mineral deposits in the Federal land (3) EMERY COUNTY SHERIFF’S OFFICE.—The vey to the United States title to the non- and non-Federal land. approximately 5-acre parcel as generally de- Federal land, the Secretary, in accordance (B) MINING CLAIMS.—To the extent permis- picted on the Map, to Emery County, Utah, with this section, shall— sible under applicable appraisal standards,

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1224 CONGRESSIONAL RECORD — SENATE February 12, 2019 the appraisal of any parcel of Federal land designated by this part, State trust land lo- ject to valid existing rights, the Federal land that is encumbered by a mining or millsite cated within any of the wilderness areas or to be conveyed to the State under subsection claim located under sections 2318 through national conservation areas in Washington (b)(1) is withdrawn from mineral location, 2352 of the Revised Statutes (commonly County, Utah, established under subtitle O of entry, and patent under the mining laws known as the ‘‘Mining Law of 1872’’) (30 title I of the Omnibus Public Land Manage- pending conveyance of the Federal land to U.S.C. 21 et seq.) shall be appraised in ac- ment Act of 2009 (Public Law 111–11; 123 Stat. the State. cordance with standard appraisal practices, 1075); and Subtitle D—Wild and Scenic Rivers including, as appropriate, the Uniform Ap- (ii) the State, to the extent necessary to praisal Standards for Federal Land Acquisi- equalize any remaining imbalance of value SEC. 1301. LOWER FARMINGTON RIVER AND SALMON BROOK WILD AND SCENIC tion. after all available Washington County, Utah, RIVER. (C) VALIDITY EXAMINATIONS.—Nothing in land described in clause (i) has been con- (a) FINDINGS.—Congress finds that— this subsection requires the United States to veyed to the Secretary, conveying to the (1) the Lower Farmington River and Salm- conduct a mineral examination for any min- Secretary additional State trust land as on Brook Study Act of 2005 (Public Law 109– ing claim on the Federal land. identified and agreed on by the Secretary 370) authorized the study of the Farmington (D) ADJUSTMENT.— and the State. River downstream from the segment des- (i) IN GENERAL.—If value is attributed to (B) SURPLUS OF NON-FEDERAL LAND.—If the ignated as a recreational river by section any parcel of Federal land because of the value of the non-Federal land exceeds the 3(a)(156) of the Wild and Scenic Rivers Act presence of minerals subject to leasing under value of the Federal land, the value of the (16 U.S.C. 1277(a)(156)) to its confluence with the Mineral Leasing Act (30 U.S.C. 181 et Federal land and the non-Federal land shall the Connecticut River, and the segment of seq.), the value of the parcel (as otherwise be equalized— the Salmon Brook including its main stem established under this subsection) shall be (i) by the Secretary making a cash equali- and east and west branches for potential in- reduced by the percentage of the applicable zation payment to the State, in accordance clusion in the National Wild and Scenic Riv- Federal revenue sharing obligation under with section 206(b) of the Federal Land Pol- ers System; section 35(a) of the Mineral Leasing Act (30 icy and Management Act of 1976 (43 U.S.C. U.S.C. 191(a)). (2) the studied segments of the Lower 1716(b)); or Farmington River and Salmon Brook sup- (ii) LIMITATION.—An adjustment under (ii) by removing non-Federal land from the clause (i) shall not be considered to be a port natural, cultural, and recreational re- exchange. sources of exceptional significance to the property right of the State. (g) INDIAN TRIBES.—The Secretary shall citizens of Connecticut and the Nation; (5) APPROVAL.—An appraisal conducted consult with any federally recognized Indian (3) concurrently with the preparation of under paragraph (1) shall be submitted to the Tribe in the vicinity of the Federal land and the study, the Lower Farmington River and Secretary and the State for approval. non-Federal land to be exchanged under sub- Salmon Brook Wild and Scenic Study Com- (6) DURATION.—An appraisal conducted section (b)(1) before the completion of the under paragraph (1) shall remain valid for 3 land exchange. mittee prepared the Lower Farmington years after the date on which the appraisal is (h) APPURTENANT WATER RIGHTS.—Any River and Salmon Brook Management Plan, approved by the Secretary and the State. conveyance of a parcel of Federal land or June 2011 (referred to in this section as the ‘‘management plan’’), that establishes objec- (7) COST OF APPRAISAL.— non-Federal land under subsection (b)(1) tives, standards, and action programs that (A) IN GENERAL.—The cost of an appraisal shall include the conveyance of water rights conducted under paragraph (1) shall be paid appurtenant to the parcel conveyed. will ensure the long-term protection of the equally by the Secretary and the State. (i) GRAZING PERMITS.— outstanding values of the river segments without Federal management of affected (B) REIMBURSEMENT BY SECRETARY.—If the (1) IN GENERAL.—If the Federal land or non- State retains an appraiser in accordance Federal land exchanged under subsection lands not owned by the United States; with paragraph (2), the Secretary shall reim- (b)(1) is subject to a lease, permit, or con- (4) the Lower Farmington River and Salm- burse the State in an amount equal to 50 per- tract for the grazing of domestic livestock in on Brook Wild and Scenic Study Committee cent of the costs incurred by the State. effect on the date of acquisition, the Sec- has voted in favor of Wild and Scenic River (d) CONVEYANCE OF TITLE.—It is the intent retary and the State shall allow the grazing designation for the river segments, and has of Congress that the land exchange author- to continue for the remainder of the term of included this recommendation as an integral ized under subsection (b)(1) shall be com- the lease, permit, or contract, subject to the part of the management plan; pleted not later than 1 year after the date of related terms and conditions of user agree- (5) there is strong local support for the pro- final approval by the Secretary and the ments, including permitted stocking rates, tection of the Lower Farmington River and State of the appraisals conducted under sub- grazing fee levels, access rights, and owner- Salmon Brook, including votes of support for section (c). ship and use of range improvements. Wild and Scenic designation from the gov- (e) PUBLIC INSPECTION AND NOTICE.— (2) RENEWAL.—To the extent allowed by erning bodies of all ten communities abut- (1) PUBLIC INSPECTION.—Not later than 30 Federal or State law, on expiration of any ting the study area; days before the date of any exchange of Fed- grazing lease, permit, or contract described (6) the State of Connecticut General As- eral land and non-Federal land under sub- in paragraph (1), the holder of the lease, per- sembly has endorsed the designation of the section (b)(1), all final appraisals and ap- mit, or contract shall be entitled to a pref- Lower Farmington River and Salmon Brook praisal reviews for the land to be exchanged erence right to renew the lease, permit, or as components of the National Wild and Sce- shall be available for public review at the of- contract. nic Rivers System (Public Act 08–37); and fice of the State Director of the Bureau of (3) CANCELLATION.— (7) the Rainbow Dam and Reservoir are lo- Land Management in the State of Utah. (A) IN GENERAL.—Nothing in this section cated entirely outside of the river segment (2) NOTICE.—The Secretary shall make prevents the Secretary or the State from designated by subsection (b), and, based on available on the public website of the Sec- canceling or modifying a grazing permit, the findings of the study of the Lower Farm- retary, and the Secretary or the State, as ap- lease, or contract if the Federal land or non- ington River pursuant to Public Law 109–370, plicable, shall publish in a newspaper of gen- Federal land subject to the permit, lease, or this hydroelectric project (including all as- eral circulation in Salt Lake County, Utah, contract is sold, conveyed, transferred, or pects of its facilities, operations, and trans- a notice that the appraisals conducted under leased for non-grazing purposes by the Sec- mission lines) is compatible with the des- subsection (c) are available for public inspec- retary or the State. ignation made by subsection (b). tion. (B) LIMITATION.—Except to the extent rea- (b) DESIGNATION.—Section 3(a) of the Wild (f) EQUAL VALUE EXCHANGE.— sonably necessary to accommodate surface and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (1) IN GENERAL.—The value of the Federal operations in support of mineral develop- amended by section 1241(a)) is amended by land and non-Federal land to be exchanged ment, the Secretary or the State shall not adding at the end the following: under subsection (b)(1)— cancel or modify a grazing permit, lease, or ‘‘(225) LOWER FARMINGTON RIVER AND SALM- (A) shall be equal; or contract because the land subject to the per- ON BROOK, CONNECTICUT.—Segments of the (B) shall be made equal in accordance with mit, lease, or contract has been leased for main stem and its tributary, Salmon Brook, paragraph (2). mineral development. totaling approximately 62 miles, to be ad- (2) EQUALIZATION.— (4) BASE PROPERTIES.—If non-Federal land ministered by the Secretary of the Interior (A) SURPLUS OF FEDERAL LAND.—With re- conveyed by the State under subsection as follows: spect to any Federal land and non-Federal (b)(1) is used by a grazing permittee or lessee ‘‘(A) The approximately 27.2-mile segment land to be exchanged under subsection (b)(1), to meet the base property requirements for a of the Farmington River beginning 0.2 miles if the value of the Federal land exceeds the Federal grazing permit or lease, the land below the tailrace of the Lower Collinsville value of the non-Federal land, the value of shall continue to qualify as a base property Dam and extending to the site of the the Federal land and non-Federal land shall for— Spoonville Dam in Bloomfield and East be equalized by— (A) the remaining term of the lease or per- Granby as a recreational river. (i) the State conveying to the Secretary, as mit; and ‘‘(B) The approximately 8.1-mile segment necessary to equalize the value of the Fed- (B) the term of any renewal or extension of of the Farmington River extending from 0.5 eral land and non-Federal land, after the ac- the lease or permit. miles below the Rainbow Dam to the con- quisition of all State trust land located with- (j) WITHDRAWAL OF FEDERAL LAND FROM fluence with the Connecticut River in Wind- in the wilderness areas or recreation area MINERAL ENTRY PRIOR TO EXCHANGE.—Sub- sor as a recreational river.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1225 ‘‘(C) The approximately 2.4-mile segment electric generation project under the Federal necticut, and Rhodes Point in Westerly, of the main stem of Salmon Brook extending Power Act (16 U.S.C. 791a et seq.), provided Rhode Island, as a recreational river. from the confluence of the East and West that the Commission may, in the discretion ‘‘(I) The approximately 11-mile segment of Branches to the confluence with the Farm- of the Commission and consistent with this the Queen River from its headwaters in Exe- ington River as a recreational river. section, establish such reasonable terms and ter and West Greenwich, Rhode Island, to the ‘‘(D) The approximately 12.6-mile segment conditions in a hydropower license for Rain- Kingstown Road Bridge in South Kingstown, of the West Branch of Salmon Brook extend- bow Dam as are necessary to reduce impacts Rhode Island, as a scenic river. ing from its headwaters in Hartland, Con- identified by the Secretary as invading or ‘‘(J) The approximately 5-mile segment of necticut, to its confluence with the East unreasonably diminishing the scenic, rec- the Usquepaugh River from the Kingstown Branch of Salmon Brook as a recreational reational, and fish and wildlife values of the Road Bridge to its confluence with the river. segments designated by subsection (b); or Pawcatuck River in South Kingstown, Rhode ‘‘(E) The approximately 11.4-mile segment (B) affect the operation of, or impose any Island, as a wild river. of the East Branch of Salmon Brook extend- flow or release requirements on, the unli- ‘‘(K) The approximately 8-mile segment of ing from the Massachusetts-Connecticut censed hydroelectric facility at Rainbow the Shunock River from its headwaters in State line to the confluence with the West Dam and Reservoir. North Stonington, Connecticut, to its con- Branch of Salmon Brook as a recreational (6) RELATION TO NATIONAL PARK SYSTEM.— fluence with the Pawcatuck River as a rec- river.’’. Notwithstanding section 10(c) of the Wild reational river. (c) MANAGEMENT.— and Scenic Rivers Act (16 U.S.C. 1281(c)), the ‘‘(L) The approximately 13-mile segment of (1) IN GENERAL.—The river segments des- Lower Farmington River shall not be admin- the Wood River from its headwaters in Ster- ignated by subsection (b) shall be managed istered as part of the National Park System ling and Voluntown, Connecticut, and Exeter in accordance with the management plan or be subject to regulations which govern the and West Greenwich, Rhode Island, to the and such amendments to the management National Park System. Arcadia Road Bridge in Hopkinton and Rich- plan as the Secretary determines are con- (d) FARMINGTON RIVER, CONNECTICUT, DES- mond, Rhode Island, as a wild river. sistent with this section. The management IGNATION REVISION.—Section 3(a)(156) of the ‘‘(M) The approximately 11-mile segment plan shall be deemed to satisfy the require- Wild and Scenic Rivers Act (16 U.S.C. of the Wood River from the Arcadia Road ments for a comprehensive management plan 1274(a)(156)) is amended in the first sen- Bridge in Hopkinton and Richmond, Rhode pursuant to section 3(d) of the Wild and Sce- tence— Island, to the confluence with the nic Rivers Act (16 U.S.C. 1274(d)). (1) by striking ‘‘14-mile’’ and inserting Pawcatuck River in Charlestown, (2) COMMITTEE.—The Secretary shall co- ‘‘15.1-mile’’; and Hopkinton, and Richmond, Rhode Island, as ordinate the management responsibilities of (2) by striking ‘‘to the downstream end of a recreational river.’’. the Secretary under this section with the the New Hartford-Canton, Connecticut town (b) MANAGEMENT OF RIVER SEGMENTS.— Lower Farmington River and Salmon Brook line’’ and inserting ‘‘to the confluence with (1) DEFINITIONS.—In this subsection: Wild and Scenic Committee, as specified in the Nepaug River’’. (A) COVERED TRIBUTARY.—The term ‘‘cov- the management plan. SEC. 1302. WOOD-PAWCATUCK WATERSHED WILD ered tributary’’ means— (3) COOPERATIVE AGREEMENTS.— AND SCENIC RIVER SEGMENTS. (i) each of Assekonk Brook, Breakheart (A) IN GENERAL.—In order to provide for (a) DESIGNATION.—Section 3(a) of the Wild Brook, Brushy Brook, Canochet Brook, the long-term protection, preservation, and and Scenic Rivers Act (16 U.S.C. 1274(a)) (as Chickasheen Brook, Cedar Swamp Brook, enhancement of the river segment des- amended by section 1301(b)) is amended by Fisherville Brook, Glade Brook, Glen Rock ignated by subsection (b), the Secretary is adding at the end the following: Brook, Kelly Brook, Locke Brook, Meadow authorized to enter into cooperative agree- ‘‘(226) WOOD-PAWCATUCK WATERSHED, RHODE Brook, Pendleton Brook, Parris Brook, ments pursuant to sections 10(e) and 11(b)(1) ISLAND AND CONNECTICUT.—The following Passquisett Brook, Phillips Brook, Poquiant of the Wild and Scenic Rivers Act (16 U.S.C. river segments within the Wood-Pawcatuck Brook, Queens Fort Brook, Roaring Brook, 1281(e), 1282(b)(1)) with— watershed, to be administered by the Sec- Sherman Brook, Taney Brook, Tomaquag (i) the State of Connecticut; retary of the Interior, in cooperation with Brook, White Brook, and Wyassup Brook (ii) the towns of Avon, Bloomfield, Bur- the Wood-Pawcatuck Wild and Scenic Rivers within the Wood-Pawcatuck watershed; and lington, East Granby, Farmington, Granby, Stewardship Council: (ii) any other perennial stream within the Hartland, Simsbury, and Windsor in Con- ‘‘(A) The approximately 11-mile segment of Wood-Pawcatuck watershed. necticut; and the Beaver River from its headwaters in Exe- (B) RIVER SEGMENT.—The term ‘‘river seg- (iii) appropriate local planning and envi- ter and West Greenwich, Rhode Island, to its ment’’ means a river segment designated by ronmental organizations. confluence with the Pawcatuck River in paragraph (226) of section 3(a) of the Wild (B) CONSISTENCY.—All cooperative agree- Richmond, Rhode Island, as a scenic river. and Scenic Rivers Act (16 U.S.C. 1274(a)) (as ments provided for under this section shall ‘‘(B) The approximately 3-mile segment of added by subsection (a)). be consistent with the management plan and the Chipuxet River from the Kingstown Road (C) STEWARDSHIP PLAN.—The term ‘‘Stew- may include provisions for financial or other Bridge, South Kingstown, Rhode Island, to ardship Plan’’ means the plan entitled the assistance from the United States. its outlet in Worden Pond, as a wild river. ‘‘Wood-Pawcatuck Wild and Scenic Rivers (4) LAND MANAGEMENT.— ‘‘(C) The approximately 9-mile segment of Stewardship Plan for the Beaver, Chipuxet, (A) ZONING ORDINANCES.—For the purposes the Green Fall River from its headwaters in Green Fall-Ashaway, Pawcatuck, Queen- of the segments designated in subsection (b), Voluntown, Connecticut, to its confluence Usquepaugh, Shunock, and Wood Rivers’’ the zoning ordinances adopted by the towns with the Ashaway River in Hopkinton, and dated June 2018, which takes a watershed in Avon, Bloomfield, Burlington, East Gran- Rhode Island, as a scenic river. approach to the management of the river by, Farmington, Granby, Hartland, ‘‘(D) The approximately 3-mile segment of segments. Simsbury, and Windsor in Connecticut, in- the Ashaway River from its confluence with (2) WOOD-PAWCATUCK WILD AND SCENIC RIV- cluding provisions for conservation of the Green Fall River to its confluence with ERS STEWARDSHIP PLAN.— floodplains, wetlands, and watercourses asso- the Pawcatuck River in Hopkinton, Rhode (A) IN GENERAL.—The Secretary, in co- ciated with the segments, shall be deemed to Island, as a recreational river. operation with the Wood-Pawcatuck Wild satisfy the standards and requirements of ‘‘(E) The approximately 3-mile segment of and Scenic Rivers Stewardship Council, shall section 6(c) of the Wild and Scenic Rivers the Pawcatuck River from the Worden Pond manage the river segments in accordance Act (16 U.S.C. 1277(c)). outlet in South Kingstown, Rhode Island, to with— (B) ACQUISITION OF LAND.—The provisions the South County Trail Bridge, Charlestown (i) the Stewardship Plan; and of section 6(c) of the Wild and Scenic Rivers and South Kingstown, Rhode Island, as a (ii) any amendment to the Stewardship Act (16 U.S.C. 1277(c)) that prohibit Federal wild river. Plan that the Secretary determines is con- acquisition of lands by condemnation shall ‘‘(F) The approximately 4-mile segment of sistent with this subsection. apply to the segments designated in sub- the Pawcatuck River from South County (B) WATERSHED APPROACH.—In furtherance section (b). The authority of the Secretary Trail Bridge, Charlestown and South of the watershed approach to resource pres- to acquire lands for the purposes of the seg- Kingstown, Rhode Island, to the Carolina ervation and enhancement described in the ments designated in subsection (b) shall be Back Road Bridge in Richmond and Charles- Stewardship Plan, the covered tributaries limited to acquisition by donation or acqui- town, Rhode Island, as a recreational river. are recognized as integral to the protection sition with the consent of the owner of the ‘‘(G) The approximately 21-mile segment of and enhancement of the river segments. lands, and shall be subject to the additional the Pawcatuck River from Carolina Back (C) REQUIREMENTS FOR COMPREHENSIVE criteria set forth in the management plan. Road Bridge in Richmond and Charlestown, MANAGEMENT PLAN.—The Stewardship Plan (5) RAINBOW DAM.—The designation made Rhode Island, to the confluence with shall be considered to satisfy each require- by subsection (b) shall not be construed to— Shunock River in Stonington, Connecticut, ment for a comprehensive management plan (A) prohibit, pre-empt, or abridge the po- as a scenic river. required under section 3(d) of the Wild and tential future licensing of the Rainbow Dam ‘‘(H) The approximately 8-mile segment of Scenic Rivers Act (16 U.S.C. 1274(d)). and Reservoir (including any and all aspects the Pawcatuck River from the confluence (3) COOPERATIVE AGREEMENTS.—To provide of its facilities, operations and transmission with Shunock River in Stonington, Con- for the long-term protection, preservation, lines) by the Federal Energy Regulatory necticut, to the mouth of the river between and enhancement of each river segment, in Commission as a federally licensed hydro- Pawcatuck Point in Stonington, Con- accordance with sections 10(e) and 11(b)(1) of

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1226 CONGRESSIONAL RECORD — SENATE February 12, 2019 the Wild and Scenic Rivers Act (16 U.S.C. fluence of the river with the Nashua River in U.S.C. 1274(a)) (as added by subsection (a)), 1281(e), 1282(b)(1)), the Secretary may enter Shirley/Ayer, Massachusetts, except as pro- does not— into cooperative agreements (which may in- vided in subparagraph (B). (i) impact or alter the existing terms of clude provisions for financial or other assist- ‘‘(iii) The approximately 9.5-mile segment permitting, licensing, or operation of— ance from the Federal Government) with— of the Nissitissit River from its headwaters (I) the Pepperell hydroelectric project (A) the States of Connecticut and Rhode in Brookline, New Hampshire, to the con- (FERC Project P–12721, Nashua River, Island; fluence of the river with the Nashua River in Pepperell, MA); (B) political subdivisions of the States of Pepperell, Massachusetts. (II) the Ice House hydroelectric project Connecticut and Rhode Island, including— ‘‘(B) EXCLUSION AREAS.—The designation of (FERC Project P–12769, Nashua River, Ayer, (i) the towns of North Stonington, Ster- the river segments in subparagraph (A) shall MA); or ling, Stonington, and Voluntown, Con- exclude— (III) the Hollingsworth and Vose Dam (non- necticut; and ‘‘(i) with respect to the Ice House hydro- FERC industrial facility, Squannacook (ii) the towns of Charlestown, Exeter, electric project (FERC P–12769), from 700 feet River, West Groton, MA) as further described Hopkinton, North Kingstown, Richmond, upstream from the crest of the dam to 500 in the management plan (Appendix A, South Kingstown, Westerly, and West feet downstream from the crest of the dam; ‘‘Working Dams’’); or Kingstown, Rhode Island; ‘‘(ii) with respect to the Pepperell hydro- (ii) preclude the Federal Energy Regu- (C) the Wood-Pawcatuck Wild and Scenic electric project (FERC P12721), from 9,240 latory Commission from licensing, reli- Rivers Stewardship Council; and feet upstream from the crest of the dam to censing, or otherwise authorizing the oper- (D) any appropriate nonprofit organiza- 1,000 feet downstream from the crest of the ation or continued operation of the Pepperell tion, as determined by the Secretary. dam; and and Ice House hydroelectric projects under (4) RELATION TO NATIONAL PARK SYSTEM.— ‘‘(iii) with respect to the Hollingsworth the terms of licenses or exemptions in effect Notwithstanding section 10(c) of the Wild and Vose dam (non-FERC), from 1,200 feet on the date of enactment of this Act; or and Scenic Rivers Act (16 U.S.C. 1281(c)), upstream from the crest of the dam to 2,665 (iii) limit actions taken to modernize, up- each river segment shall not be— feet downstream from the crest of the dam.’’. (A) administered as a unit of the National grade, or carry out other changes to such ANAGEMENT.— Park System; or (b) M projects authorized pursuant to clause (i), (B) subject to the laws (including regula- (1) PROCESS.— subject to written determination by the Sec- tions) that govern the administration of the (A) IN GENERAL.—The river segments des- retary that the changes are consistent with National Park System. ignated by paragraph (227) of section 3(a) of the purposes of the designation. the Wild and Scenic Rivers Act (16 U.S.C. (5) LAND MANAGEMENT.— (5) LAND MANAGEMENT.— 1274(a)) (as added by subsection (a)) shall be (A) ZONING ORDINANCES.—The zoning ordi- (A) ZONING ORDINANCES.—For the purpose nances adopted by the towns of North managed in accordance with— of the segments designated by paragraph Stonington, Sterling, Stonington, and (i) the Nashua, Squannacook, and (227) of section 3(a) of the Wild and Scenic Voluntown, Connecticut, and Charlestown, Nissitissit Rivers Stewardship Plan devel- Rivers Act (16 U.S.C. 1274(a)) (as added by Exeter, Hopkinton, North Kingstown, Rich- oped pursuant to the study described in sec- subsection (a)), the zoning ordinances adopt- mond, South Kingstown, Westerly, and West tion 5(b)(21) of the Wild and Scenic Rivers ed by the municipalities described in para- Greenwich, Rhode Island (including any pro- Act (16 U.S.C. 1276(b)(21)) (referred to in this graph (3)(A)(ii), including provisions for con- vision of the zoning ordinances relating to subsection as the ‘‘management plan’’), servation of floodplains, wetlands, and wa- the conservation of floodplains, wetlands, dated February 15, 2018; and tercourses associated with the segments, and watercourses associated with any river (ii) such amendments to the management shall be deemed to satisfy the standards and segment), shall be considered to satisfy the plan as the Secretary determines are con- requirements of section 6(c) of the Wild and standards and requirements described in sec- sistent with this section and as are approved Scenic Rivers Act (16 U.S.C. 1277(c)). tion 6(c) of the Wild and Scenic Rivers Act by the Nashua, Squannacook, and Nissitissit (B) ACQUISITIONS OF LANDS.—The authority (16 U.S.C. 1277(c)). Rivers Stewardship Council (referred to in of the Secretary to acquire land for the pur- (B) VILLAGES.—For purposes of section 6(c) this subsection as the ‘‘Stewardship Coun- poses of the segments designated by para- of the Wild and Scenic Rivers Act (16 U.S.C. cil’’). graph (227) of section 3(a) of the Wild and 1277(c)), each town described in subparagraph (B) COMPREHENSIVE MANAGEMENT PLAN.— Scenic Rivers Act (16 U.S.C. 1274(a)) (as (A) shall be considered to be a village. The management plan shall be considered to added by subsection (a)) shall be— (C) ACQUISITION OF LAND.— satisfy the requirements for a comprehensive (i) limited to acquisition by donation or (i) LIMITATION OF AUTHORITY OF SEC- management plan under section 3(d) of the acquisition with the consent of the owner of RETARY.—With respect to each river seg- Wild and Scenic Rivers Act (16 U.S.C. the land; and ment, the Secretary may only acquire par- 1274(d)). (ii) subject to the additional criteria set cels of land— (2) COMMITTEE.—The Secretary shall co- forth in the management plan. (I) by donation; or ordinate the management responsibilities of (C) NO CONDEMNATION.—No land or interest (II) with the consent of the owner of the the Secretary under this section with the in land within the boundary of the river seg- parcel of land. Stewardship Council, as specified in the ments designated by paragraph (227) of sec- (ii) PROHIBITION RELATING TO THE ACQUISI- management plan. tion 3(a) of the Wild and Scenic Rivers Act TION OF LAND BY CONDEMNATION.—In accord- (3) COOPERATIVE AGREEMENTS.— (16 U.S.C. 1274(a)) (as added by subsection (a)) ance with 6(c) of the Wild and Scenic Rivers (A) IN GENERAL.—In order to provide for may be acquired by condemnation. Act (16 U.S.C. 1277(c)), with respect to each the long-term protection, preservation, and (6) RELATION TO THE NATIONAL PARK SYS- river segment, the Secretary may not ac- enhancement of the river segments des- TEM.—Notwithstanding section 10(c) of the quire any parcel of land by condemnation. ignated by paragraph (227) of section 3(a) of Wild and Scenic Rivers Act(16 U.S.C. 1281(c)), SEC. 1303. NASHUA WILD AND SCENIC RIVERS, the Wild and Scenic Rivers Act (16 U.S.C. each segment of the Nashua, Squannacook, MASSACHUSETTS AND NEW HAMP- 1274(a)) (as added by subsection (a)), the Sec- and Nissitissit Rivers designated as a compo- SHIRE. retary may enter into cooperative agree- nent of the Wild and Scenic Rivers System (a) DESIGNATION OF WILD AND SCENIC RIVER ments pursuant to sections 10(e) and 11(b)(1) under this section shall not— SEGMENTS.—Section 3(a) of the Wild and Sce- of that Act (16 U.S.C. 1281(e), 1282(b)(1)) (A) be administered as a unit of the Na- nic Rivers Act (16 U.S.C. 1274(a)) (as amended with— tional Park System; or by section 1302(a)) is amended by adding at (i) the Commonwealth of Massachusetts (B) be subject to regulations that govern the end the following: and the State of New Hampshire; the National Park System. ‘‘(227) NASHUA, SQUANNACOOK, AND (ii) the municipalities of— NISSITISSIT WILD AND SCENIC RIVERS, MASSA- (I) Ayer, Bolton, Dunstable, Groton, Har- Subtitle E—California Desert Protection and CHUSETTS AND NEW HAMPSHIRE.— vard, Lancaster, Pepperell, Shirley, and Recreation ‘‘(A) The following segments in the Com- Townsend in Massachusetts; and SEC. 1401. DEFINITIONS. monwealth of Massachusetts and State of (II) Brookline and Hollis in New Hamp- New Hampshire, to be administered by the shire; and In this subtitle: Secretary of the Interior as a scenic river: (iii) appropriate local, regional, State, or (1) CONSERVATION AREA.—The term ‘‘Con- ‘‘(i) The approximately 27-mile segment of multistate, planning, environmental, or rec- servation Area’’ means the California Desert the mainstem of the Nashua River from the reational organizations. Conservation Area. confluence of the North and South Nashua (B) CONSISTENCY.—Each cooperative agree- (2) SECRETARY.—The term ‘‘Secretary’’ Rivers in Lancaster, Massachusetts, and ex- ment entered into under this paragraph shall means— tending north to the Massachusetts-New be consistent with the management plan and (A) the Secretary, with respect to land ad- Hampshire border, except as provided in sub- may include provisions for financial or other ministered by the Department of the Inte- paragraph (B). assistance from the United States. rior; or ‘‘(ii) The approximately 16.3-mile segment (4) EFFECT ON WORKING DAMS.— (B) the Secretary of Agriculture, with re- of the Squannacook River from its head- (A) IN GENERAL.—The designation of the spect to National Forest System land. waters in Ash Swamp, Townsend, Massachu- river segments by paragraph (227) of section (3) STATE.—The term ‘‘State’’ means the setts, extending downstream to the con- 3(a) of the Wild and Scenic Rivers Act (16 State of California.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1227 PART I—DESIGNATION OF WILDERNESS mately 9,350 acres, depicted as ‘‘Proposed erally depicted on the map entitled ‘‘San IN THE CALIFORNIA DESERT CON- Palo Verde Mountains Wilderness Additions’’ Gorgonio Wilderness Additions—Proposed’’ SERVATION AREA on the map entitled ‘‘Proposed Vinagre Wash and dated November 7, 2018. SEC. 1411. CALIFORNIA DESERT CONSERVATION Special Management Area and Proposed Wil- (3) FIRE MANAGEMENT AND RELATED ACTIVI- AND RECREATION. derness’’ and dated December 4, 2018, which TIES.— (a) DESIGNATION OF WILDERNESS AREAS TO shall be added to and administered as part of (A) IN GENERAL.—The Secretary may carry BE ADMINISTERED BY THE BUREAU OF LAND the ‘‘Palo Verde Mountains Wilderness’’. out such activities in the wilderness area MANAGEMENT.—Section 102 of the California (4) INDIAN PASS MOUNTAINS WILDERNESS.— designated by paragraph (1) as are necessary Desert Protection Act of 1994 (16 U.S.C. 1132 Certain land in the Conservation Area ad- for the control of fire, insects, and disease, in note; Public Law 103–433; 108 Stat. 4472) is ministered by the Director of the Bureau of accordance with section 4(d)(1) of the Wilder- amended by adding at the end the following: Land Management, comprising approxi- ness Act (16 U.S.C. 1133(d)(1)) and House Re- mately 10,860 acres, depicted as ‘‘Proposed ‘‘(70) AVAWATZ MOUNTAINS WILDERNESS.— port 98–40 of the 98th Congress. Certain land in the California Desert Con- Indian Pass Wilderness Additions’’ on the (B) FUNDING PRIORITIES.—Nothing in this servation Area administered by the Director map entitled ‘‘Proposed Vinagre Wash Spe- subsection limits the provision of any fund- of the Bureau of Land Management, com- cial Management Area and Proposed Wilder- ing for fire or fuel management in the wil- prising approximately 89,500 acres, as gen- ness’’ and dated December 4, 2018, which derness area designated by paragraph (1). shall be added to and administered as part of erally depicted on the map entitled ‘Pro- (C) REVISION AND DEVELOPMENT OF LOCAL the ‘‘Indian Pass Mountains Wilderness’’. posed Avawatz Mountains Wilderness’ and FIRE MANAGEMENT PLANS.—As soon as prac- (c) DESIGNATION OF WILDERNESS AREAS TO dated November 7, 2018, to be known as the ticable after the date of enactment of this BE ADMINISTERED BY THE NATIONAL PARK ‘Avawatz Mountains Wilderness’. Act, the Secretary shall amend the local fire SERVICE.—In furtherance of the purposes of ‘‘(71) GREAT FALLS BASIN WILDERNESS.—Cer- management plans that apply to the wilder- the Wilderness Act (16 U.S.C. 1131 et seq.) the ness area designated by paragraph (1). tain land in the California Desert Conserva- following land in Death Valley National tion Area administered by the Director of (D) ADMINISTRATION.—In accordance with Park is designated as wilderness and as a subparagraph (A) and other applicable Fed- the Bureau of Land Management, comprising component of the National Wilderness Pres- eral law, to ensure a timely and efficient re- approximately 7,810 acres, as generally de- ervation System, which shall be added to, sponse to fire emergencies in the wilderness picted on the map entitled ‘Proposed Great and administered as part of the Death Valley area designated by paragraph (1), the Sec- Falls Basin Wilderness’ and dated November National Park Wilderness established by sec- retary shall— 7, 2018, to be known as the ‘Great Falls Basin tion 601(a)(1) of the California Desert Protec- Wilderness’. tion Act of 1994 (16 U.S.C. 1132 note; Public (i) not later than 1 year after the date of ‘‘(72) SODA MOUNTAINS WILDERNESS.—Cer- Law 103–433; 108 Stat. 4496): enactment of this Act, establish agency ap- proval procedures (including appropriate del- tain land in the California Desert Conserva- (1) DEATH VALLEY NATIONAL PARK WILDER- egations of authority to the Forest Super- tion Area, administered by the Bureau of NESS ADDITIONS-NORTH EUREKA VALLEY.—Ap- Land Management, comprising approxi- proximately 11,496 acres, as generally de- visor, District Manager, or other agency offi- mately 80,090 acres, as generally depicted on picted on the map entitled ‘‘Death Valley cials) for responding to fire emergencies in the map entitled ‘Proposed Soda Mountains National Park Proposed Wilderness Area- the wilderness area designated by paragraph Wilderness’ and dated November 7, 2018, to be North Eureka Valley’’, numbered 143/ (1); and known as the ‘Soda Mountains Wilderness’. 100,082D, and dated November 1, 2018. (ii) enter into agreements with appropriate State or local firefighting agencies relating ‘‘(73) MILPITAS WASH WILDERNESS.—Certain (2) DEATH VALLEY NATIONAL PARK WILDER- to the wilderness area. land in the California Desert Conservation NESS ADDITIONS-IBEX.—Approximately 23,650 Area, administered by the Bureau of Land acres, as generally depicted on the map enti- (e) EFFECT ON UTILITY FACILITIES AND Management, comprising approximately tled ‘‘Death Valley National Park Proposed RIGHTS-OF-WAY.—Nothing in this section or 17,250 acres, depicted as ‘Proposed Milpitas Wilderness Area-Ibex’’, numbered 143/ an amendment made by this section affects Wash Wilderness’ on the map entitled ‘Pro- 100,081D, and dated November 1, 2018. or precludes the renewal or reauthorization posed Vinagre Wash Special Management (3) DEATH VALLEY NATIONAL PARK WILDER- of any valid existing right-of-way or cus- Area and Proposed Wilderness’ and dated De- NESS ADDITIONS-PANAMINT VALLEY.—Approxi- tomary operation, maintenance, repair, up- cember 4, 2018, to be known as the ‘Milpitas mately 4,807 acres, as generally depicted on grading, or replacement activities in a right- Wash Wilderness’. the map entitled ‘‘Death Valley National of-way acquired by or issued, granted, or per- ‘‘(74) BUZZARDS PEAK WILDERNESS.—Certain Park Proposed Wilderness Area-Panamint mitted to the Southern California Edison land in the California Desert Conservation Valley’’, numbered 143/100,083D, and dated Company or successors or assigns of the Area, administered by the Bureau of Land November 1, 2018. Southern California Edison Company. Management, comprising approximately (4) DEATH VALLEY NATIONAL PARK WILDER- (f) RELEASE OF WILDERNESS STUDY 11,840 acres, depicted as ‘Proposed Buzzards NESS ADDITIONS-WARM SPRINGS.—Approxi- AREAS.— Peak Wilderness’ on the map entitled ‘Pro- mately 10,485 acres, as generally depicted on (1) FINDING.—Congress finds that, for pur- posed Vinagre Wash Special Management the map entitled ‘‘Death Valley National poses of section 603 of the Federal Land Pol- Area and Proposed Wilderness’ and dated De- Park Proposed Wilderness Area-Warm icy and Management Act of 1976 (43 U.S.C. cember 4, 2018, to be known as the ‘Buzzards Spring Canyon/Galena Canyon’’, numbered 1782), any portion of a wilderness study area Peak Wilderness’.’’. 143/100,084D, and dated November 1, 2018. described in paragraph (2) that is not des- (b) ADDITIONS TO EXISTING WILDERNESS (5) DEATH VALLEY NATIONAL PARK WILDER- ignated as a wilderness area or a wilderness AREAS ADMINISTERED BY THE BUREAU OF NESS ADDITIONS-AXE HEAD.—Approximately addition by this subtitle (including an LAND MANAGEMENT.—In furtherance of the 8,638 acres, as generally depicted on the map amendment made by this subtitle) or any purposes of the Wilderness Act (16 U.S.C. 1131 entitled ‘‘Death Valley National Park Pro- other Act enacted before the date of enact- et seq.), the following land in the State is posed Wilderness Area-Axe Head’’, numbered ment of this Act has been adequately studied designated as wilderness and as components 143/100,085D, and dated November 1, 2018. for wilderness designation. of the National Wilderness Preservation Sys- (6) DEATH VALLEY NATIONAL PARK WILDER- (2) DESCRIPTION OF STUDY AREAS.—The tem: NESS ADDITIONS-BOWLING ALLEY.—Approxi- study areas referred to in subsection (a) (1) GOLDEN VALLEY WILDERNESS.—Certain mately 28,923 acres, as generally depicted on are— land in the Conservation Area administered the map entitled ‘‘Death Valley National (A) the Cady Mountains Wilderness Study by the Director of the Bureau of Land Man- Park Proposed Wilderness Area-Bowling Area; agement, comprising approximately 1,250 Alley’’, numbered 143/128,606A, and dated No- (B) the Soda Mountains Wilderness Study acres, as generally depicted on the map enti- vember 1, 2018. Area; tled ‘‘Proposed Golden Valley Wilderness Ad- (d) ADDITIONS TO EXISTING WILDERNESS (C) the Kingston Range Wilderness Study dition’’ and dated November 7, 2018, which AREA ADMINISTERED BY THE FOREST SERV- Area; shall be added to and administered as part of ICE.— (D) the Avawatz Mountain Wilderness the ‘‘Golden Valley Wilderness’’. (1) IN GENERAL.—In furtherance of the pur- Study Area; (2) KINGSTON RANGE WILDERNESS.—Certain poses of the Wilderness Act (16 U.S.C. 1131 et (E) the Death Valley 17 Wilderness Study land in the Conservation Area administered seq.), the land described in paragraph (2)— Area; and by the Director of the Bureau of Land Man- (A) is designated as wilderness and as a (F) the Great Falls Basin Wilderness Study agement, comprising approximately 52,410 component of the National Wilderness Pres- Area. acres, as generally depicted on the map enti- ervation System; and (3) RELEASE.—The following are no longer tled ‘‘Proposed Kingston Range Wilderness (B) shall be added to and administered as subject to section 603(c) of the Federal Land Additions’’ and dated November 7, 2018, part of the San Gorgonio Wilderness estab- Policy and Management Act of 1976 (43 which shall be added to and administered as lished by the Wilderness Act (16 U.S.C. 1131 U.S.C. 1782(c)): part of the ‘‘Kingston Range Wilderness’’. et seq.). (A) Any portion of a wilderness study area (3) PALO VERDE MOUNTAINS WILDERNESS.— (2) DESCRIPTION OF LAND.—The land re- described in paragraph (2) that is not des- Certain land in the Conservation Area ad- ferred to in paragraph (1) is certain land in ignated as a wilderness area or a wilderness ministered by the Director of the Bureau of the San Bernardino National Forest, com- addition by this subtitle (including an Land Management, comprising approxi- prising approximately 7,141 acres, as gen- amendment made by this subtitle) or any

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1228 CONGRESSIONAL RECORD — SENATE February 12, 2019 other Act enacted before the date of enact- ‘‘(iii) other applicable laws. ‘‘(A) route signage; ment of this Act. ‘‘(2) USES.—The Secretary shall allow only ‘‘(B) restoration of closed routes; (B) Any portion of a wilderness study area those uses that are consistent with the pur- ‘‘(C) protection of Management Area re- described in paragraph (2) that is not trans- poses of the Management Area, including sources; and ferred to the administrative jurisdiction of hiking, camping, hunting, and sightseeing ‘‘(D) recreation education. the National Park Service for inclusion in a and the use of motorized vehicles, mountain ‘‘(8) PROTECTION OF TRIBAL CULTURAL RE- unit of the National Park System by this bikes, and horses on designated routes in the SOURCES.—Not later than 2 years after the subtitle (including an amendment made by Management Area in a manner that— date of enactment of this section, the Sec- this subtitle) or any other Act enacted be- ‘‘(A) is consistent with the purpose of the retary, in accordance with chapter 2003 of fore the date of enactment of this Act. Management Area described in subsection title 54, United States Code, and any other PART II—DESIGNATION OF SPECIAL (c); applicable law, shall— MANAGEMENT AREA ‘‘(B) ensures public health and safety; and ‘‘(A) prepare and complete a Tribal cul- ‘‘(C) is consistent with all applicable laws tural resources survey of the Management SEC. 1421. VINAGRE WASH SPECIAL MANAGE- (including regulations), including the Desert MENT AREA. Area; and Renewable Energy Conservation Plan. Title I of the California Desert Protection ‘‘(B) consult with the Quechan Indian Na- ‘‘(3) OFF-HIGHWAY VEHICLE USE.— Act of 1994 (16 U.S.C. 1132 note; Public Law tion and other Indian Tribes demonstrating ‘‘(A) IN GENERAL.—Subject to subpara- ancestral, cultural, or other ties to the re- 103–433; 108 Stat. 4472) is amended by adding graphs (B) and (C) and all other applicable at the end the following: sources within the Management Area on the laws, the use of off-highway vehicles shall be development and implementation of the ‘‘SEC. 109. VINAGRE WASH SPECIAL MANAGE- permitted on routes in the Management Area MENT AREA. Tribal cultural resources survey under sub- as generally depicted on the map. paragraph (A). ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) CLOSURE.—The Secretary may close or ‘‘(9) MILITARY USE.—The Secretary may au- ‘‘(1) MANAGEMENT AREA.—The term ‘Man- permanently reroute a portion of a route de- agement Area’ means the Vinagre Wash Spe- thorize use of the non-wilderness portion of scribed in subparagraph (A)— the Management Area by the Secretary of cial Management Area established by sub- ‘‘(i) to prevent, or allow for restoration of, section (b). the Navy for Naval Special Warfare Tactical resource damage; Training, including long-range small unit ‘‘(2) MAP.—The term ‘map’ means the map ‘‘(ii) to protect Tribal cultural resources, entitled ‘Proposed Vinagre Wash Special training and navigation, vehicle conceal- including the resources identified in the ment, and vehicle sustainment training, con- Management Area and Proposed Wilderness’ Tribal cultural resources management plan and dated December 4, 2018. sistent with this section and other applicable developed under section 705(d); laws.’’. ‘‘(3) PUBLIC LAND.—The term ‘public land’ ‘‘(iii) to address public safety concerns; or has the meaning given the term ‘public ‘‘(iv) as otherwise required by law. PART III—NATIONAL PARK SYSTEM lands’ in section 103 of the Federal Land Pol- ‘‘(C) DESIGNATION OF ADDITIONAL ROUTES.— ADDITIONS icy and Management Act of 1976 (43 U.S.C. During the 3-year period beginning on the SEC. 1431. DEATH VALLEY NATIONAL PARK 1702). date of enactment of this section, the Sec- BOUNDARY REVISION. ‘‘(4) STATE.—The term ‘State’ means the retary— (a) IN GENERAL.—The boundary of Death State of California. ‘‘(i) shall accept petitions from the public Valley National Park is adjusted to in- ‘‘(b) ESTABLISHMENT.—There is established regarding additional routes for off-highway clude— the Vinagre Wash Special Management Area vehicles; and (1) the approximately 28,923 acres of Bu- in the State, to be managed by the Sec- ‘‘(ii) may designate additional routes that reau of Land Management land in San retary. the Secretary determines— Bernardino County, California, abutting the ‘‘(c) PURPOSE.—The purpose of the Manage- ‘‘(I) would provide significant or unique southern end of the Death Valley National ment Area is to conserve, protect, and en- recreational opportunities; and Park that lies between Death Valley Na- hance— ‘‘(II) are consistent with the purposes of tional Park to the north and Ft. Irwin Mili- ‘‘(1) the plant and wildlife values of the the Management Area. tary Reservation to the south and which Management Area; and ‘‘(4) WITHDRAWAL.—Subject to valid exist- runs approximately 34 miles from west to ‘‘(2) the outstanding and nationally signifi- ing rights, all Federal land within the Man- east, as depicted on the map entitled ‘‘Death cant ecological, geological, scenic, rec- agement Area is withdrawn from— Valley National Park Proposed Boundary reational, archaeological, cultural, historic, ‘‘(A) all forms of entry, appropriation, or Addition-Bowling Alley’’, numbered 143/ and other resources of the Management disposal under the public land laws; 128,605A, and dated November 1, 2018; and Area. ‘‘(B) location, entry, and patent under the (2) the approximately 6,369 acres of Bureau ‘‘(d) BOUNDARIES.—The Management Area mining laws; and of Land Management land in Inyo County, shall consist of the public land in Imperial ‘‘(C) right-of-way, leasing, or disposition California, located in the northeast area of County, California, comprising approxi- under all laws relating to— Death Valley National Park that is within, mately 81,880 acres, as generally depicted on ‘‘(i) minerals and mineral materials; or and surrounded by, land under the jurisdic- the map as ‘Proposed Special Management ‘‘(ii) solar, wind, and geothermal energy. tion of the Director of the National Park Area’. ‘‘(5) NO BUFFER ZONE.—The establishment Service, as depicted on the map entitled ‘‘(e) MAP; LEGAL DESCRIPTION.— of the Management Area shall not— ‘‘Death Valley National Park Proposed ‘‘(1) IN GENERAL.—As soon as practicable, ‘‘(A) create a protective perimeter or buff- but not later than 3 years, after the date of er zone around the Management Area; or Boundary Addition-Crater’’, numbered 143/ enactment of this section, the Secretary ‘‘(B) preclude uses or activities outside the 100,079D, and dated November 1, 2018. shall submit a map and legal description of Management Area that are permitted under (b) AVAILABILITY OF MAP.—The maps de- the Management Area to— other applicable laws, even if the uses or ac- scribed in paragraphs (1) and (2) of sub- ‘‘(A) the Committee on Natural Resources tivities are prohibited within the Manage- section (a) shall be on file and available for of the House of Representatives; and ment Area. public inspection in the appropriate offices ‘‘(B) the Committee on Energy and Natural ‘‘(6) NOTICE OF AVAILABLE ROUTES.—The of the National Park Service. Resources of the Senate. Secretary shall ensure that visitors to the (c) ADMINISTRATION.—The Secretary— ‘‘(2) EFFECT.—The map and legal descrip- Management Area have access to adequate (1) shall administer any land added to tion submitted under paragraph (1) shall notice relating to the availability of des- Death Valley National Park under sub- have the same force and effect as if included ignated routes in the Management Area section (a)— in this section, except that the Secretary through— (A) as part of Death Valley National Park; may correct any errors in the map and legal ‘‘(A) the placement of appropriate signage and description. along the designated routes; (B) in accordance with applicable laws (in- ‘‘(3) AVAILABILITY.—Copies of the map sub- ‘‘(B) the distribution of maps, safety edu- cluding regulations); and mitted under paragraph (1) shall be on file cation materials, and other information that (2) may enter into a memorandum of un- and available for public inspection in the ap- the Secretary determines to be appropriate; derstanding with Inyo County, California, to propriate offices of the Bureau of Land Man- and permit operationally feasible, ongoing access agement. ‘‘(C) restoration of areas that are not des- to and use (including material storage and ‘‘(f) MANAGEMENT.— ignated as open routes, including vertical excavation) of existing gravel pits along Sa- ‘‘(1) IN GENERAL.—The Secretary shall mulching. line Valley Road within Death Valley Na- manage the Management Area— ‘‘(7) STEWARDSHIP.—The Secretary, in con- tional Park for road maintenance and re- ‘‘(A) in a manner that conserves, protects, sultation with Indian Tribes and other inter- pairs in accordance with applicable laws (in- and enhances the purposes for which the ests, shall develop a program to provide op- cluding regulations). Management Area is established; and portunities for monitoring and stewardship (d) MORMON PEAK MICROWAVE FACILITY.— ‘‘(B) in accordance with— of the Management Area to minimize envi- Title VI of the California Desert Protection ‘‘(i) this section; ronmental impacts and prevent resource Act of 1994 (16 U.S.C. 1132 note; Public Law ‘‘(ii) the Federal Land Policy and Manage- damage from recreational use, including vol- 103–433; 108 Stat. 4496) is amended by adding ment Act of 1976 (43 U.S.C. 1701 et seq.); and unteer assistance with— at the end the following:

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1229 ‘‘SEC. 604. MORMON PEAK MICROWAVE FACILITY. Secretary adjacent to Southern California November 7, 2018, which shall be known as ‘‘The designation of the Death Valley Na- Edison Joshua Tree Utility Facilities. the ‘Rasor Off-Highway Vehicle Recreation tional Park Wilderness by section 601(a)(1) (3) PUBLICATION OF PLANS.—Not later than Area’. shall not preclude the operation and mainte- the date that is 1 year after the date of en- ‘‘(D) SPANGLER HILLS OFF-HIGHWAY VEHICLE nance of the Mormon Peak Microwave Facil- actment of this Act or the issuance of a new RECREATION AREA.—Certain Bureau of Land ity.’’. energy transport facility right-of-way within Management land in the Conservation Area, SEC. 1432. MOJAVE NATIONAL PRESERVE. the Joshua Tree National Park, whichever is comprising approximately 92,340 acres, as The boundary of the Mojave National Pre- earlier, the Secretary, in consultation with generally depicted on the map entitled ‘Pro- serve is adjusted to include the 25 acres of the Southern California Edison Company, posed Spangler Hills OHV Recreation Area’ Bureau of Land Management land in Baker, shall publish plans for regular and emer- and dated December 10, 2018, which shall be California, as depicted on the map entitled gency access by the Southern California Edi- known as the ‘Spangler Hills Off-Highway ‘‘Mojave National Preserve Proposed Bound- son Company to the rights-of-way of the Vehicle Recreation Area’. ary Addition’’, numbered 170/100,199A, and Southern California Edison Company within ‘‘(E) STODDARD VALLEY OFF-HIGHWAY VEHI- dated November 1, 2018. Joshua Tree National Park. CLE RECREATION AREA.—Certain Bureau of SEC. 1433. JOSHUA TREE NATIONAL PARK. (e) VISITOR CENTER.—Title IV of the Cali- Land Management land in the Conservation (a) BOUNDARY ADJUSTMENT.—The boundary fornia Desert Protection Act of 1994 (16 Area, comprising approximately 40,110 acres, of the Joshua Tree National Park is adjusted U.S.C. 410aaa–21 et seq.) is amended by add- as generally depicted on the map entitled to include— ing at the end the following: ‘Proposed Stoddard Valley OHV Recreation (1) the approximately 2,879 acres of land ‘‘SEC. 408. VISITOR CENTER. Area’ and dated November 7, 2018, which managed by the Bureau of Land Management ‘‘(a) IN GENERAL.—The Secretary may ac- shall be known as the ‘Stoddard Valley Off- that are depicted as ‘‘BLM Proposed Bound- quire not more than 5 acres of land and in- Highway Vehicle Recreation Area’. ary Addition’’ on the map entitled ‘‘Joshua terests in land, and improvements on the ‘‘(2) EXPANSION OF JOHNSON VALLEY OFF- Tree National Park Proposed Boundary Ad- land and interests, outside the boundaries of HIGHWAY VEHICLE RECREATION AREA.—The ditions’’, numbered 156/149,375, and dated No- the park, in the unincorporated village of Johnson Valley Off-Highway Vehicle Recre- vember 1, 2018; and Joshua Tree, for the purpose of operating a ation Area designated by section 2945 of the (2) the approximately 1,639 acres of land visitor center. Military Construction Authorization Act for that are depicted as ‘‘MDLT Proposed ‘‘(b) BOUNDARY.—The Secretary shall mod- Fiscal Year 2014 (division B of Public Law Boundary Addition’’ on the map entitled ify the boundary of the park to include the 113–66; 127 Stat. 1038) is expanded to include ‘‘Joshua Tree National Park Proposed land acquired under this section as a non- approximately 20,240 acres, depicted as ‘Pro- Boundary Additions’’, numbered 156/149,375, contiguous parcel. posed OHV Recreation Area Additions’ and and dated November 1, 2018. ‘‘(c) ADMINISTRATION.—Land and facilities ‘Proposed OHV Recreation Area Study (b) AVAILABILITY OF MAPS.—The map de- acquired under this section— Areas’ on the map entitled ‘Proposed John- scribed in subsection (a) and the map depict- ‘‘(1) may include the property owned (as of son Valley OHV Recreation Area’ and dated ing the 25 acres described in subsection (c)(2) the date of enactment of this section) by the November 7, 2018. shall be on file and available for public in- Joshua Tree National Park Association and ‘‘(b) PURPOSE.—The purpose of the off-high- spection in the appropriate offices of the Na- commonly referred to as the ‘Joshua Tree way vehicle recreation areas designated or tional Park Service. National Park Visitor Center’; expanded under subsection (a) is to preserve (c) ADMINISTRATION.— ‘‘(2) shall be administered by the Secretary and enhance the recreational opportunities (1) IN GENERAL.—The Secretary shall ad- as part of the park; and within the Conservation Area (including op- minister any land added to the Joshua Tree ‘‘(3) may be acquired only with the consent portunities for off-highway vehicle recre- National Park under subsection (a) and the of the owner, by donation, purchase with do- ation), while conserving the wildlife and additional land described in paragraph (2)— nated or appropriated funds, or exchange.’’. other natural resource values of the Con- servation Area. (A) as part of Joshua Tree National Park; PART IV—OFF-HIGHWAY VEHICLE and RECREATION AREAS ‘‘(c) MAPS AND DESCRIPTIONS.— (B) in accordance with applicable laws (in- ‘‘(1) PREPARATION AND SUBMISSION.—As SEC. 1441. OFF-HIGHWAY VEHICLE RECREATION soon as practicable after the date of enact- cluding regulations). AREAS. (2) DESCRIPTION OF ADDITIONAL LAND.—The ment of this title, the Secretary shall file a Public Law 103–433 is amended by inserting additional land referred to in paragraph (1) is map and legal description of each off-high- after title XII (16 U.S.C. 410bbb et seq.) the the 25 acres of land— way vehicle recreation area designated or ex- following: (A) depicted on the map entitled ‘‘Joshua panded by subsection (a) with— Tree National Park Boundary Adjustment ‘‘TITLE XIII—OFF-HIGHWAY VEHICLE ‘‘(A) the Committee on Natural Resources Map’’, numbered 156/80,049, and dated April 1, RECREATION AREAS of the House of Representatives; and 2003; ‘‘SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHI- ‘‘(B) the Committee on Energy and Natural (B) added to Joshua Tree National Park by CLE RECREATION AREAS. Resources of the Senate. the notice of the Department of the Interior ‘‘(a) IN GENERAL.— ‘‘(2) LEGAL EFFECT.—The map and legal de- of August 28, 2003 (68 Fed. Reg. 51799); and ‘‘(1) DESIGNATION.—In accordance with the scriptions of the off-highway vehicle recre- (C) more particularly described as lots 26, Federal Land Policy and Management Act of ation areas filed under paragraph (1) shall 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., 1976 (43 U.S.C. 1701 et seq.) and resource man- have the same force and effect as if included San Bernardino Meridian. agement plans developed under this title and in this title, except that the Secretary may (d) SOUTHERN CALIFORNIA EDISON COMPANY subject to valid rights, the following land correct errors in the map and legal descrip- ENERGY TRANSPORT FACILITIES AND RIGHTS- within the Conservation Area in San tions. OF-WAY.— Bernardino County, California, is designated ‘‘(3) PUBLIC AVAILABILITY.—Each map and (1) IN GENERAL.—Nothing in this section af- as Off-Highway Vehicle Recreation Areas: legal description filed under paragraph (1) fects any valid right-of-way for the cus- ‘‘(A) DUMONT DUNES OFF-HIGHWAY VEHICLE shall be filed and made available for public tomary operation, maintenance, upgrade, re- RECREATION AREA.—Certain Bureau of Land inspection in the appropriate offices of the pair, relocation within an existing right-of- Management land in the Conservation Area, Bureau of Land Management. way, replacement, or other authorized en- comprising approximately 7,620 acres, as gen- ‘‘(d) USE OF THE LAND.— ergy transport facility activities in a right- erally depicted on the map entitled ‘Pro- ‘‘(1) RECREATIONAL ACTIVITIES.— of-way issued, granted, or permitted to the posed Dumont Dunes OHV Recreation Area’ ‘‘(A) IN GENERAL.—The Secretary shall con- Southern California Edison Company or the and dated November 7, 2018, which shall be tinue to authorize, maintain, and enhance successors or assigns of the Southern Cali- known as the ‘Dumont Dunes Off-Highway the recreational uses of the off-highway ve- fornia Edison Company that is located on Vehicle Recreation Area’. hicle recreation areas designated or ex- land described in paragraphs (1) and (2) of ‘‘(B) EL MIRAGE OFF-HIGHWAY VEHICLE panded by subsection (a), as long as the rec- subsection (a), including, at a minimum, the RECREATION AREA.—Certain Bureau of Land reational use is consistent with this section use of mechanized vehicles, helicopters, or Management land in the Conservation Area, and any other applicable law. other aerial devices. comprising approximately 16,370 acres, as ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF-HIGH- (2) UPGRADES AND REPLACEMENTS.—Nothing generally depicted on the map entitled ‘Pro- WAY RECREATION.—To the extent consistent in this section prohibits the upgrading or re- posed El Mirage OHV Recreation Area’ and with applicable Federal law (including regu- placement of— dated December 10, 2018, which shall be lations) and this section, any authorized (A) Southern California Edison Company known as the ‘El Mirage Off-Highway Vehi- recreation activities and use designations in energy transport facilities, including the en- cle Recreation Area’. effect on the date of enactment of this title ergy transport facilities referred to as the ‘‘(C) RASOR OFF-HIGHWAY VEHICLE RECRE- and applicable to the off-highway vehicle Jellystone, Burnt Mountain, Whitehorn, ATION AREA.—Certain Bureau of Land Man- recreation areas designated or expanded by Allegra, and Utah distribution circuits agement land in the Conservation Area, com- subsection (a) shall continue, including cas- rights-of-way; or prising approximately 23,900 acres, as gen- ual off-highway vehicular use, racing, com- (B) an energy transport facility in rights- erally depicted on the map entitled ‘Pro- petitive events, rock crawling, training, and of-way issued, granted, or permitted by the posed Rasor OHV Recreation Area’ and dated other forms of off-highway recreation.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1230 CONGRESSIONAL RECORD — SENATE February 12, 2019

‘‘(2) WILDLIFE GUZZLERS.—Wildlife guzzlers right-of-way acquired by or issued, granted, right-of-way within the Spangler Hills Off- shall be allowed in the off-highway vehicle or permitted to Southern California Edison Highway Vehicle Recreation Area, whichever recreation areas designated or expanded by Company (including any successor in inter- is later, the Secretary, in consultation with subsection (a) in accordance with— est or assign) that is located on land in- the Pacific Gas and Electric Company, shall ‘‘(A) applicable Bureau of Land Manage- cluded in— publish plans for regular and emergency ac- ment guidelines; and ‘‘(i) the El Mirage Off-Highway Vehicle cess by the Pacific Gas and Electric Com- ‘‘(B) State law. Recreation Area; pany to the rights-of-way of the Pacific Gas ‘‘(3) PROHIBITED USES.— ‘‘(ii) the Spangler Hills Off-Highway Vehi- and Electric Company. ‘‘(A) IN GENERAL.—Except as provided in cle Recreation Area; ‘‘TITLE XIV—ALABAMA HILLS NATIONAL subparagraph (B), commercial development ‘‘(iii) the Stoddard Valley Off-Highway Ve- SCENIC AREA (including development of energy facilities, hicle Recreation Area; or but excluding energy transport facilities, ‘‘(iv) the Johnson Valley Off-Highway Ve- ‘‘SEC. 1401. DEFINITIONS. rights-of-way, and related telecommuni- hicle Recreation Area; ‘‘In this title: cation facilities) shall be prohibited in the ‘‘(B) affects the application, siting, route ‘‘(1) MANAGEMENT PLAN.—The term ‘man- off-highway vehicle recreation areas des- selection, right-of-way acquisition, or con- agement plan’ means the management plan ignated or expanded by subsection (a) if the struction of the Coolwater-Lugo trans- for the Scenic Area developed under section Secretary determines that the development mission project, as may be approved by the 1403(a). is incompatible with the purpose described California Public Utilities Commission and ‘‘(2) MAP.—The term ‘Map’ means the map in subsection (b). the Bureau of Land Management; or entitled ‘Proposed Alabama Hills National ‘‘(B) EXCEPTION.—The Secretary may issue ‘‘(C) prohibits the upgrading or replace- Scenic Area’ and dated November 7, 2018. a temporary permit to a commercial vendor ment of any Southern California Edison ‘‘(3) MOTORIZED VEHICLE.—The term ‘mo- to provide accessories and other support for Company— torized vehicle’ means a motorized or mecha- off-highway vehicle use in an off-highway ve- ‘‘(i) utility facility, including such a util- nized vehicle and includes, when used by a hicle recreation area designated or expanded ity facility known on the date of enactment utility, mechanized equipment, a helicopter, by subsection (a) for a limited period and of this title as— and any other aerial device necessary to consistent with the purposes of the off-high- ‘‘(I) ‘Gale-PS 512 transmission lines or maintain electrical or communications in- way vehicle recreation area and applicable rights-of-way’; frastructure. laws. ‘‘(II) ‘Patio, Jack Ranch, and Kenworth ‘‘(4) SCENIC AREA.—The term ‘Scenic Area’ ‘‘(e) ADMINISTRATION.— distribution circuits or rights-of-way’; or means the Alabama Hills National Scenic ‘‘(1) IN GENERAL.—The Secretary shall ad- ‘‘(III) ‘Bessemer and Peacor distribution Area established by section 1402(a). minister the off-highway vehicle recreation circuits or rights-of-way’; or ‘‘(5) STATE.—The term ‘State’ means the areas designated or expanded by subsection ‘‘(ii) energy transport facility in a right-of- State of California. (a) in accordance with— way issued, granted, or permitted by the ‘‘(6) TRIBE.—The term ‘Tribe’ means the ‘‘(A) this title; Secretary adjacent to a utility facility re- Lone Pine Paiute-Shoshone Tribe. ‘‘(B) the Federal Land Policy and Manage- ferred to in clause (i). ‘‘SEC. 1402. ALABAMA HILLS NATIONAL SCENIC ment Act of 1976 (43 U.S.C. 1701 et seq.); and ‘‘(2) PLANS FOR ACCESS.—The Secretary, in AREA, CALIFORNIA. ‘‘(C) any other applicable laws (including consultation with the Southern California ‘‘(a) ESTABLISHMENT.—Subject to valid ex- regulations). Edison Company, shall publish plans for reg- isting rights, there is established in Inyo ‘‘(2) MANAGEMENT PLAN.— ular and emergency access by the Southern County, California, the Alabama Hills Na- ‘‘(A) IN GENERAL.—As soon as practicable, California Edison Company to the rights-of- tional Scenic Area, to be comprised of the but not later than 3 years after the date of way of the Company by the date that is 1 approximately 18,610 acres generally de- enactment of this title, the Secretary shall— year after the later of— picted on the Map as ‘National Scenic Area’. ‘‘(i) amend existing resource management ‘‘(A) the date of enactment of this title; ‘‘(b) PURPOSE.—The purpose of the Scenic plans applicable to the off-highway vehicle and Area is to conserve, protect, and enhance for recreation areas designated or expanded by ‘‘(B) the date of issuance of a new energy the benefit, use, and enjoyment of present subsection (a); or transport facility right-of-way within— and future generations the nationally sig- ‘‘(ii) develop new management plans for ‘‘(i) the El Mirage Off-Highway Vehicle nificant scenic, cultural, geological, edu- each off-highway vehicle recreation area des- Recreation Area; cational, biological, historical, recreational, ignated or expanded under that subsection. ‘‘(ii) the Spangler Hills Off-Highway Vehi- cinematographic, and scientific resources of ‘‘(B) REQUIREMENTS.—All new or amended cle Recreation Area; the Scenic Area managed consistent with plans under subparagraph (A) shall be de- ‘‘(iii) the Stoddard Valley Off-Highway Ve- section 302(a) of the Federal Land Policy and signed to preserve and enhance safe off-high- hicle Recreation Area; or Management Act of 1976 (43 U.S.C. 1732(a)). way vehicle and other recreational opportu- ‘‘(iv) the Johnson Valley Off-Highway Ve- ‘‘(c) MAP; LEGAL DESCRIPTIONS.— nities within the applicable recreation area hicle Recreation Area. ‘‘(1) IN GENERAL.—As soon as practicable consistent with— ‘‘(h) PACIFIC GAS AND ELECTRIC COMPANY after the date of enactment of this title, the ‘‘(i) the purpose described in subsection (b); UTILITY FACILITIES AND RIGHTS-OF-WAY.— Secretary shall file a map and a legal de- and ‘‘(1) EFFECT OF TITLE.—Nothing in this scription of the Scenic Area with— ‘‘(ii) any applicable laws (including regula- title— ‘‘(A) the Committee on Energy and Natural tions). ‘‘(A) affects any validly issued right-of-way Resources of the Senate; and ‘‘(C) INTERIM PLANS.—Pending completion for the customary operation, maintenance, ‘‘(B) the Committee on Natural Resources of a new management plan under subpara- upgrade, repair, relocation within an exist- of the House of Representatives. graph (A), the existing resource management ing right-of-way, replacement, or other au- ‘‘(2) FORCE OF LAW.—The map and legal de- plans shall govern the use of the applicable thorized activity (including the use of any scriptions filed under paragraph (1) shall off-highway vehicle recreation area. mechanized vehicle, helicopter, and other have the same force and effect as if included ‘‘(f) WITHDRAWAL.—Subject to valid exist- aerial device) in a right-of-way acquired by in this title, except that the Secretary may ing rights, all Federal land within the off- or issued, granted, or permitted to Pacific correct any clerical and typographical errors highway vehicle recreation areas designated Gas and Electric Company (including any in the map and legal descriptions. or expanded by subsection (a) is withdrawn successor in interest or assign) that is lo- ‘‘(3) PUBLIC AVAILABILITY.—Each map and from— cated on land included in the Spangler Hills legal description filed under paragraph (1) ‘‘(1) all forms of entry, appropriation, or Off-Highway Vehicle Recreation Area; or shall be on file and available for public in- disposal under the public land laws; ‘‘(B) prohibits the upgrading or replace- spection in the appropriate offices of the ‘‘(2) location, entry, and patent under the ment of any— Forest Service and the Bureau of Land Man- mining laws; and ‘‘(i) utility facilities of the Pacific Gas and agement. ‘‘(3) right-of-way, leasing, or disposition Electric Company, including those utility fa- ‘‘(d) ADMINISTRATION.—The Secretary shall under all laws relating to mineral leasing, cilities known on the date of enactment of manage the Scenic Area— geothermal leasing, or mineral materials. this title as— ‘‘(1) as a component of the National Land- ‘‘(g) SOUTHERN CALIFORNIA EDISON COM- ‘‘(I) ‘Gas Transmission Line 311 or rights- scape Conservation System; PANY UTILITY FACILITIES AND RIGHTS-OF- of-way’; or ‘‘(2) so as not to impact the future con- WAY.— ‘‘(II) ‘Gas Transmission Line 372 or rights- tinuing operation and maintenance of any ‘‘(1) EFFECT OF TITLE.—Nothing in this of-way’; or activities associated with valid, existing title— ‘‘(ii) utility facilities of the Pacific Gas rights, including water rights; ‘‘(A) affects any validly issued right-of-way and Electric Company in rights-of-way ‘‘(3) in a manner that conserves, protects, for the customary operation, maintenance, issued, granted, or permitted by the Sec- and enhances the resources and values of the upgrade, repair, relocation within an exist- retary adjacent to a utility facility referred Scenic Area described in subsection (b); and ing right-of-way, replacement, or other au- to in clause (i). ‘‘(4) in accordance with— thorized energy transport facility activities ‘‘(2) PLANS FOR ACCESS.—Not later than 1 ‘‘(A) the Federal Land Policy and Manage- (including the use of any mechanized vehi- year after the date of enactment of this title ment Act of 1976 (43 U.S.C. 1701 et seq.); cle, helicopter, and other aerial device) in a or the issuance of a new utility facility ‘‘(B) this title; and

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1231

‘‘(C) any other applicable laws. ducting wildland fire operations in the Sce- ‘‘(1) IN GENERAL.—On completion of the ‘‘(e) MANAGEMENT.— nic Area, consistent with the purposes de- survey described in subsection (b), all right, ‘‘(1) IN GENERAL.—The Secretary shall scribed in subsection (b). title, and interest of the United States in allow only such uses of the Scenic Area as ‘‘(m) COOPERATIVE AGREEMENTS.—The Sec- and to the approximately 132 acres of Fed- the Secretary determines would further the retary may enter into cooperative agree- eral land depicted on the Map as ‘Lone Pine purposes of the Scenic Area as described in ments with, State, Tribal, and local govern- Paiute-Shoshone Reservation Addition’ shall subsection (b). mental entities and private entities to con- be held in trust for the benefit of the Tribe, ‘‘(2) RECREATIONAL ACTIVITIES.—Except as duct research, interpretation, or public edu- subject to paragraphs (2) and (3). otherwise provided in this title or other ap- cation or to carry out any other initiative ‘‘(2) CONDITIONS.—The land described in plicable law, or as the Secretary determines relating to the restoration, conservation, or paragraph (1) shall be subject to all ease- to be necessary for public health and safety, management of the Scenic Area. ments, covenants, conditions, restrictions, the Secretary shall allow existing rec- ‘‘(n) UTILITY FACILITIES AND RIGHTS-OF- withdrawals, and other matters of record in WAY.— reational uses of the Scenic Area to con- existence on the date of enactment of this ‘‘(1) EFFECT OF TITLE.—Nothing in this tinue, including hiking, mountain biking, title. title— rock climbing, sightseeing, horseback riding, ‘‘(3) EXCLUSION.—The Federal land over ‘‘(A) affects the existence, use, operation, hunting, fishing, and appropriate authorized which the right-of-way for the Los Angeles maintenance (including vegetation control), motorized vehicle use in accordance with Aqueduct is located, generally described as repair, construction, reconfiguration, expan- paragraph (3). the 250-foot-wide right-of-way granted to the sion, inspection, renewal, reconstruction, al- ‘‘(3) MOTORIZED VEHICLES.—Except as oth- City of Los Angeles pursuant to the Act of teration, addition, relocation, improvement, erwise specified in this title, or as necessary June 30, 1906 (34 Stat. 801, chapter 3926), shall funding, removal, or replacement of any util- for administrative purposes or to respond to ity facility or appurtenant right-of-way not be taken into trust for the Tribe. an emergency, the use of motorized vehicles ‘‘(b) SURVEY.—Not later than 180 days after within or adjacent to the Scenic Area; in the Scenic Area shall be permitted only the date of enactment of this title, the Sec- ‘‘(B) subject to subsection (e), affects nec- on— retary shall complete a survey of the bound- essary or efficient access to utility facilities ‘‘(A) roads and trails designated by the ary lines to establish the boundaries of the or rights-of-way within or adjacent to the Secretary for use of motorized vehicles as Scenic Area; and land to be held in trust under subsection part of a management plan sustaining a ‘‘(C) precludes the Secretary from author- (a)(1). semiprimitive motorized experience; or ‘‘(c) RESERVATION LAND.—The land held in izing the establishment of new utility facil- ‘‘(B) county-maintained roads in accord- trust pursuant to subsection (a)(1) shall be ity rights-of-way (including instream sites, ance with applicable State and county laws. routes, and areas) within the Scenic Area in considered to be a part of the reservation of ‘‘(f) NO BUFFER ZONES.— a manner that minimizes harm to the pur- the Tribe. ‘‘(1) IN GENERAL.—Nothing in this title cre- ‘‘(d) GAMING PROHIBITION.—Land held in pose of the Scenic Area as described in sub- ates a protective perimeter or buffer zone trust under subsection (a)(1) shall not be eli- section (b)— around the Scenic Area. gible, or considered to have been taken into ‘‘(i) in accordance with the National Envi- ‘‘(2) ACTIVITIES OUTSIDE SCENIC AREA.—The trust, for gaming (within the meaning of the ronmental Policy Act of 1969 (42 U.S.C. 4321 fact that an activity or use on land outside Indian Gaming Regulatory Act (25 U.S.C. et seq.) and any other applicable law; the Scenic Area can be seen or heard within 2701 et seq.)). ‘‘(ii) subject to such terms and conditions the Scenic Area shall not preclude the activ- as the Secretary determines to be appro- ‘‘SEC. 1405. TRANSFER OF ADMINISTRATIVE JU- ity or use outside the boundaries of the Sce- priate; and RISDICTION. nic Area. ‘‘(iii) that are determined by the Secretary ‘‘Administrative jurisdiction over the ap- ‘‘(g) ACCESS.—The Secretary shall provide to be the only technical or feasible location, proximately 56 acres of Federal land depicted private landowners adequate access to on the Map as ‘USFS Transfer to BLM’ is inholdings in the Scenic Area. following consideration of alternatives with- in existing rights-of-way or outside of the transferred from the Forest Service to the ‘‘(h) FILMING.—Nothing in this title pro- Bureau of Land Management. hibits filming (including commercial film Scenic Area. ‘‘(2) MANAGEMENT PLAN.—Consistent with ‘‘SEC. 1406. PROTECTION OF SERVICES AND REC- production, student filming, and still pho- REATIONAL OPPORTUNITIES. tography) within the Scenic Area— this title, the Management Plan shall estab- lish provisions for maintenance of public ‘‘(a) EFFECT OF TITLE.—Nothing in this ‘‘(1) subject to— title limits commercial services for existing ‘‘(A) such reasonable regulations, policies, utility and other rights-of-way within the Scenic Area. or historic recreation uses, as authorized by and practices as the Secretary considers to the permit process of the Bureau of Land ‘‘SEC. 1403. MANAGEMENT PLAN. be necessary; and Management. ‘‘(a) IN GENERAL.—Not later than 3 years ‘‘(B) applicable law; and UIDED RECREATIONAL OPPORTUNI- after the date of enactment of this title, in ‘‘(b) G ‘‘(2) in a manner consistent with the pur- TIES.—Commercial permits to exercise guid- poses described in subsection (b). accordance with subsections (b) and (c), the Secretary shall develop a comprehensive ed recreational opportunities for the public ‘‘(i) FISH AND WILDLIFE.—Nothing in this that are authorized as of the date of enact- title affects the jurisdiction or responsibil- plan for the long-term management of the Scenic Area. ment of this title may continue to be author- ities of the State with respect to fish and ized.’’. wildlife. ‘‘(b) CONSULTATION.—In developing the ‘‘(j) LIVESTOCK.—The grazing of livestock management plan, the Secretary shall con- PART V—MISCELLANEOUS in the Scenic Area, including grazing under sult with— SEC. 1451. TRANSFER OF LAND TO ANZA- the Alabama Hills allotment and the George ‘‘(1) appropriate State, Tribal, and local BORREGO DESERT STATE PARK. Creek allotment, as established before the governmental entities, including Inyo Coun- Title VII of the California Desert Protec- date of enactment of this title, shall be per- ty and the Tribe; tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) is mitted to continue— ‘‘(2) utilities, including Southern Cali- amended by adding at the end the following: ‘‘(1) subject to— fornia Edison Company and the Los Angeles ‘‘SEC. 712. TRANSFER OF LAND TO ANZA- ‘‘(A) such reasonable regulations, policies, Department of Water and Power; BORREGO DESERT STATE PARK. and practices as the Secretary considers to ‘‘(3) the Alabama Hills Stewardship Group; ‘‘(a) IN GENERAL.—On termination of all be necessary; and and mining claims to the land described in sub- ‘‘(B) applicable law; and ‘‘(4) members of the public. section (b), the Secretary shall transfer the ‘‘(c) REQUIREMENT.—In accordance with ‘‘(2) in a manner consistent with the pur- land described in that subsection to the this title, the management plan shall include poses described in subsection (b). State of California. provisions for maintenance of existing public ‘‘(k) WITHDRAWAL.—Subject to the provi- ‘‘(b) DESCRIPTION OF LAND.—The land re- sions of this title and valid rights in exist- utility and other rights-of-way within the ferred to in subsection (a) is certain Bureau Scenic Area. ence on the date of enactment of this title, of Land Management land in San Diego ‘‘(d) INCORPORATION.—In developing the County, California, comprising approxi- including rights established by prior with- management plan, in accordance with this drawals, the Federal land within the Scenic section, the Secretary may allow casual use mately 934 acres, as generally depicted on Area is withdrawn from all forms of— mining limited to the use of hand tools, the map entitled ‘Proposed Table Mountain ‘‘(1) entry, appropriation, or disposal under metal detectors, hand-fed dry washers, vacu- Wilderness Study Area Transfer to the State’ the public land laws; um cleaners, gold pans, small sluices, and and dated November 7, 2018. ‘‘(2) location, entry, and patent under the similar items. ‘‘(c) MANAGEMENT.— mining laws; and ‘‘(e) INTERIM MANAGEMENT.—Pending com- ‘‘(1) IN GENERAL.—The land transferred ‘‘(3) disposition under all laws pertaining pletion of the management plan, the Sec- under subsection (a) shall be managed in ac- to mineral and geothermal leasing or min- retary shall manage the Scenic Area in ac- cordance with the provisions of the Cali- eral materials. cordance with section 1402(b). fornia Wilderness Act (California Public Re- ‘‘(l) WILDLAND FIRE OPERATIONS.—Nothing ‘‘SEC. 1404. LAND TAKEN INTO TRUST FOR LONE sources Code sections 5093.30–5093.40). in this title prohibits the Secretary, in co- PINE PAIUTE-SHOSHONE RESERVA- ‘‘(2) WITHDRAWAL.—Subject to valid exist- operation with other Federal, State, and TION. ing rights, the land transferred under sub- local agencies, as appropriate, from con- ‘‘(a) TRUST LAND.— section (a) is withdrawn from—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1232 CONGRESSIONAL RECORD — SENATE February 12, 2019

‘‘(A) all forms of entry, appropriation, or ‘‘(2) CONSERVATION AREA.—The term ‘Con- Conservation Area established in any ease- disposal under the public land laws; servation Area’ means the California Desert ments, deed restrictions, memoranda of un- ‘‘(B) location, entry, and patent under the Conservation Area. derstanding, or other agreements in exist- mining laws; and ‘‘(3) CONSERVATION LAND.—The term ‘con- ence on the date of enactment of this sec- ‘‘(C) disposition under all laws relating to servation land’ means any land within the tion. mineral and geothermal leasing. Conservation Area that is designated to sat- ‘‘(e) DEED RESTRICTIONS.—Effective begin- ‘‘(3) REVERSION.—If the State ceases to isfy the conditions of a Federal habitat con- ning on the date of enactment of this sec- manage the land transferred under sub- servation plan, general conservation plan, or tion, within the Conservation Area, the Sec- section (a) as part of the State Park System State natural communities conservation retary may— or in a manner inconsistent with the Cali- plan, including— ‘‘(1) accept deed restrictions requested by fornia Wilderness Act (California Public Re- ‘‘(A) national conservation land estab- landowners for land donated to, or otherwise sources Code sections 5093.30–5093.40), the lished pursuant to section 2002(b)(2)(D) of the acquired by, the United States; and land shall revert to the Secretary at the dis- Omnibus Public Land Management Act of ‘‘(2) consistent with existing rights, create cretion of the Secretary, to be managed as a 2009 (16 U.S.C. 7202(b)(2)(D)); and deed restrictions, easements, or other third- Wilderness Study Area.’’. ‘‘(B) areas of critical environmental con- party rights relating to any public land de- SEC. 1452. WILDLIFE CORRIDORS. cern established pursuant to section 202(c)(3) termined by the Secretary to be necessary— Title VII of the California Desert Protec- of the Federal Land Policy and Management ‘‘(A) to fulfill the mitigation requirements tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) Act of 1976 (43 U.S.C. 1712(c)(3)). resulting from the development of renewable (as amended by section 1451) is amended by ‘‘(4) DONATED LAND.—The term ‘donated resources; or adding at the end the following: land’ means any private land donated to the ‘‘(B) to satisfy the conditions of— ‘‘SEC. 713. WILDLIFE CORRIDORS. United States for conservation purposes in ‘‘(i) a habitat conservation plan or general ‘‘(a) IN GENERAL.—The Secretary shall— the Conservation Area. conservation plan established pursuant to ‘‘(1) assess the impacts of habitat frag- ‘‘(5) DONOR.—The term ‘donor’ means an section 10 of the Endangered Species Act of mentation on wildlife in the California individual or entity that donates private 1973 (16 U.S.C. 1539); or Desert Conservation Area; and land within the Conservation Area to the ‘‘(ii) a natural communities conservation ‘‘(2) establish policies and procedures to United States. plan approved by the State.’’. ECRETARY ensure the preservation of wildlife corridors ‘‘(6) S .—The term ‘Secretary’ SEC. 1454. TRIBAL USES AND INTERESTS. and facilitate species migration. means the Secretary, acting through the Di- Section 705 of the California Desert Protec- ‘‘(b) STUDY.— rector of the Bureau of Land Management. tion Act is 1994 (16 U.S.C. 410aaa–75) is ‘‘(1) IN GENERAL.—As soon as practicable, ‘‘(7) STATE.—The term ‘State’ means the amended— but not later than 2 years, after the date of State of California. (1) by redesignating subsection (b) as sub- enactment of this section, the Secretary ‘‘(b) PROHIBITIONS.—Except as provided in section (c); shall complete a study regarding the impact subsection (c), the Secretary shall not au- (2) by striking subsection (a) and inserting of habitat fragmentation on wildlife in the thorize the use of acquired land, conserva- the following: California Desert Conservation Area. tion land, or donated land within the Con- ‘‘(a) ACCESS.—The Secretary shall ensure ‘‘(2) COMPONENTS.—The study under para- servation Area for any activities contrary to access to areas designated under this Act by graph (1) shall— the conservation purposes for which the land members of Indian Tribes for traditional cul- ‘‘(A) identify the species migrating, or was acquired, designated, or donated, includ- tural and religious purposes, consistent with likely to migrate in the California Desert ing— applicable law, including Public Law 95–341 Conservation Area; ‘‘(1) disposal; (commonly known as the ‘American Indian ‘‘(B) examine the impacts and potential ‘‘(2) rights-of-way; Religious Freedom Act’) (42 U.S.C. 1996). impacts of habitat fragmentation on— ‘‘(3) leases; ‘‘(b) TEMPORARY CLOSURE.— ‘‘(i) plants, insects, and animals; ‘‘(4) livestock grazing; ‘‘(1) IN GENERAL.—In accordance with appli- ‘‘(ii) soil; ‘‘(5) infrastructure development, except as cable law, including Public Law 95–341 (com- ‘‘(iii) air quality; provided in subsection (c); monly known as the ‘American Indian Reli- ‘‘(iv) water quality and quantity; and ‘‘(6) mineral entry; and gious Freedom Act’) (42 U.S.C. 1996), and sub- ‘‘(v) species migration and survival; ‘‘(7) off-highway vehicle use, except on— ject to paragraph (2), the Secretary, on re- ‘‘(C) identify critical wildlife and species ‘‘(A) designated routes; quest of an Indian Tribe or Indian religious migration corridors recommended for preser- ‘‘(B) off-highway vehicle areas designated community, shall temporarily close to gen- vation; and by law; and eral public use any portion of an area des- ‘‘(D) include recommendations for ensuring ‘‘(C) administratively designated open ignated as a national monument, special the biological connectivity of public land areas. management area, wild and scenic river, managed by the Secretary and the Secretary ‘‘(c) EXCEPTIONS.— area of critical environmental concern, or of Defense throughout the California Desert ‘‘(1) AUTHORIZATION BY SECRETARY.—Sub- National Park System unit under this Act Conservation Area. ject to paragraph (2), the Secretary may au- (referred to in this subsection as a ‘des- ‘‘(3) RIGHTS-OF-WAY.—The Secretary shall thorize limited exceptions to prohibited uses ignated area’) to protect the privacy of tradi- consider the information and recommenda- of acquired land or donated land in the Con- tional cultural and religious activities in the tions of the study under paragraph (1) to de- servation Area if— designated area by members of the Indian termine the individual and cumulative im- ‘‘(A) a right-of-way application for a re- Tribe or Indian religious community. pacts of rights-of-way for projects in the newable energy development project or asso- ‘‘(2) LIMITATION.—In closing a portion of a California Desert Conservation Area, in ac- ciated energy transport facility on acquired designated area under paragraph (1), the Sec- cordance with— land or donated land was submitted to the retary shall limit the closure to the smallest ‘‘(A) the National Environmental Policy Bureau of Land Management on or before practicable area for the minimum period Act of 1969 (42 U.S.C. 4321 et seq.); December 1, 2009; or necessary for the traditional cultural and re- ‘‘(B) the Endangered Species Act of 1973 (16 ‘‘(B) after the completion and consider- ligious activities.’’; and U.S.C. 1531 et seq.); and ation of an analysis under the National Envi- (3) by adding at the end the following: ‘‘(C) any other applicable law. ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(c) LAND MANAGEMENT PLANS.—The Sec- et seq.), the Secretary has determined that ‘‘(d) TRIBAL CULTURAL RESOURCES MANAGE- retary shall incorporate into all land man- proposed use is in the public interest. MENT PLAN.— agement plans applicable to the California ‘‘(2) CONDITIONS.— ‘‘(1) IN GENERAL.—Not later than 2 years Desert Conservation Area the findings and ‘‘(A) IN GENERAL.—If the Secretary grants after the date of enactment of the Natural recommendations of the study completed an exception to the prohibition under para- Resources Management Act, the Secretary under subsection (b).’’. graph (1), the Secretary shall require the shall develop and implement a Tribal cul- SEC. 1453. PROHIBITED USES OF ACQUIRED, DO- permittee to donate private land of com- tural resources management plan to iden- NATED, AND CONSERVATION LAND. parable value located within the Conserva- tify, protect, and conserve cultural resources Title VII of the California Desert Protec- tion Area to the United States to mitigate of Indian Tribes associated with the Xam tion Act is 1994 (16 U.S.C. 410aaa–71 et seq.) the use. Kwatchan Trail network extending from (as amended by section 1452) is amended by ‘‘(B) APPROVAL.—The private land to be do- Avikwaame (Spirit Mountain, Nevada) to adding at the end the following: nated under subparagraph (A) shall be ap- Avikwlal (Pilot Knob, California). ‘‘SEC. 714. PROHIBITED USES OF ACQUIRED, DO- proved by the Secretary after— ‘‘(2) CONSULTATION.—The Secretary shall NATED, AND CONSERVATION LAND. ‘‘(i) consultation, to the maximum extent consult on the development and implementa- ‘‘(a) DEFINITIONS.—In this section: practicable, with the donor of the private tion of the Tribal cultural resources manage- ‘‘(1) ACQUIRED LAND.—The term ‘acquired land proposed for nonconservation uses; and ment plan under paragraph (1) with— land’ means any land acquired within the ‘‘(ii) an opportunity for public comment re- ‘‘(A) each of— Conservation Area using amounts from the garding the donation. ‘‘(i) the Chemehuevi Indian Tribe; land and water conservation fund established ‘‘(d) EXISTING AGREEMENTS.—Nothing in ‘‘(ii) the Hualapai Tribal Nation; under section 200302 of title 54, United States this section affects permitted or prohibited ‘‘(iii) the Fort Mojave Indian Tribe; Code. uses of donated land or acquired land in the ‘‘(iv) the Colorado River Indian Tribes;

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1233 ‘‘(v) the Quechan Indian Tribe; and (i) by striking ‘‘Upon request of the Cali- ‘‘(vi) The 11-mile segment of Holcomb ‘‘(vi) the Cocopah Indian Tribe; fornia State Lands Commission (hereinafter Creek from 100 yards downstream of the ‘‘(B) the Advisory Council on Historic in this section referred to as the ‘Commis- Road 3N12 crossing to .25 miles downstream Preservation; and sion’), the Secretary shall enter into nego- of Holcomb Crossing, as a recreational river. ‘‘(C) the State Historic Preservation Of- tiations for an agreement’’ and inserting the ‘‘(vii) The 3.5-mile segment of the Holcomb fices of Nevada, Arizona, and California. following: Creek from 0.25 miles downstream of Hol- ‘‘(3) RESOURCE PROTECTION.—The Tribal ‘‘(1) IN GENERAL.—The Secretary shall ne- comb Crossing to the Deep Creek confluence, cultural resources management plan devel- gotiate in good faith to reach an agreement as a wild river. oped under paragraph (1) shall— with the California State Lands Commission ‘‘(B) EFFECT ON SKI OPERATIONS.—Nothing ‘‘(A) be based on a completed Tribal cul- (referred to in this section as the ‘Commis- in this paragraph affects— tural resources survey; and sion’)’’; and ‘‘(i) the operations of the Snow Valley Ski ‘‘(B) include procedures for identifying, (ii) by inserting ‘‘, national monuments, Resort; or protecting, and preserving petroglyphs, an- off-highway vehicle recreation areas,’’ after ‘‘(ii) the State regulation of water rights cient trails, intaglios, sleeping circles, arti- ‘‘more of the wilderness areas’’; and and water quality associated with the oper- facts, and other resources of cultural, ar- (B) in the second sentence, by striking ation of the Snow Valley Ski Resort. chaeological, or historical significance in ac- ‘‘The Secretary shall negotiate in good faith ‘‘(230) WHITEWATER RIVER, CALIFORNIA.— cordance with all applicable laws and poli- to’’ and inserting the following: The following segments of the Whitewater cies, including— ‘‘(2) AGREEMENT.—To the maximum extent River in the State of California, to be admin- ‘‘(i) chapter 2003 of title 54, United States practicable, not later than 10 years after the istered by the Secretary of Agriculture and Code; date of enactment of this title, the Secretary the Secretary of the Interior, acting jointly: ‘‘(ii) Public Law 95–341 (commonly known shall’’; and ‘‘(A) The 5.8-mile segment of the North as the ‘American Indian Religious Freedom (2) in subsection (b)(1), by inserting ‘‘, na- Fork Whitewater River from the source of Act’) (42 U.S.C. 1996); tional monuments, off-highway vehicle the River near Mt. San Gorgonio to the con- ‘‘(iii) the Archaeological Resources Protec- recreation areas,’’ after ‘‘wilderness areas’’. fluence with the Middle Fork, as a wild river. tion Act of 1979 (16 U.S.C. 470aa et seq.); SEC. 1457. DESIGNATION OF WILD AND SCENIC ‘‘(B) The 6.4-mile segment of the Middle ‘‘(iv) the Native American Graves Protec- RIVERS. Fork Whitewater River from the source of tion and Repatriation Act (25 U.S.C. 3001 et (a) AMARGOSA RIVER, CALIFORNIA.—Section the River to the confluence with the South seq.); and 3(a)(196)(A) of the Wild and Scenic Rivers Act Fork, as a wild river. ‘‘(v) Public Law 103–141 (commonly known (16 U.S.C. 1274(a)(196)(A)) is amended to read ‘‘(C) The 1-mile segment of the South Fork as follows: as the ‘Religious Freedom Restoration Act of Whitewater River from the confluence of the ‘‘(A) The approximately 7.5-mile segment 1993’) (42 U.S.C. 2000bb et seq.). River with the East Fork to the section line of the Amargosa River in the State of Cali- ‘‘(e) WITHDRAWAL.—Subject to valid exist- between sections 32 and 33, T. 1 S., R. 2 E., fornia, the private property boundary in sec. ing rights, all Federal land within the area San Bernardino Meridian, as a wild river. 19, T. 22 N., R. 7 E., to 100 feet upstream of administratively withdrawn and known as ‘‘(D) The 1-mile segment of the South Fork the Tecopa Hot Springs Road crossing, to be the ‘Indian Pass Withdrawal Area’ is perma- Whitewater River from the section line be- administered by the Secretary of the Inte- nently withdrawn from— tween sections 32 and 33, T. 1 S., R. 2 E., San rior as a scenic river.’’. ‘‘(1) all forms of entry, appropriation, or (b) ADDITIONAL SEGMENTS.—Section 3(a) of Bernardino Meridian, to the section line be- disposal under the public land laws; the Wild and Scenic Rivers Act (16 U.S.C. tween sections 33 and 34, T. 1 S., R. 2 E., San ‘‘(2) location, entry, and patent under the 1274(a)) (as amended by section 1303(a)) is Bernardino Meridian, as a recreational river. mining laws; and amended by adding at the end the following: ‘‘(E) The 4.9-mile segment of the South ‘‘(3) right-of-way leasing and disposition ‘‘(228) SURPRISE CANYON CREEK, CALI- Fork Whitewater River from the section line under all laws relating to minerals or solar, FORNIA.— between sections 33 and 34, T. 1 S., R. 2 E., wind, or geothermal energy.’’. ‘‘(A) IN GENERAL.—The following segments San Bernardino Meridian, to the confluence SEC. 1455. RELEASE OF FEDERAL REVERSIONARY of Surprise Canyon Creek in the State of with the Middle Fork, as a wild river. LAND INTERESTS. California, to be administered by the Sec- ‘‘(F) The 5.4-mile segment of the main (a) DEFINITIONS.—In this section: retary of the Interior: stem of the Whitewater River from the con- (1) 1932 ACT.—The term ‘‘1932 Act’’ means ‘‘(i) The approximately 5.3 miles of Sur- fluence of the South and Middle Forks to the the Act of June 18, 1932 (47 Stat. 324, chapter prise Canyon Creek from the confluence of San Gorgonio Wilderness boundary, as a wild 270). Frenchman’s Canyon and Water Canyon to river. (2) DISTRICT.—The term ‘‘District’’ means 100 feet upstream of Chris Wicht Camp, as a ‘‘(G) The 3.6-mile segment of the main the Metropolitan Water District of Southern wild river. stem of the Whitewater River from the San California. ‘‘(ii) The approximately 1.8 miles of Sur- Gorgonio Wilderness boundary to .25 miles (b) RELEASE.—Subject to valid existing prise Canyon Creek from 100 feet upstream of upstream of the southern boundary of sec- claims perfected prior to the effective date of Chris Wicht Camp to the southern boundary tion 35, T. 2 S., R. 3 E., San Bernardino Me- the 1932 Act and the reservation of minerals of sec. 14, T. 21 S., R. 44 E., as a recreational ridian, as a recreational river.’’. set forth in the 1932 Act, the Secretary shall river. SEC. 1458. CONFORMING AMENDMENTS. release, convey, or otherwise quitclaim to ‘‘(B) EFFECT ON HISTORIC MINING STRUC- (a) SHORT TITLE.—Section 1 of the Cali- the District, in a form recordable in local TURES.—Nothing in this paragraph affects fornia Desert Protection Act of 1994 (16 county records, and subject to the approval the historic mining structures associated U.S.C. 410aaa note; Public Law 103–433) is of the District, after consultation and with- with the former Panamint Mining District. amended by striking ‘‘1 and 2, and titles I out monetary consideration, all right, title, ‘‘(229) DEEP CREEK, CALIFORNIA.— through IX’’ and inserting ‘‘1, 2, and 3, titles and remaining interest of the United States ‘‘(A) IN GENERAL.—The following segments I through IX, and titles XIII and XIV’’. in and to the land that was conveyed to the of Deep Creek in the State of California, to District pursuant to the 1932 Act or any (b) DEFINITIONS.—The California Desert be administered by the Secretary of Agri- Protection Act of 1994 (Public Law 103–433; other law authorizing conveyance subject to culture: restrictions or reversionary interests re- 108 Stat. 4471) is amended by inserting after ‘‘(i) The approximately 6.5-mile segment section 2 the following: tained by the United States, on request by from 0.125 mile downstream of the Rainbow the District. Dam site in sec. 33, T. 2 N., R. 2 W., San ‘‘SEC. 3. DEFINITIONS. (c) TERMS AND CONDITIONS.—A conveyance Bernardino Meridian, to 0.25 miles upstream ‘‘(a) TITLES I THROUGH IX.—In titles I authorized by subsection (b) shall be subject of the Road 3N34 crossing, as a wild river. through IX, the term ‘this Act’ means only— to the following terms and conditions: ‘‘(ii) The 0.5-mile segment from 0.25 mile ‘‘(1) sections 1 and 2; and (1) The District shall cover, or reimburse upstream of the Road 3N34 crossing to 0.25 ‘‘(2) titles I through IX. the Secretary for, the costs incurred by the mile downstream of the Road 3N34 crossing, ‘‘(b) TITLES XIII AND XIV.—In titles XIII Secretary to make the conveyance, includ- as a scenic river. and XIV: ing title searches, surveys, deed preparation, ‘‘(iii) The 2.5-mile segment from 0.25 miles ‘‘(1) CONSERVATION AREA.—The term ‘Con- attorneys’ fees, and similar expenses. downstream of the Road 3 N. 34 crossing to servation Area’ means the California Desert (2) By accepting the conveyances, the Dis- 0.25 miles upstream of the Trail 2W01 cross- Conservation Area. trict agrees to indemnify and hold harmless ing, as a wild river. ‘‘(2) SECRETARY.—The term ‘Secretary’ the United States with regard to any bound- ‘‘(iv) The 0.5-mile segment from 0.25 miles means— ary dispute relating to any parcel conveyed upstream of the Trail 2W01 crossing to 0.25 ‘‘(A) with respect to land under the juris- under this section. mile downstream of the Trail 2W01 crossing, diction of the Secretary of the Interior, the SEC. 1456. CALIFORNIA STATE SCHOOL LAND. as a scenic river. Secretary of the Interior; and Section 707 of the California Desert Protec- ‘‘(v) The 10-mile segment from 0.25 miles ‘‘(B) with respect to land under the juris- tion Act of 1994 (16 U.S.C. 410aaa–77) is downstream of the Trail 2W01 crossing to the diction of the Secretary of Agriculture, the amended— upper limit of the Mojave dam flood zone in Secretary of Agriculture. (1) in subsection (a)— sec. 17, T. 3 N., R. 3 W., San Bernardino Me- ‘‘(3) STATE.—The term ‘State’ means the (A) in the first sentence— ridian, as a wild river. State of California.’’.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1234 CONGRESSIONAL RECORD — SENATE February 12, 2019

SEC. 1459. JUNIPER FLATS. (b) SPECIAL RESOURCE STUDY.— SEC. 2003. SPECIAL RESOURCE STUDY OF PRESI- The California Desert Protection Act of (1) STUDY.—The Secretary shall conduct a DENT STREET STATION. 1994 is amended by striking section 711 (16 special resource study of the study area. (a) DEFINITION OF STUDY AREA.—In this U.S.C. 410aaa–81) and inserting the following: (2) CONTENTS.—In conducting the study section, the term ‘‘study area’’ means the ‘‘SEC. 711. JUNIPER FLATS. under paragraph (1), the Secretary shall— President Street Station, a railroad terminal ‘‘Development of renewable energy genera- (A) evaluate the national significance of in Baltimore, Maryland, the history of which tion facilities (excluding rights-of-way or fa- the study area; is tied to the growth of the railroad industry in the 19th century, the Civil War, the Un- cilities for the transmission of energy and (B) determine the suitability and feasi- derground Railroad, and the immigrant in- telecommunication facilities and infrastruc- bility of designating the study area as a unit flux of the early 20th century. ture) is prohibited on the approximately of the National Park System; (b) SPECIAL RESOURCE STUDY.— 27,990 acres of Federal land generally de- (C) consider other alternatives for preser- (1) STUDY.—The Secretary shall conduct a vation, protection, and interpretation of the picted as ‘BLM Land Unavailable for Energy special resource study of the study area. study area by the Federal Government, Development’ on the map entitled ‘Juniper (2) CONTENTS.—In conducting the study State or local government entities, or pri- Flats’ and dated November 7, 2018.’’. under paragraph (1), the Secretary shall— vate and nonprofit organizations; SEC. 1460. CONFORMING AMENDMENTS TO CALI- (A) evaluate the national significance of (D) consult with interested Federal agen- FORNIA MILITARY LANDS WITH- the study area; DRAWAL AND OVERFLIGHTS ACT OF cies, State or local governmental entities, (B) determine the suitability and feasi- 1994. private and nonprofit organizations, or any bility of designating the study area as a unit (a) FINDINGS.—Section 801(b)(2) of the Cali- other interested individuals; and of the National Park System; fornia Military Lands Withdrawal and Over- (E) identify cost estimates for any Federal (C) consider other alternatives for preser- flights Act of 1994 (16 U.S.C. 410aaa–82 note; acquisition, development, interpretation, op- vation, protection, and interpretation of the Public Law 103–433) is amended by inserting eration, and maintenance associated with study area by the Federal Government, ‘‘, special management areas, off-highway the alternatives. State or local government entities, or pri- vehicle recreation areas, scenic areas,’’ be- (3) APPLICABLE LAW.—The study required vate and nonprofit organizations; fore ‘‘and wilderness areas’’. under paragraph (1) shall be conducted in ac- (D) consult with interested Federal agen- (b) OVERFLIGHTS; SPECIAL AIRSPACE.—Sec- cordance with section 100507 of title 54, cies, State or local governmental entities, tion 802 of the California Military Lands United States Code. private and nonprofit organizations, or any Withdrawal and Overflights Act of 1994 (16 (4) REPORT.—Not later than 3 years after other interested individuals; and U.S.C. 410aaa–82) is amended— the date on which funds are first made avail- (E) identify cost estimates for any Federal (1) in subsection (a), by inserting ‘‘, scenic able for the study under paragraph (1), the acquisition, development, interpretation, op- areas, off-highway vehicle recreation areas, Secretary shall submit to the Committee on eration, and maintenance associated with or special management areas’’ before ‘‘des- Energy and Natural Resources of the Senate the alternatives. ignated by this Act’’; and the Committee on Natural Resources of (3) APPLICABLE LAW.—The study required (2) in subsection (b), by inserting ‘‘, scenic the House of Representatives a report that under paragraph (1) shall be conducted in ac- areas, off-highway vehicle recreation areas, describes— cordance with section 100507 of title 54, or special management areas’’ before ‘‘des- (A) the results of the study; and United States Code. ignated by this Act’’; and (B) any conclusions and recommendations (4) REPORT.—Not later than 3 years after (3) by adding at the end the following: of the Secretary. ‘‘(d) DEPARTMENT OF DEFENSE FACILITIES.— the date on which funds are first made avail- Nothing in this Act alters any authority of SEC. 2002. SPECIAL RESOURCE STUDY OF able for the study under paragraph (1), the the Secretary of Defense to conduct military THURGOOD MARSHALL SCHOOL. Secretary shall submit to the Committee on Natural Resources of the House of Rep- operations at installations and ranges within (a) DEFINITION OF STUDY AREA.—In this the California Desert Conservation Area that section, the term ‘‘study area’’ means— resentatives and the Committee on Energy are authorized under any other provision of (1) P.S. 103, the public school located in and Natural Resources of the Senate a report law.’’. West Baltimore, Maryland, which Thurgood that describes— (A) the results of the study; and SEC. 1461. DESERT TORTOISE CONSERVATION Marshall attended as a youth; and CENTER. (2) any other resources in the neighborhood (B) any conclusions and recommendations of the Secretary. (a) IN GENERAL.—The Secretary shall es- surrounding P.S. 103 that relate to the early tablish, operate, and maintain a trans-State life of Thurgood Marshall. SEC. 2004. AMACHE SPECIAL RESOURCE STUDY. desert tortoise conservation center (referred (a) DEFINITION OF STUDY AREA.—In this (b) SPECIAL RESOURCE STUDY.— to in this section as the ‘‘Center’’) on public section, the term ‘‘study area’’ means the (1) STUDY.—The Secretary shall conduct a land along the California-Nevada border— site known as ‘‘Amache’’, ‘‘Camp Amache’’, special resource study of the study area. (1) to support desert tortoise research, dis- and ‘‘Granada Relocation Center’’ in Gra- (2) CONTENTS.—In conducting the study ease monitoring, handling training, rehabili- nada, Colorado, which was 1 of the 10 reloca- under paragraph (1), the Secretary shall— tation, and reintroduction; tion centers where Japanese Americans were (A) evaluate the national significance of incarcerated during World War II. (2) to provide temporary quarters for ani- the study area; (b) SPECIAL RESOURCE STUDY.— mals collected from authorized salvage from (B) determine the suitability and feasi- (1) IN GENERAL.—The Secretary shall con- renewable energy sites; and bility of designating the study area as a unit duct a special resource study of the study (3) to ensure the full recovery and ongoing of the National Park System; area. survival of the species. (C) consider other alternatives for preser- (2) CONTENTS.—In conducting the study (b) CENTER.—In carrying out this section, vation, protection, and interpretation of the under paragraph (1), the Secretary shall— the Secretary shall— study area by the Federal Government, (A) evaluate the national significance of (1) seek the participation of or contract State or local government entities, or pri- the study area; with qualified organizations with expertise vate and nonprofit organizations; (B) determine the suitability and feasi- in desert tortoise disease research and expe- (D) consult with interested Federal agen- bility of designating the study area as a unit rience with desert tortoise translocation cies, State or local governmental entities, of the National Park System; techniques, and scientific training of profes- private and nonprofit organizations, or any (C) consider other alternatives for preser- sional biologists for handling tortoises, to other interested individuals; and vation, protection, and interpretation of the staff and manage the Center; (E) identify cost estimates for any Federal study area by the Federal Government, (2) ensure that the Center engages in pub- acquisition, development, interpretation, op- State or local government entities, or pri- lic outreach and education on tortoise han- eration, and maintenance associated with vate and nonprofit organizations; dling; and the alternatives. (D) consult with interested Federal agen- (3) consult with the State and the State of (3) APPLICABLE LAW.—The study required cies, State or local governmental entities, Nevada to ensure that the Center is operated under paragraph (1) shall be conducted in ac- private and nonprofit organizations, or any consistent with State law. cordance with section 100507 of title 54, other interested individuals; and (c) NON-FEDERAL CONTRIBUTIONS.—The Sec- United States Code. (E) identify cost estimates for any Federal retary may accept and expend contributions (4) REPORT.—Not later than 3 years after acquisition, development, interpretation, op- of non-Federal funds to establish, operate, the date on which funds are first made avail- eration, and maintenance associated with and maintain the Center. able to carry out the study under paragraph the alternatives described in subparagraphs TITLE II—NATIONAL PARKS (1), the Secretary shall submit to the Com- (B) and (C). Subtitle A—Special Resource Studies mittee on Natural Resources of the House of (3) APPLICABLE LAW.—The study required SEC. 2001. SPECIAL RESOURCE STUDY OF JAMES Representatives and the Committee on En- under paragraph (1) shall be conducted in ac- K. POLK PRESIDENTIAL HOME. ergy and Natural Resources of the Senate a cordance with section 100507 of title 54, (a) DEFINITION OF STUDY AREA.—In this report that describes— United States Code. section, the term ‘‘study area’’ means the (A) the results of the study; and (4) REPORT.—Not later than 3 years after President James K. Polk Home in Columbia, (B) any conclusions and recommendations the date on which funds are first made avail- Tennessee, and adjacent property. of the Secretary. able to carry out the study under paragraph

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1235 (1), the Secretary shall submit to the Com- lished as an affiliated area of the National tion, purchase from a willing seller with do- mittee on Natural Resources of the House of Park System. nated or appropriated funds, or exchange. Representatives and the Committee on En- (2) DESCRIPTION OF AFFILIATED AREA.—The (B) LIMITATION.—The Secretary may not ergy and Natural Resources of the Senate a affiliated area shall consist of the area gen- acquire by condemnation any land or inter- report that describes— erally depicted within the ‘‘Proposed Bound- est in land within the boundaries of the His- (A) the results of the study; and ary’’ on the map entitled ‘‘Parker’s Cross- torical Park. (B) any conclusions and recommendations roads Battlefield, Proposed Boundary’’, num- (4) ADMINISTRATION.—The Secretary shall of the Secretary. bered 903/80,073, and dated July 2014. administer any land acquired under para- SEC. 2005. SPECIAL RESOURCE STUDY OF (3) ADMINISTRATION.—The affiliated area graph (3) as part of the Historical Park in ac- GEORGE W. BUSH CHILDHOOD shall be managed in accordance with— cordance with applicable laws (including reg- HOME. (A) this section; and ulations). (a) DEFINITION OF STUDY AREA.—In this (B) any law generally applicable to units of (c) OCMULGEE RIVER CORRIDOR SPECIAL RE- section, the term ‘‘study area’’ means the the National Park System. SOURCE STUDY.— George W. Bush Childhood Home, located at (4) MANAGEMENT ENTITY.—The City of (1) IN GENERAL.—The Secretary shall con- 1412 West Ohio Avenue, Midland, Texas. Parkers Crossroads and the Tennessee His- duct a special resource study of the study (b) SPECIAL RESOURCE STUDY.— torical Commission shall jointly be the man- area. (1) STUDY.—The Secretary shall conduct a agement entity for the affiliated area. (2) CONTENTS.—In conducting the study special resource study of the study area. (5) COOPERATIVE AGREEMENTS.—The Sec- under paragraph (1), the Secretary shall— (2) CONTENTS.—In conducting the study retary may provide technical assistance and (A) evaluate the national significance of under paragraph (1), the Secretary shall— enter into cooperative agreements with the the study area; (A) evaluate the national significance of (B) determine the suitability and feasi- the study area; management entity for the purpose of pro- viding financial assistance for the mar- bility of designating the study area as a unit (B) determine the suitability and feasi- of the National Park System; bility of designating the study area as a unit keting, marking, interpretation, and preser- vation of the affiliated area. (C) consider other alternatives for preser- of the National Park System; vation, protection, and interpretation of the (C) consider other alternatives for preser- (6) LIMITED ROLE OF THE SECRETARY.—Noth- ing in this section authorizes the Secretary study area by the Federal Government, vation, protection, and interpretation of the State or local government entities, or pri- study area by the Federal Government, to acquire property at the affiliated area or to assume overall financial responsibility for vate and nonprofit organizations; State or local government entities, or pri- (D) consult with interested Federal agen- vate and nonprofit organizations; the operation, maintenance, or management of the affiliated area. cies, State or local governmental entities, (D) consult with interested Federal agen- private and nonprofit organizations, or any (7) GENERAL MANAGEMENT PLAN.— cies, State or local governmental entities, other interested individuals; and (A) IN GENERAL.—The Secretary, in con- private and nonprofit organizations, or any (E) identify cost estimates for any Federal other interested individuals; and sultation with the management entity, shall develop a general management plan for the acquisition, development, interpretation, op- (E) identify cost estimates for any Federal eration, and maintenance associated with acquisition, development, interpretation, op- affiliated area in accordance with section 100502 of title 54, United States Code. the alternatives. eration, and maintenance associated with (3) APPLICABLE LAW.—The study required the alternatives. (B) TRANSMITTAL.—Not later than 3 years after the date on which funds are made avail- under paragraph (1) shall be conducted in ac- (3) APPLICABLE LAW.—The study required cordance with section 100507 of title 54, under paragraph (1) shall be conducted in ac- able to carry out this section, the Secretary shall submit to the Committee on Natural United States Code. cordance with section 100507 of title 54, (4) REPORT.—Not later than 3 years after United States Code. Resources of the House of Representatives and the Committee on Energy and Natural the date on which funds are first made avail- (4) REPORT.—Not later than 3 years after able to carry out the study under paragraph the date on which funds are first made avail- Resources of the Senate the general manage- ment plan developed under subparagraph (A). (1), the Secretary shall submit to the Com- able for the study under paragraph (1), the mittee on Natural Resources of the House of Secretary shall submit to the Committee on SEC. 2102. OCMULGEE MOUNDS NATIONAL HIS- Representatives and the Committee on En- TORICAL PARK BOUNDARY. Energy and Natural Resources of the Senate ergy and Natural Resources of the Senate a and the Committee on Natural Resources of (a) DEFINITIONS.—In this section: report that describes— the House of Representatives a report that (1) HISTORICAL PARK.—The term ‘‘Histor- (A) the results of the study; and describes— ical Park’’ means the Ocmulgee Mounds Na- (B) any conclusions and recommendations (A) the results of the study; and tional Historical Park in the State of Geor- of the Secretary. gia, as redesignated by subsection(b)(1)(A). (B) any conclusions and recommendations SEC. 2103. KENNESAW MOUNTAIN NATIONAL BAT- of the Secretary. (2) MAP.—The term ‘‘map’’ means the map TLEFIELD PARK BOUNDARY. Subtitle B—National Park System Boundary entitled ‘‘Ocmulgee National Monument Pro- (a) DEFINITIONS.—In this section: Adjustments and Related Matters posed Boundary Adjustment’’, numbered 363/ (1) MAP.—The term ‘‘map’’ means the map 125996, and dated January 2016. SEC. 2101. SHILOH NATIONAL MILITARY PARK entitled ‘‘Kennesaw Mountain National Bat- BOUNDARY ADJUSTMENT. (3) STUDY AREA.—The term ‘‘study area’’ tlefield Park, Proposed Boundary Adjust- (a) DEFINITIONS.—In this section: means the Ocmulgee River corridor between ment’’, numbered 325/80,020, and dated Feb- (1) AFFILIATED AREA.—The term ‘‘affiliated the cities of Macon, Georgia, and ruary 2010. area’’ means the Parker’s Crossroads Battle- Hawkinsville, Georgia. (2) PARK.—The term ‘‘Park’’ means the field established as an affiliated area of the (b) OCMULGEE MOUNDS NATIONAL HISTOR- Kennesaw Mountain National Battlefield National Park System by subsection (c)(1). ICAL PARK.— Park. (2) PARK.—The term ‘‘Park’’ means Shiloh (1) REDESIGNATION.— (b) KENNESAW MOUNTAIN NATIONAL BATTLE- National Military Park, a unit of the Na- (A) IN GENERAL.—The Ocmulgee National FIELD PARK BOUNDARY ADJUSTMENT.— tional Park System. Monument, established pursuant to the Act (1) BOUNDARY ADJUSTMENT.—The boundary (b) AREAS TO BE ADDED TO SHILOH NA- of June 14, 1934 (48 Stat. 958, chapter 519), of the Park is modified to include the ap- TIONAL MILITARY PARK.— shall be known and designated as the proximately 8 acres of land or interests in (1) ADDITIONAL AREAS.—The boundary of ‘‘Ocmulgee Mounds National Historical land identified as ‘‘Wallis House and the Park is modified to include the areas Park’’. Harriston Hill’’, as generally depicted on the that are generally depicted on the map enti- (B) REFERENCES.—Any reference in a law, map. tled ‘‘Shiloh National Military Park, Pro- map, regulation, document, paper, or other (2) MAP.—The map shall be on file and posed Boundary Adjustment’’, numbered 304/ record of the United States to the available for inspection in the appropriate 80,011, and dated July 2014, and which are ‘‘Ocmulgee National Monument’’ shall be offices of the National Park Service. comprised of the following: deemed to be a reference to the ‘‘Ocmulgee (3) LAND ACQUISITION.—The Secretary may (A) Fallen Timbers Battlefield. Mounds National Historical Park’’. acquire land or interests in land described in (B) Russell House Battlefield. (2) BOUNDARY ADJUSTMENT.— paragraph (1) by donation, purchase from (C) Davis Bridge Battlefield. (A) IN GENERAL.—The boundary of the His- willing sellers, or exchange. (2) ACQUISITION AUTHORITY.—The Secretary torical Park is revised to include approxi- (4) ADMINISTRATION OF ACQUIRED LAND.— may acquire the land described in paragraph mately 2,100 acres of land, as generally de- The Secretary shall administer land and in- (1) by donation, purchase from willing sellers picted on the map. terests in land acquired under this section as with donated or appropriated funds, or ex- (B) AVAILABILITY OF MAP.—The map shall part of the Park in accordance with applica- change. be on file and available for public inspection ble laws (including regulations). (3) ADMINISTRATION.—Any land acquired in the appropriate offices of the National SEC. 2104. FORT FREDERICA NATIONAL MONU- under this subsection shall be administered Park Service. MENT, GEORGIA. as part of the Park. (3) LAND ACQUISITION.— (a) MAXIMUM ACREAGE.—The first section (c) ESTABLISHMENT OF AFFILIATED AREA.— (A) IN GENERAL.—The Secretary may ac- of the Act of May 26, 1936 (16 U.S.C. 433g), is (1) IN GENERAL.—Parker’s Crossroads Bat- quire land and interests in land within the amended by striking ‘‘two hundred and fifty tlefield in the State of Tennessee is estab- boundaries of the Historical Park by dona- acres’’ and inserting ‘‘305 acres’’.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1236 CONGRESSIONAL RECORD — SENATE February 12, 2019

(b) BOUNDARY EXPANSION.— (1) by striking the section designation and 1,441 acres of land and interests in land, as (1) IN GENERAL.—The boundary of the Fort heading and all that follows through ‘‘(a) depicted on the map entitled ‘Acadia Na- Frederica National Monument in the State The Secretary’’ and inserting the following: tional Park, Hancock County, Maine, of Georgia is modified to include the land ‘‘SEC. 201. LAND ACQUISITIONS. Schoodic Peninsula Boundary Revision’, generally depicted as ‘‘Proposed Acquisition ‘‘(a) AUTHORIZATION.— numbered 123/129102, and dated July 10, 2015. Areas’’ on the map entitled ‘‘Fort Frederica ‘‘(1) IN GENERAL.—The Secretary’’; ‘‘(2) RATIFICATION AND APPROVAL OF ACQUI- National Monument Proposed Boundary Ex- (2) in subsection (a)— SITIONS OF LAND.—Congress ratifies and ap- pansion’’, numbered 369/132,469, and dated (A) in the second sentence, by striking proves— April 2016. ‘‘When any tract of land is only partly with- ‘‘(A) effective as of September 26, 2013, the (2) AVAILABILITY OF MAP.—The map de- in such boundaries’’ and inserting the fol- acquisition by the United States of the land scribed in paragraph (1) shall be on file and lowing: and interests in the land described in para- available for public inspection in the appro- ‘‘(2) CERTAIN PORTIONS OF TRACTS.— graph (1); and priate offices of the National Park Service. ‘‘(A) IN GENERAL.—In any case in which ‘‘(B) effective as of the date on which the (3) ACQUISITION OF LAND.—The Secretary only a portion of a tract of land is within the alteration occurred, any alteration of the may acquire the land and interests in land boundaries of the park’’; land or interests in the land described in described in paragraph (1) by donation or (B) in the third sentence, by striking paragraph (1) that is held or claimed by the purchase with donated or appropriated funds ‘‘Land so acquired’’ and inserting the fol- United States (including conversion of the from willing sellers only. lowing: land to fee simple interest) that occurred after the date described in subparagraph (4) NO USE OF CONDEMNATION OR EMINENT ‘‘(B) EXCHANGE.— (A).’’; and DOMAIN.—The Secretary may not acquire by ‘‘(i) IN GENERAL.—Any land acquired pursu- condemnation or eminent domain any land ant to subparagraph (A)’’; (4) in subsection (c) (as designated by para- or interests in land under this section or for (C) in the fourth sentence, by striking graph (2)(A)), by adding at the end the fol- lowing: the purposes of this section. ‘‘Any portion’’ and inserting the following: ‘‘(2) TECHNICAL AND LIMITED REVISIONS.— SEC. 2105. FORT SCOTT NATIONAL HISTORIC SITE ‘‘(ii) PORTIONS NOT EXCHANGED.—Any por- Subject to section 102(k), notwithstanding BOUNDARY. tion’’; any other provision of this section, the Sec- Public Law 95–484 (92 Stat. 1610) is amend- (D) in the fifth sentence, by striking ‘‘Any retary of the Interior (referred to in this ed— Federal property’’ and inserting the fol- title as the ‘Secretary’), by publication in (1) in the first section— lowing: the Federal Register of a revised boundary (A) by inserting ‘‘, by purchase with appro- ‘‘(C) TRANSFERS OF FEDERAL PROPERTY.— map or other description, may make— priated funds, or by exchange’’ after ‘‘dona- Any Federal property’’; and ‘‘(A) such technical boundary revisions as tion’’; and (E) by striking the last sentence and in- the Secretary determines to be appropriate (B) by striking the proviso; and serting the following: to the permanent boundaries of the Park (in- (2) in section 2— ‘‘(D) ADMINISTRATIVE JURISDICTION.—Effec- cluding any property of the Park located (A) by striking ‘‘SEC. 2. When’’ and insert- tive beginning on the date of enactment of within the Schoodic Peninsula and Isle Au ing the following: this subparagraph, there is transferred to the Haut districts) to resolve issues resulting ‘‘SEC. 2. ESTABLISHMENT. National Park Service administrative juris- from causes such as survey error or changed ‘‘(a) IN GENERAL.—When’’; and diction over— road alignments; and (B) by adding at the end the following: ‘‘(i) any land managed by the Bureau of ‘‘(B) such limited boundary revisions as ‘‘(b) BOUNDARY MODIFICATION.—The bound- Land Management within the boundaries of the Secretary determines to be appropriate ary of the Fort Scott National Historic Site the park, as depicted on the map described in to the permanent boundaries of the Park to established under subsection (a) is modified section 102(a); and take into account acquisitions or losses, by as generally depicted on the map referred to ‘‘(ii) any additional public land identified exchange, donation, or purchase from willing as ‘Fort Scott National Historic Site Pro- by the Bureau of Land Management as ap- sellers using donated or appropriated funds, posed Boundary Modification’, numbered 471/ propriate for transfer within the boundaries of land adjacent to or within the Park, re- 80,057, and dated February 2016.’’. of the park. spectively, in any case in which the total SEC. 2106. FLORISSANT FOSSIL BEDS NATIONAL ‘‘(E) LAND OWNED BY STATE.— acreage of the land to be so acquired or lost MONUMENT BOUNDARY. ‘‘(i) DONATIONS AND EXCHANGES.—Any land is less than 10 acres, subject to the condition The first section of Public Law 91–60 (83 located within or adjacent to the boundaries that— Stat. 101) is amended— of the park that is owned by the State of ‘‘(i) any such boundary revision shall not (1) by striking ‘‘entitled ‘Proposed Minnesota (or a political subdivision of the be a part of a more-comprehensive boundary Florissant Fossil Beds National Monument’, State) may be acquired by the Secretary revision; and numbered NM–FFB–7100, and dated March only through donation or exchange. ‘‘(ii) all such boundary revisions, consid- 1967, and more particularly described by ‘‘(ii) REVISION.—On completion of an acqui- ered collectively with any technical bound- metes and bounds in an attachment to that sition from the State under clause (i), the ary revisions made pursuant to subparagraph map,’’ and inserting ‘‘entitled ‘Florissant Secretary shall revise the boundaries of the (A), do not increase the size of the Park by Fossil Beds National Monument Proposed park to reflect the acquisition.’’; and more than a total of 100 acres, as compared Boundary Adjustment’, numbered 171/132,544, (3) in subsection (b), by striking ‘‘(b) In ex- to the size of the Park on the date of enact- and dated May 3, 2016,’’; and ercising his’’ and inserting the following: ment of this paragraph.’’. FFERS BY NDIVIDUALS (2) by striking ‘‘six thousand acres’’ and in- ‘‘(b) O I .—In exercising (b) LIMITATION ON ACQUISITIONS OF LAND serting ‘‘6,300 acres’’. the’’. FOR ACADIA NATIONAL PARK.—Section 102 of SEC. 2107. VOYAGEURS NATIONAL PARK BOUND- SEC. 2108. ACADIA NATIONAL PARK BOUNDARY. Public Law 99–420 (16 U.S.C. 341 note) is ARY ADJUSTMENT. (a) BOUNDARY CLARIFICATION.—Section 101 amended— (a) BOUNDARIES.— of Public Law 99–420 (16 U.S.C. 341 note) is (1) in subsection (a), in the matter pre- (1) IN GENERAL.—Section 102(a) of Public amended— ceding paragraph (1), by striking ‘‘of the In- Law 91–661 (16 U.S.C. 160a–1(a)) is amended— (1) in the first sentence, by striking ‘‘In terior (hereinafter in this title referred to as (A) in the first sentence, by striking ‘‘the order to’’ and inserting the following: ‘the Secretary’)’’; drawing entitled’’ and all that follows ‘‘(a) BOUNDARIES.—Subject to subsections (2) in subsection (d)(1), in the first sen- through ‘‘February 1969’’ and inserting ‘‘the (b) and (c)(2), to’’; tence, by striking ‘‘the the’’ and inserting map entitled ‘Voyageurs National Park, Pro- (2) in the second sentence— ‘‘the’’; posed Land Transfer & Boundary Adjust- (A) by striking ‘‘The map shall be on file’’ (3) in subsection (k)— ment’, numbered 172/80,056, and dated June and inserting the following: (A) by redesignating the subsection as 2009 (22 sheets)’’; and ‘‘(c) AVAILABILITY AND REVISIONS OF paragraph (4) and indenting the paragraph (B) in the second and third sentences, by MAPS.— appropriately; and striking ‘‘drawing’’ each place it appears and ‘‘(1) AVAILABILITY.—The map, together (B) by moving the paragraph so as to ap- inserting ‘‘map’’. with the map described in subsection (b)(1) pear at the end of subsection (b); and (2) TECHNICAL CORRECTIONS.—Section and any revised boundary map published (4) by adding at the end the following: 102(b)(2)(A) of Public Law 91–661 (16 U.S.C. under paragraph (2), if applicable, shall be— ‘‘(k) REQUIREMENTS.—Before revising the 160a–1(b)(2)(A)) is amended— ‘‘(A) on file’’; and boundaries of the Park pursuant to this sec- (A) by striking ‘‘paragraph (1)(C) and (D)’’ (B) by striking ‘‘Interior, and it shall be tion or section 101(c)(2)(B), the Secretary and inserting ‘‘subparagraphs (C) and (D) of made’’ and inserting the following: ‘‘Interior; shall— paragraph (1)’’; and and ‘‘(1) certify that the proposed boundary re- (B) in the second proviso, by striking ‘‘(B) made’’; vision will contribute to, and is necessary ‘‘paragraph 1(E)’’ and inserting ‘‘paragraph (3) by inserting after subsection (a) (as des- for, the proper preservation, protection, in- (1)(E)’’. ignated by paragraph (1)) the following: terpretation, or management of the Park; (b) LAND ACQUISITIONS.—Section 201 of ‘‘(b) SCHOODIC PENINSULA ADDITION.— ‘‘(2) consult with the governing body of Public Law 91–661 (16 U.S.C. 160b) is amend- ‘‘(1) IN GENERAL.—The boundary of the each county, city, town, or other jurisdiction ed— Park is confirmed to include approximately with primary taxing authority over the land

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1237

or interest in land to be acquired regarding taking of marine species, marine worms, and ‘‘(2) TECHNICAL AND PLANNING ASSIST- the impacts of the proposed boundary revi- shellfish, on land within the Park between ANCE.—The Secretary shall’’; sion; the mean high watermark and the mean low (C) in subsection (b)— ‘‘(3) obtain from each property owner the watermark in accordance with State law.’’. (i) by striking ‘‘(b)(1) The Secretary is fur- land or interest in land of which is proposed (g) CONVEYANCE OF CERTAIN LAND IN ACA- ther authorized to’’ and inserting the fol- to be acquired for, or lost from, the Park DIA NATIONAL PARK TO THE TOWN OF BAR lowing: written consent for the proposed boundary HARBOR, MAINE.— ‘‘(b) NOLAND/HAUKENBERRY AND WALLACE revision; and (1) IN GENERAL.—The Secretary shall con- HOUSES.— ‘‘(4) submit to the Acadia National Park vey to the Town of Bar Harbor all right, ‘‘(1) IN GENERAL.—The Secretary may’’; and Advisory Commission established by section title, and interest of the United States in (ii) in paragraph (1), by indenting subpara- 103(a), the Committee on Natural Resources and to the .29-acre parcel of land in Acadia graphs (A) and (B) appropriately; of the House of Representatives, the Com- National Park identified as lot 110–055–000 on (D) by adding at the end the following: mittee on Energy and Natural Resources of the tax map of the Town of Bar Harbor for ‘‘(e) ADDITIONAL LAND IN INDEPENDENCE FOR the Senate, and the Maine Congressional section 110, dated April 1, 2015, to be used VISITOR CENTER.— Delegation a written notice of the proposed for— ‘‘(1) IN GENERAL.—The Secretary may ac- boundary revision. (A) a solid waste transfer facility; or quire, by donation from the city of Independ- ‘‘(l) LIMITATION.—The Secretary may not (B) other public purposes consistent with ence, Missouri, the land described in para- use the authority provided by section 100506 uses allowed under the Act of June 14, 1926 graph (2) for— of title 54, United States Code, to adjust the (commonly known as the ‘‘Recreation and ‘‘(A) inclusion in the Harry S Truman Na- permanent boundaries of the Park pursuant Public Purposes Act’’) (44 Stat. 741, chapter tional Historic Site; and to this title.’’. 578; 43 U.S.C. 869 et seq.). ‘‘(B) if the Secretary determines appro- (c) ACADIA NATIONAL PARK ADVISORY COM- (2) REVERSION.—If the land conveyed under priate, use as a visitor center of the historic MISSION.— paragraph (1) is used for a purpose other than site, which may include administrative serv- (1) IN GENERAL.—The Secretary shall rees- a purpose described in that paragraph, the ices. tablish and appoint members to the Acadia land shall, at the discretion of the Secretary, ‘‘(2) DESCRIPTION OF LAND.—The land re- National Park Advisory Commission in ac- revert to the United States. ferred to in paragraph (1) consists of the ap- cordance with section 103 of Public Law 99– SEC. 2109. AUTHORITY OF SECRETARY OF THE IN- proximately 1.08 acres of land— 420 (16 U.S.C. 341 note). TERIOR TO ACCEPT CERTAIN PROP- ‘‘(A) owned by the city of Independence, (2) CONFORMING AMENDMENT.—Section 103 ERTIES, MISSOURI. Missouri; of Public Law 99–420 (16 U.S.C. 341 note) is (a) STE. GENEVIEVE NATIONAL HISTORICAL ‘‘(B) designated as Lots 6 through 19, amended by striking subsection (f). PARK.—Section 7134(a)(3) of the Energy and DELAYS Subdivision, a subdivision in Inde- (d) REPEAL OF CERTAIN PROVISIONS RELAT- Natural Resources Act of 2017 (as enacted pendence, Jackson County, Missouri; and ING TO ACADIA NATIONAL PARK.—The fol- into law by section 121(a)(2) of division G of ‘‘(C) located in the area of the city bound lowing are repealed: the Consolidated Appropriations Act, 2018 by Truman Road on the south, North Lynn (1) Section 3 of the Act of February 26, 1919 (Public Law 115–141)) is amended by striking Street on the west, East White Oak Street (40 Stat. 1178, chapter 45). ‘‘ ‘Ste. Genevieve National Historical Park on the north, and the city transit center on (2) The first section of the Act of January Proposed Boundary’, numbered 571/132,626, the east. 19, 1929 (45 Stat. 1083, chapter 77). and dated May 2016’’ and inserting ‘‘ ‘Ste. ‘‘(3) BOUNDARY MODIFICATION.—On acquisi- (e) MODIFICATION OF USE RESTRICTION.— Genevieve National Historical Park Pro- tion of the land under this subsection, the The Act of August 1, 1950 (64 Stat. 383, chap- posed Boundary Addition’, numbered 571/ Secretary shall modify the boundary of the ter 511), is amended— 149,942, and dated December 2018’’. Harry S Truman National Historic Site to (1) by striking ‘‘That the Secretary’’ and (b) HARRY S TRUMAN NATIONAL HISTORIC reflect that acquisition.’’; and inserting the following: SITE.—Public Law 98–32 (54 U.S.C. 320101 (E) in subsection (a)— ‘‘SECTION 1. CONVEYANCE OF LAND IN ACADIA note) is amended— (i) in the second sentence, by striking ‘‘The NATIONAL PARK. (1) in section 3, by striking the section des- Secretary may also acquire, by any of the ‘‘The Secretary’’; and ignation and all that follows through ‘‘is au- above means, fixtures,’’ and inserting the (2) by striking ‘‘for school purposes’’ and thorized’’ and inserting the following: following: inserting ‘‘for public purposes, subject to the ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) FIXTURES AND PERSONAL PROPERTY.— conditions that use of the land shall not de- ‘‘There are authorized’’; The Secretary may acquire, by any means grade or adversely impact the resources or (2) in section 2— described in paragraph (1), any fixtures’’; and values of Acadia National Park and that the (A) in the second sentence, by striking (ii) in the first sentence— land shall remain in public ownership for ‘‘The Secretary is further authorized, in the (I) by striking ‘‘of the Interior (hereinafter recreational, educational, or similar public administration of the site, to’’ and inserting referred to as the ‘Secretary’)’’; and purposes’’. the following: (II) by striking ‘‘That (a) in order to’’ and inserting the following: (f) CONTINUATION OF CERTAIN TRADITIONAL ‘‘(b) USE BY MARGARET TRUMAN DANIEL.— USES.—Title I of Public Law 99–420 (16 U.S.C. In administering the Harry S Truman Na- ‘‘SECTION 1. SHORT TITLE; DEFINITION OF SEC- 341 note) is amended by adding at the end the tional Historic Site, the Secretary may’’; RETARY. ‘‘(a) SHORT TITLE.—This Act may be cited following: and as the ‘Harry S Truman National Historic (B) by striking the section designation and ‘‘SEC. 109. CONTINUATION OF CERTAIN TRADI- Site Establishment Act’. TIONAL USES. all that follows through ‘‘and shall be’’ in ‘‘(b) DEFINITION OF SECRETARY.—In this ‘‘(a) DEFINITIONS.—In this section: the first sentence and inserting the fol- Act, the term ‘Secretary’ means the Sec- ‘‘(1) LAND WITHIN THE PARK.—The term lowing: retary of the Interior. ‘land within the Park’ means land owned or ‘‘SEC. 3. DESIGNATION; USE BY MARGARET TRU- ‘‘SEC. 2. PURPOSE; ACQUISITION OF PROPERTY. MAN DANIEL. controlled by the United States— ‘‘(a) PURPOSE; ACQUISITION.— ‘‘(A) that is within the boundary of the ‘‘(a) DESIGNATION.—Any property acquired ‘‘(1) IN GENERAL.—To’’. Park established by section 101; or pursuant to section 2— SEC. 2110. HOME OF FRANKLIN D. ROOSEVELT ‘‘(B)(i) that is outside the boundary of the ‘‘(1) is designated as the ‘Harry S Truman NATIONAL HISTORIC SITE. Park; and National Historic Site’; and (a) LAND ACQUISITION.—The Secretary may ‘‘(ii) in which the Secretary has or acquires ‘‘(2) shall be’’; and acquire, by donation, purchase from a will- a property interest or conservation easement (3) in the first section— ing seller using donated or appropriated pursuant to this title. (A) by redesignating subsection (e) as para- funds, or exchange, the approximately 89 ‘‘(2) MARINE SPECIES; MARINE WORM; SHELL- graph (2), indenting the paragraph appro- acres of land identified as the ‘‘Morgan Prop- FISH.—The terms ‘marine species’, ‘marine priately, and moving the paragraph so as to erty’’ and generally depicted on the map en- worm’, and ‘shellfish’ have the meanings appear at the end of subsection (c); titled ‘‘Home of Franklin D. Roosevelt Na- given those terms in section 6001 of title 12 of (B) in subsection (c)— tional Historic Site, Proposed Park Addi- the Maine Revised Statutes (as in effect on (i) by striking the subsection designation tion’’, numbered 384/138,461, and dated May the date of enactment of this section). and all that follows through ‘‘authorized to’’ 2017. ‘‘(3) STATE LAW.—The term ‘State law’ and inserting the following: (b) AVAILABILITY OF MAP.—The map re- means the law (including regulations) of the ‘‘(c) TRUMAN FARM HOME.— ferred to in subsection (a) shall be available State of Maine, including the common law. ‘‘(1) IN GENERAL.—The Secretary may’’; and for public inspection in the appropriate of- ‘‘(4) TAKING.—The term ‘taking’ means the (ii) in paragraph (2) (as redesignated by fices of the National Park Service. removal or attempted removal of a marine subparagraph (A))— (c) BOUNDARY ADJUSTMENT; ADMINISTRA- species, marine worm, or shellfish from the (I) by striking ‘‘Farm House’’ and inserting TION.—On acquisition of the land referred to natural habitat of the marine species, ma- ‘‘Farm Home’’; and in subsection (a), the Secretary shall— rine worm, or shellfish. (II) by striking the paragraph designation (1) adjust the boundary of the Home of ‘‘(b) CONTINUATION OF TRADITIONAL USES.— and all that follows through ‘‘authorized and Franklin D. Roosevelt National Historic Site The Secretary shall allow for the traditional directed to’’ and inserting the following: to reflect the acquisition; and

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1238 CONGRESSIONAL RECORD — SENATE February 12, 2019 (2) administer the acquired land as part of Monument, and the Sullivan’s Island Life Network established pursuant to this sec- the Home of Franklin D. Roosevelt National Saving Station Historic District. tion. Historic Site, in accordance with applicable (c) BOUNDARY.—The boundary of the Park (b) RECONSTRUCTION ERA NATIONAL HISTOR- laws. shall be as generally depicted on the map. ICAL PARK.— (d) AVAILABILITY OF MAP.—The map shall Subtitle C—National Park System (1) REDESIGNATION OF RECONSTRUCTION ERA be on file and available for public inspection Redesignations NATIONAL MONUMENT.— in the appropriate offices of the National (A) IN GENERAL.—The Reconstruction Era SEC. 2201. DESIGNATION OF SAINT-GAUDENS NA- Park Service. National Monument is redesignated as the TIONAL HISTORICAL PARK. (e) ADMINISTRATION.— Reconstruction Era National Historical (a) IN GENERAL.—The Saint-Gaudens Na- (1) IN GENERAL.—The Secretary, acting Park, as generally depicted on the Map. tional Historic Site shall be known and des- through the Director of the National Park (B) AVAILABILITY OF FUNDS.—Any funds ignated as the ‘‘Saint-Gaudens National His- Service, shall administer the Park in accord- available for the purposes of the Reconstruc- torical Park’’. ance with this section and the laws generally tion Era National Monument shall be avail- MENDMENTS TO PUBLIC LAW 88–543.— (b) A applicable to units of the National Park Sys- able for the purposes of the historical park. Public Law 88–543 (78 Stat.749) is amended— tem, including— (C) REFERENCES.—Any references in a law, (1) by striking ‘‘National Historic Site’’ (A) section 100101(a), chapter 1003, and sec- regulation, document, record, map, or other each place it appears and inserting ‘‘Na- tions 100751(a), 100752, 100753, and 102101 of paper of the United States to the Recon- tional Historical Park’’; title 54, United States Code; and struction Era National Monument shall be (2) in section 2(a), by striking ‘‘historic (B) chapter 3201 of title 54, United States considered to be a reference to the historical site’’ and inserting ‘‘Saint-Gaudens National Code. park. Historical Park’’; (2) INTERPRETATION OF HISTORICAL (2) BOUNDARY EXPANSION.— (3) in section 3, by— EVENTS.—The Secretary shall provide for the (A) BEAUFORT NATIONAL HISTORIC LANDMARK (A) striking ‘‘national historical site’’ and interpretation of historical events and ac- DISTRICT.—Subject to subparagraph (D), the inserting ‘‘Saint-Gaudens National Histor- tivities that occurred in the vicinity of Fort Secretary is authorized to acquire land or in- ical Park’’; and Sumter and Fort Moultrie, including— terests in land within the Beaufort National (B) striking ‘‘part of the site’’ and insert- (A) the Battle of Sullivan’s Island on June Historic Landmark District that has historic ing ‘‘part of the park’’; and 28, 1776; connection to the Reconstruction Era. Upon (4) in section 4(b), by striking ‘‘traditional (B) the Siege of Charleston during 1780; finalizing an agreement to acquire land, the to the site’’ and inserting ‘‘traditional to the (C) the Civil War, including— Secretary shall expand the boundary of the park’’. (i) the bombardment of Fort Sumter by historical park to encompass the property. (c) REFERENCES.—Any reference in any Confederate forces on April 12, 1861; and (B) ST. HELENA ISLAND.—Subject to sub- law, regulation, document, record, map, or (ii) any other events of the Civil War that paragraph (D), the Secretary is authorized to other paper of the United States to the are associated with Fort Sumter and Fort acquire the following and shall expand the Saint-Gaudens National Historic Site shall Moultrie; boundary of the historical park to include be considered to be a reference to the ‘‘Saint- (D) the development of the coastal defense acquisitions under this authority: Gaudens National Historical Park’’. system of the United States during the pe- (i) Land and interests in land adjacent to SEC. 2202. REDESIGNATION OF ROBERT EMMET riod from the Revolutionary War to World the existing boundary on St. Helena Island, PARK. War II, including— South Carolina, as reflected on the Map. (a) REDESIGNATION.—The small triangular (i) the Sullivan’s Island Life Saving Sta- (ii) Land or interests in land on St. Helena property designated by the National Park tion; Island, South Carolina, that has a historic Service as reservation 302, shall be known as (ii) the lighthouse associated with the Sul- connection to the Reconstruction Era. ‘‘Robert Emmet Park’’. livan’s Island Life Saving Station; and (C) CAMP SAXTON.—Subject to subpara- (b) REFERENCE.—Any reference in any law, (iii) the coastal defense sites constructed graph (D), the Secretary is authorized to ac- regulation, document, record, map, paper, or during the period of fortification construc- cept administrative jurisdiction of Federal other record of the United States to the tion from 1898 to 1942, known as the ‘‘Endi- land or interests in Federal land adjacent to property referred to in subsection (a) is cott Period’’; and the existing boundary at Camp Saxton, as re- deemed to be a reference to ‘‘Robert Emmet (E) the lives of— flected on the Map. Upon finalizing an agree- Park’’. (i) the free and enslaved workers who built ment to accept administrative jurisdiction (c) SIGNAGE.—The Secretary may post and maintained Fort Sumter and Fort of Federal land or interests in Federal land, signs on or near Robert Emmet Park that in- Moultrie; the Secretary shall expand the boundary of clude 1 or more of the following: (ii) the soldiers who defended the forts; the historical park to encompass that Fed- (1) Information on Robert Emmet, his con- (iii) the prisoners held at the forts; and eral land or interests in Federal land. tribution to Irish Independence, and his re- (iv) captive Africans bound for slavery (D) LAND ACQUISITION AUTHORITY.—The Sec- spect for the United States and the Amer- who, after first landing in the United States, retary may only acquire land under this sec- ican Revolution. were brought to quarantine houses in the vi- tion by donation, exchange, or purchase with (2) Information on the history of the statue cinity of Fort Moultrie in the 18th century, donated funds. if the Secretary determines that the quar- of Robert Emmet located in Robert Emmet (3) ADMINISTRATION.— antine houses and associated historical val- Park. (A) IN GENERAL.—The Secretary shall ad- ues are nationally significant. SEC. 2203. FORT SUMTER AND FORT MOULTRIE minister the historical park in accordance (f) COOPERATIVE AGREEMENTS.—The Sec- NATIONAL HISTORICAL PARK. with this section and with the laws generally retary may enter into cooperative agree- (a) DEFINITIONS.—In this section: applicable to units of the National Park Sys- ments with public and private entities and (1) MAP.—The term ‘‘map’’ means the map individuals to carry out this section. tem. entitled ‘‘Boundary Map, Fort Sumter and (g) REPEAL OF EXISTING LAW.—Section 2 of (B) MANAGEMENT PLAN.—If the manage- Fort Moultrie National Historical Park’’, the Joint Resolution entitled ‘‘Joint Resolu- ment plan for the Reconstruction Era Na- numbered 392/80,088, and dated August 2009. tion to establish the Fort Sumter National tional Monument— (2) PARK.—The term ‘‘Park’’ means the Monument in the State of South Carolina’’, (i) has not been completed on or before the Fort Sumter and Fort Moultrie National approved April 28, 1948 (16 U.S.C. 450ee–1), is date of enactment of this Act, the Secretary Historical Park established by subsection repealed. shall incorporate all provisions of this sec- (b). SEC. 2204. RECONSTRUCTION ERA NATIONAL HIS- tion into the planning process and complete (3) STATE.—The term ‘‘State’’ means the TORICAL PARK AND RECONSTRUC- a management plan for the historical park State of South Carolina. TION ERA NATIONAL HISTORIC NET- within 3 years; and (4) SULLIVAN’S ISLAND LIFE SAVING STATION WORK. (ii) has been completed on or before the HISTORIC DISTRICT.—The term ‘‘Sullivan’s Is- (a) DEFINITIONS.—In this section: date of enactment of this Act, the Secretary land Life Saving Station Historic District’’ (1) HISTORICAL PARK.—The term ‘‘historical shall update the plan incorporating the pro- means the Charleston Lighthouse, the boat- park’’ means the Reconstruction Era Na- visions of this section. house, garage, bunker/sighting station, sig- tional Historical Park. (c) RECONSTRUCTION ERA NATIONAL HIS- nal tower, and any associated land and im- (2) MAP.—The term ‘‘Map’’ means the maps TORIC NETWORK.— provements to the land that are located be- entitled ‘‘Reconstruction Era National (1) IN GENERAL.—The Secretary shall— tween Sullivan’s Island Life Saving Station Monument Old Beaufort Firehouse’’, num- (A) establish, within the National Park and the mean low water mark. bered 550/135,755, and dated January 2017; Service, a program to be known as the ‘‘Re- (b) ESTABLISHMENT.—There is established ‘‘Reconstruction Era National Monument construction Era National Historic Net- the Fort Sumter and Fort Moultrie National Darrah Hall and Brick Baptist Church’’, work’’; Historical Park in the State as a single unit numbered 550/135,756, and dated January 2017; (B) not later than 1 year after the date of of the National Park System to preserve, and ‘‘Reconstruction Era National Monu- enactment of this Act, solicit proposals from maintain, and interpret the nationally sig- ment Camp Saxton’’, numbered 550/135,757, sites interested in being a part of the Net- nificant historical values and cultural re- and dated January 2017, collectively. work; and sources associated with Fort Sumter Na- (3) NETWORK.—The term ‘‘Network’’ means (C) administer the Network through the tional Monument, Fort Moultrie National the Reconstruction Era National Historic historical park.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1239

(2) DUTIES OF SECRETARY.—In carrying out (c) TRANSCONTINENTAL RAILROAD COMMEMO- grammatic agreement with the Utah State the Network, the Secretary shall— RATION AND PROGRAM.— Historic Preservation Officer to add to the (A) review studies and reports to com- (1) IN GENERAL.—Subject to paragraph (2), list of undertakings eligible for streamlined plement and not duplicate studies of the his- the Secretary shall establish within the Na- review under section 306108 of title 54, United torical importance of Reconstruction Era tional Park Service a program to commemo- States Code, certain uses that would have that may be underway or completed, such as rate and interpret the Transcontinental limited physical impact to land in the Park. the National Park Service Reconstruction Railroad. (2) DEVELOPMENT AND CONSULTATION.—The Handbook and the National Park Service (2) STUDY.—Before establishing the Pro- programmatic agreement entered into under Theme Study on Reconstruction; gram, the Secretary shall conduct a study of paragraph (1) shall be developed— (B) produce and disseminate appropriate alternatives for commemorating and inter- (A) in accordance with applicable laws (in- educational and promotional materials re- preting the Transcontinental Railroad that cluding regulations); and lating to the Reconstruction Era and the includes— (B) in consultation with adjacent land- sites in the Network, such as handbooks, (A) a historical assessment of the Trans- owners, Indian Tribes, and other interested maps, interpretive guides, or electronic in- continental Railroad; parties. formation; (B) the identification of— (3) APPROVAL.—The Secretary shall— (C) enter into appropriate cooperative (i) existing National Park System land and (A) consider any application for uses cov- agreements and memoranda of under- affiliated areas, land managed by other Fed- ered by the programmatic agreement; and standing to provide technical assistance; eral agencies, and Federal programs that (B) not later than 60 days after the receipt (D)(i) create and adopt an official, uniform may be related to preserving, commemo- of an application described in subparagraph symbol or device for the Network; and rating, and interpreting the Trans- (A), approve the application, if the Secretary (ii) issue regulations for the use of the continental Railroad; determines the application is consistent symbol or device adopted under clause (i); (ii) any properties relating to the Trans- with— and continental Railroad— (i) the programmatic agreement entered (E) conduct research relating to Recon- (I) that are designated as, or could meet into under paragraph (1); and struction and the Reconstruction Era. the criteria for designation as, National His- (ii) applicable laws (including regulations). (3) ELEMENTS.—The Network shall encom- toric Landmarks; or (e) INVASIVE SPECIES.—The Secretary shall pass the following elements: (II) that are included, or eligible for inclu- consult with, and seek to coordinate with, (A) All units and programs of the National sion, on the National Register of Historic adjacent landowners to address the treat- Park Service that are determined by the Places; ment of invasive species adjacent to, and Secretary to relate to the Reconstruction (iii) any objects relating to the Trans- within the boundaries of, the Park. Era. continental Railroad that have educational, (B) Other Federal, State, local, and pri- research, or interpretative value; and SEC. 2206. WORLD WAR II PACIFIC SITES. vately owned properties that the Secretary (iv) any governmental programs and non- (a) PEARL HARBOR NATIONAL MEMORIAL, determines— governmental programs of an educational, HAWAI’I.— (i) relate to the Reconstruction Era; and research, or interpretive nature relating to (1) DEFINITIONS.—In this subsection: (ii) are included in, or determined by the the Transcontinental Railroad; and (A) MAP.—The term ‘‘Map’’ means the map Secretary to be eligible for inclusion in, the (C) recommendations for— entitled ‘‘Pearl Harbor National Memorial— National Register of Historic Places. (i) incorporating the resources identified Proposed Boundary’’, numbered 580/140,514, (C) Other governmental and nongovern- under subparagraph (B) into the Program; and dated November 2017. mental sites, facilities, and programs of an and (B) NATIONAL MEMORIAL.—The term ‘‘Na- educational, research, or interpretive nature (ii) other appropriate ways to enhance his- tional Memorial’’ means the Pearl Harbor that are directly related to the Reconstruc- torical research, education, interpretation, National Memorial established by paragraph tion Era. and public awareness of the Trans- (2)(A)(i). (4) COOPERATIVE AGREEMENTS AND MEMO- continental Railroad. (2) PEARL HARBOR NATIONAL MEMORIAL.— RANDA OF UNDERSTANDING.—To achieve the (3) REPORT.—Not later than 3 years after (A) ESTABLISHMENT.— purposes of this section and to ensure effec- the date on which funds are made available (i) IN GENERAL.—There is established the tive coordination of the Federal and non- to carry out the study under paragraph (2), Pearl Harbor National Memorial in the State Federal elements of the Network and units the Secretary shall submit to the Committee of Hawai’i as a unit of the National Park and programs of the National Park Service, on Natural Resources of the House of Rep- System. the Secretary may enter into cooperative resentatives and the Committee on Energy (ii) BOUNDARIES.—The boundaries of the agreements and memoranda of under- and Natural Resources of the Senate a report National Memorial shall be the boundaries standing with, and provide technical assist- containing the findings and recommenda- generally depicted on the Map. ance to, the heads of other Federal agencies, tions of the study. (iii) AVAILABILITY OF MAP.—The Map shall States, units of local government, regional (4) FREIGHT RAILROAD OPERATIONS.—The be on file and available for public inspection governmental bodies, and private entities. Program shall not include any properties in appropriate offices of the National Park SEC. 2205. GOLDEN SPIKE NATIONAL HISTORICAL that are— Service. PARK. (A) used in active freight railroad oper- (B) PURPOSES.—The purposes of the Na- (a) DEFINITIONS.—In this section: ations (or other ancillary purposes); or tional Memorial are to preserve, interpret, (1) PARK.—The term ‘‘Park’’ means the (B) reasonably anticipated to be used for and commemorate for the benefit of present Golden Spike National Historical Park des- freight railroad operations in the future. and future generations the history of World ignated by subsection (b)(1). (5) ELEMENTS OF THE PROGRAM.—In car- War II in the Pacific from the events leading (2) PROGRAM.—The term ‘‘Program’’ means rying out the Program under this subsection, to the December 7, 1941, attack on O’ahu, to the program to commemorate and interpret the Secretary— peace and reconciliation. the Transcontinental Railroad authorized (A) shall produce and disseminate appro- (3) ADMINISTRATION.—The Secretary shall under subsection (c). priate education materials relating to the administer the National Memorial in accord- (3) SECRETARY.—The term ‘‘Secretary’’ history, construction, and legacy of the ance with this subsection, section 121 of Pub- means the Secretary, acting through the Di- Transcontinental Railroad, such as hand- lic Law 111–88 (123 Stat. 2930), and the laws rector of the National Park Service. books, maps, interpretive guides, or elec- generally applicable to units of the National (4) TRANSCONTINENTAL RAILROAD.—The tronic information; Park System including— term ‘‘Transcontinental Railroad’’ means (B) may enter into appropriate cooperative (A) section 100101(a), chapter 1003, and sec- the approximately 1,912-mile continuous agreements and memoranda of under- tions 100751(a), 100752, 100753, and 102101 of railroad constructed between 1863 and 1869 standing and provide technical assistance to title 54, United States Code; and extending from Council Bluffs, Iowa, to San the heads of other Federal agencies, States, (B) chapter 3201 of title 54, United States Francisco, California. units of local government, regional govern- Code. (b) REDESIGNATION.— mental bodies, and private entities to fur- (4) REMOVAL OF PEARL HARBOR NATIONAL (1) REDESIGNATION.—The Golden Spike Na- ther the purposes of the Program and this MEMORIAL FROM THE WORLD WAR II VALOR IN tional Historic Site designated April 2, 1957, section; and THE PACIFIC NATIONAL MONUMENT.— and placed under the administration of the (C) may— (A) BOUNDARIES.—The boundaries of the National Park Service under Public Law 89– (i) create and adopt an official, uniform World War II Valor in the Pacific National 102 (54 U.S.C. 320101 note; 79 Stat. 426), shall symbol or device to identify the Program; Monument are revised to exclude from the be known and designated as the ‘‘Golden and monument the land and interests in land Spike National Historical Park’’. (ii) issue guidance for the use of the sym- identified as the ‘‘Pearl Harbor National Me- (2) REFERENCES.—Any reference in a law, bol or device created and adopted under morial’’, as depicted on the Map. map, regulation, document, paper, or other clause (i). (B) INCORPORATION INTO NATIONAL MEMO- record of the United States to the Golden (d) PROGRAMMATIC AGREEMENT.— RIAL.— Spike National Historic Site shall be consid- (1) IN GENERAL.—Not later than 180 days (i) IN GENERAL.—The land and interests in ered to be a reference to the ‘‘Golden Spike after the date of enactment of this Act, the land excluded from the monument under sub- National Historical Park’’. Secretary shall seek to enter into a pro- paragraph (A) are incorporated in and made

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1240 CONGRESSIONAL RECORD — SENATE February 12, 2019

part of the National Memorial in accordance (B) PURPOSES.—The purposes of the His- (2) DETERMINATION BY THE SECRETARY.—The with this subsection. toric Site are to preserve and interpret for Monument shall not be established until the (ii) USE OF FUNDS.—Any funds for the pur- the benefit of present and future generations date on which the Secretary determines that poses of the land and interests in land ex- the history associated with the internment a sufficient quantity of land or interests in cluded from the monument under subpara- and detention of civilians of Japanese and land has been acquired to constitute a man- graph (A) shall be made available for the other ancestries during World War II in Ha- ageable park unit. purposes of the National Memorial. wai’i, the impacts of war and martial law on (c) BOUNDARIES.—The boundaries of the (iii) REFERENCES.—Any reference in a law society in the Hawaiian Islands, and the co- Monument shall be the boundaries generally (other than this section), regulation, docu- location and diverse experiences of Prisoners depicted on the Map. ment, record, map, or other paper of the of War at the Honouliuli Internment Camp (d) AVAILABILITY OF MAP.—The Map shall United States to resources in the State of site. be on file and available for public inspection Hawai’i included in the World War II Valor (3) ADMINISTRATION.— in the appropriate offices of the National in the Pacific National Monument shall be (A) IN GENERAL.—The Secretary shall ad- Park Service. considered a reference to the ‘‘Pearl Harbor minister the Historic Site in accordance (e) ACQUISITION AUTHORITY.—The Secretary National Memorial’’. with this subsection and the laws generally may only acquire any land or interest in (b) TULE LAKE NATIONAL MONUMENT, CALI- applicable to units of the National Park Sys- land located within the boundary of the FORNIA.— tem, including— Monument by— (1) IN GENERAL.—The areas of the World (i) section 100101(a), chapter 1003, and sec- (1) donation; War II Valor in the Pacific National Monu- tions 100751(a), 100752, 100753, and 102101 of (2) purchase from a willing seller with do- ment located in the State of California, as title 54, United States Code; and nated or appropriated funds; or established by Presidential Proclamation (ii) chapter 3201 of title 54, United States (3) exchange. 8327 (73 Fed. Reg. 75293; December 10, 2008), Code. (f) ADMINISTRATION.— are redesignated as the ‘‘Tule Lake National (B) PARTNERSHIPS.— (1) IN GENERAL.—The Secretary shall ad- Monument’’. (i) IN GENERAL.—The Secretary may enter minister the Monument in accordance with— (2) ADMINISTRATION.—The Secretary shall into agreements with, or acquire easements (A) this section; and administer the Tule Lake National Monu- from, the owners of property adjacent to the (B) the laws generally applicable to units ment in accordance with the provisions of Historic Site to provide public access to the of the National Park System, including— Presidential Proclamation 8327 (73 Fed. Reg. Historic Site. (i) section 100101(a), chapter 1003, and sec- 75293; December 10, 2008) applicable to the (ii) INTERPRETATION.—The Secretary may tions 100751(a), 100752, 100753, and 102101 of sites and resources in the State of California enter into cooperative agreements with gov- title 54, United States Code; and that are subject to that proclamation. ernmental and nongovernmental organiza- (ii) chapter 3201 of title 54, United States (3) REFERENCES.—Any reference in a law tions to provide for interpretation at the Code. (other than this section), regulation, docu- Historic Site. (2) MANAGEMENT PLAN.— ment, record, map, or other paper of the (C) SHARED RESOURCES.—To the maximum (A) IN GENERAL.—Not later than 3 years United States to resources in the State of extent practicable, the Secretary may use after the date on which funds are first made California included in the World War II the resources of the Pearl Harbor National available to the Secretary for this purpose, Valor in the Pacific National Monument Memorial to administer the Historic Site. the Secretary shall prepare a general man- shall be considered to be a reference to ‘‘Tule (4) ABOLISHMENT OF HONOULIULI NATIONAL agement plan for the Monument in accord- Lake National Monument’’. MONUMENT.— ance with section 100502 of title 54, United (c) ALEUTIAN ISLANDS WORLD WAR II NA- (A) IN GENERAL.—In light of the establish- States Code. TIONAL MONUMENT, ALASKA.— ment of the Honouliuli National Historic (B) SUBMISSION.—On completion of the gen- (1) IN GENERAL.—The areas of the World Site, the Honouliuli National Monument is eral management plan under subparagraph War II Valor in the Pacific National Monu- abolished and the lands and interests therein (A), the Secretary shall submit it to the ment located in the State of Alaska, as es- are incorporated within and made part of Committee on Natural Resources of the tablished by Presidential Proclamation 8327 Honouliuli National Historic Site. Any funds House of Representatives and the Committee (73 Fed. Reg. 75293; December 10, 2008), are re- available for purposes of Honouliuli National on Energy and Natural Resources of the Sen- designated as the ‘‘Aleutian Islands World Monument shall be available for purposes of ate. War II National Monument’’. the Historic Site. (g) AGREEMENTS.— (2) ADMINISTRATION.—The Secretary shall (B) REFERENCES.—Any references in law (1) MONUMENT.—The Secretary— administer the Aleutian Islands World War II (other than in this section), regulation, doc- (A) shall seek to enter into an agreement National Monument in accordance with the ument, record, map or other paper of the with the College to provide interpretive and provisions of Presidential Proclamation 8327 United States to Honouliuli National Monu- educational services relating to the Monu- (73 Fed. Reg. 75293; December 10, 2008) appli- ment shall be considered a reference to ment; and cable to the sites and resources in the State Honouliuli National Historic Site. (B) may enter into agreements with the of Alaska that are subject to that proclama- Subtitle D—New Units of the National Park College and other entities for the purposes of tion. System carrying out this section. (3) REFERENCES.—Any reference in a law SEC. 2301. MEDGAR AND MYRLIE EVERS HOME (2) HISTORIC DISTRICT.—The Secretary may (other than this section), regulation, docu- NATIONAL MONUMENT. enter into agreements with the owner of a ment, record, map, or other paper of the (a) DEFINITIONS.—In this section: nationally significant property within the United States to the sites and resources in (1) COLLEGE.—The term ‘‘College’’ means Historic District, to identify, mark, inter- the State of Alaska included in the World Tougaloo College, a private educational in- pret, and provide technical assistance with War II Valor in the Pacific National Monu- stitution located in Tougaloo, Mississippi. respect to the preservation and interpreta- ment shall be considered to be a reference to (2) HISTORIC DISTRICT.—The term ‘‘Historic tion of the property. the ‘‘Aleutian Islands World War II National District’’ means the Medgar Evers Historic SEC. 2302. MILL SPRINGS BATTLEFIELD NA- Monument’’. District, as included on the National Reg- TIONAL MONUMENT. (d) HONOULIULI NATIONAL HISTORIC SITE, ister of Historic Places, and as generally de- (a) DEFINITIONS.—In this section: HAWAI’I.— picted on the Map. (1) MAP.—The term ‘‘Map’’ means the map (1) DEFINITIONS.—In this subsection: (3) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Mill Springs Battlefield National (A) HISTORIC SITE.—The term ‘‘Historic entitled ‘‘Medgar and Myrlie Evers Home Na- Monument, Nancy, Kentucky’’, numbered Site’’ means the Honouliuli National His- tional Monument’’, numbered 515/142561, and 297/145513, and dated June 2018. toric Site established by paragraph (2)(A)(i). dated September 2018. (2) MONUMENT.—The term ‘‘Monument’’ (B) MAP.—The term ‘‘Map’’ means the map (4) MONUMENT.—The term ‘‘Monument’’ means the Mill Springs Battlefield National entitled ‘‘Honouliuli National Historic Site— means the Medgar and Myrlie Evers Home Monument established by subsection (b)(1). Proposed Boundary’’, numbered 680/139428, National Monument established by sub- (3) SECRETARY.—The term ‘‘Secretary’’ and dated June 2017. section (b). means the Secretary, acting through the Di- (2) HONOULIULI NATIONAL HISTORIC SITE.— (5) SECRETARY.—The term ‘‘Secretary’’ rector of the National Park Service. (A) ESTABLISHMENT.— means the Secretary, acting through the Di- (b) ESTABLISHMENT.— (i) IN GENERAL.—There is established the rector of the National Park Service. (1) IN GENERAL.—Subject to paragraph (2), Honouliuli National Historic Site in the (b) ESTABLISHMENT.— there is established as a unit of the National State of Hawai’i as a unit of the National (1) IN GENERAL.—Subject to paragraph (2), Park System, the Mill Springs Battlefield Park System. there is established the Medgar and Myrlie National Monument in the State of Ken- (ii) BOUNDARIES.—The boundaries of the Evers Home National Monument in the State tucky, to preserve, protect, and interpret for Historic Site shall be the boundaries gen- of Mississippi as a unit of the National Park the benefit of present and future genera- erally depicted on the Map. System to preserve, protect, and interpret tions— (iii) AVAILABILITY OF MAP.—The Map shall for the benefit of present and future genera- (A) the nationally significant historic re- be on file and available for public inspection tions resources associated with the pivotal sources of the Mill Springs Battlefield; and in appropriate offices of the National Park roles of Medgar and Myrlie Evers in the (B) the role of the Mill Springs Battlefield Service. American Civil Rights Movement. in the Civil War.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1241

(2) DETERMINATION BY THE SECRETARY.—The of Camp Nelson and the role of Camp Nelson (1) in subparagraph (A), by inserting ‘‘and’’ Monument shall not be established until the in the American Civil War, Reconstruction, after the semicolon; date on which the Secretary determines that and African American history and civil (2) by striking subparagraph (B); and a sufficient quantity of land or interests in rights. (3) by redesignating subparagraph (C) as land has been acquired to constitute a man- (2) CONDITIONS.—The Monument shall not subparagraph (B). ageable park unit. be established until after the Secretary— (c) APPLICABLE LAW.—Section 3 of the (3) NOTICE.—Not later than 30 days after (A) has entered into a written agreement Denali National Park Improvement Act the date on which the Secretary makes a de- with the owner of any private or non-Federal (Public Law 113–33; 127 Stat. 515) is amended termination under paragraph (2), the Sec- land within the boundary of the Monument, by adding at the end the following: retary shall publish in the Federal Register as depicted on the Map, providing that the ‘‘(d) APPLICABLE LAW.—A high pressure gas notice of the establishment of the Monu- property shall be donated to the United transmission pipeline (including appur- ment. States for inclusion in the Monument, to be tenances) in a nonwilderness area within the (4) BOUNDARY.—The boundary of the Monu- managed consistently with the purposes of boundary of the Park, shall not be subject to ment shall be as generally depicted on the the Monument; and title XI of the Alaska National Interest Map. (B) has determined that sufficient land or Lands Conservation Act (16 U.S.C. 3161 et (5) AVAILABILITY OF MAP.—The Map shall interests in land have been acquired within seq.).’’. be on file and available for public inspection the boundary of the Monument to constitute in the appropriate offices of the National a manageable unit. SEC. 2402. HISTORICALLY BLACK COLLEGES AND Park Service. (c) BOUNDARIES.—The boundaries of the UNIVERSITIES HISTORIC PRESERVA- (6) ACQUISITION AUTHORITY.—The Secretary Monument shall be the boundaries generally TION PROGRAM REAUTHORIZED. may only acquire land or an interest in land depicted on the Map. Section 507(d)(2) of the Omnibus Parks and located within the boundary of the Monu- (d) AVAILABILITY OF MAP.—The Map shall Public Lands Management Act of 1996 (54 ment by— be on file and available for public inspection U.S.C. 302101 note) is amended by striking (A) donation; in the appropriate offices of the National the period at the end and inserting ‘‘and (B) purchase from a willing seller with do- Park Service. each of fiscal years 2019 through 2025.’’. nated or appropriated funds; or (e) ACQUISITION AUTHORITY.—The Secretary (C) exchange. SEC. 2402A. JOHN H. CHAFEE COASTAL BARRIER may only acquire any land or interest in RESOURCES SYSTEM. (c) ADMINISTRATION.— land located within the boundary of the (1) IN GENERAL.—The Secretary shall ad- Monument by donation, purchase with do- (a) IN GENERAL.—Section 2(b) of the minister the Monument in accordance with— nated or appropriated funds, or exchange. Strengthening Coastal Communities Act of (A) this section; and (f) ADMINISTRATION.— 2018 (Public Law 115–358) is amended by add- (B) the laws generally applicable to units (1) IN GENERAL.—The Secretary shall ad- ing at the end the following: of the National Park System, including— minister the Monument in accordance with— ‘‘(36) The map entitled ‘Cape San Blas Unit (i) section 100101(a), chapter 1003, and sec- (A) this section; P30/P30P (1 of 2)’ and dated December 19, tions 100751(a), 100752, 100753, and 102101 of (B) Presidential Proclamation 9811 (83 Fed. 2018, with respect to Unit P30 and Unit P30P. title 54, United States Code; and Reg. 54845 (October 31, 2018)); and ‘‘(37) The map entitled ‘Cape San Blas Unit (ii) chapter 3201 of title 54, United States (C) the laws generally applicable to units P30/P30P (2 of 2)’ and dated December 19, Code. of the National Park System, including— 2018, with respect to Unit P30 and Unit (2) MANAGEMENT PLAN.— (i) section 100101(a), chapter 1003, and sec- P30P.’’. (A) IN GENERAL.—Not later than 3 years tions 100751(a), 100752, 100753, and 102101 of (b) EFFECT.—Section 7003 shall have no after the date on which funds are first made title 54, United States Code; and force or effect. available to prepare a general management (ii) chapter 3201 of title 54, United States SEC. 2403. AUTHORIZING COOPERATIVE MANAGE- plan for the Monument, the Secretary shall Code. MENT AGREEMENTS BETWEEN THE prepare the general management plan in ac- (2) MANAGEMENT PLAN.— DISTRICT OF COLUMBIA AND THE cordance with section 100502 of title 54, (A) IN GENERAL.—Not later than 3 years SECRETARY OF THE INTERIOR. United States Code. after the date on which funds are first made The Secretary may enter into a coopera- (B) SUBMISSION TO CONGRESS.—On comple- available to the Secretary for the prepara- tive management agreement with the Dis- tion of the general management plan, the tion of a general management plan for the trict of Columbia in accordance with section Secretary shall submit to the Committee on Monument, the Secretary shall prepare a 101703 of title 54, United States Code. Natural Resources of the House of Rep- general management plan for the Monument resentatives and the Committee on Energy in accordance with section 100502 of title 54, SEC. 2404. FEES FOR MEDICAL SERVICES. and Natural Resources of the Senate the gen- United States Code. (a) FEES AUTHORIZED.—The Secretary may eral management plan. (B) SUBMISSION TO CONGRESS.—On comple- establish and collect fees for medical serv- (d) PRIVATE PROPERTY PROTECTION.—Noth- tion of the general management plan, the ices provided to persons in units of the Na- ing in this section affects the land use rights Secretary shall submit to the Committee on tional Park System or for medical services of private property owners within or adja- Energy and Natural Resources of the Senate provided by National Park Service personnel cent to the Monument. and the Committee on Natural Resources of outside units of the National Park System. (e) NO BUFFER ZONES.— the House of Representatives the general (b) NATIONAL PARK MEDICAL SERVICES (1) IN GENERAL.—Nothing in this section management plan. creates a protective perimeter or buffer zone FUND.—There is established in the Treasury (g) NO BUFFER ZONES.— around the Monument. a fund, to be known as the ‘‘National Park (1) IN GENERAL.—Nothing in this section Medical Services Fund’’ (referred to in this (2) ACTIVITIES OUTSIDE NATIONAL MONU- creates a protective perimeter or buffer zone section as the ‘‘Fund’’). The Fund shall con- MENT.—The fact that an activity or use on around the Monument. land outside the Monument can be seen or sist of— (2) ACTIVITIES OUTSIDE NATIONAL MONU- heard within the Monument shall not pre- (1) donations to the Fund; and MENT.—The fact that an activity or use on clude the activity or use outside the bound- (2) fees collected under subsection (a). land outside the Monument can be seen or ary of the Monument. (c) AVAILABILITY OF AMOUNTS.—All heard within the Monument shall not pre- amounts deposited into the Fund shall be SEC. 2303. CAMP NELSON HERITAGE NATIONAL clude the activity or use outside the bound- MONUMENT. available to the Secretary, to the extent pro- ary of the Monument. (a) DEFINITIONS.—In this section: vided in advance by Acts of appropriation, (h) CONFLICTS.—If there is conflict between (1) MAP.—The term ‘‘Map’’ means the map for the following in units of the National this section and Proclamation 9811 (83 Fed. entitled ‘‘Camp Nelson Heritage National Park System: Reg. 54845; October 31, 2018), this section Monument Nicholasville, Kentucky’’, num- (1) Services listed in subsection (a). shall control. bered 532/144,148, and dated April 2018. (2) Preparing needs assessments or other (2) MONUMENT.—The term ‘‘Monument’’ Subtitle E—National Park System programmatic analyses for medical facili- means the Camp Nelson Heritage National Management ties, equipment, vehicles, and other needs Monument established by subsection (b)(1). SEC. 2401. DENALI NATIONAL PARK AND PRE- and costs of providing services listed in sub- (3) SECRETARY.—The term ‘‘Secretary’’ SERVE NATURAL GAS PIPELINE. section (a). means the Secretary, acting through the Di- (a) PERMIT.—Section 3(b)(1) of the Denali (3) Developing management plans for med- rector of the National Park Service. National Park Improvement Act (Public Law ical facilities, equipment, vehicles, and other (b) ESTABLISHMENT.— 113–33; 127 Stat. 516) is amended by striking needs and costs of services listed in sub- (1) IN GENERAL.—Subject to paragraph (2), ‘‘within, along, or near the approximately 7- section (a). there is established, as a unit of the National mile segment of the George Parks Highway (4) Training related to providing services Park System, the Camp Nelson Heritage Na- that runs through the Park’’. listed in subsection (a). tional Monument in the State of Kentucky, (b) TERMS AND CONDITIONS.—Section 3(c)(1) (5) Obtaining or improving medical facili- to preserve, protect, and interpret for the of the Denali National Park Improvement ties, equipment, vehicles, and other needs benefit of present and future generations, Act (Public Law 113–33; 127 Stat. 516) is and costs of providing services listed in sub- the nationally significant historic resources amended— section (a).

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1242 CONGRESSIONAL RECORD — SENATE February 12, 2019 SEC. 2405. AUTHORITY TO GRANT EASEMENTS this section as the Commission considers ad- be amended to exclude any obligations of the AND RIGHTS-OF-WAY OVER FEDERAL visable from funds appropriated or received State and the Department of the Interior re- LANDS WITHIN GATEWAY NATIONAL as gifts for that purpose; lated to the Laboratory and associated prop- RECREATION AREA. (2) accept gifts, including funds from the erty and improvements transferred to the Section 3 of Public Law 92–592 (16 U.S.C. Adams Memorial Foundation, to be used in National Oceanic and Atmospheric Adminis- 460cc–2) is amended by adding at the end the carrying out this section or to be used in tration. However, all obligations of the State following: connection with the construction or other to rehabilitate Building 74 and modify land- ‘‘(j) AUTHORITY TO GRANT EASEMENTS AND RIGHTS-OF-WAY.— expenses of the memorial; and scaping on the surrounding property as de- ‘‘(1) IN GENERAL.—The Secretary of the In- (3) hold hearings, enter into contracts for picted on the Map, under the Lease and pur- terior may grant, to any State or local gov- personal services and otherwise, and do such suant to subsection (a), shall remain in full ernment, an easement or right-of-way over other things as are necessary to carry out force and effect. Federal lands within Gateway National this section. ‘‘(3) USE BY THE NATIONAL OCEANIC AND AT- EPORTS.—The Commission shall— Recreation Area for construction, operation, (j) R MOSPHERIC ADMINISTRATION.—Upon the trans- (1) report the plans required by subsection and maintenance of projects for control and fer authorized in paragraph (1), the Adminis- (h), together with recommendations, to the prevention of flooding and shoreline erosion. trator of the National Oceanic and Atmos- President and the Congress at the earliest ‘‘(2) CHARGES AND REIMBURSEMENT OF pheric Administration is authorized to use practicable date; and COSTS.—The Secretary may grant such an the land generally depicted on the Map as a easement or right-of-way without charge for (2) in the interim, make annual reports on land assignment and right of way and associ- the value of the right so conveyed, except for its progress to the President and the Con- ated land and appurtenances for continued reimbursement of costs incurred by the gress. use of the Laboratory, including providing (k) APPLICABILITY OF OTHER LAWS.—The United States for processing the application maintenance and repair, and access to the Federal Advisory Committee Act (5 U.S.C. therefore and managing such right. Amounts Laboratory, the parking lots and the sea- App.) shall not apply to the Commission. received as such reimbursement shall be water supply and back flow pipes, without (l) TERMINATION.—The Commission shall consideration, except for reimbursement to credited to the relevant appropriation ac- terminate on December 2, 2025. count.’’. the National Park Service of agreed upon (m) AMENDMENTS TO PUBLIC LAW 107–62.— reasonable actual costs of subsequently pro- SEC. 2406. ADAMS MEMORIAL COMMISSION. (1) REFERENCES TO COMMISSION.—Public vided goods and services. (a) COMMISSION.—There is established a Law 107–62 (115 Stat. 411) is amended by ‘‘(4) AGREEMENT BETWEEN THE NATIONAL commission to be known as the ‘‘Adams Me- striking ‘‘Adams Memorial Foundation’’ morial Commission’’ (referred to in this sec- PARK SERVICE AND THE NATIONAL OCEANIC AND each place it occurs and inserting ‘‘Adams ATMOSPHERIC ADMINISTRATION.—Upon the tion as the ‘‘Commission’’) for the purpose of Memorial Commission’’. establishing a permanent memorial to honor transfer authorized in paragraph (1), the Di- (2) EXTENSION OF AUTHORIZATION.—Section rector of the National Park Service and the John Adams and his legacy as authorized by 1(c) of Public Law 107–62 (115 Stat. 411; 124 Public Law 107–62 (115 Stat. 411), located in Administrator of the National Oceanic and Stat. 1192; 127 Stat. 3880) is amended by Atmospheric Administration shall enter into the city of Washington, District of Columbia, striking ‘‘2020’’ and inserting ‘‘2025’’. including sites authorized by Public Law 107– an agreement addressing responsibilities per- SEC. 2407. TECHNICAL CORRECTIONS TO REF- 315 (116 Stat. 2763). taining to the use of the land assignment ERENCES TO THE AFRICAN AMER- within the Sandy Hook Unit of the Gateway (b) MEMBERSHIP.—The Commission shall be ICAN CIVIL RIGHTS NETWORK. National Recreation Area as authorized in composed of— (a) CHAPTER AMENDMENTS.—Chapter 3084 of paragraph (3). The agreement shall prohibit (1) 4 persons appointed by the President, title 54, United States Code, is amended by any new construction on this land, perma- not more than 2 of whom may be members of striking ‘‘U.S. Civil Rights Network’’ each nent or nonpermanent, or significant alter- the same political party; place it appears and inserting ‘‘African ation to the exterior of the Laboratory, (2) 4 Members of the Senate appointed by American Civil Rights Network’’ (using iden- without National Park Service approval. the President pro tempore of the Senate in tical font as used in the text being replaced). ‘‘(5) RESTORATION.— consultation with the Majority Leader and (b) AMENDMENTS TO LIST OF ITEMS.—The Minority Leader of the Senate, of which not list of items of title 54, United States Code, ‘‘(A) Notwithstanding any provision of the more than 2 appointees may be members of is amended by striking ‘‘U.S. Civil Rights Lease to the contrary, if the State does not the same political party; and Network’’ each place it appears and inserting transfer the improvements as authorized in (3) 4 Members of the House of Representa- ‘‘African American Civil Rights Network’’ paragraph (1), and these improvements are tives appointed by the Speaker of the House (using identical font as used in the text not used as or in support of a marine science of Representatives in consultation with the being replaced). laboratory, the State shall demolish and re- Majority Leader and Minority Leader of the (c) REFERENCES.—Any reference in any law move the improvements and restore the land House of Representatives, of which not more (other than in this section), regulation, doc- in accordance with the standards set forth than 2 appointees may be members of the ument, record, map, or other paper of the by the National Park Service, free of unac- same political party. United States to the ‘‘U.S. Civil Rights Net- ceptable encumbrances and in compliance (c) CHAIR AND VICE CHAIR.—The members of work’’ shall be considered to be a reference with all applicable laws and regulations re- the Commission shall select a Chair and Vice to the ‘‘African American Civil Rights Net- garding known contaminants. Chair of the Commission. The Chair and Vice work’’. ‘‘(B) If the National Oceanic and Atmos- Chair shall not be members of the same po- pheric Administration accepts the improve- SEC. 2408. TRANSFER OF THE JAMES J. HOWARD litical party. MARINE SCIENCES LABORATORY. ments as authorized in paragraph (1) and (d) VACANCIES.—Any vacancy in the Com- Section 7 of Public Law 100–515 (16 U.S.C. these improvements are not used as or in mission shall not affect its powers if a 1244 note) is amended by striking subsection support of a marine science laboratory, the quorum is present, but shall be filled in the (b) and inserting the following: National Oceanic and Atmospheric Adminis- same manner as the original appointment. ‘‘(b) TRANSFER FROM THE STATE TO THE NA- tration shall be responsible for demolishing (e) MEETINGS.— TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- and removing these improvements and re- (1) INITIAL MEETING.—Not later than 45 TRATION.— storing the land, in accordance with the days after the date on which a majority of ‘‘(1) IN GENERAL.—Notwithstanding any standards set forth by the National Park the members of the Commission have been other provision of law, or the provisions of Service, free of unacceptable encumbrances appointed, the Commission shall hold its the August 13, 1991, Ground Lease Agreement and in compliance with all applicable laws first meeting. (‘Lease’) between the Department of the In- and regulations regarding known contami- (2) SUBSEQUENT MEETINGS.—The Commis- terior and the State of New Jersey (‘State’), nants.’’. sion shall meet at the call of the Chair. upon notice to the National Park Service, SEC. 2409. BOWS IN PARKS. UORUM (f) Q .—A majority of the members of (a) IN GENERAL.—Chapter 1049 of title 54, the Commission shall constitute a quorum the State may transfer without consider- ation, and the National Oceanic and Atmos- United States Code, is amended by adding at but a lesser number of members may hold the end the following: hearings. pheric Administration may accept, all State (g) NO COMPENSATION.—A member of the improvements within the land assignment ‘‘§ 104908. Bows in parks Commission shall serve without compensa- and right of way, including the James J. ‘‘(a) DEFINITION OF NOT READY FOR IMME- tion, but may be reimbursed for expenses in- Howard Marine Sciences Laboratory (‘Lab- DIATE USE.—The term ‘not ready for imme- curred in carrying out the duties of the Com- oratory’), two parking lots, and the seawater diate use’ means— mission. supply and backflow pipes as generally de- ‘‘(1) a bow or crossbow, the arrows of which (h) DUTIES.—The Commission shall con- picted on the map entitled ‘Gateway Na- are secured or stowed in a quiver or other sider and formulate plans for a permanent tional Recreation Area, James J. Howard arrow transport case; and memorial to honor John Adams and his leg- Marine Science Laboratory Land Assign- ‘‘(2) with respect to a crossbow, uncocked. acy, including the nature, location, design, ment’, numbered 646/142,581A, and dated ‘‘(b) VEHICULAR TRANSPORTATION AUTHOR- and construction of the memorial. April 2018 (‘Map’) and any related State per- IZED.—The Director shall not promulgate or (i) POWERS.—The Commission may— sonal property. enforce any regulation that prohibits an in- (1) make such expenditures for services and ‘‘(2) LEASE AMENDMENT.—Upon the transfer dividual from transporting bows and cross- materials for the purpose of carrying out authorized in paragraph (1), the Lease shall bows that are not ready for immediate use

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1243 across any System unit in the vehicle of the ‘‘(B) for consideration in an amount equal tional Seashore in California, as generally individual if— to the fair market value of the reversionary described in volume 2 of the National Park ‘‘(1) the individual is not otherwise prohib- interest, as determined based on an appraisal Service feasibility study dated June 1995. ited by law from possessing the bows and that is conducted in accordance with— (b) SIGNAGE AUTHORIZED.—As soon as prac- crossbows; ‘‘(i) the Uniform Appraisal Standards for ticable after the date on which signage ac- ‘‘(2) the bows or crossbows that are not Federal Land Acquisitions; and ceptable to the Secretary concerned is do- ready for immediate use remain inside the ‘‘(ii) the Uniform Standards of Professional nated to the United States for placement on vehicle of the individual throughout the pe- Appraisal Practice. Federal land at points along the Trail, the riod during which the bows or crossbows are ‘‘(3) EXECUTION OF AGREEMENTS.—The Sec- Secretary concerned shall place the signage transported across System land; and retary shall execute appropriate instruments on the Federal land. ‘‘(3) the possession of the bows and cross- to carry out an agreement entered into (c) NO FEDERAL FUNDS.—No Federal funds bows is in compliance with the law of the under paragraph (1). may be used to acquire signage authorized State in which the System unit is located.’’. ‘‘(4) EFFECT ON PRIOR AGREEMENT.—Effec- for placement under subsection (b). (b) CLERICAL AMENDMENT.—The table of tive on the date on which the Secretary has SEC. 2504. PIKE NATIONAL HISTORIC TRAIL sections for chapter 1049 of title 54, United executed instruments under paragraph (3) STUDY. States Code, is amended by inserting after and all Federal interests in the land and Section 5(c) of the National Trails System the item relating to section 104907 the fol- properties acquired under this Act have been Act (16 U.S.C. 1244(c)) is amended by adding lowing: conveyed, the agreement between the Na- at the end the following: ‘‘104908. Bows in parks.’’. tional Park Service and the State Historical ‘‘(46) PIKE NATIONAL HISTORIC TRAIL.—The SEC. 2410. WILDLIFE MANAGEMENT IN PARKS. Society of Iowa, dated July 21, 1995, and en- Pike National Historic Trail, a series of (a) IN GENERAL.—Chapter 1049 of title 54, tered into under subsection (d), shall have no routes extending approximately 3,664 miles, United States Code (as amended by section force or effect.’’. which follows the route taken by Lt. Zebulon 2409(a)), is amended by adding at the end the SEC. 2412. DESIGNATION OF DEAN STONE Montgomery Pike during the 1806–1807 Pike following: BRIDGE. expedition that began in Fort Bellefontaine, ‘‘§ 104909. Wildlife management in parks (a) DESIGNATION.—The bridge located in Missouri, extended through portions of the Blount County, Tennessee, on the Foothills States of Kansas, Nebraska, Colorado, New ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the Parkway (commonly known as ‘‘Bridge 2’’) Mexico, and Texas, and ended in Secretary determines it is necessary to re- shall be known and designated as the ‘‘Dean Natchitoches, Louisiana.’’. duce the size of a wildlife population on Sys- Stone Bridge’’. tem land in accordance with applicable law TITLE III—CONSERVATION (b) REFERENCES.—Any reference in a law, (including regulations), the Secretary may AUTHORIZATIONS map, regulation, document, paper, or other use qualified volunteers to assist in carrying SEC. 3001. REAUTHORIZATION OF LAND AND record of the United States to the bridge re- out wildlife management on System land. WATER CONSERVATION FUND. ferred to in subsection (a) shall be deemed to ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN- (a) IN GENERAL.—Section 200302 of title 54, be a reference to the ‘‘Dean Stone Bridge’’. TEERS.—Qualified volunteers providing as- United States Code, is amended— sistance under subsection (a) shall be subject Subtitle F—National Trails and Related (1) in subsection (b), in the matter pre- to— Matters ceding paragraph (1), by striking ‘‘During ‘‘(1) any training requirements or quali- SEC. 2501. NORTH COUNTRY SCENIC TRAIL the period ending September 30, 2018, there’’ fications established by the Secretary; and ROUTE ADJUSTMENT. and inserting ‘‘There’’; and ‘‘(2) any other terms and conditions that Section 5(a)(8) of the National Trails Sys- (2) in subsection (c)(1), by striking the Secretary may require. tem Act (16 U.S.C. 1244(a)(8)) is amended in ‘‘through September 30, 2018’’. ‘‘(c) DONATIONS.—The Secretary may au- the first sentence— (b) ALLOCATION OF FUNDS.—Section 200304 thorize the donation and distribution of (1) by striking ‘‘thirty two hundred miles, of title 54, United States Code, is amended— meat from wildlife management activities extending from eastern New York State’’ and (1) by striking the second sentence; carried out under this section, including the inserting ‘‘4,600 miles, extending from the (2) by striking ‘‘There’’ and inserting the donation and distribution to Indian Tribes, Appalachian Trail in Vermont’’; and following: qualified volunteers, food banks, and other (2) by striking ‘‘Proposed North Country ‘‘(a) IN GENERAL.—There’’; and organizations that work to address hunger, Trail’’ and all that follows through ‘‘June (3) by adding at the end the following: in accordance with applicable health guide- 1975.’’ and inserting ‘‘ ‘North Country Na- ‘‘(b) ALLOCATION OF FUNDS.—Of the total lines and such terms and conditions as the tional Scenic Trail, Authorized Route’, dated amount made available to the Fund through Secretary may require.’’. February 2014, and numbered 649/116870.’’. appropriations or deposited in the Fund (b) CLERICAL AMENDMENT.—The table of SEC. 2502. EXTENSION OF LEWIS AND CLARK NA- under section 105(a)(2)(B) of the Gulf of Mex- sections for chapter 1049 of title 54 (as TIONAL HISTORIC TRAIL. ico Energy Security Act of 2006 (43 U.S.C. amended by section 2409(b)), United States (a) EXTENSION.—Section 5(a)(6) of the Na- 1331 note; Public Law 109–432)— Code, is amended by inserting after the item tional Trails System Act (16 U.S.C. 1244(a)(6)) ‘‘(1) not less than 40 percent shall be used relating to section 104908 the following: is amended— for Federal purposes; and ‘‘104909. Wildlife management in parks.’’. (1) by striking ‘‘three thousand seven hun- ‘‘(2) not less than 40 percent shall be used SEC. 2411. POTTAWATTAMIE COUNTY REVER- dred’’ and inserting ‘‘4,900’’; to provide financial assistance to States.’’. SIONARY INTEREST. (2) by striking ‘‘Wood River, Illinois,’’ and (c) PARITY FOR TERRITORIES AND THE DIS- Section 2 of Public Law 101–191 (103 Stat. inserting ‘‘the Ohio River in Pittsburgh, TRICT OF COLUMBIA.—Section 200305(b) of title 1697) is amended by adding at the end the fol- Pennsylvania,’’; and 54, United States Code, is amended by strik- lowing: (3) by striking ‘‘maps identified as, ‘Vicin- ing paragraph (5). ‘‘(g) CONVEYANCE OF REVERSIONARY INTER- ity Map, Lewis and Clark Trail’ study report (d) RECREATIONAL PUBLIC ACCESS.—Section EST.— dated April 1977.’’ and inserting ‘‘the map en- 200306 of title 54, United States Code, is ‘‘(1) IN GENERAL.—If the Secretary deter- titled ‘Lewis and Clark National Historic amended by adding at the end the following: mines that it is no longer in the public inter- Trail Authorized Trail Including Proposed ‘‘(c) RECREATIONAL PUBLIC ACCESS.— est to operate and maintain the center, sub- Eastern Legacy Extension’, dated April 2018, ‘‘(1) IN GENERAL.—Of the amounts made ject to paragraph (2), the Secretary may and numbered 648/143721.’’. available for expenditure in any fiscal year enter into 1 or more agreements— (b) EFFECTIVE DATE.—The amendments under section 200303, there shall be made ‘‘(A) to convey the reversionary interest made by subsection (a) shall take effect on available for recreational public access held by the United States and described in the date that is 60 days after the date of en- projects identified on the priority list devel- the quitclaim deed dated April 13, 1998, in- actment of this Act. oped under paragraph (2) not less than the strument number 19170, and as recorded in SEC. 2503. AMERICAN DISCOVERY TRAIL SIGN- greater of— book 98, page 55015, in Pottawattamie Coun- AGE. ‘‘(A) an amount equal to 3 percent of those ty, Iowa (referred to in this subsection as the (a) DEFINITIONS.—In this section: amounts; or ‘deed’); and (1) SECRETARY CONCERNED.—The term ‘‘Sec- ‘‘(B) $15,000,000. ‘‘(B) to extinguish the requirement in the retary concerned’’ means— ‘‘(2) PRIORITY LIST.—The Secretary and the deed that alterations to structures on the (A) the Secretary, with respect to Federal Secretary of Agriculture, in consultation property may not be made without the au- land under the jurisdiction of the Secretary; with the head of each affected Federal agen- thorization of the Secretary. or cy, shall annually develop a priority list for ‘‘(2) CONSIDERATION.—A reversionary inter- (B) the Secretary of Agriculture, with re- projects that, through acquisition of land (or est may be conveyed under paragraph spect to Federal land under the jurisdiction an interest in land), secure recreational pub- (1)(A)— of the Secretary of Agriculture. lic access to Federal land under the jurisdic- ‘‘(A) without consideration, if the land sub- (2) TRAIL.—The term ‘‘Trail’’ means the tion of the applicable Secretary for hunting, ject to the reversionary interest is required trail known as the ‘‘American Discovery fishing, recreational shooting, or other out- to be used in perpetuity for public rec- Trail’’, which consists of approximately 6,800 door recreational purposes.’’. reational, educational, or similar purposes; miles of trails extending from Cape Henlopen (e) ACQUISITION CONSIDERATIONS.—Section or State Park in Delaware to Point Reyes Na- 200306 of title 54, United States Code (as

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1244 CONGRESSIONAL RECORD — SENATE February 12, 2019 amended by subsection (d)), is amended by Subtitle B—Sportsmen’s Access to Federal ‘‘Federal Lands Hunting, Fishing, and Shoot- adding at the end the following: Land ing Sports Roundtable Memorandum of Un- ‘‘(d) ACQUISITION CONSIDERATIONS.—In de- SEC. 4101. DEFINITIONS. derstanding’’; and termining whether to acquire land (or an in- In this subtitle: (III) that describes— terest in land) under this section, the Sec- (1) FEDERAL LAND.—The term ‘‘Federal (aa) the proposed closure; and retary and the Secretary of Agriculture shall land’’ means— (bb) the justification for the proposed clo- take into account— (A) any land in the National Forest Sys- sure, including an explanation of the reasons ‘‘(1) the significance of the acquisition; tem (as defined in section 11(a) of the Forest and necessity for the decision to close the ‘‘(2) the urgency of the acquisition; and Rangeland Renewable Resources Plan- area to hunting, fishing, or recreational ‘‘(3) management efficiencies; ning Act of 1974 (16 U.S.C. 1609(a))) that is ad- shooting; and ‘‘(4) management cost savings; ministered by the Secretary of Agriculture, (ii) an opportunity for public comment for ‘‘(5) geographic distribution; acting through the Chief of the Forest Serv- a period of— ‘‘(6) threats to the integrity of the land; ice; and (I) not less than 60 days for a permanent and (B) public lands (as defined in section 103 of closure; or ‘‘(7) the recreational value of the land.’’. the Federal Land Policy and Management (II) not less than 30 days for a temporary SEC. 3002. CONSERVATION INCENTIVES LAND- Act of 1976 (43 U.S.C. 1702)), the surface of closure. OWNER EDUCATION PROGRAM. which is administered by the Secretary, act- (B) FINAL DECISION.—In a final decision to (a) IN GENERAL.—Not later than 1 year ing through the Director of the Bureau of permanently or temporarily close an area to after the date of enactment of this Act, the Land Management. hunting, fishing, or recreation shooting, the Secretary shall establish a conservation in- (2) SECRETARY CONCERNED.—The term ‘‘Sec- Secretary concerned shall— centives landowner education program (re- retary concerned’’ means— (i) respond in a reasoned manner to the ferred to in this section as the ‘‘program’’). (A) the Secretary of Agriculture, with re- comments received; (b) PURPOSE OF PROGRAM.—The program spect to land described in paragraph (1)(A); (ii) explain how the Secretary concerned shall provide information on Federal con- and resolved any significant issues raised by the servation programs available to landowners (B) the Secretary, with respect to land de- comments; and interested in undertaking conservation ac- scribed in paragraph (1)(B). (iii) show how the resolution led to the clo- tions on the land of the landowners, includ- sure. ing options under each conservation program SEC. 4102. FEDERAL LAND OPEN TO HUNTING, FISHING, AND RECREATIONAL (c) TEMPORARY CLOSURES.— available to achieve the conservation goals SHOOTING. (1) IN GENERAL.—A temporary closure of the program, such as— (a) IN GENERAL.—Subject to subsection (b), under this section may not exceed a period of (1) fee title land acquisition; Federal land shall be open to hunting, fish- 180 days. (2) donation; and ing, and recreational shooting, in accordance (2) RENEWAL.—Except in an emergency, a (3) perpetual and term conservation ease- with applicable law, unless the Secretary temporary closure for the same area of land ments or agreements. concerned closes an area in accordance with closed to the same activities— (c) AVAILABILITY.—The Secretary shall en- section 4103. (A) may not be renewed more than 3 times sure that the information provided under the (b) EFFECT OF PART.—Nothing in this sub- after the first temporary closure; and program is made available to— title opens to hunting, fishing, or rec- (B) must be subject to a separate notice (1) interested landowners; and reational shooting any land that is not open and comment procedure in accordance with (2) the public. to those activities as of the date of enact- subsection (b)(2). (d) NOTIFICATION.—In any case in which the ment of this Act. (3) EFFECT OF TEMPORARY CLOSURE.—Any Secretary contacts a landowner directly Federal land that is temporarily closed to SEC. 4103. CLOSURE OF FEDERAL LAND TO HUNT- about participation in a Federal conserva- hunting, fishing, or recreational shooting tion program, the Secretary shall, in writ- ING, FISHING, AND RECREATIONAL SHOOTING. under this section shall not become perma- ing— (a) AUTHORIZATION.— nently closed to that activity without a sep- (1) notify the landowner of the program; (1) IN GENERAL.—Subject to paragraph (2) arate public notice and opportunity to com- and and in accordance with section 302(b) of the ment in accordance with subsection (b)(2). (2) make available information on the con- Federal Land Policy and Management Act of (d) REPORTING.—On an annual basis, the servation program options that may be 1976 (43 U.S.C. 1732(b)), the Secretary con- Secretaries concerned shall— available to the landowner. cerned may designate any area on Federal (1) publish on a public website a list of all TITLE IV—SPORTSMEN’S ACCESS AND land in which, and establish any period dur- areas of Federal land temporarily or perma- RELATED MATTERS ing which, for reasons of public safety, ad- nently subject to a closure under this sec- Subtitle A—National Policy ministration, or compliance with applicable tion; and SEC. 4001. CONGRESSIONAL DECLARATION OF laws, no hunting, fishing, or recreational (2) submit to the Committee on Energy and NATIONAL POLICY. shooting shall be permitted. Natural Resources and the Committee on (a) IN GENERAL.—Congress declares that it (2) REQUIREMENT.—In making a designation Agriculture, Nutrition, and Forestry of the is the policy of the United States that Fed- under paragraph (1), the Secretary concerned Senate and the Committee on Natural Re- eral departments and agencies, in accord- shall designate the smallest area for the sources and the Committee on Agriculture of ance with the missions of the departments least amount of time that is required for the House of Representatives a report that and agencies, Executive Orders 12962 and public safety, administration, or compliance identifies— 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. with applicable laws. (A) a list of each area of Federal land tem- Reg. 46537 (August 16, 2007)), and applicable (b) CLOSURE PROCEDURES.— porarily or permanently subject to a closure; law, shall— (1) IN GENERAL.—Except in an emergency, (B) the acreage of each closure; and (1) facilitate the expansion and enhance- before permanently or temporarily closing (C) a survey of— ment of hunting, fishing, and recreational any Federal land to hunting, fishing, or rec- (i) the aggregate areas and acreage closed shooting opportunities on Federal land, in reational shooting, the Secretary concerned under this section in each State; and consultation with the Wildlife and Hunting shall— (ii) the percentage of Federal land in each Heritage Conservation Council, the Sport (A) consult with State fish and wildlife State closed under this section with respect Fishing and Boating Partnership Council, agencies; and to hunting, fishing, and recreational shoot- State and Tribal fish and wildlife agencies, (B) provide public notice and opportunity ing. and the public; for comment under paragraph (2). (e) APPLICATION.—This section shall not (2) conserve and enhance aquatic systems (2) PUBLIC NOTICE AND COMMENT.— apply if the closure is— and the management of game species and the (A) IN GENERAL.—Public notice and com- (1) less than 14 days in duration; and habitat of those species on Federal land, in- ment shall include— (2) covered by a special use permit. cluding through hunting and fishing, in a (i) a notice of intent— SEC. 4104. SHOOTING RANGES. manner that respects— (I) published in advance of the public com- (a) IN GENERAL.—Except as provided in (A) State management authority over ment period for the closure— subsection (b), the Secretary concerned may, wildlife resources; and (aa) in the Federal Register; in accordance with this section and other ap- (B) private property rights; and (bb) on the website of the applicable Fed- plicable law, lease or permit the use of Fed- (3) consider hunting, fishing, and rec- eral agency; eral land for a shooting range. reational shooting opportunities as part of (cc) on the website of the Federal land (b) EXCEPTION.—The Secretary concerned all Federal plans for land, resource, and trav- unit, if available; and shall not lease or permit the use of Federal el management. (dd) in at least 1 local newspaper; land for a shooting range within— (b) EXCLUSION.—In this title, the term (II) made available in advance of the public (1) a component of the National Landscape ‘‘fishing’’ does not include commercial fish- comment period to local offices, chapters, Conservation System; ing in which fish are harvested, either in and affiliate organizations in the vicinity of (2) a component of the National Wilderness whole or in part, that are intended to enter the closure that are signatories to the Preservation System; commerce through sale. memorandum of understanding entitled (3) any area that is—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1245

(A) designated as a wilderness study area; (3) CONSIDERATIONS.—In preparing the pri- only consider recreational uses that are al- (B) administratively classified as— ority list required under paragraph (1), the lowed on the land at the time that the pri- (i) wilderness-eligible; or Secretary shall consider, with respect to the ority list is prepared. (ii) wilderness-suitable; or land— Subtitle C—Open Book on Equal Access to (C) a primitive or semiprimitive area; (A) whether access is absent or merely re- Justice (4) a national monument, national volcanic stricted, including the extent of the restric- SEC. 4201. FEDERAL ACTION TRANSPARENCY. monument, or national scenic area; or tion; (a) MODIFICATION OF EQUAL ACCESS TO JUS- (5) a component of the National Wild and (B) the likelihood of resolving the absence TICE PROVISIONS.— Scenic Rivers System (including areas des- of or restriction to public access; (1) AGENCY PROCEEDINGS.—Section 504 of ignated for study for potential addition to (C) the potential for recreational use; title 5, United States Code, is amended— the National Wild and Scenic Rivers Sys- (D) any information received from the pub- (A) in subsection (c)(1), by striking ‘‘, tem). lic or other stakeholders during the nomina- United States Code’’; SEC. 4105. IDENTIFYING OPPORTUNITIES FOR tion process described in paragraph (5); and (B) by redesignating subsection (f) as sub- RECREATION, HUNTING, AND FISH- (E) any other factor, as determined by the section (i); and ING ON FEDERAL LAND. Secretary. (C) by striking subsection (e) and inserting (a) DEFINITIONS.—In this section: (4) ADJACENT LAND STATUS.—For each par- the following: (1) SECRETARY.—The term ‘‘Secretary’’ cel of land on the priority list, the Secretary ‘‘(e)(1) Not later than March 31 of the first means— shall include in the priority list whether re- fiscal year beginning after the date of enact- (A) the Secretary, with respect to land ad- solving the issue of public access or egress to ment of the Natural Resources Management ministered by— the land would require acquisition of an Act, and every fiscal year thereafter, the (i) the Director of the National Park Serv- easement, right-of-way, or fee title from— Chairman of the Administrative Conference ice; (A) another Federal agency; of the United States, after consultation with (ii) the Director of the United States Fish (B) a State, local, or Tribal government; or the Chief Counsel for Advocacy of the Small and Wildlife Service; and (C) a private landowner. Business Administration, shall submit to (iii) the Director of the Bureau of Land (5) NOMINATION PROCESS.—In preparing a Congress and make publicly available online Management; and priority list under this section, the Sec- a report on the amount of fees and other ex- (B) the Secretary of Agriculture, with re- retary shall provide an opportunity for mem- penses awarded during the preceding fiscal spect to land administered by the Chief of bers of the public to nominate parcels for in- year under this section. the Forest Service. clusion on the priority list. ‘‘(2) Each report under paragraph (1) shall (2) STATE OR REGIONAL OFFICE.—The term (c) ACCESS OPTIONS.—With respect to land describe the number, nature, and amount of ‘‘State or regional office’’ means— included on a priority list described in sub- the awards, the claims involved in the con- (A) a State office of the Bureau of Land section (b), the Secretary shall develop and troversy, and any other relevant information Management; or submit to the Committees on Appropriations that may aid Congress in evaluating the (B) a regional office of— and Energy and Natural Resources of the scope and impact of such awards. (i) the National Park Service; Senate and the Committees on Appropria- ‘‘(3)(A) Each report under paragraph (1) (ii) the United States Fish and Wildlife tions and Natural Resources of the House of shall account for all payments of fees and Service; or Representatives a report on options for pro- other expenses awarded under this section (iii) the Forest Service. viding access that— that are made pursuant to a settlement (1) identifies how public access and egress agreement, regardless of whether the settle- (3) TRAVEL MANAGEMENT PLAN.—The term ‘‘travel management plan’’ means a plan for could reasonably be provided to the legal ment agreement is sealed or otherwise sub- the management of travel— boundaries of the land in a manner that ject to a nondisclosure provision. ‘‘(B) The disclosure of fees and other ex- (A) with respect to land under the jurisdic- minimizes the impact on wildlife habitat and penses required under subparagraph (A) shall tion of the National Park Service, on park water quality; not affect any other information that is sub- roads and designated routes under section (2) specifies the steps recommended to se- ject to a nondisclosure provision in a settle- 4.10 of title 36, Code of Federal Regulations cure the access and egress, including acquir- ing an easement, right-of-way, or fee title ment agreement. (or successor regulations); ‘‘(f) As soon as practicable, and in any (B) with respect to land under the jurisdic- from a willing owner of any land that abuts the land or the need to coordinate with State event not later than the date on which the tion of the United States Fish and Wildlife first report under subsection (e)(1) is re- Service, on the land under a comprehensive land management agencies or other Federal, State, or Tribal governments to allow for quired to be submitted, the Chairman of the conservation plan prepared under section Administrative Conference of the United 4(e) of the National Wildlife Refuge System such access and egress; and (3) is consistent with the travel manage- States shall create and maintain online a Administration Act of 1966 (16 U.S.C. searchable database containing, with respect 668dd(e)); ment plan in effect on the land. (d) PROTECTION OF PERSONALLY IDENTI- to each award of fees and other expenses (C) with respect to land under the jurisdic- FYING INFORMATION.—In making the priority under this section made on or after the date tion of the Forest Service, on National For- list and report prepared under subsections of enactment of the Natural Resources Man- est System land under part 212 of title 36, (b) and (c) available, the Secretary shall en- agement Act, the following information: Code of Federal Regulations (or successor sure that no personally identifying informa- ‘‘(1) The case name and number of the ad- regulations); and tion is included, such as names or addresses versary adjudication, if available, (D) with respect to land under the jurisdic- of individuals or entities. hyperlinked to the case, if available. tion of the Bureau of Land Management, (e) WILLING OWNERS.—For purposes of pro- ‘‘(2) The name of the agency involved in under a resource management plan devel- viding any permits to, or entering into the adversary adjudication. oped under the Federal Land Policy and agreements with, a State, local, or Tribal ‘‘(3) A description of the claims in the ad- Management Act of 1976 (43 U.S.C. 1701 et government or private landowner with re- versary adjudication. seq.). spect to the use of land under the jurisdic- ‘‘(4) The name of each party to whom the (b) PRIORITY LISTS REQUIRED.— tion of the government or landowner, the award was made as such party is identified (1) IN GENERAL.—Not later than 1 year after Secretary shall not take into account wheth- in the order or other court document making the date of enactment of this Act, and bien- er the State, local, or Tribal government or the award. nially thereafter during the 10-year period private landowner has granted or denied pub- ‘‘(5) The amount of the award. beginning on the date on which the first pri- lic access or egress to the land. ‘‘(6) The basis for the finding that the posi- ority list is completed, the Secretary shall (f) MEANS OF PUBLIC ACCESS AND EGRESS tion of the agency concerned was not sub- prepare a priority list, to be made publicly INCLUDED.—In considering public access and stantially justified. available on the website of the applicable egress under subsections (b) and (c), the Sec- ‘‘(g) The online searchable database de- Federal agency referred to in subsection retary shall consider public access and egress scribed in subsection (f) may not reveal any (a)(1), which shall identify the location and to the legal boundaries of the land described information the disclosure of which is pro- acreage of land within the jurisdiction of in those subsections, including access and hibited by law or a court order. each State or regional office on which the egress— ‘‘(h) The head of each agency shall provide public is allowed, under Federal or State (1) by motorized or non-motorized vehicles; to the Chairman of the Administrative Con- law, to hunt, fish, or use the land for other and ference of the United States in a timely recreational purposes but— (2) on foot or horseback. manner all information requested by the (A) to which there is no public access or (g) EFFECT.— Chairman to comply with the requirements egress; or (1) IN GENERAL.—This section shall have no of subsections (e), (f), and (g).’’. (B) to which public access or egress to the effect on whether a particular recreational (2) COURT CASES.—Section 2412(d) of title legal boundaries of the land is significantly use shall be allowed on the land included in 28, United States Code, is amended by adding restricted (as determined by the Secretary). a priority list under this section. at the end the following: (2) MINIMUM SIZE.—Any land identified (2) EFFECT OF ALLOWABLE USES ON AGENCY ‘‘(5)(A) Not later than March 31 of the first under paragraph (1) shall consist of contig- CONSIDERATION.—In preparing the priority fiscal year beginning after the date of enact- uous acreage of at least 640 acres. list under subsection (b), the Secretary shall ment of the Natural Resources Management

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1246 CONGRESSIONAL RECORD — SENATE February 12, 2019 Act, and every fiscal year thereafter, the Natural Resources Management Act, and un- under the applicable annual Federal frame- Chairman of the Administrative Conference less the disclosure of such information is work; of the United States shall submit to Con- otherwise prohibited by law or a court order, ‘‘(II) are not more than 14 days before or gress and make publicly available online a the Secretary of the Treasury shall make after the Federal framework hunting season report on the amount of fees and other ex- available to the public on a website, as soon for ducks, mergansers, and coots; and penses awarded during the preceding fiscal as practicable, but not later than 30 days ‘‘(III) are otherwise consistent with the year pursuant to this subsection. after the date on which a payment under this Federal framework; and ‘‘(B) Each report under subparagraph (A) section is tendered, the following informa- ‘‘(ii) the total number of days in a hunting shall describe the number, nature, and tion with regard to that payment: season for any migratory bird species, in- amount of the awards, the claims involved in ‘‘(1) The name of the specific agency or en- cluding any days selected under subpara- the controversy, and any other relevant in- tity whose actions gave rise to the claim or graph (A), is not more than 107 days. formation that may aid Congress in evalu- judgment. ‘‘(C) LIMITATION.—A State may combine ating the scope and impact of such awards. ‘‘(2) The name of the plaintiff or claimant. the 2 days allowed for youths with the 2 days ‘‘(C)(i) Each report under subparagraph (A) ‘‘(3) The name of counsel for the plaintiff allowed for veterans and members of the shall account for all payments of fees and or claimant. Armed Forces on active duty under subpara- other expenses awarded under this sub- ‘‘(4) The amount paid representing prin- graph (A), but in no circumstance may a section that are made pursuant to a settle- State have more than a total of 4 additional ment agreement, regardless of whether the cipal liability, and any amounts paid rep- settlement agreement is sealed or otherwise resenting any ancillary liability, including days added to its regular hunting season for subject to a nondisclosure provision. attorney fees, costs, and interest. any purpose. ‘‘(ii) The disclosure of fees and other ex- ‘‘(5) A brief description of the facts that ‘‘(3) REGULATIONS.—The Secretary shall penses required under clause (i) shall not af- gave rise to the claim. promulgate regulations in accordance with fect any other information that is subject to ‘‘(6) The name of the agency that sub- this subsection for the Federal framework a nondisclosure provision in a settlement mitted the claim.’’. for migratory bird hunting for the 2019–2020 agreement. Subtitle D—Migratory Bird Framework and hunting season and each hunting season ‘‘(D) The Chairman of the Administrative Hunting Opportunities for Veterans thereafter.’’. Conference of the United States shall include SEC. 4301. FEDERAL CLOSING DATE FOR HUNT- Subtitle E—Miscellaneous and clearly identify in each annual report ING OF DUCKS, MERGANSERS, AND SEC. 4401. RESPECT FOR TREATIES AND RIGHTS. under subparagraph (A), for each case in COOTS. Nothing in this title or the amendments which an award of fees and other expenses is Section 3 of the Migratory Bird Treaty Act made by this title— included in the report— (16 U.S.C. 704) is amended by adding at the (1) affects or modifies any treaty or other ‘‘(i) any amounts paid under section 1304 of end the following: right of any federally recognized Indian title 31 for a judgment in the case; ‘‘(c) FEDERAL FRAMEWORK CLOSING DATE Tribe; or ‘‘(ii) the amount of the award of fees and FOR HUNTING OF DUCKS, MERGANSERS, AND (2) modifies any provision of Federal law other expenses; and COOTS.— relating to migratory birds or to endangered ‘‘(iii) the statute under which the plaintiff ‘‘(1) REGULATIONS RELATING TO FRAMEWORK or threatened species. filed suit. CLOSING DATE.— SEC. 4402. NO PRIORITY. ‘‘(6) As soon as practicable, and in any ‘‘(A) IN GENERAL.—In promulgating regula- Nothing in this title or the amendments event not later than the date on which the tions under subsection (a) relating to the made by this title provides a preference to first report under paragraph (5)(A) is re- Federal framework for the closing date up to hunting, fishing, or recreational shooting quired to be submitted, the Chairman of the which the States may select seasons for mi- over any other use of Federal land or water. Administrative Conference of the United gratory bird hunting, except as provided in SEC. 4403. STATE AUTHORITY FOR FISH AND States shall create and maintain online a paragraph (2), the Secretary shall, with re- WILDLIFE. searchable database containing, with respect spect to the hunting season for ducks, mer- Nothing in this title— to each award of fees and other expenses gansers, and coots— (1) authorizes the Secretary of Agriculture under this subsection made on or after the ‘‘(i) subject to subparagraph (B), adopt the or the Secretary to require Federal licenses date of enactment of the Natural Resources recommendation of each respective flyway or permits to hunt and fish on Federal land; Management Act, the following information: council (as defined in section 20.152 of title or ‘‘(A) The case name and number, 50, Code of Federal Regulations) for the Fed- (2) enlarges or diminishes the responsi- hyperlinked to the case, if available. eral framework if the Secretary determines bility or authority of States with respect to ‘‘(B) The name of the agency involved in that the recommendation is consistent with fish and wildlife management. the case. science-based and sustainable harvest man- ‘‘(C) The name of each party to whom the TITLE V—HAZARDS AND MAPPING agement; and award was made as such party is identified SEC. 5001. NATIONAL VOLCANO EARLY WARNING ‘‘(ii) allow the States to establish the clos- in the order or other court document making AND MONITORING SYSTEM. ing date for the hunting season in accord- the award. (a) DEFINITIONS.—In this section: ance with the Federal framework. ‘‘(D) A description of the claims in the (1) SECRETARY.—The term ‘‘Secretary’’ ‘‘(B) REQUIREMENT.—The framework clos- case. means the Secretary, acting through the Di- ing date promulgated by the Secretary under ‘‘(E) The amount of the award. rector of the United States Geological Sur- subparagraph (A) shall not be later than Jan- ‘‘(F) The basis for the finding that the po- vey. uary 31 of each year. sition of the agency concerned was not sub- (2) SYSTEM.—The term ‘‘System’’ means ‘‘(2) SPECIAL HUNTING DAYS FOR YOUTHS, stantially justified. the National Volcano Early Warning and VETERANS, AND ACTIVE MILITARY PER- ‘‘(7) The online searchable database de- Monitoring System established under sub- SONNEL.— scribed in paragraph (6) may not reveal any section (b)(1)(A). information the disclosure of which is pro- ‘‘(A) IN GENERAL.—Notwithstanding the (b) NATIONAL VOLCANO EARLY WARNING AND hibited by law or a court order. Federal framework closing date under para- MONITORING SYSTEM.— ‘‘(8) The head of each agency (including the graph (1) and subject to subparagraphs (B) (1) ESTABLISHMENT.— Attorney General of the United States) shall and (C), the Secretary shall allow States to (A) IN GENERAL.—The Secretary shall es- provide to the Chairman of the Administra- select 2 days for youths and 2 days for vet- tablish within the United States Geological tive Conference of the United States in a erans (as defined in section 101 of title 38, Survey a system, to be known as the ‘‘Na- timely manner all information requested by United States Code) and members of the tional Volcano Early Warning and Moni- the Chairman to comply with the require- Armed Forces on active duty, including toring System’’, to monitor, warn, and pro- ments of paragraphs (5), (6), and (7).’’. members of the National Guard and Reserves tect citizens of the United States from undue (3) TECHNICAL AND CONFORMING AMEND- on active duty (other than for training), to and avoidable harm from volcanic activity. MENTS.—Section 2412 of title 28, United hunt eligible ducks, geese, swans, mergan- (B) PURPOSES.—The purposes of the System States Code, is amended— sers, coots, moorhens, and gallinules, if the are— (A) in subsection (d)(3), by striking Secretary determines that the addition of (i) to organize, modernize, standardize, and ‘‘United States Code,’’; and those days is consistent with science-based stabilize the monitoring systems of the vol- (B) in subsection (e)— and sustainable harvest management. Such cano observatories in the United States, (i) by striking ‘‘of section 2412 of title 28, days shall be treated as separate from, and which includes the Alaska Volcano Observ- United States Code,’’ and inserting ‘‘of this in addition to, the annual Federal frame- atory, California Volcano Observatory, Cas- section’’; and work hunting season lengths. cades Volcano Observatory, Hawaiian Vol- (ii) by striking ‘‘of such title’’ and insert- ‘‘(B) REQUIREMENTS.—In selecting days cano Observatory, and Yellowstone Volcano ing ‘‘of this title’’. under subparagraph (A), a State shall ensure Observatory; and (b) JUDGMENT FUND TRANSPARENCY.—Sec- that— (ii) to unify the monitoring systems of vol- tion 1304 of title 31, United States Code, is ‘‘(i) the days selected— cano observatories in the United States into amended by adding at the end the following: ‘‘(I) may only include the hunting of duck, a single interoperative system. ‘‘(d) Beginning not later than the date that geese, swan, merganser, coot, moorhen, and (C) OBJECTIVE.—The objective of the Sys- is 60 days after the date of enactment of the gallinule species that are eligible for hunting tem is to monitor all the volcanoes in the

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1247

United States at a level commensurate with (2) CONFORMING AMENDMENT.—Section landward of the shoreline, as generally de- the threat posed by the volcanoes by— 4(b)(1) of the National Geologic Mapping Act picted on the map entitled ‘‘Maritime Wash- (i) upgrading existing networks on mon- of 1992 (43 U.S.C. 31c(b)(1)) is amended by ington National Heritage Area Proposed itored volcanoes; striking ‘‘Omnibus Public Land Management Boundary’’, numbered 584/125,484, and dated (ii) installing new networks on Act of 2009’’ each place it appears in subpara- August, 2014. unmonitored volcanoes; and graphs (A) and (B) and inserting ‘‘Natural (B) LOCAL COORDINATING ENTITY.—The (iii) employing geodetic and other compo- Resources Management Act’’. Washington Trust for Historic Preservation nents when applicable. (b) GEOLOGIC MAPPING ADVISORY COM- shall be the local coordinating entity for the (2) SYSTEM COMPONENTS.— MITTEE.—Section 5(a)(3) of the National Geo- National Heritage Area designated by sub- (A) IN GENERAL.—The System shall in- logic Mapping Act of 1992 (43 U.S.C. 31d(a)(3)) paragraph (A). clude— is amended by striking ‘‘Associate Director (3) MOUNTAINS TO SOUND GREENWAY NA- (i) a national volcano watch office that is for Geology’’ and inserting ‘‘Associate Direc- TIONAL HERITAGE AREA, WASHINGTON.— operational 24 hours a day and 7 days a week; tor for Core Science Systems’’. (A) IN GENERAL.—There is established the (ii) a national volcano data center; and (c) CLERICAL AMENDMENTS.—Section 3 of Mountains to Sound Greenway National Her- (iii) an external grants program to support the National Geologic Mapping Act of 1992 itage Area in the State of Washington, to research in volcano monitoring science and (43 U.S.C. 31b) is amended— consist of land in King and Kittitas Counties technology. (1) in paragraph (4), by striking ‘‘section in the State, as generally depicted on the (B) MODERNIZATION ACTIVITIES.—Mod- 6(d)(3)’’ and inserting ‘‘section 4(d)(3)’’; map entitled ‘‘Mountains to Sound Green- ernization activities under the System shall (2) in paragraph (5), by striking ‘‘section way National Heritage Area Proposed include the comprehensive application of 6(d)(1)’’ and inserting ‘‘section 4(d)(1)’’; and Boundary’’, numbered 584/125,483, and dated emerging technologies, including digital (3) in paragraph (9), by striking ‘‘section August, 2014 (referred to in this paragraph as broadband seismometers, real-time contin- 6(d)(2)’’ and inserting ‘‘section 4(d)(2)’’. the ‘‘map’’). uous Global Positioning System receivers, TITLE VI—NATIONAL HERITAGE AREAS (B) LOCAL COORDINATING ENTITY.—The satellite and airborne radar interferometry, Mountains to Sound Greenway Trust shall be acoustic pressure sensors, and spectrometry SEC. 6001. NATIONAL HERITAGE AREA DESIGNA- the local coordinating entity for the Na- to measure gas emissions. TIONS. tional Heritage Area designated by subpara- (a) IN GENERAL.—The following areas are (3) MANAGEMENT.— graph (A). designated as National Heritage Areas, to be (A) MANAGEMENT PLAN.— (C) MAP.—The map shall be on file and administered in accordance with this sec- (i) IN GENERAL.—Not later than 180 days available for public inspection in the appro- after the date of enactment of this Act, the tion: priate offices of— Secretary shall submit to Congress a 5-year (1) APPALACHIAN FOREST NATIONAL HERIT- (i) the National Park Service; management plan for establishing and oper- AGE AREA, WEST VIRGINIA AND MARYLAND.— (ii) the Forest Service; ating the System. (A) IN GENERAL.—There is established the (iii) the Indian Tribes; and (ii) INCLUSIONS.—The management plan Appalachian Forest National Heritage Area (iv) the local coordinating entity. submitted under clause (i) shall include— in the States of West Virginia and Maryland, (D) REFERENCES TO INDIAN TRIBE; TRIBAL.— (I) annual cost estimates for modernization as depicted on the map entitled ‘‘Appa- Any reference in this paragraph to the terms activities and operation of the System; lachian Forest National Heritage Area’’, ‘‘Indian Tribe’’ and ‘‘Tribal’’ shall be consid- (II) annual milestones, standards, and per- numbered T07/80,000, and dated October 2007, ered, for purposes of the National Heritage formance goals; and including— Area designated by subparagraph (A), to (III) recommendations for, and progress to- (i) Barbour, Braxton, Grant, Greenbrier, refer to each of the Tribal governments of wards, establishing new, or enhancing exist- Hampshire, Hardy, Mineral, Morgan, Nich- the Snoqualmie, Yakama, Tulalip, ing, partnerships to leverage resources. olas, Pendleton, Pocahontas, Preston, Ran- Muckleshoot, and Colville Indian Tribes. (B) ADVISORY COMMITTEE.—The Secretary dolph, Tucker, Upshur, and Webster Counties (E) MANAGEMENT REQUIREMENTS.—With re- shall establish an advisory committee to as- in West Virginia; and spect to the National Heritage Area des- sist the Secretary in implementing the Sys- (ii) Allegany and Garrett Counties in ignated by subparagraph (A)— tem, to be comprised of representatives of Maryland. (i) the preparation of an interpretive plan relevant agencies and members of the sci- (B) LOCAL COORDINATING ENTITY.—The Ap- under subsection (c)(2)(C)(vii) shall also in- entific community, to be appointed by the palachian Forest Heritage Area, Inc., shall clude plans for Tribal heritage; Secretary. be— (ii) the Secretary shall ensure that the (C) PARTNERSHIPS.—The Secretary may (i) the local coordinating entity for the Na- management plan developed under sub- enter into cooperative agreements with in- tional Heritage Area designated by subpara- section (c) is consistent with the trust re- stitutions of higher education and State graph (A) (referred to in this subparagraph sponsibilities of the Secretary to Indian agencies designating the institutions of as the ‘‘local coordinating entity’’); and Tribes and Tribal treaty rights within the higher education and State agencies as vol- (ii) governed by a board of directors that National Heritage Area; cano observatory partners for the System. shall— (iii) the interpretive plan and management (D) COORDINATION.—The Secretary shall co- (I) include members to represent a geo- plan for the National Heritage Area shall be ordinate the activities under this section graphic balance across the counties de- developed in consultation with the Indian with the heads of relevant Federal agencies, scribed in subparagraph (A) and the States of Tribes; including— West Virginia and Maryland; (iv) nothing in this paragraph shall grant (i) the Secretary of Transportation; (II) be composed of not fewer than 7, and or diminish any hunting, fishing, or gath- (ii) the Administrator of the Federal Avia- not more than 15, members elected by the ering treaty right of any Indian Tribe; and tion Administration; membership of the local coordinating entity; (v) nothing in this paragraph affects the (iii) the Administrator of the National Oce- (III) be selected to represent a balanced authority of a State or an Indian Tribe to anic and Atmospheric Administration; and group of diverse interests, including— manage fish and wildlife, including the regu- (iv) the Administrator of the Federal (aa) the forest industry; lation of hunting and fishing within the Na- Emergency Management Agency. (bb) environmental interests; tional Heritage Area. (4) ANNUAL REPORT.—Annually, the Sec- (cc) cultural heritage interests; (4) SACRAMENTO-SAN JOAQUIN DELTA NA- retary shall submit to Congress a report that (dd) tourism interests; and TIONAL HERITAGE AREA, CALIFORNIA.— describes the activities carried out under (ee) regional agency partners; (A) IN GENERAL.—There is established the this section. (IV) exercise all corporate powers of the Sacramento-San Joaquin Delta National (c) FUNDING.— local coordinating entity; Heritage Area in the State of California, to (1) AUTHORIZATION OF APPROPRIATIONS.— (V) manage the activities and affairs of the consist of land in Contra Costa, Sacramento, There is authorized to be appropriated to local coordinating entity; and San Joaquin, Solano, and Yolo Counties in carry out this section $55,000,000 for the pe- (VI) subject to any limitations in the arti- the State, as generally depicted on the map riod of fiscal years 2019 through 2023. cles and bylaws of the local coordinating en- entitled ‘‘Sacramento-San Joaquin Delta Na- (2) EFFECT ON OTHER SOURCES OF FEDERAL tity, this section, and other applicable Fed- tional Heritage Area Proposed Boundary’’, FUNDING.—Amounts made available under eral or State law, establish the policies of numbered T27/105,030, and dated October 2012. this subsection shall supplement, and not the local coordinating entity. (B) LOCAL COORDINATING ENTITY.—The supplant, Federal funds made available for (2) MARITIME WASHINGTON NATIONAL HERIT- Delta Protection Commission established by other United States Geological Survey haz- AGE AREA, WASHINGTON.— section 29735 of the California Public Re- ards activities and programs. (A) IN GENERAL.—There is established the sources Code shall be the local coordinating SEC. 5002. REAUTHORIZATION OF NATIONAL Maritime Washington National Heritage entity for the National Heritage Area des- GEOLOGIC MAPPING ACT OF 1992. Area in the State of Washington, to include ignated by subparagraph (A). (a) REAUTHORIZATION.— land in Whatcom, Skagit, Snohomish, San (C) EFFECT.—This paragraph shall not be (1) IN GENERAL.—Section 9(a) of the Na- Juan, Island, King, Pierce, Thurston, Mason, interpreted or implemented in a manner that tional Geologic Mapping Act of 1992 (43 Kitsap, Jefferson, Clallam, and Grays Harbor directly or indirectly has a negative effect U.S.C. 31h(a)) is amended by striking ‘‘2018’’ Counties in the State that is at least par- on the operations of the Central Valley and inserting ‘‘2023’’. tially located within the area that is 1⁄4-mile Project, the State Water Project, or any

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1248 CONGRESSIONAL RECORD — SENATE February 12, 2019 water supply facilities within the Bay-Delta that are consistent with National Heritage source protection, restoration, and construc- watershed. Area themes; tion; and (5) SANTA CRUZ VALLEY NATIONAL HERITAGE (vi) ensuring that clear, consistent, and ap- (II) specific commitments for implementa- AREA, ARIZONA.— propriate signs identifying points of public tion that have been made by the local co- (A) IN GENERAL.—There is established the access and sites of interest are posted ordinating entity or any government, orga- Santa Cruz Valley National Heritage Area in throughout the National Heritage Area; and nization, or individual for the first 5 years of the State of Arizona, to consist of land in (vii) promoting a wide range of partner- operation; Pima and Santa Cruz Counties in the State, ships among the Federal Government, State, (v) the identification of sources of funding as generally depicted on the map entitled Tribal, and local governments, organiza- for carrying out the management plan; ‘‘Santa Cruz Valley National Heritage tions, and individuals to further the Na- (vi) analysis and recommendations for Area’’, numbered T09/80,000, and dated No- tional Heritage Area; means by which Federal, State, local, and vember 13, 2007. (C) consider the interests of diverse units Tribal programs, including the role of the (B) LOCAL COORDINATING ENTITY.—Santa of government, businesses, organizations, National Park Service in the National Herit- Cruz Valley Heritage Alliance, Inc., a non- and individuals in the National Heritage age Area, may best be coordinated to carry profit organization established under the Area in the preparation and implementation out this subsection; and laws of the State of Arizona, shall be the of the management plan; (vii) an interpretive plan for the National local coordinating entity for the National (D) conduct meetings open to the public at Heritage Area; and Heritage Area designated by subparagraph least semiannually regarding the develop- (D) recommend policies and strategies for (A). ment and implementation of the manage- resource management that consider and de- (6) SUSQUEHANNA NATIONAL HERITAGE AREA, ment plan; tail the application of appropriate land and PENNSYLVANIA.— (E) for any year that Federal funds have water management techniques, including the (A) IN GENERAL.—There is established the been received under this subsection— development of intergovernmental and inter- Susquehanna National Heritage Area in the (i) submit to the Secretary an annual re- agency cooperative agreements to protect State of Pennsylvania, to consist of land in port that describes the activities, expenses, the natural, historical, cultural, educational, Lancaster and York Counties in the State. and income of the local coordinating entity scenic, and recreational resources of the Na- (B) LOCAL COORDINATING ENTITY.—The Sus- (including grants to any other entities dur- tional Heritage Area. quehanna Heritage Corporation, a nonprofit ing the year that the report is made); (3) DEADLINE.—If a proposed management organization established under the laws of (ii) make available to the Secretary for plan is not submitted to the Secretary by the State of Pennsylvania, shall be the local audit all records relating to the expenditure the date that is 3 years after the date of en- coordinating entity for the National Herit- of the funds and any matching funds; and actment of this Act, the local coordinating age Area designated by subparagraph (A). (iii) require, with respect to all agreements entity shall be ineligible to receive addi- (b) ADMINISTRATION.— authorizing expenditure of Federal funds by tional funding under this section until the (1) AUTHORITIES.—For purposes of carrying other organizations, that the organizations date on which the Secretary receives and ap- out the management plan for each of the Na- receiving the funds make available to the proves the management plan. tional Heritage Areas designated by sub- Secretary for audit all records concerning (4) APPROVAL OR DISAPPROVAL OF MANAGE- section (a), the Secretary, acting through the expenditure of the funds; and MENT PLAN.— the local coordinating entity, may use (F) encourage by appropriate means eco- (A) IN GENERAL.—Not later than 180 days amounts made available under subsection nomic viability that is consistent with the after the date of receipt of the management (g)— National Heritage Area. plan under paragraph (1), the Secretary, in (A) to make grants to the State or a polit- (3) PROHIBITION ON THE ACQUISITION OF REAL consultation with State and Tribal govern- ical subdivision of the State, Indian Tribes, PROPERTY.—The local coordinating entity ments, shall approve or disapprove the man- nonprofit organizations, and other persons; shall not use Federal funds made available agement plan. (B) to enter into cooperative agreements under subsection (g) to acquire real property (B) CRITERIA FOR APPROVAL.—In deter- with, or provide technical assistance to, the or any interest in real property. mining whether to approve the management State or a political subdivision of the State, (c) MANAGEMENT PLAN.— plan, the Secretary shall consider whether— Indian Tribes, nonprofit organizations, and (1) IN GENERAL.—Not later than 3 years (i) the local coordinating entity is rep- other interested parties; after the date of enactment of this Act, the resentative of the diverse interests of the (C) to hire and compensate staff, which local coordinating entity for each of the Na- National Heritage Area, including Federal, shall include individuals with expertise in tional Heritage Areas designated by sub- State, Tribal, and local governments, nat- natural, cultural, and historical resources section (a) shall submit to the Secretary for ural and historic resource protection organi- protection, and heritage programming; approval a proposed management plan for zations, educational institutions, businesses, (D) to obtain money or services from any the National Heritage Area. and recreational organizations; source including any money or services that (2) REQUIREMENTS.—The management plan (ii) the local coordinating entity has af- are provided under any other Federal law or shall— forded adequate opportunity, including pub- program; (A) incorporate an integrated and coopera- lic hearings, for public and governmental in- (E) to contract for goods or services; and tive approach for the protection, enhance- volvement in the preparation of the manage- (F) to undertake to be a catalyst for any ment, and interpretation of the natural, cul- ment plan; and other activity that furthers the National tural, historic, scenic, and recreational re- (iii) the resource protection and interpre- Heritage Area and is consistent with the ap- sources of the National Heritage Area; tation strategies contained in the manage- proved management plan. (B) take into consideration Federal, State, ment plan, if implemented, would adequately (2) DUTIES.—The local coordinating entity local, and Tribal plans and treaty rights; protect the natural, historical, and cultural for each of the National Heritage Areas des- (C) include— resources of the National Heritage Area. ignated by subsection (a) shall— (i) an inventory of— (C) ACTION FOLLOWING DISAPPROVAL.—If the (A) in accordance with subsection (c), pre- (I) the resources located in the National Secretary disapproves the management plan pare and submit a management plan for the Heritage Area; and under subparagraph (A), the Secretary National Heritage Area to the Secretary; (II) any other property in the National shall— (B) assist Federal agencies, the State or a Heritage Area that— (i) advise the local coordinating entity in political subdivision of the State, Indian (aa) is related to the themes of the Na- writing of the reasons for the disapproval; Tribes, regional planning organizations, non- tional Heritage Area; and (ii) make recommendations for revisions to profit organizations and other interested (bb) should be preserved, restored, man- the management plan; and parties in carrying out the approved manage- aged, or maintained because of the signifi- (iii) not later than 180 days after the re- ment plan by— cance of the property; ceipt of any proposed revision of the manage- (i) carrying out programs and projects that (ii) comprehensive policies, strategies and ment plan from the local coordinating enti- recognize, protect, and enhance important recommendations for conservation, funding, ty, approve or disapprove the proposed revi- resource values in the National Heritage management, and development of the Na- sion. Area; tional Heritage Area; (D) AMENDMENTS.— (ii) establishing and maintaining interpre- (iii) a description of actions that the Fed- (i) IN GENERAL.—The Secretary shall ap- tive exhibits and programs in the National eral Government, State, Tribal, and local prove or disapprove each amendment to the Heritage Area; governments, private organizations, and in- management plan that the Secretary deter- (iii) developing recreational and edu- dividuals have agreed to take to protect the mines make a substantial change to the cational opportunities in the National Herit- natural, historical, cultural, scenic, and rec- management plan. age Area; reational resources of the National Heritage (ii) USE OF FUNDS.—The local coordinating (iv) increasing public awareness of, and ap- Area; entity shall not use Federal funds authorized preciation for, natural, historical, scenic, (iv) a program of implementation for the by this subsection to carry out any amend- and cultural resources of the National Herit- management plan by the local coordinating ments to the management plan until the age Area; entity that includes a description of— Secretary has approved the amendments. (v) protecting and restoring historic sites (I) actions to facilitate ongoing collabora- (d) RELATIONSHIP TO OTHER FEDERAL AGEN- and buildings in the National Heritage Area tion among partners to promote plans for re- CIES.—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1249

(1) IN GENERAL.—Nothing in this section af- (B) analyze the investments of the Federal nating the study area as a National Heritage fects the authority of a Federal agency to Government, State, Tribal, and local govern- Area, to be known as the ‘‘Finger Lakes Na- provide technical or financial assistance ments, and private entities in each National tional Heritage Area’’. under any other law. Heritage Area to determine the impact of (2) REQUIREMENTS.—The study shall in- (2) CONSULTATION AND COORDINATION.—The the investments; and clude analysis, documentation, and deter- head of any Federal agency planning to con- (C) review the management structure, minations on whether the study area— duct activities that may have an impact on partnership relationships, and funding of the (A) has an assemblage of natural, historic, a National Heritage Area designated by sub- National Heritage Area for purposes of iden- and cultural resources that— section (a) is encouraged to consult and co- tifying the critical components for sustain- (i) represent distinctive aspects of the her- ordinate the activities with the Secretary ability of the National Heritage Area. itage of the United States; and the local coordinating entity to the (3) REPORT.—Based on the evaluation con- (ii) are worthy of recognition, conserva- maximum extent practicable. ducted under paragraph (1)(A), the Secretary tion, interpretation, and continuing use; and (3) OTHER FEDERAL AGENCIES.—Nothing in shall submit to the Committee on Energy (iii) would be best managed— this section— and Natural Resources of the Senate and the (I) through partnerships among public and (A) modifies, alters, or amends any law or Committee on Natural Resources of the private entities; and regulation authorizing a Federal agency to House of Representatives a report that in- (II) by linking diverse and sometimes non- manage Federal land under the jurisdiction cludes recommendations for the future role contiguous resources and active commu- of the Federal agency; of the National Park Service, if any, with re- nities; (B) limits the discretion of a Federal land spect to the National Heritage Area. (B) reflects traditions, customs, beliefs, manager to implement an approved land use (g) AUTHORIZATION OF APPROPRIATIONS.— and folklife that are a valuable part of the plan within the boundaries of a National (1) IN GENERAL.—There is authorized to be story of the United States; Heritage Area designated by subsection (a); appropriated for each National Heritage (C) provides outstanding opportunities— or Area designated by subsection (a) to carry (i) to conserve natural, historic, cultural, (C) modifies, alters, or amends any author- out the purposes of this section $10,000,000, of or scenic features; and ized use of Federal land under the jurisdic- which not more than $1,000,000 may be made (ii) for recreation and education; tion of a Federal agency. available in any fiscal year. (D) contains resources that— (e) PRIVATE PROPERTY AND REGULATORY (2) AVAILABILITY.—Amounts made avail- (i) are important to any identified themes PROTECTIONS.—Nothing in this section— able under paragraph (1) shall remain avail- of the study area; and (1) abridges the rights of any property able until expended. (ii) retain a degree of integrity capable of owner (whether public or private), including (3) COST-SHARING REQUIREMENT.— supporting interpretation; the right to refrain from participating in any (A) IN GENERAL.—The Federal share of the (E) includes residents, business interests, plan, project, program, or activity conducted total cost of any activity under this section nonprofit organizations, and State and local within a National Heritage Area designated shall be not more than 50 percent. governments that— by subsection (a); (B) FORM.—The non-Federal contribution (i) are involved in the planning of the Her- (2) requires any property owner— of the total cost of any activity under this itage Area; (A) to permit public access (including ac- section may be in the form of in-kind con- (ii) have developed a conceptual financial cess by Federal, State, or local agencies) to tributions of goods or services fairly valued. the property of the property owner; or plan that outlines the roles of all partici- (B) to modify public access or use of prop- (4) TERMINATION OF AUTHORITY.—The au- pants in the Heritage Area, including the erty of the property owner under any other thority of the Secretary to provide assist- Federal Government; and Federal, State, or local law; ance under this section terminates on the (iii) have demonstrated support for the des- (3) alters any duly adopted land use regula- date that is 15 years after the date of enact- ignation of the Heritage Area; tion, approved land use plan, or other regu- ment of this Act. (F) has a potential management entity to latory authority of any Federal, State, Trib- SEC. 6002. ADJUSTMENT OF BOUNDARIES OF LIN- work in partnership with the individuals and al, or local agency; COLN NATIONAL HERITAGE AREA. entities described in subparagraph (E) to de- (4) conveys any land use or other regu- (a) BOUNDARY ADJUSTMENT.—Section velop the Heritage Area while encouraging latory authority to the local coordinating 443(b)(1) of the Consolidated Natural Re- State and local economic activity; and entity; sources Act of 2008 (Public Law 110–229; 122 (G) has a conceptual boundary map that is (5) authorizes or implies the reservation or Stat. 819) is amended— supported by the public. (c) REPORT.—Not later than 3 years after appropriation of water or water rights; (1) by inserting ‘‘, Livingston,’’ after ‘‘La- the date on which funds are first made avail- (6) enlarges or diminishes the treaty rights Salle’’; and able to carry out this section, the Secretary of any Indian Tribe within the National Her- (2) by inserting ‘‘, the city of Jonesboro in shall submit to the Committee on Natural itage Area; Union County, and the city of Freeport in Resources of the House of Representatives (7) diminishes— Stephenson County’’ after ‘‘Woodford coun- and the Committee on Energy and Natural (A) the authority of the State to manage ties’’. Resources of the Senate a report that de- fish and wildlife, including the regulation of (b) MAP.—The Secretary shall update the scribes— fishing and hunting within a National Herit- map referred to in section 443(b)(2) of the (1) the findings of the study under sub- age Area designated by subsection (a); or Consolidated Natural Resources Act of 2008 section (b); and (B) the authority of Indian Tribes to regu- to reflect the boundary adjustment made by (2) any conclusions and recommendations late members of Indian Tribes with respect the amendments in subsection (a). of the Secretary. to fishing, hunting, and gathering in the ex- SEC. 6003. FINGER LAKES NATIONAL HERITAGE ercise of treaty rights; or AREA STUDY. SEC. 6004. NATIONAL HERITAGE AREA AMEND- MENTS. (8) creates any liability, or affects any li- (a) DEFINITIONS.—In this section: (a) RIVERS OF STEEL NATIONAL HERITAGE ability under any other law, of any private (1) HERITAGE AREA.—The term ‘‘Heritage AREA.—Section 409(a) of the Omnibus Parks Area’’ means the Finger Lakes National Her- property owner with respect to any person and Public Lands Management Act of 1996 itage Area. injured on the private property. (Public Law 104–333; 110 Stat. 4256; 129 Stat. VALUATION AND REPORT.— TATE.—The term ‘‘State’’ means the (f) E (2) S 2551) is amended in the second sentence, by (1) IN GENERAL.—For each of the National State of New York. striking ‘‘$17,000,000’’ and inserting Heritage Areas designated by subsection (a), (3) STUDY AREA.—The term ‘‘study area’’ ‘‘$20,000,000’’. not later than 3 years before the date on means— (b) ESSEX NATIONAL HERITAGE AREA.—Sec- which authority for Federal funding termi- (A) the counties in the State of Cayuga, tion 508(a) of the Omnibus Parks and Public nates for each National Heritage Area, the Chemung, Cortland, Livingston, Monroe, On- Lands Management Act of 1996 (Public Law Secretary shall— ondaga, Ontario, Schuyler, Seneca, Steuben, 104–333; 110 Stat. 4260; 129 Stat. 2551) is (A) conduct an evaluation of the accom- Tioga, Tompkins, Wayne, and Yates; and amended in the second sentence, by striking plishments of the National Heritage Area; (B) any other areas in the State that— ‘‘$17,000,000’’ and inserting ‘‘$20,000,000’’. and (i) have heritage aspects that are similar (c) OHIO & ERIE NATIONAL HERITAGE (B) prepare a report in accordance with to the areas described in subparagraph (A); CANALWAY.—Section 810(a) of the Omnibus paragraph (3). and Parks and Public Lands Management Act of (2) EVALUATION.—An evaluation conducted (ii) are adjacent to, or in the vicinity of, 1996 (Public Law 104–333; 110 Stat. 4275; 122 under paragraph (1)(A) shall— those areas. Stat. 826) is amended by striking the second (A) assess the progress of the local man- (b) STUDY.— sentence and inserting the following: ‘‘Not agement entity with respect to— (1) IN GENERAL.—The Secretary, in con- more than a total of $20,000,000 may be appro- (i) accomplishing the purposes of the au- sultation with State and local historic pres- priated for the canalway under this title.’’. thorizing legislation for the National Herit- ervation officers, State and local historical (d) BLUE RIDGE NATIONAL HERITAGE age Area; and societies, State and local tourism offices, AREA.—The Blue Ridge National Heritage (ii) achieving the goals and objectives of and other appropriate organizations and gov- Area Act of 2003 (Public Law 108–108; 117 the approved management plan for the Na- ernmental agencies, shall conduct a study to Stat. 1274; 131 Stat. 461; 132 Stat. 661) is tional Heritage Area; assess the suitability and feasibility of desig- amended—

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1250 CONGRESSIONAL RECORD — SENATE February 12, 2019

(1) in subsection (i)(1), by striking ‘‘(b) AUTHORIZATION.—For the purpose’’. protecting water and wildlife on land and ‘‘$12,000,000’’ and inserting ‘‘$14,000,000’’; and (B) PROTECTION OF WATER, OCEANS, COASTS, coasts and in oceans and water. (2) by striking subsection (j) and inserting AND WILDLIFE FROM INVASIVE SPECIES.—The ‘‘(8) SPECIES.—The term ‘species’ means a the following: Fish and Wildlife Coordination Act (16 U.S.C. group of organisms, all of which— ‘‘(j) TERMINATION OF AUTHORITY.—The au- 661 et seq.) is amended by adding at the end ‘‘(A) have a high degree of genetic simi- thority of the Secretary to provide assist- the following: larity; ance under this section terminates on Sep- ‘‘SEC. 10. PROTECTION OF WATER, OCEANS, ‘‘(B) are morphologically distinct; tember 30, 2021.’’. COASTS, AND WILDLIFE FROM ‘‘(C) generally— (e) MOTORCITIES NATIONAL HERITAGE INVASIVE SPECIES. ‘‘(i) interbreed at maturity only among AREA.—Section 110(a) of the Automobile Na- themselves; and tional Heritage Area Act (Public Law 105– ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) CONTROL.—The term ‘control’, with re- ‘‘(ii) produce fertile offspring; and 355; 112 Stat. 3252) is amended, in the second ‘‘(D) show persistent differences from sentence, by striking ‘‘$10,000,000’’ and in- spect to an invasive species, means the eradi- cation, suppression, or reduction of the popu- members of allied groups of organisms. serting ‘‘$12,000,000’’. ‘‘(b) CONTROL AND MANAGEMENT.—Each (f) WHEELING NATIONAL HERITAGE AREA.— lation of the invasive species within the area in which the invasive species is present. Secretary concerned shall plan and carry out Subsection (h)(1) of the Wheeling National activities on land directly managed by the Heritage Area Act of 2000 (Public Law 106– ‘‘(2) ECOSYSTEM.—The term ‘ecosystem’ means the complex of a community of orga- Secretary concerned to protect water and 291; 114 Stat. 967; 128 Stat. 2421; 129 Stat. 2550) wildlife by controlling and managing nisms and the environment of the organisms. is amended by striking ‘‘$13,000,000’’ and in- invasive species— ‘‘(3) ELIGIBLE STATE.—The term ‘eligible serting ‘‘$15,000,000’’. ‘‘(1) to inhibit or reduce the populations of (g) TENNESSEE CIVIL WAR HERITAGE State’ means any of— invasive species; and AREA.—Section 208 of the Omnibus Parks ‘‘(A) a State; ‘‘(2) to effectuate restoration or reclama- and Public Lands Management Act of 1996 ‘‘(B) the District of Columbia; tion efforts. (Public Law 104–333; 110 Stat. 4248; 127 Stat. ‘‘(C) the Commonwealth of Puerto Rico; ‘‘(c) STRATEGIC PLAN.— 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) ‘‘(D) Guam; ‘‘(1) IN GENERAL.—Each Secretary con- is amended by striking ‘‘after’’ and all that ‘‘(E) American Samoa; cerned shall develop a strategic plan for the follows through the period at the end and in- ‘‘(F) the Commonwealth of the Northern implementation of the invasive species pro- serting the following: ‘‘after September 30, Mariana Islands; and 2021.’’. gram to achieve, to the maximum extent ‘‘(G) the United States Virgin Islands. practicable, a substantive annual net reduc- (h) AUGUSTA CANAL NATIONAL HERITAGE NVASIVE SPECIES.— ‘‘(4) I tion of invasive species populations or in- AREA.—Section 310 of the Omnibus Parks ‘‘(A) IN GENERAL.—The term ‘invasive spe- fested acreage on land or water managed by and Public Lands Management Act of 1996 cies’ means an alien species, the introduc- the Secretary concerned. (Public Law 104–333; 110 Stat. 4252; 127 Stat. tion of which causes, or is likely to cause, 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) ‘‘(2) COORDINATION.—Each strategic plan economic or environmental harm or harm to under paragraph (1) shall be developed— is amended by striking ‘‘2019’’ and inserting human health. ‘‘2021’’. ‘‘(A) in coordination with affected— ‘‘(B) ASSOCIATED DEFINITION.—For purposes (i) SOUTH CAROLINA NATIONAL HERITAGE ‘‘(i) eligible States; and of subparagraph (A), the term ‘alien species’, CORRIDOR.—Section 607 of the Omnibus Parks ‘‘(ii) political subdivisions of eligible with respect to a particular ecosystem, and Public Lands Management Act of 1996 States; means any species (including the seeds, eggs, (Public Law 104–333; 110 Stat. 4264; 127 Stat. ‘‘(B) in consultation with federally recog- spores, or other biological material of the 420; 128 Stat. 314; 129 Stat. 2551; 132 Stat. 661) nized Indian tribes; and species that are capable of propagating the is amended by striking ‘‘2019’’ and inserting ‘‘(C) in accordance with the priorities es- species) that is not native to the affected ‘‘2021’’. tablished by 1 or more Governors of the eligi- ecosystem. (j) OIL REGION NATIONAL HERITAGE AREA.— ble States in which an ecosystem affected by ‘‘(5) MANAGE; MANAGEMENT.—The terms The Oil Region National Heritage Area Act an invasive species is located. ‘manage’ and ‘management’, with respect to (Public Law 108–447; 118 Stat. 3368) is amend- ‘‘(3) FACTORS FOR CONSIDERATION.—In de- ed by striking ‘‘Oil Heritage Region, Inc.’’ an invasive species, mean the active imple- veloping a strategic plan under this sub- each place it appears and inserting ‘‘Oil Re- mentation of any activity— section, the Secretary concerned shall take gion Alliance of Business, Industry and ‘‘(A) to reduce or stop the spread of the into consideration the economic and ecologi- Tourism’’. invasive species; and cal costs of action or inaction, as applicable. UDSON IVER ALLEY ATIONAL ERIT (k) H R V N H - ‘‘(B) to inhibit further infestations of the ‘‘(d) COST-EFFECTIVE METHODS.—In select- AGE AREA REDESIGNATION.— invasive species, the spread of the invasive ing a method to be used to control or man- (1) IN GENERAL.—The Hudson River Valley species, or harm caused by the invasive spe- age an invasive species as part of a specific National Heritage Area Act of 1996 (Public cies, including investigations regarding control or management project conducted as Law 104–333; 110 Stat. 4275) is amended by methods for early detection and rapid re- part of a strategic plan developed under sub- striking ‘‘Hudson River Valley National Her- sponse, prevention, control, or management section (c), the Secretary concerned shall itage Area’’ each place it appears and insert- of the invasive species. prioritize the use of methods that— ing ‘‘Maurice D. Hinchey Hudson River Val- ‘‘(6) PREVENT.—The term ‘prevent’, with ‘‘(1) effectively control and manage ley National Heritage Area’’. respect to an invasive species, means— invasive species, as determined by the Sec- (2) REFERENCE IN LAW.—Any reference in a ‘‘(A) to hinder the introduction of the retary concerned, based on sound scientific law, map, regulation, document, paper, or invasive species onto land or water; or data; other record of the United States to the Her- ‘‘(B) to impede the spread of the invasive ‘‘(2) minimize environmental impacts; and itage Area referred to in paragraph (1) shall species within land or water by inspecting, ‘‘(3) control and manage invasive species in be deemed to be a reference to the ‘‘Maurice intercepting, or confiscating invasive species the most cost-effective manner. D. Hinchey Hudson River Valley National threats prior to the establishment of the ‘‘(e) COMPARATIVE ECONOMIC ASSESSMENT.— Heritage Area’’. invasive species onto land or water of an eli- To achieve compliance with subsection (d), TITLE VII—WILDLIFE HABITAT AND gible State. the Secretary concerned shall require a com- CONSERVATION ‘‘(7) SECRETARY CONCERNED.—The term parative economic assessment of invasive SEC. 7001. WILDLIFE HABITAT AND CONSERVA- ‘Secretary concerned’ means— species control and management methods to TION. ‘‘(A) the Secretary of the Army, with re- be conducted. (a) PARTNERS FOR FISH AND WILDLIFE PRO- spect to Federal land administered by the ‘‘(f) EXPEDITED ACTION.— GRAM REAUTHORIZATION.—Section 5 of the Corps of Engineers; ‘‘(1) IN GENERAL.—The Secretaries con- Partners for Fish and Wildlife Act (16 U.S.C. ‘‘(B) the Secretary of the Interior, with re- cerned shall use all tools and flexibilities 3774) is amended by striking ‘‘2006 through spect to Federal land administered by the available (as of the date of enactment of this 2011’’ and inserting ‘‘2019 through 2023’’. Secretary of the Interior through— section) to expedite the projects and activi- (b) FISH AND WILDLIFE COORDINATION.— ‘‘(i) the United States Fish and Wildlife ties described in paragraph (2). (1) PURPOSE.—The purpose of this sub- Service; ‘‘(2) DESCRIPTION OF PROJECTS AND ACTIVI- section is to protect water, oceans, coasts, ‘‘(ii) the Bureau of Indian Affairs; TIES.—A project or activity referred to in and wildlife from invasive species. ‘‘(iii) the Bureau of Land Management; paragraph (1) is a project or activity— (2) AMENDMENTS TO FISH AND WILDLIFE CO- ‘‘(iv) the Bureau of Reclamation; or ‘‘(A) to protect water or wildlife from an ORDINATION ACT.— ‘‘(v) the National Park Service; invasive species that, as determined by the (A) SHORT TITLE; AUTHORIZATION.—The first ‘‘(C) the Secretary of Agriculture, with re- Secretary concerned is, or will be, carried section of the Fish and Wildlife Coordination spect to Federal land administered by the out on land or water that is— Act (16 U.S.C. 661) is amended by striking Secretary of Agriculture through the Forest ‘‘(i) directly managed by the Secretary ‘‘For the purpose’’ and inserting the fol- Service; and concerned; and lowing: ‘‘(D) the head or a representative of any ‘‘(ii) located in an area that is— ‘‘SECTION 1. SHORT TITLE; AUTHORIZATION. other Federal agency the duties of whom re- ‘‘(I) at high risk for the introduction, es- ‘‘(a) SHORT TITLE.—This Act may be cited quire planning relating to, and the treat- tablishment, or spread of invasive species; as the ‘Fish and Wildlife Coordination Act’. ment of, invasive species for the purpose of and

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1251 ‘‘(II) determined by the Secretary con- concerned to suspend any water delivery or carried out pursuant to this section shall be cerned to require immediate action to ad- diversion, or otherwise to prevent the oper- coordinated with affected local governments dress the risk identified in subclause (I); and ation of a public water supply system, as a in a manner that is consistent with section ‘‘(B) carried out in accordance with appli- measure to control, manage, or prevent the 202(c)(9) of the Federal Land Policy and Man- cable agency procedures, including any ap- introduction or spread of an invasive species. agement Act of 1976 (43 U.S.C. 1712(c)(9)).’’. plicable— ‘‘(l) USE OF PARTNERSHIPS.—Subject to the (c) WILDLIFE CONSERVATION.— ‘‘(i) land or resource management plan; or subsections (m) and (n), the Secretary con- (1) REAUTHORIZATIONS.— ‘‘(ii) land use plan. cerned may enter into any contract or coop- (A) REAUTHORIZATION OF AFRICAN ELEPHANT ‘‘(g) ALLOCATION OF FUNDING.—Of the erative agreement with another Federal CONSERVATION ACT.—Section 2306(a) of the Af- amount appropriated or otherwise made agency, an eligible State, a federally recog- rican Elephant Conservation Act (16 U.S.C. available to each Secretary concerned for a nized Indian tribe, a political subdivision of 4245(a)) is amended by striking ‘‘2007 through fiscal year for programs that address or in- an eligible State, or a private individual or 2012’’ and inserting ‘‘2019 through 2023’’. entity to assist with the control and man- clude protection of land or water from an (B) REAUTHORIZATION OF ASIAN ELEPHANT agement of an invasive species. invasive species, the Secretary concerned CONSERVATION ACT OF 1997.—Section 8(a) of ‘‘(m) MEMORANDUM OF UNDERSTANDING.— shall use not less than 75 percent for on-the- the Asian Elephant Conservation Act of 1997 ground control and management of invasive ‘‘(1) IN GENERAL.—As a condition of a con- tract or cooperative agreement under sub- (16 U.S.C. 4266(a)) is amended by striking species, which may include— ‘‘2007 through 2012’’ and inserting ‘‘2019 ‘‘(1) the purchase of necessary products, section (l), the Secretary concerned and the applicable Federal agency, eligible State, po- through 2023’’. equipment, or services to conduct that con- (C) REAUTHORIZATION OF RHINOCEROS AND trol and management; litical subdivision of an eligible State, or private individual or entity shall enter into TIGER CONSERVATION ACT OF 1994.—Section ‘‘(2) the use of integrated pest management 10(a) of the Rhinoceros and Tiger Conserva- options, including options that use pesticides a memorandum of understanding that de- scribes— tion Act of 1994 (16 U.S.C. 5306(a)) is amended authorized for sale, distribution, or use by striking ‘‘2007 through 2012’’ and inserting under the Federal Insecticide, Fungicide, ‘‘(A) the nature of the partnership between the parties to the memorandum of under- ‘‘2019 through 2023’’. and Rodenticide Act (7 U.S.C. 136 et seq.); (2) AMENDMENTS TO GREAT APE CONSERVA- ‘‘(3) the use of biological control agents standing; and ‘‘(B) the control and management activi- TION ACT OF 2000.— that are proven to be effective to reduce (A) PANEL.—Section 4(i) of the Great Ape invasive species populations; ties to be conducted under the contract or cooperative agreement. Conservation Act of 2000 (16 U.S.C. 6303(i)) is ‘‘(4) the use of revegetation or cultural res- amended— toration methods designed to improve the di- ‘‘(2) CONTENTS.—A memorandum of under- standing under this subsection shall contain, (i) by striking paragraph (1) and inserting versity and richness of ecosystems; the following: ‘‘(5) the use of monitoring and detection at a minimum, the following: ‘‘(A) A prioritized listing of each invasive ‘‘(1) CONVENTION.—Not later than 1 year activities for invasive species, including after the date of enactment of the Natural equipment, detection dogs, and mechanical species to be controlled or managed. ‘‘(B) An assessment of the total acres of Resources Management Act, and every 5 devices; years thereafter, the Secretary may convene ‘‘(6) the use of appropriate methods to re- land or area of water infested by the invasive species. a panel of experts on great apes to identify move invasive species from a vehicle or ves- the greatest needs and priorities for the con- sel capable of conveyance; or ‘‘(C) An estimate of the expected total acres of land or area of water infested by the servation of great apes.’’; ‘‘(7) the use of other effective mechanical (ii) by redesignating paragraph (2) as para- or manual control methods. invasive species after control and manage- ment of the invasive species is attempted. graph (5); and ‘‘(h) INVESTIGATIONS, OUTREACH, AND PUB- (iii) by inserting after paragraph (1) the LIC AWARENESS.—Of the amount appro- ‘‘(D) A description of each specific, inte- following: priated or otherwise made available to each grated pest management option to be used, ‘‘(2) COMPOSITION.—The Secretary shall en- Secretary concerned for a fiscal year for pro- including a comparative economic assess- sure that the panel referred to in paragraph grams that address or include protection of ment to determine the least-costly method. (1) includes, to the maximum extent prac- land or water from an invasive species, the ‘‘(E) Any map, boundary, or Global Posi- ticable, 1 or more representatives— Secretary concerned may use not more than tioning System coordinates needed to clear- ‘‘(A) from each country that comprises the 15 percent for investigations, development ly identify the area in which each control or natural range of great apes; and activities, and outreach and public aware- management activity is proposed to be con- ‘‘(B) with expertise in great ape conserva- ness efforts to address invasive species con- ducted. tion. trol and management needs. ‘‘(F) A written assurance that each partner ‘‘(3) CONSERVATION PLANS.—In identifying ‘‘(i) ADMINISTRATIVE COSTS.—Of the will comply with section 15 of the Federal amount appropriated or otherwise made Noxious Weed Act of 1974 (7 U.S.C. 2814). the conservation needs and priorities under paragraph (1), the panel referred to in that available to each Secretary concerned for a ‘‘(3) COORDINATION.—If a partner to a con- fiscal year for programs that address or in- tract or cooperative agreement under sub- paragraph shall consider any relevant great clude protection of land or water from an section (l) is an eligible State, political sub- ape conservation plan or strategy, including invasive species, not more than 10 percent division of an eligible State, or private indi- scientific research and findings relating to— may be used for administrative costs in- vidual or entity, the memorandum of under- ‘‘(A) the conservation needs and priorities curred to carry out those programs, includ- standing under this subsection shall include of great apes; ing costs relating to oversight and manage- a description of— ‘‘(B) any regional or species-specific action ment of the programs, recordkeeping, and ‘‘(A) the means by which each applicable plan or strategy; implementation of the strategic plan devel- control or management effort will be coordi- ‘‘(C) any applicable strategy developed or oped under subsection (c). nated; and initiated by the Secretary; and ‘‘(j) REPORTING REQUIREMENTS.—Not later ‘‘(B) the expected outcomes of managing ‘‘(D) any other applicable conservation than 60 days after the end of the second fis- and controlling the invasive species. plan or strategy. ‘‘(4) FUNDS.—Subject to the availability of cal year beginning after the date of enact- ‘‘(4) PUBLIC OUTREACH AND AWARENESS EF- appropriations, the Secretary may use ment of this section, each Secretary con- FORTS.—If a contract or cooperative agree- cerned shall submit to Congress a report— ment under subsection (l) involves any out- amounts available to the Secretary to pay ‘‘(1) describing the use by the Secretary reach or public awareness effort, the memo- for the costs of convening and facilitating concerned during the 2 preceding fiscal years randum of understanding under this sub- any meeting of the panel referred to in para- of funds for programs that address or include section shall include a list of goals and ob- graph (1).’’. invasive species management; and jectives for each outreach or public aware- (B) MULTIYEAR GRANTS.—Section 4 of the ‘‘(2) specifying the percentage of funds ex- ness effort that have been determined to be Great Ape Conservation Act of 2000 (16 U.S.C. pended for each of the purposes specified in efficient to inform national, regional, State, 6303) is amended by adding at the end the fol- subsections (g), (h), and (i). Tribal, or local audiences regarding invasive lowing: ‘‘(k) RELATION TO OTHER AUTHORITY.— species control and management. ‘‘(j) MULTIYEAR GRANTS.— ‘‘(1) OTHER INVASIVE SPECIES CONTROL, PRE- ‘‘(n) INVESTIGATIONS.—The purpose of any ‘‘(1) AUTHORIZATION.—The Secretary may VENTION, AND MANAGEMENT AUTHORITIES.— invasive species-related investigation carried award to a person who is otherwise eligible Nothing in this section precludes the Sec- out under a contract or cooperative agree- for a grant under this section a multiyear retary concerned from pursuing or sup- ment under subsection (l) shall be— grant to carry out a project that the person porting, pursuant to any other provision of ‘‘(1) to develop solutions and specific rec- demonstrates is an effective, long-term con- law, any activity regarding the control, pre- ommendations for control and management servation strategy for great apes and the vention, or management of an invasive spe- of invasive species; and habitat of great apes. cies, including investigations to improve the ‘‘(2) specifically to provide faster imple- ‘‘(2) EFFECT OF SUBSECTION.—Nothing in control, prevention, or management of the mentation of control and management meth- this subsection precludes the Secretary from invasive species. ods. awarding a grant on an annual basis.’’. ‘‘(2) PUBLIC WATER SUPPLY SYSTEMS.—Noth- ‘‘(o) COORDINATION WITH AFFECTED LOCAL (C) ADMINISTRATIVE EXPENSES.—Section ing in this section authorizes the Secretary GOVERNMENTS.—Each project and activity 5(b)(2) of the Great Ape Conservation Act of

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1252 CONGRESSIONAL RECORD — SENATE February 12, 2019

2000 (16 U.S.C. 6304(b)(2)) is amended by strik- (iv) by inserting after paragraph (4) (as so (F) AUTHORIZATION OF APPROPRIATIONS.— ing ‘‘$100,000’’ and inserting ‘‘$150,000’’. redesignated) the following: Section 7 of the Marine Turtle Conservation (D) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) HABITAT.—The term ‘habitat’ means Act of 2004 (16 U.S.C. 6606) is amended to read Section 6 of the Great Ape Conservation Act any marine turtle, freshwater turtle, or tor- as follows: of 2000 (16 U.S.C. 6305) is amended by striking toise habitat (including a nesting habitat) ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ‘‘2006 through 2010’’ and inserting ‘‘2019 that is under the jurisdiction of United ‘‘(a) IN GENERAL.—There is authorized to through 2023’’. States Fish and Wildlife Service programs.’’; be appropriated to the Fund $5,000,000 for (3) AMENDMENTS TO MARINE TURTLE CON- and each of fiscal years 2019 through 2023. SERVATION ACT OF 2004.— (v) by inserting after paragraph (8) (as so ‘‘(b) ALLOCATION.—Of the amounts made (A) PURPOSE.—Section 2 of the Marine Tur- redesignated) the following: available for each fiscal year pursuant to tle Conservation Act of 2004 (16 U.S.C. 6601) is ‘‘(9) TERRITORY OF THE UNITED STATES.— subsection (a)— amended by striking subsection (b) and in- The term ‘territory of the United States’ ‘‘(1) not less than $1,510,000 shall be used by serting the following: means— the Secretary for marine turtle conservation ‘‘(b) PURPOSE.—The purpose of this Act is ‘‘(A) American Samoa; purposes in accordance with this Act; and to assist in the conservation of marine tur- ‘‘(B) the Commonwealth of the Northern ‘‘(2) of the amounts in excess of the tles, freshwater turtles, and tortoises and Mariana Islands; amount described in paragraph (1), not less the habitats of marine turtles, freshwater ‘‘(C) the Commonwealth of Puerto Rico; than 40 percent shall be used by the Sec- turtles, and tortoises in foreign countries ‘‘(D) Guam; retary for freshwater turtle and tortoise con- and territories of the United States by sup- ‘‘(E) the United States Virgin Islands; and servation purposes in accordance with this porting and providing financial resources for ‘‘(F) any other territory or possession of Act.’’. projects— the United States. (d) PRIZE COMPETITIONS.— ‘‘(1) to conserve marine turtle, freshwater ‘‘(10) TORTOISE.— (1) DEFINITIONS.—In this subsection: turtle, and tortoise habitats under the juris- ‘‘(A) IN GENERAL.—The term ‘tortoise’ (A) NON-FEDERAL FUNDS.—The term ‘‘non- diction of United States Fish and Wildlife means any member of the family Federal funds’’ means funds provided by— Service programs; Testudinidae. (i) a State; ‘‘(2) to conserve marine turtles, freshwater ‘‘(B) INCLUSIONS.—The term ‘tortoise’ in- (ii) a territory of the United States; turtles, and tortoises in those habitats; and cludes— (iii) 1 or more units of local or tribal gov- ‘‘(3) to address other threats to the sur- ‘‘(i) any part, product, egg, or offspring of ernment; vival of marine turtles, freshwater turtles, a tortoise described in subparagraph (A); and (iv) a private for-profit entity; and tortoises, including habitat loss, poach- ‘‘(ii) a carcass of such a tortoise.’’. (v) a nonprofit organization; or ing of turtles or their eggs, and wildlife traf- (C) CONSERVATION ASSISTANCE.—Section 4 (vi) a private individual. ficking.’’. of the Marine Turtle Conservation Act of (B) SECRETARY.—The term ‘‘Secretary’’ (B) DEFINITIONS.—Section 3 of the Marine 2004 (16 U.S.C. 6603) is amended— means the Secretary, acting through the Di- Turtle Conservation Act of 2004 (16 U.S.C. (i) in the section heading, by striking ‘‘MA- rector of the United States Fish and Wildlife 6602) is amended— RINE TURTLE’’; Service. (i) in paragraph (2)— (ii) in subsection (a), by inserting ‘‘, fresh- (C) WILDLIFE.—The term ‘‘wildlife’’ has the (I) in the matter preceding subparagraph water turtles, or tortoises’’ after ‘‘marine meaning given the term in section 8 of the (A), by striking ‘‘nesting habitats of marine turtles’’; Fish and Wildlife Coordination Act (16 U.S.C. turtles in foreign countries and of marine (iii) in subsection (b)(1)— 666b). turtles in those habitats’’ and inserting ‘‘ma- (I) in the matter preceding subparagraph (2) THEODORE ROOSEVELT GENIUS PRIZE FOR rine turtles, freshwater turtles, and tor- (A), by inserting ‘‘, freshwater turtles, or PREVENTION OF WILDLIFE POACHING AND TRAF- toises, and the habitats of marine turtles, tortoises’’ after ‘‘marine turtles’’; FICKING.— freshwater turtles, and tortoises, in foreign (II) by striking subparagraph (A) and in- (A) DEFINITIONS.—In this paragraph: countries and territories of the United serting the following: (i) BOARD.—The term ‘‘Board’’ means the States under the jurisdiction of United ‘‘(A) any wildlife management authority of Prevention of Wildlife Poaching and Traf- States Fish and Wildlife Service programs’’; a foreign country or territory of the United ficking Technology Advisory Board estab- (II) in subparagraphs (A), (B), and (C), by States that has within its boundaries marine lished by subparagraph (C)(i). striking ‘‘nesting’’ each place it appears; turtle, freshwater turtle, or tortoise habitat, (ii) PRIZE COMPETITION.—The term ‘‘prize (III) in subparagraph (D)— if the activities of the authority directly or competition’’ means the Theodore Roosevelt (aa) in the matter preceding clause (i), by indirectly affect marine turtle, freshwater Genius Prize for the prevention of wildlife striking ‘‘countries to—’’ and inserting turtle, or tortoise conservation; or’’; and poaching and trafficking established under ‘‘countries—’’; (III) in subparagraph (B), by inserting ‘‘, subparagraph (B). (bb) in clause (i)— freshwater turtles, or tortoises’’ after ‘‘ma- (B) AUTHORITY.—Not later than 180 days (AA) by inserting ‘‘to’’ before ‘‘protect’’; rine turtles’’; after the date of enactment of this Act, the and (iv) in subsection (c)(2), in each of subpara- Secretary shall establish under section 24 of (BB) by striking ‘‘nesting’’ each place it graphs (A) and (C), by inserting ‘‘and terri- the Stevenson-Wydler Technology Innova- appears; and tory of the United States’’ after ‘‘each coun- tion Act of 1980 (15 U.S.C. 3719) a prize com- (cc) in clause (ii), by inserting ‘‘to’’ before try’’; petition, to be known as the ‘‘Theodore Roo- ‘‘prevent’’; (v) by striking subsection (d) and inserting sevelt Genius Prize for the prevention of (IV) in subparagraph (E)(i), by striking the following: wildlife poaching and trafficking’’— ‘‘turtles on nesting habitat’’ and inserting ‘‘(d) CRITERIA FOR APPROVAL.—The Sec- (i) to encourage technological innovation ‘‘turtles, freshwater turtles, and tortoises’’; retary may approve a project proposal under with the potential to advance the mission of (V) in subparagraph (F), by striking ‘‘tur- this section if the Secretary determines that the United States Fish and Wildlife Service tles over habitat used by marine turtles for the project will help to restore, recover, and with respect to the prevention of wildlife nesting’’ and inserting ‘‘turtles, freshwater sustain a viable population of marine tur- poaching and trafficking; and turtles, and tortoises over habitats used by tles, freshwater turtles, or tortoises in the (ii) to award 1 or more prizes annually for marine turtles, freshwater turtles, and tor- wild by assisting efforts in a foreign country a technological advancement that prevents toises’’; and or territory of the United States to imple- wildlife poaching and trafficking. (VI) in subparagraph (H), by striking ment a marine turtle, freshwater turtle, or (C) ADVISORY BOARD.— ‘‘nesting’’ each place it appears; tortoise conservation program.’’; and (i) ESTABLISHMENT.—There is established (ii) by redesignating paragraphs (3), (4), (5), (vi) in subsection (e), by striking ‘‘marine an advisory board, to be known as the ‘‘Pre- and (6) as paragraphs (4), (6), (7), and (8), re- turtles and their nesting habitats’’ and in- vention of Wildlife Poaching and Trafficking spectively; serting ‘‘marine turtles, freshwater turtles, Technology Advisory Board’’. (iii) by inserting before paragraph (4) (as so or tortoises and the habitats of marine tur- (ii) COMPOSITION.—The Board shall be com- redesignated) the following: tles, freshwater turtles, or tortoises’’. posed of not fewer than 9 members appointed ‘‘(3) FRESHWATER TURTLE.— (D) MARINE TURTLE CONSERVATION FUND.— by the Secretary, who shall provide expertise ‘‘(A) IN GENERAL.—The term ‘freshwater Section 5 of the Marine Turtle Conservation in— turtle’ means any member of the family Act of 2004 (16 U.S.C. 6604) is amended— (I) wildlife trafficking and trade; Carettochelyidae, Chelidae, Chelydridae, (i) in subsection (a)(2), by striking ‘‘section (II) wildlife conservation and management; Dermatemydidae, Emydidae, Geoemydidae, 6’’ and inserting ‘‘section 7(a)’’; and (III) biology; Kinosternidae, Pelomedusidae, (ii) in subsection (b)(2), by striking ‘‘3 per- (IV) technology development; Platysternidae, Podocnemididae, or cent, or up to $80,000’’ and inserting ‘‘5 per- (V) engineering; Trionychidae. cent, or up to $150,000’’. (VI) economics; ‘‘(B) INCLUSIONS.—The term ‘freshwater (E) ADVISORY GROUP.—Section 6(a) of the (VII) business development and manage- turtle’ includes— Marine Turtle Conservation Act of 2004 (16 ment; and ‘‘(i) any part, product, egg, or offspring of U.S.C. 6605(a)) is amended by inserting ‘‘, (VIII) any other discipline, as the Sec- a turtle described in subparagraph (A); and freshwater turtles, or tortoises’’ after ‘‘ma- retary determines to be necessary to achieve ‘‘(ii) a carcass of such a turtle.’’; rine turtles’’. the purposes of this paragraph.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1253

(iii) DUTIES.—Subject to clause (iv), with (G) TERMINATION OF AUTHORITY.—The an interest in the promotion of wildlife con- respect to the prize competition, the Board Board and all authority provided under this servation. shall— paragraph shall terminate on December 31, (v) REQUIREMENTS.—The Board shall com- (I) select a topic; 2023. ply with all requirements under paragraph (II) issue a problem statement; (3) THEODORE ROOSEVELT GENIUS PRIZE FOR (7)(A). (III) advise the Secretary regarding any op- PROMOTION OF WILDLIFE CONSERVATION.— (D) AGREEMENT WITH NATIONAL FISH AND portunity for technological innovation to (A) DEFINITIONS.—In this paragraph: WILDLIFE FOUNDATION.— prevent wildlife poaching and trafficking; (i) BOARD.—The term ‘‘Board’’ means the (i) IN GENERAL.—The Secretary shall offer and Promotion of Wildlife Conservation Tech- to enter into an agreement under which the (IV) advise winners of the prize competi- nology Advisory Board established by sub- National Fish and Wildlife Foundation shall tion regarding opportunities to pilot and im- paragraph (C)(i). administer the prize competition. plement winning technologies in relevant (ii) PRIZE COMPETITION.—The term ‘‘prize (ii) REQUIREMENTS.—An agreement entered fields, including in partnership with con- competition’’ means the Theodore Roosevelt into under clause (i) shall comply with all re- servation organizations, Federal or State Genius Prize for the promotion of wildlife quirements under paragraph (7)(B). agencies, federally recognized Indian tribes, conservation established under subparagraph (E) JUDGES.— private entities, and research institutions (B). (i) APPOINTMENT.—The Secretary shall ap- with expertise or interest relating to the pre- (B) AUTHORITY.—Not later than 180 days point not fewer than 3 judges who shall, ex- vention of wildlife poaching and trafficking. after the date of enactment of this Act, the cept as provided in clause (ii), select the 1 or (iv) CONSULTATION.—In selecting a topic Secretary shall establish under section 24 of more annual winners of the prize competi- and issuing a problem statement for the the Stevenson-Wydler Technology Innova- tion. prize competition under subclauses (I) and tion Act of 1980 (15 U.S.C. 3719) a prize com- (ii) DETERMINATION BY SECRETARY.—The (II) of clause (iii), respectively, the Board petition, to be known as the ‘‘Theodore Roo- judges appointed under clause (i) shall not shall consult widely with Federal and non- sevelt Genius Prize for the promotion of select any annual winner of the prize com- Federal stakeholders, including— wildlife conservation’’— petition if the Secretary makes a determina- (I) 1 or more Federal agencies with juris- (i) to encourage technological innovation tion that, in any fiscal year, none of the diction over the prevention of wildlife poach- with the potential to advance the mission of technological advancements entered into the ing and trafficking; the United States Fish and Wildlife Service prize competition merits an award. (II) 1 or more State agencies with jurisdic- with respect to the promotion of wildlife (F) REPORT TO CONGRESS.—Not later than tion over the prevention of wildlife poaching conservation; and 60 days after the date on which a cash prize and trafficking; (ii) to award 1 or more prizes annually for is awarded under this paragraph, the Sec- (III) 1 or more State, regional, or local a technological advancement that promotes retary shall submit to the Committee on En- wildlife organizations, the mission of which wildlife conservation. vironment and Public Works of the Senate relates to the prevention of wildlife poaching (C) ADVISORY BOARD.— and the Committee on Natural Resources of and trafficking; and (i) ESTABLISHMENT.—There is established the House of Representatives a report on the (IV) 1 or more wildlife conservation groups, an advisory board, to be known as the ‘‘Pro- prize competition that includes— technology companies, research institutions, motion of Wildlife Conservation Technology (i) a statement by the Board that describes institutions of higher education, industry as- Advisory Board’’. the activities carried out by the Board relat- sociations, or individual stakeholders with (ii) COMPOSITION.—The Board shall be com- ing to the duties described in subparagraph an interest in the prevention of wildlife posed of not fewer than 9 members appointed (C)(iii); poaching and trafficking. by the Secretary, who shall provide expertise (ii) if the Secretary has entered into an (v) REQUIREMENTS.—The Board shall com- in— agreement under subparagraph (D)(i), a ply with all requirements under paragraph (I) wildlife conservation and management; statement by the National Fish and Wildlife (7)(A). (II) biology; Foundation that describes the activities car- (D) AGREEMENT WITH NATIONAL FISH AND (III) technology development; ried out by the National Fish and Wildlife WILDLIFE FOUNDATION.— (IV) engineering; Foundation relating to the duties described (i) IN GENERAL.—The Secretary shall offer (V) economics; in paragraph (7)(B); and to enter into an agreement under which the (VI) business development and manage- (iii) a statement by 1 or more of the judges National Fish and Wildlife Foundation shall ment; and appointed under subparagraph (E) that ex- administer the prize competition. (VII) any other discipline, as the Secretary plains the basis on which the winner of the (ii) REQUIREMENTS.—An agreement entered determines to be necessary to achieve the cash prize was selected. into under clause (i) shall comply with all re- purposes of this paragraph. (G) TERMINATION OF AUTHORITY.—The quirements under paragraph (7)(B). (iii) DUTIES.—Subject to clause (iv), with Board and all authority provided under this (E) JUDGES.— respect to the prize competition, the Board paragraph shall terminate on December 31, (i) APPOINTMENT.—The Secretary shall ap- shall— 2023. point not fewer than 3 judges who shall, ex- (I) select a topic; (4) THEODORE ROOSEVELT GENIUS PRIZE FOR cept as provided in clause (ii), select the 1 or (II) issue a problem statement; MANAGEMENT OF INVASIVE SPECIES.— more annual winners of the prize competi- (III) advise the Secretary regarding any op- (A) DEFINITIONS.—In this paragraph: tion. portunity for technological innovation to (i) BOARD.—The term ‘‘Board’’ means the (ii) DETERMINATION BY SECRETARY.—The promote wildlife conservation; and Management of Invasive Species Technology judges appointed under clause (i) shall not (IV) advise winners of the prize competi- Advisory Board established by subparagraph select any annual winner of the prize com- tion regarding opportunities to pilot and im- (C)(i). petition if the Secretary makes a determina- plement winning technologies in relevant (ii) PRIZE COMPETITION.—The term ‘‘prize tion that, in any fiscal year, none of the fields, including in partnership with con- competition’’ means the Theodore Roosevelt technological advancements entered into the servation organizations, Federal or State Genius Prize for the management of invasive prize competition merits an award. agencies, federally recognized Indian tribes, species established under subparagraph (B). (F) REPORT TO CONGRESS.—Not later than private entities, and research institutions (B) AUTHORITY.—Not later than 180 days 60 days after the date on which a cash prize with expertise or interest relating to the after the date of enactment of this Act, the is awarded under this paragraph, the Sec- promotion of wildlife conservation. Secretary shall establish under section 24 of retary shall submit to the Committee on En- (iv) CONSULTATION.—In selecting a topic the Stevenson-Wydler Technology Innova- vironment and Public Works of the Senate and issuing a problem statement for the tion Act of 1980 (15 U.S.C. 3719) a prize com- and the Committee on Natural Resources of prize competition under subclauses (I) and petition, to be known as the ‘‘Theodore Roo- the House of Representatives a report on the (II) of clause (iii), respectively, the Board sevelt Genius Prize for the management of prize competition that includes— shall consult widely with Federal and non- invasive species’’— (i) a statement by the Board that describes Federal stakeholders, including— (i) to encourage technological innovation the activities carried out by the Board relat- (I) 1 or more Federal agencies with juris- with the potential to advance the mission of ing to the duties described in subparagraph diction over the promotion of wildlife con- the United States Fish and Wildlife Service (C)(iii); servation; with respect to the management of invasive (ii) if the Secretary has entered into an (II) 1 or more State agencies with jurisdic- species; and agreement under subparagraph (D)(i), a tion over the promotion of wildlife conserva- (ii) to award 1 or more prizes annually for statement by the National Fish and Wildlife tion; a technological advancement that manages Foundation that describes the activities car- (III) 1 or more State, regional, or local invasive species. ried out by the National Fish and Wildlife wildlife organizations, the mission of which (C) ADVISORY BOARD.— Foundation relating to the duties described relates to the promotion of wildlife con- (i) ESTABLISHMENT.—There is established in paragraph (7)(B); and servation; and an advisory board, to be known as the ‘‘Man- (iii) a statement by 1 or more of the judges (IV) 1 or more wildlife conservation groups, agement of Invasive Species Technology Ad- appointed under subparagraph (E) that ex- technology companies, research institutions, visory Board’’. plains the basis on which the winner of the institutions of higher education, industry as- (ii) COMPOSITION.—The Board shall be com- cash prize was selected. sociations, or individual stakeholders with posed of not fewer than 9 members appointed

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1254 CONGRESSIONAL RECORD — SENATE February 12, 2019 by the Secretary, who shall provide expertise (ii) if the Secretary has entered into an (II) 1 or more State agencies with jurisdic- in— agreement under subparagraph (D)(i), a tion over the protection of endangered spe- (I) invasive species; statement by the National Fish and Wildlife cies; (II) biology; Foundation that describes the activities car- (III) 1 or more State, regional, or local (III) technology development; ried out by the National Fish and Wildlife wildlife organizations, the mission of which (IV) engineering; Foundation relating to the duties described relates to the protection of endangered spe- (V) economics; in paragraph (7)(B); and cies; and (VI) business development and manage- (iii) a statement by 1 or more of the judges (IV) 1 or more wildlife conservation groups, ment; and appointed under subparagraph (E) that ex- technology companies, research institutions, (VII) any other discipline, as the Secretary plains the basis on which the winner of the institutions of higher education, industry as- determines to be necessary to achieve the cash prize was selected. sociations, or individual stakeholders with purposes of this paragraph. (G) TERMINATION OF AUTHORITY.—The an interest in the protection of endangered (iii) DUTIES.—Subject to clause (iv), with Board and all authority provided under this species. respect to the prize competition, the Board paragraph shall terminate on December 31, (v) REQUIREMENTS.—The Board shall com- shall— 2023. ply with all requirements under paragraph (I) select a topic; (5) THEODORE ROOSEVELT GENIUS PRIZE FOR (7)(A). (II) issue a problem statement; PROTECTION OF ENDANGERED SPECIES.— (D) AGREEMENT WITH NATIONAL FISH AND (III) advise the Secretary regarding any op- (A) DEFINITIONS.—In this paragraph: WILDLIFE FOUNDATION.— portunity for technological innovation to (i) BOARD.—The term ‘‘Board’’ means the (i) IN GENERAL.—The Secretary shall offer manage invasive species; and Protection of Endangered Species Tech- to enter into an agreement under which the (IV) advise winners of the prize competi- nology Advisory Board established by sub- National Fish and Wildlife Foundation shall tion regarding opportunities to pilot and im- paragraph (C)(i). administer the prize competition. plement winning technologies in relevant (ii) PRIZE COMPETITION.—The term ‘‘prize (ii) REQUIREMENTS.—An agreement entered fields, including in partnership with con- competition’’ means the Theodore Roosevelt into under clause (i) shall comply with all re- servation organizations, Federal or State Genius Prize for the protection of endan- quirements under paragraph (7)(B). agencies, federally recognized Indian tribes, gered species established under subparagraph (E) JUDGES.— private entities, and research institutions (B). (i) APPOINTMENT.—The Secretary shall ap- with expertise or interest relating to the (B) AUTHORITY.—Not later than 180 days point not fewer than 3 judges who shall, ex- management of invasive species. after the date of enactment of this Act, the cept as provided in clause (ii), select the 1 or (iv) CONSULTATION.—In selecting a topic Secretary shall establish under section 24 of more annual winners of the prize competi- and issuing a problem statement for the the Stevenson-Wydler Technology Innova- tion. prize competition under subclauses (I) and tion Act of 1980 (15 U.S.C. 3719) a prize com- (ii) DETERMINATION BY SECRETARY.—The (II) of clause (iii), respectively, the Board petition, to be known as the ‘‘Theodore Roo- judges appointed under clause (i) shall not shall consult widely with Federal and non- sevelt Genius Prize for the protection of en- select any annual winner of the prize com- Federal stakeholders, including— dangered species’’— petition if the Secretary makes a determina- (I) 1 or more Federal agencies with juris- (i) to encourage technological innovation tion that, in any fiscal year, none of the diction over the management of invasive with the potential to advance the mission of technological advancements entered into the species; the United States Fish and Wildlife Service prize competition merits an award. (II) 1 or more State agencies with jurisdic- with respect to the protection of endangered (F) REPORT TO CONGRESS.—Not later than tion over the management of invasive spe- species; and 60 days after the date on which a cash prize cies; (ii) to award 1 or more prizes annually for is awarded under this paragraph, the Sec- (III) 1 or more State, regional, or local a technological advancement that protects retary shall submit to the Committee on En- wildlife organizations, the mission of which endangered species. vironment and Public Works of the Senate relates to the management of invasive spe- (C) ADVISORY BOARD.— and the Committee on Natural Resources of cies; and (i) ESTABLISHMENT.—There is established the House of Representatives a report on the (IV) 1 or more wildlife conservation groups, an advisory board, to be known as the ‘‘Pro- prize competition that includes— technology companies, research institutions, tection of Endangered Species Technology (i) a statement by the Board that describes institutions of higher education, industry as- Advisory Board’’. the activities carried out by the Board relat- sociations, or individual stakeholders with (ii) COMPOSITION.—The Board shall be com- ing to the duties described in subparagraph an interest in the management of invasive posed of not fewer than 9 members appointed (C)(iii); species. by the Secretary, who shall provide expertise (ii) if the Secretary has entered into an (v) REQUIREMENTS.—The Board shall com- in— agreement under subparagraph (D)(i), a ply with all requirements under paragraph (I) endangered species; statement by the National Fish and Wildlife (7)(A). (II) biology; Foundation that describes the activities car- (D) AGREEMENT WITH NATIONAL FISH AND (III) technology development; ried out by the National Fish and Wildlife WILDLIFE FOUNDATION.— (IV) engineering; Foundation relating to the duties described (i) IN GENERAL.—The Secretary shall offer (V) economics; in paragraph (7)(B); and to enter into an agreement under which the (VI) business development and manage- (iii) a statement by 1 or more of the judges National Fish and Wildlife Foundation shall ment; and appointed under subparagraph (E) that ex- administer the prize competition. (VII) any other discipline, as the Secretary plains the basis on which the winner of the (ii) REQUIREMENTS.—An agreement entered determines to be necessary to achieve the cash prize was selected. into under clause (i) shall comply with all re- purposes of this paragraph. (G) TERMINATION OF AUTHORITY.—The quirements under paragraph (7)(B). (iii) DUTIES.—Subject to clause (iv), with Board and all authority provided under this (E) JUDGES.— respect to the prize competition, the Board paragraph shall terminate on December 31, (i) APPOINTMENT.—The Secretary shall ap- shall— 2023. point not fewer than 3 judges who shall, ex- (I) select a topic; (6) THEODORE ROOSEVELT GENIUS PRIZE FOR cept as provided in clause (ii), select the 1 or (II) issue a problem statement; NONLETHAL MANAGEMENT OF HUMAN-WILDLIFE more annual winners of the prize competi- (III) advise the Secretary regarding any op- CONFLICTS.— tion. portunity for technological innovation to (A) DEFINITIONS.—In this paragraph: (ii) DETERMINATION BY SECRETARY.—The protect endangered species; and (i) BOARD.—The term ‘‘Board’’ means the judges appointed under clause (i) shall not (IV) advise winners of the prize competi- Nonlethal Management of Human-Wildlife select any annual winner of the prize com- tion regarding opportunities to pilot and im- Conflicts Technology Advisory Board estab- petition if the Secretary makes a determina- plement winning technologies in relevant lished by subparagraph (C)(i). tion that, in any fiscal year, none of the fields, including in partnership with con- (ii) PRIZE COMPETITION.—The term ‘‘prize technological advancements entered into the servation organizations, Federal or State competition’’ means the Theodore Roosevelt prize competition merits an award. agencies, federally recognized Indian tribes, Genius Prize for the nonlethal management (F) REPORT TO CONGRESS.—Not later than private entities, and research institutions of human-wildlife conflicts established under 60 days after the date on which a cash prize with expertise or interest relating to the subparagraph (B). is awarded under this paragraph, the Sec- protection of endangered species. (B) AUTHORITY.—Not later than 180 days retary shall submit to the Committee on En- (iv) CONSULTATION.—In selecting a topic after the date of enactment of this Act, the vironment and Public Works of the Senate and issuing a problem statement for the Secretary shall establish under section 24 of and the Committee on Natural Resources of prize competition under subclauses (I) and the Stevenson-Wydler Technology Innova- the House of Representatives a report on the (II) of clause (iii), respectively, the Board tion Act of 1980 (15 U.S.C. 3719) a prize com- prize competition that includes— shall consult widely with Federal and non- petition, to be known as the ‘‘Theodore Roo- (i) a statement by the Board that describes Federal stakeholders, including— sevelt Genius Prize for the nonlethal man- the activities carried out by the Board relat- (I) 1 or more Federal agencies with juris- agement of human-wildlife conflicts’’— ing to the duties described in subparagraph diction over the protection of endangered (i) to encourage technological innovation (C)(iii); species; with the potential to advance the mission of

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1255

the United States Fish and Wildlife Service cept as provided in clause (ii), select the 1 or (B) AGREEMENTS WITH NATIONAL FISH AND with respect to the nonlethal management of more annual winners of the prize competi- WILDLIFE FOUNDATION.—Any agreement en- human-wildlife conflicts; and tion. tered into under paragraph (2)(D)(i), (3)(D)(i), (ii) to award 1 or more prizes annually for (ii) DETERMINATION BY SECRETARY.—The (4)(D)(i), (5)(D)(i), or (6)(D)(i) shall comply a technological advancement that promotes judges appointed under clause (i) shall not with the following requirements: the nonlethal management of human-wildlife select any annual winner of the prize com- (i) DUTIES.—An agreement shall provide conflicts. petition if the Secretary makes a determina- that the National Fish and Wildlife Founda- (C) ADVISORY BOARD.— tion that, in any fiscal year, none of the tion shall— (i) ESTABLISHMENT.—There is established technological advancements entered into the (I) advertise the prize competition; an advisory board, to be known as the ‘‘Non- prize competition merits an award. (II) solicit prize competition participants; lethal Management of Human-Wildlife Con- (F) REPORT TO CONGRESS.—Not later than (III) administer funds relating to the prize flicts Technology Advisory Board’’. 60 days after the date on which a cash prize competition; (ii) COMPOSITION.—The Board shall be com- is awarded under this paragraph, the Sec- (IV) receive Federal funds— posed of not fewer than 9 members appointed retary shall submit to the Committee on En- (aa) to administer the prize competition; by the Secretary, who shall provide expertise vironment and Public Works of the Senate and in— and the Committee on Natural Resources of (bb) to award a cash prize; (I) nonlethal wildlife management; the House of Representatives a report on the (V) carry out activities to generate con- (II) social aspects of human-wildlife con- prize competition that includes— tributions of non-Federal funds to offset, in flict management; (i) a statement by the Board that describes whole or in part— (III) biology; the activities carried out by the Board relat- (aa) the administrative costs of the prize (IV) technology development; ing to the duties described in subparagraph competition; and (V) engineering; (C)(iii); (bb) the costs of a cash prize; (VI) economics; (ii) if the Secretary has entered into an (VI) in consultation with, and subject to (VII) business development and manage- agreement under subparagraph (D)(i), a final approval by, the Secretary, develop cri- ment; and statement by the National Fish and Wildlife teria for the selection of prize competition (VIII) any other discipline, as the Sec- Foundation that describes the activities car- winners; retary determines to be necessary to achieve ried out by the National Fish and Wildlife (VII) provide advice and consultation to the purposes of this paragraph. Foundation relating to the duties described the Secretary on the selection of judges (iii) DUTIES.—Subject to clause (iv), with in paragraph (7)(B); and under paragraphs (2)(E), (3)(E), (4)(E), (5)(E), respect to the prize competition, the Board (iii) a statement by 1 or more of the judges and (6)(E) based on criteria developed in con- shall— appointed under subparagraph (E) that ex- sultation with, and subject to the final ap- (I) select a topic; plains the basis on which the winner of the proval of, the Secretary; (II) issue a problem statement; cash prize was selected. (VIII) announce 1 or more annual winners (III) advise the Secretary regarding any op- (G) TERMINATION OF AUTHORITY.—The of the prize competition; portunity for technological innovation to Board and all authority provided under this (IX) subject to clause (ii), award 1 cash promote the nonlethal management of paragraph shall terminate on December 31, prize annually; and human-wildlife conflicts; and 2023. (X) protect against unauthorized use or (IV) advise winners of the prize competi- (7) ADMINISTRATION OF PRIZE COMPETI- disclosure by the National Fish and Wildlife tion regarding opportunities to pilot and im- TIONS.— Foundation of any trade secret or confiden- plement winning technologies in relevant (A) ADDITIONAL REQUIREMENTS FOR ADVI- tial business information of a prize competi- fields, including in partnership with con- SORY BOARDS.—An advisory board established tion participant. servation organizations, Federal or State under paragraph (2)(C)(i), (3)(C)(i), (4)(C)(i), (ii) ADDITIONAL CASH PRIZES.—An agree- agencies, federally recognized Indian tribes, (5)(C)(i), or (6)(C)(i) (referred to in this para- ment shall provide that the National Fish private entities, and research institutions graph as a ‘‘Board’’) shall comply with the and Wildlife Foundation may award more with expertise or interest relating to the following requirements: than 1 cash prize annually if the initial cash nonlethal management of human-wildlife (i) TERM; VACANCIES.— prize referred to in clause (i)(IX) and any ad- conflicts. (I) TERM.—A member of the Board shall ditional cash prize are awarded using only (iv) CONSULTATION.—In selecting a topic serve for a term of 5 years. non-Federal funds. and issuing a problem statement for the (II) VACANCIES.—A vacancy on the Board— (iii) SOLICITATION OF FUNDS.—An agree- prize competition under subclauses (I) and (aa) shall not affect the powers of the ment shall provide that the National Fish (II) of subparagraph (C), respectively, the Board; and and Wildlife Foundation— Board shall consult widely with Federal and (bb) shall be filled in the same manner as (I) may request and accept Federal funds non-Federal stakeholders, including— the original appointment was made. and non-Federal funds for a cash prize; (I) 1 or more Federal agencies with juris- (ii) INITIAL MEETING.—Not later than 30 (II) may accept a contribution for a cash diction over the management of native wild- days after the date on which all members of prize in exchange for the right to name the life species at risk due to conflict with the Board have been appointed, the Board prize; and human activities; shall hold the initial meeting of the Board. (III) shall not give special consideration to (II) 1 or more State agencies with jurisdic- (iii) MEETINGS.— any Federal agency or non-Federal entity in tion over the management of native wildlife (I) IN GENERAL.—The Board shall meet at exchange for a donation for a cash prize species at risk due to conflict with human the call of the Chairperson. awarded under this subsection. activities; (II) REMOTE PARTICIPATION.— (C) AWARD AMOUNTS.— (III) 1 or more State, regional, or local (aa) IN GENERAL.—Any member of the (i) IN GENERAL.—The amount of the initial wildlife organizations, the mission of which Board may participate in a meeting of the cash prize referred to in subparagraph relates to the management of native wildlife Board through the use of— (B)(i)(IX) shall be $100,000. species at risk due to conflict with human (AA) teleconferencing; or activities; and (BB) any other remote business tele- (ii) ADDITIONAL CASH PRIZES.—On notifica- (IV) 1 or more wildlife conservation groups, communications method that allows each tion by the National Fish and Wildlife Foun- technology companies, research institutions, participating member to simultaneously dation that non-Federal funds are available institutions of higher education, industry as- hear each other participating member during for an additional cash prize, the Secretary sociations, or individual stakeholders with the meeting. shall determine the amount of the additional an interest in the management of native (bb) PRESENCE.—A member of the Board cash prize. wildlife species at risk due to conflict with who participates in a meeting remotely SEC. 7002. REAUTHORIZATION OF NEOTROPICAL human activities. under item (aa) shall be considered to be MIGRATORY BIRD CONSERVATION (v) REQUIREMENTS.—The Board shall com- present at the meeting. ACT. ply with all requirements under paragraph (iv) QUORUM.—A majority of the members Section 10 of the Neotropical Migratory (7)(A). of the Board shall constitute a quorum, but Bird Conservation Act (16 U.S.C. 6109) is (D) AGREEMENT WITH NATIONAL FISH AND a lesser number of members may hold a amended to read as follows: WILDLIFE FOUNDATION.— meeting. ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (i) IN GENERAL.—The Secretary shall offer (v) CHAIRPERSON AND VICE CHAIRPERSON.— to enter into an agreement under which the The Board shall select a Chairperson and ‘‘(a) IN GENERAL.—There is authorized to National Fish and Wildlife Foundation shall Vice Chairperson from among the members be appropriated to carry out this Act administer the prize competition. of the Board. $6,500,000 for each of fiscal years 2019 through (ii) REQUIREMENTS.—An agreement entered (vi) ADMINISTRATIVE COST REDUCTION.—The 2023. into under clause (i) shall comply with all re- Board shall, to the maximum extent prac- ‘‘(b) USE OF FUNDS.—Of the amounts made quirements under paragraph (7)(B). ticable, minimize the administrative costs of available under subsection (a) for each fiscal (E) JUDGES.— the Board, including by encouraging the re- year, not less than 75 percent shall be ex- (i) APPOINTMENT.—The Secretary shall ap- mote participation described in clause pended for projects carried out at a location point not fewer than 3 judges who shall, ex- (iii)(II)(aa) to reduce travel costs. outside of the United States.’’.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1256 CONGRESSIONAL RECORD — SENATE February 12, 2019

SEC. 7003. JOHN H. CHAFEE COASTAL BARRIER (T) The map entitled ‘‘Channel Key Unit ‘‘(A) AVAILABILITY.—The Secretary shall RESOURCES SYSTEM. FL–43 Toms Harbor Keys Unit FL–44 Deer/ make available to the public on the Internet (a) REPLACEMENT OF JOHN H. CHAFEE Long Point Keys Unit FL–45’’ and dated web site of the United States Fish and Wild- COASTAL BARRIER RESOURCES SYSTEM March 18, 2016, with respect to Unit FL–43, life Service digital versions of the maps in- MAPS.— Unit FL–44, and FL–45. cluded in the set of maps referred to in sub- (1) IN GENERAL.—Subject to paragraph (3), (U) The map entitled ‘‘Boot Key Unit FL– section (a). each map included in the set of maps re- 46’’ and dated March 18, 2016, with respect to ‘‘(B) EFFECT.—Any determination as to ferred to in section 4(a) of the Coastal Bar- Unit FL–46. whether a location is inside or outside the rier Resources Act (16 U.S.C. 3503(a)) that re- (V) The map entitled ‘‘Bowditch Point System shall be made without regard to the lates to a Unit of such System referred to in Unit P17A Bunche Beach Unit FL–67/FL–67P digital maps available under this paragraph, paragraph (2) is replaced in such set with the Sanibel Island Complex P18P (1 of 2)’’ and except that this subparagraph does not apply map described in that paragraph with re- dated March 18, 2016, with respect to Unit with respect to any printed version of such a spect to that Unit. P17A, Unit FL–67, and Unit FL–67P. digital map if the printed version is included (W) The map entitled ‘‘Bocilla Island Unit (2) REPLACEMENT MAPS DESCRIBED.—The re- in the maps referred to in subsection (a). placement maps referred to in paragraph (1) P21/P21P’’ and dated March 18, 2016, with re- ‘‘(C) REPORT.—No later than 180 days after are the following: spect to Unit P21 and Unit P21P. the date of the enactment of Natural Re- (X) The map entitled ‘‘Venice Inlet Unit (A) The map entitled ‘‘Delaware Seashore sources Management Act, the Secretary FL–71P Casey Key Unit P22’’ and dated Unit DE–07/DE–07P North Bethany Beach shall submit to the Committee on Natural March 18, 2016, with respect to Unit P22. Unit H01’’ and dated March 18, 2016, with re- Resources of the House of Representatives (Y) The map entitled ‘‘Lido Key Unit FL– spect to Unit DE–07, Unit DE–07P, and Unit and the Committee on Environment and 72P’’ and dated March 18, 2016, with respect H01. Public Works of the Senate a report regard- to Unit FL–72P. (B) The map entitled ‘‘Pine Island Bay ing the progress and challenges in the transi- (Z) The map entitled ‘‘De Soto Unit FL– Unit NC–01/NC–01P’’ and dated March 18, tion from paper to digital maps and a time- 73P Rattlesnake Key Unit FL–78 Bishop Har- 2016, with respect to Unit NC–01 and Unit table for completion of the digitization of all bor Unit FL–82’’ and dated March 18, 2016, NC–01P. maps related to the System.’’. with respect to Unit FL–73P, Unit FL–78, and (C) The map entitled ‘‘Roosevelt Natural (c) REPEAL OF REPORT.—Section 3 of Public Unit FL–82. Law 109–226 (16 U.S.C. 3503 note) is repealed. Area Unit NC–05P’’ and dated March 18, 2016, (AA) The map entitled ‘‘Passage Key Unit with respect to Unit NC–05P. FL–80P Egmont Key Unit FL–81/FL–81P The TITLE VIII—WATER AND POWER (D) The map entitled ‘‘Hammocks Beach Reefs Unit P24P (1 of 2)’’ and dated March 18, Subtitle A—Reclamation Title Transfer Unit NC–06/NC–06P (2 of 2) Onslow Beach 2016, with respect to Unit FL–80P, Unit FL– SEC. 8001. PURPOSE. Complex L05 (1 of 2)’’ and dated March 18, 81, and Unit FL–81P. 2016, with respect to Unit L05. The purpose of this subtitle is to facilitate (BB) The map entitled ‘‘Cockroach Bay the transfer of title to Reclamation project (E) The map entitled ‘‘Onslow Beach Com- Unit FL–83’’ and dated March 18, 2016, with plex L05 (2 of 2) Topsail Unit L06 (1 of 2)’’ and facilities to qualifying entities on the com- respect to Unit FL–83. pletion of repayment of capital costs. dated November 20, 2013, with respect to Unit (CC) The map entitled ‘‘Sand Key Unit FL– L05 and Unit L06. 85P’’ and dated March 18, 2016, with respect SEC. 8002. DEFINITIONS. (F) The map entitled ‘‘Topsail Unit L06 (2 to Unit FL–85P. In this subtitle: of 2)’’ and dated November 20, 2013, with re- (DD) The map entitled ‘‘Pepperfish Keys (1) CONVEYED PROPERTY.—The term ‘‘con- spect to Unit L06. Unit P26’’ and dated March 18, 2016, with re- veyed property’’ means an eligible facility (G) The map entitled ‘‘Litchfield Beach spect to Unit P26. that has been conveyed to a qualifying enti- Unit M02 Pawleys Inlet Unit M03’’ and dated (EE) The map entitled ‘‘Peninsula Point ty under section 8003. March 18, 2016, with respect to Unit M02 and Unit FL–89’’ and dated March 18, 2016, with (2) ELIGIBLE FACILITY.—The term ‘‘eligible Unit M03. respect to Unit FL–89. facility’’ means a facility that meets the cri- (H) The map entitled ‘‘Fort Clinch Unit (FF) The map entitled ‘‘Phillips Inlet Unit teria for potential transfer established under FL–01/FL–01P’’ and dated March 18, 2016, FL–93/FL–93P Deer Lake Complex FL–94’’ section 8004(a). with respect to Unit FL–01 and Unit FL–01P. and dated March 18, 2016, with respect to (3) FACILITY.— (I) The map entitled ‘‘Usina Beach Unit Unit FL–93, Unit FL–93P, and Unit FL–94. (A) IN GENERAL.—The term ‘‘facility’’ in- P04A Conch Island Unit P05/P05P’’ and dated (GG) The map entitled ‘‘St. Andrew Com- cludes a dam or appurtenant works, canal, March 18, 2016, with respect to Unit P04A, plex P31 (1 of 3)’’ and dated October 7, 2016, lateral, ditch, gate, control structure, pump- Unit P05, and Unit P05P. with respect to Unit P31. ing station, other infrastructure, rec- (J) The map entitled ‘‘Ponce Inlet Unit (HH) The map entitled ‘‘St. Andrew Com- reational facility, building, distribution and P08/P08P’’ and dated March 18, 2016, with re- plex P31 (2 of 3)’’ and dated October 7, 2016, drainage works, and associated land or inter- spect to Unit P08 and Unit P08P. with respect to Unit P31. est in land or water. (K) The map entitled ‘‘Spessard Holland (II) The map entitled ‘‘St. Andrew Complex (B) EXCLUSIONS.—The term ‘‘facility’’ does Park Unit FL–13P Coconut Point Unit P09A/ P31/P31P (3 of 3)’’ and dated October 7, 2016, not include a Reclamation project facility, P09AP’’ and dated March 18, 2016, with re- with respect to Unit P31 and Unit P31P. or a portion of a Reclamation project facil- spect to Unit FL–13P, Unit P09A, and Unit (3) LIMITATIONS.—For purposes of para- ity— P09AP. graph (1)— (i) that is a reserved works as of the date (L) The map entitled ‘‘Blue Hole Unit P10A (A) nothing in this subsection affects the of enactment of this Act; Pepper Beach Unit FL–14P’’ and dated March boundaries of any of Units NC–06 and NC– (ii) that generates hydropower marketed 18, 2016, with respect to Unit P10A and Unit 06P; by a Federal power marketing administra- FL–14P. (B) the occurrence in paragraph (2) of the tion; or (M) The map entitled ‘‘Hutchinson Island name of a Unit solely in the title of a map (iii) that is managed for recreation under a Unit P11/P11P (1 of 2)’’ and dated March 18, shall not be construed to be a reference to lease, permit, license, or other management 2016, with respect to Unit P11 and Unit P11P. such Unit; and agreement that does contribute to capital re- (N) The map entitled ‘‘Hutchinson Island (C) the depiction of boundaries of any of payment. Unit P11 (2 of 2)’’ and dated March 18, 2016, Units P18P, FL–71P, and P24P in a map re- (4) PROJECT USE POWER.—The term ‘‘project with respect to Unit P11. ferred to in subparagraph (V), (X), or (AA) of use power’’ means the electrical capacity, (O) The map entitled ‘‘Blowing Rocks Unit paragraph (2) shall not be construed to affect energy, and associated ancillary service FL–15 Jupiter Beach Unit FL–16P Carlin the boundaries of such Unit. components required to provide the min- Unit FL–17P’’ and dated March 18, 2016, with (4) CONFORMING AMENDMENT.—Section 4(a) imum electrical service needed to operate or respect to Unit FL–15, Unit FL–16P, and Unit of the Coastal Barrier Resources Act (16 maintain Reclamation project facilities in FL–17P. U.S.C. 3503(a)) is amended— accordance with the authorization for the (P) The map entitled ‘‘MacArthur Beach (A) in the matter preceding paragraph (1), Reclamation project. Unit FL–18P’’ and dated March 18, 2016, with by inserting ‘‘replaced,’’ after ‘‘may be’’; and (5) QUALIFYING ENTITY.—The term ‘‘quali- respect to Unit FL–18P. (B) in paragraph (3), by inserting ‘‘replaces fying entity’’ means an agency of a State or (Q) The map entitled ‘‘Birch Park Unit FL– such a map or’’ after ‘‘that specifically’’. political subdivision of a State, a joint ac- 19P’’ and dated March 18, 2016, with respect (b) DIGITAL MAPS OF JOHN H. CHAFEE tion or powers agency, a water users associa- to Unit FL–19P. COASTAL BARRIER RESOURCES SYSTEM tion, or an Indian Tribe or Tribal utility au- (R) The map entitled ‘‘Lloyd Beach Unit UNITS.—Section 4(b) of the Coastal Barrier thority that— FL–20P North Beach Unit P14A’’ and dated Resources Act (16 U.S.C. 3503(b)) is amend- (A) as of the date of conveyance under this March 18, 2016, with respect to Unit FL–20P ed— subtitle, is the current operator of the eligi- and Unit P14A. (1) by inserting before the first sentence ble facility pursuant to a contract with Rec- (S) The map entitled ‘‘Tavernier Key Unit the following: lamation; and FL–39 Snake Creek Unit FL–40’’ and dated ‘‘(1) IN GENERAL.—’’; and (B) as determined by the Secretary, has March 18, 2016, with respect to Unit FL–39 (2) by adding at the end the following: the capacity to continue to manage the eligi- and Unit FL–40. ‘‘(2) DIGITAL MAPS.— ble facility for the same purposes for which

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1257 the property has been managed under the (A) to accept title to the eligible facility; liable by any court for damages of any kind reclamation laws. (B) to use the eligible facility for substan- arising out of any act, omission, or occur- (6) RECLAMATION.—The term ‘‘Reclama- tially the same purposes for which the eligi- rence relating to the eligible facility, other tion’’ means the Bureau of Reclamation. ble facility is being used at the time the Sec- than damages caused by acts of negligence (7) RECLAMATION PROJECT.—The term ‘‘Rec- retary evaluates the potential transfer; and committed by the United States or by agents lamation project’’ means— (C) to provide, as consideration for the as- or employees of the United States prior to (A) any reclamation or irrigation project, sets to be conveyed, compensation to the the date of the conveyance. including incidental features of the project— reclamation fund established by the first (b) EFFECT.—Nothing in this section in- (i) that is authorized by the reclamation section of the Act of June 17, 1902 (32 Stat. creases the liability of the United States be- laws; 388, chapter 1093), in an amount that is the yond that currently provided in chapter 171 (ii) that is constructed by the United equivalent of the net present value of any re- of title 28, United States Code (commonly States pursuant to the reclamation laws; or payment obligation to the United States or known as the ‘‘Federal Tort Claims Act’’). (iii) in connection with which there is a re- other income stream that the United States SEC. 8006. BENEFITS. payment or water service contract executed derives from the eligible facility to be trans- After a conveyance of an eligible facility by the United States pursuant to the rec- ferred, as of the date of the transfer. under this subtitle— lamation laws; or (2) DETERMINATIONS OF SECRETARY.—The (1) the conveyed property shall no longer (B) any project constructed by the Sec- criteria established under subsection (a) be considered to be part of a Reclamation retary for the reclamation of land. shall include a requirement that the Sec- project; (8) RESERVED WORKS.—The term ‘‘reserved retary shall— (2) except as provided in paragraph (3), the works’’ means any building, structure, facil- (A) be able to enter into an agreement with qualifying entity to which the conveyed ity, or equipment— the qualifying entity with respect to the property is conveyed shall not be eligible to (A) that is owned by the Bureau; and legal, institutional, and financial arrange- receive any benefits, including project use (B) for which operations and maintenance ments relating to the conveyance; power, with respect to the conveyed prop- are performed, regardless of the source of (B) determine that the proposed transfer— erty, except for any benefit that would be funding— (i) would not have an unmitigated signifi- available to a similarly situated entity with (i) by an employee of the Bureau; or cant effect on the environment; respect to property that is not a part of a (ii) through a contract entered into by the (ii) is consistent with the responsibilities Reclamation project; and Commissioner. of the Secretary— (3) the qualifying entity to which the con- (9) SECRETARY.—The term ‘‘Secretary’’ (I) in the role as trustee for federally rec- veyed property is conveyed may be eligible means the Secretary, acting through the ognized Indian Tribes; and to receive project use power if— Commissioner of Reclamation. (II) to ensure compliance with any applica- (A) the qualifying entity is receiving SEC. 8003. AUTHORIZATION OF TRANSFERS OF ble international and Tribal treaties and project use power as of the date of enact- TITLE TO ELIGIBLE FACILITIES. agreements and interstate compacts and ment of this Act; (a) AUTHORIZATION.— agreements; (B) the project use power will be used for (1) IN GENERAL.—Subject to the require- (iii) is in the financial interest of the the delivery of Reclamation project water; ments of this subtitle, the Secretary, with- United States; and out further authorization from Congress, (iv) protects the public aspects of the eligi- (C) the Secretary and the qualifying entity may, on application of a qualifying entity, ble facility, including water rights managed enter into an agreement under which the convey to a qualifying entity all right, title, for public purposes, such as flood control or qualifying entity agrees to continue to be re- and interest of the United States in and to fish and wildlife; sponsible for a proportionate share of oper- any eligible facility, if— (v) complies with all applicable Federal ation and maintenance and capital costs for (A) not later than 90 days before the date and State law; and the Federal facilities that generate and de- on which the Secretary makes the convey- (vi) will not result in an adverse impact on liver, if applicable, power used for delivery of ance, the Secretary submits to Congress— fulfillment of existing water delivery obliga- Reclamation project water after the date of (i) a written notice of the proposed convey- tions consistent with historical operations conveyance, in accordance with Reclamation ance; and and applicable contracts; and project use power rates. (ii) a description of the reasons for the con- (C) if the eligible facility proposed to be SEC. 8007. COMPLIANCE WITH OTHER LAWS. veyance; and transferred is a dam or diversion works (not (a) IN GENERAL.—Before conveying an eli- (B) a joint resolution disapproving the con- including canals or other project features gible facility under this subtitle, the Sec- veyance is not enacted before the date on that receive or convey water from the divert- retary shall comply with all applicable Fed- which the Secretary makes the conveyance. ing works) diverting water from a water eral environmental laws, including— (2) CONSULTATION.—A conveyance under body containing a species listed as a threat- (1) the National Environmental Policy Act paragraph (1) shall be made by written agree- ened species or an endangered species or crit- of 1969 (42 U.S.C. 4321 et seq.); ment between the Secretary and the quali- ical habitat under the Endangered Species (2) the Endangered Species Act of 1973 (16 fying entity, developed in consultation with Act of 1973 (16 U.S.C. 1531 et seq.), determine U.S.C. 1531 et seq.); and any existing water and power customers af- that— (3) subtitle III of title 54, United States fected by the conveyance of the eligible fa- (i) the eligible facility continues to comply Code. (b) SENSE OF CONGRESS.—It is the sense of cility. with the Endangered Species Act of 1973 (16 Congress that any Federal permitting and (b) RESERVATION OF EASEMENT.—The Sec- U.S.C. 1531 et seq.) in a manner that provides review processes required with respect to a retary may reserve an easement over a con- no less protection to the listed species as ex- conveyance of an eligible facility under this veyed property if— isted under Federal ownership; and (1) the Secretary determines that the ease- subtitle should be completed with the max- (ii) the eligible facility is not part of the imum efficiency and effectiveness. ment is necessary for the management of Central Valley Project in the State of Cali- any interests retained by the Federal Gov- fornia. Subtitle B—Endangered Fish Recovery ernment under this subtitle; (3) STATUS OF RECLAMATION LAND.—The cri- Programs (2) the Reclamation project or a portion of teria established under subsection (a) shall SEC. 8101. EXTENSION OF AUTHORIZATION FOR the Reclamation project remains under Fed- require that any land to be conveyed out of ANNUAL BASE FUNDING OF FISH RE- eral ownership; and Federal ownership under this subtitle is— COVERY PROGRAMS; REMOVAL OF CERTAIN REPORTING REQUIRE- (3) the Secretary enters into an agreement (A) land acquired by the Secretary; or regarding the easement with the applicable MENT. (B) land withdrawn by the Secretary, only Section 3(d) of Public Law 106–392 (114 Stat. qualifying entity. if— (c) INTERESTS IN WATER.—No interests in 1604; 126 Stat. 2444) is amended— (i) the Secretary determines in writing water shall be conveyed under this subtitle (1) by striking paragraph (1) and inserting that the withdrawn land is encumbered by unless the conveyance is provided for in a the following: facilities to the extent that the withdrawn separate, quantified agreement between the ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— Secretary and the qualifying entity, subject land is unsuitable for return to the public ‘‘(A) IN GENERAL.—There is authorized to to applicable State law and public process domain; and be appropriated to the Secretary to be used requirements. (ii) the qualifying entity agrees to pay fair by the Bureau of Reclamation to make the market value based on historical or existing SEC. 8004. ELIGIBILITY CRITERIA. annual base funding contributions to the Re- uses for the withdrawn land to be conveyed. (a) ESTABLISHMENT.—The Secretary shall covery Implementation Programs $10,000,000 establish criteria for determining whether a (c) HOLD HARMLESS.—No conveyance under for each of fiscal years 2020 through 2023. facility is eligible for conveyance under this this subtitle shall adversely impact applica- ‘‘(B) NONREIMURSABLE FUNDS.—The funds subtitle. ble Federal power rates, repayment obliga- contributed to the Recovery Implementation (b) MINIMUM REQUIREMENTS.— tions, or other project power uses. Programs under subparagraph (A) shall be (1) AGREEMENT OF QUALIFYING ENTITY.—The SEC. 8005. LIABILITY. considered a nonreimbursable Federal ex- criteria established under subsection (a) (a) IN GENERAL.—Effective on the date of penditure.’’; and shall include a requirement that a qualifying conveyance of any eligible facility under this (2) in paragraph (2), by striking the fourth, entity shall agree— subtitle, the United States shall not be held fifth, sixth, and seventh sentences.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1258 CONGRESSIONAL RECORD — SENATE February 12, 2019 SEC. 8102. REPORT ON RECOVERY IMPLEMENTA- meaning given the term in applicable civil (i) any contract in existence on the date of TION PROGRAMS. actions, as determined by the Secretary. enactment of this Act that was executed pur- Section 3 of Public Law 106–392 (114 Stat. (6) YAKIMA RIVER BASIN WATER ENHANCE- suant to the reclamation laws; or 1603; 126 Stat. 2444) is amended by adding at MENT PROJECT.—The term ‘‘Yakima River (ii) any contract or agreement between the the end the following: Basin Water Enhancement Project’’ means Bureau of Indian Affairs and the Bureau of ‘‘(j) REPORT.— the Yakima River basin water enhancement Reclamation; ‘‘(1) IN GENERAL.—Not later than Sep- project authorized by Congress pursuant to (C) affects, waives, abrogates, diminishes, tember 30, 2021, the Secretary shall submit title XII of Public Law 103–434 (108 Stat. 4550; defines, or interprets any treaty between the to the appropriate committees of Congress a 114 Stat. 1425) and other Acts (including Pub- Yakama Nation and the United States; or report that— lic Law 96–162 (93 Stat. 1241), section 109 of (D) constrains the authority of the Sec- ‘‘(A) describes the accomplishments of the Public Law 98–381 (16 U.S.C. 839b note), and retary to provide fish passage in the Yakima Recovery Implementation Programs; Public Law 105–62 (111 Stat. 1320)) to promote River basin, in accordance with the Hoover ‘‘(B) identifies— water conservation, water supply, habitat, Power Plant Act of 1984 (43 U.S.C. 619 et ‘‘(i) as of the date of the report, the listing and stream enhancement improvements in seq.). status under the Endangered Species Act of the Yakima River basin. (5) PROGRESS REPORT.—Not later than 5 1973 (16 U.S.C. 1531 et seq.) of the Colorado (b) INTEGRATED PLAN.— years after the date of enactment of this pikeminnow, humpback chub, razorback (1) INITIAL DEVELOPMENT PHASE.— Act, the Secretary, in conjunction with the sucker, and bonytail; and (A) IN GENERAL.—As the initial develop- State and in consultation with the Yakama ‘‘(ii) as of September 30, 2023, the projected ment phase of the Integrated Plan, the Sec- Nation, shall submit to the Committee on listing status under that Act of each of the retary, in coordination with the State and Energy and Natural Resources of the Senate species referred to in clause (i); the Yakama Nation, shall identify and im- and the Committee on Natural Resources of ‘‘(C)(i) identifies— plement projects under the Integrated Plan the House of Representatives a progress re- ‘‘(I) the total expenditures and the expend- that are prepared to be commenced during port on the development and implementa- itures by categories of activities by the Re- the 10-year period beginning on the date of tion of the Integrated Plan. covery Implementation Programs during the enactment of this Act. (c) FINANCING, CONSTRUCTION, OPERATION, period beginning on the date on which the (B) REQUIREMENT.—The initial develop- AND MAINTENANCE OF KACHESS DROUGHT RE- applicable Recovery Implementation Pro- ment phase of the Integrated Plan under sub- LIEF PUMPING PLANT AND KEECHELUS TO gram was established and ending on Sep- paragraph (A) shall be carried out in accord- KACHESS PIPELINE.— tember 30, 2021; and ance with— (1) LONG-TERM AGREEMENTS.— ‘‘(II) projected expenditures by the Recov- (i) this subsection, including any related (A) IN GENERAL.—A long-term agreement ery Implementation Programs during the pe- plans, reports, and correspondence referred negotiated pursuant to this section or the riod beginning on October 1, 2021, and ending to in this subsection; and reclamation laws between the Secretary and on September 30, 2023; and (ii) title XII of Public Law 103–434 (108 a participating proratable irrigation entity ‘‘(ii) for purposes of the expenditures iden- Stat. 4550; 114 Stat. 1425). in the Yakima River basin for the non-Fed- tified under clause (i), includes a description (2) INTERMEDIATE AND FINAL DEVELOPMENT eral financing, construction, operation, or of— PHASES.— maintenance of the Drought Relief Pumping ‘‘(I) any expenditures of appropriated (A) PLANS.—The Secretary, in coordination Plant or the Keechelus to Kachess Pipeline funds; with the State and the Yakama Nation, shall shall include provisions regarding— ‘‘(II) any power revenues; develop plans for the intermediate and final (i) responsibilities of each participating ‘‘(III) any contributions by the States, development phases of the Integrated Plan proratable irrigation entity for— power customers, Tribes, water users, and to achieve the purposes of title XII of Public (I) the planning, design, and construction environmental organizations; and Law 103–434 (108 Stat. 4550; 114 Stat. 1425), in- of infrastructure, in consultation and coordi- ‘‘(IV) any other sources of funds for the Re- cluding conducting applicable feasibility nation with the Secretary; and covery Implementation Programs; and studies, environmental reviews, and other (II) the pumping and operational costs nec- ‘‘(D) describes— relevant studies required to develop those essary to provide the total water supply ‘‘(i) any activities to be carried out under plans. (B) INTERMEDIATE DEVELOPMENT PHASE.— available that is made inaccessible due to the Recovery Implementation Program after The Secretary, in coordination with the drought pumping during any preceding cal- September 30, 2023; and State and the Yakama Nation, shall develop endar year, if the Kachess Reservoir fails to ‘‘(ii) the projected cost of the activities de- an intermediate development phase of the refill as a result of pumping drought storage scribed under clause (i). Integrated Plan, to commence not earlier water during such a calendar year; ‘‘(2) CONSULTATION REQUIRED.—The Sec- than the date that is 10 years after the date (ii) property titles and responsibilities of retary shall consult with the participants in of enactment of this Act. each participating proratable irrigation enti- the Recovery Implementation Programs in (C) FINAL DEVELOPMENT PHASE.—The Sec- ty for the maintenance of, and liability for, preparing the report under paragraph (1).’’. retary, in coordination with the State and all infrastructure constructed under title XII Subtitle C—Yakima River Basin Water the Yakama Nation, shall develop a final de- of Public Law 103–434 (108 Stat. 4550; 114 Stat. Enhancement Project velopment phase of the Integrated Plan, to 1425); SEC. 8201. AUTHORIZATION OF PHASE III. commence not earlier than the date that is (iii) operation and integration of the (a) DEFINITIONS.—In this section: 20 years after the date of enactment of this projects by the Secretary in the operation of (1) INTEGRATED PLAN.—The term ‘‘Inte- Act. the Yakima Project; and grated Plan’’ means the Yakima River Basin (3) REQUIREMENTS.—The projects and ac- (iv) costs associated with the design, fi- Integrated Water Resource Management tivities identified by the Secretary for im- nancing, construction, operation, mainte- Plan, the Federal elements of which are plementation under the Integrated Plan nance, and mitigation of projects, with the known as ‘‘phase III of the Yakima River shall be carried out only— costs of Federal oversight and review to be Basin Water Enhancement Project’’, as de- (A) subject to authorization and appropria- nonreimbursable to the participating prorat- scribed in the Bureau of Reclamation docu- tion; able irrigation entities and the Yakima ment entitled ‘‘Record of Decision for the (B) contingent on the completion of appli- Project. Yakima River Basin Integrated Water Re- cable feasibility studies, environmental re- (B) TREATMENT.—A facility developed or source Management Plan Final Pro- views, and cost-benefit analyses that include operated by a participating proratable irri- grammatic Environmental Impact State- favorable recommendations for further gation entity under this subsection shall not ment’’ and dated March 2, 2012. project development; be considered to be a supplemental work for (2) IRRIGATION ENTITY.—The term ‘‘irriga- (C) on public review and a determination purposes of section 9(a) of the Reclamation tion entity’’ means a district, project, or by the Secretary that design, construction, Project Act of 1939 (43 U.S.C. 485h(a)). State-recognized authority, board of control, and operation of a proposed project or activ- (2) KACHESS RESERVOIR.— agency, or entity located in the Yakima ity is in the best interest of the public; and (A) IN GENERAL.—Any additional stored River basin that manages and delivers irriga- (D) in accordance with applicable laws, in- water made available by the construction of tion water to farms in the Yakima River cluding— a facility to access and deliver inactive and basin. (i) the National Environmental Policy Act natural storage in Kachess Lake and Res- (3) PRORATABLE IRRIGATION ENTITY.—The of 1969 (42 U.S.C. 4321 et seq.); and ervoir under this subsection— term ‘‘proratable irrigation entity’’ means (ii) the Endangered Species Act of 1973 (16 (i) shall be considered to be Yakima an irrigation entity that possesses, or the U.S.C. 1531 et seq.). Project water; members of which possess, proratable water (4) EFFECT OF SUBSECTION.—Nothing in this (ii) shall be used exclusively by the Sec- (as defined in section 1202 of Public Law 103– subsection— retary to enhance the water supply during 434 (108 Stat. 4551)). (A) shall be considered to be a new or sup- years for which the total water supply avail- (4) STATE.—The term ‘‘State’’ means the plemental benefit for purposes of the Rec- able is not sufficient to provide a percentage State of Washington. lamation Reform Act of 1982 (43 U.S.C. 390aa of proratable entitlements in order to make (5) TOTAL WATER SUPPLY AVAILABLE.—The et seq.); that additional water available, in a quan- term ‘‘total water supply available’’ has the (B) affects— tity representing not more than 70 percent of

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1259

proratable entitlements to the Kittitas Rec- (E) LOCAL PROVIDER.—During any period (B) that is identified in the report of the lamation District, the Roza Irrigation Dis- for which project power is not provided Government Accountability Office numbered trict, or any other proratable irrigation enti- under subparagraph (A), the Secretary shall GAO–15–453T; ty participating in the construction, oper- obtain power to operate the Kachess Pump- (C) that has been identified as part of a Bu- ation, or maintenance costs of a facility ing Plant from a local provider. reau of Reclamation basin study pursuant to under this section, in accordance with such (F) OTHER COSTS.—The cost of power for subtitle F of title IX of Public Law 111–11 (42 terms and conditions as the districts may pumping and station service, and the costs of U.S.C. 10361 et seq.) to increase water supply agree, subject to the conditions that— transmitting power from the Federal Colum- for the Pacific Northwest Region; and (I) the Bureau of Indian Affairs, the bia River power system to the pumping fa- (D) an improvement to which would con- Wapato Irrigation Project, and the Yakama cilities of the Yakima River Basin Water En- tribute to the flow of interstate water. Nation, on an election to participate, may hancement Project, shall be borne by the ir- (2) AUTHORIZATION OF APPROPRIATIONS.— also obtain water from Kachess Reservoir in- rigation districts receiving the benefits of There is authorized to be appropriated to active storage to enhance applicable existing the applicable water. carry out this subsection $75,000,000. irrigation water supply in accordance with (G) DUTIES OF COMMISSIONER.—For purposes SEC. 8202. MODIFICATION OF PURPOSES AND such terms and conditions as the Bureau of of this paragraph, the Commissioner of Rec- DEFINITIONS. Indian Affairs and the Yakama Nation may lamation shall arrange transmission for any (a) PURPOSES.—Section 1201 of Public Law agree; and delivery of— 103–434 (108 Stat. 4550) is amended— (II) the additional supply made available (i) Federal power over the Bonneville sys- (1) by striking paragraph (1) and inserting under this clause shall be available to par- tem through applicable tariff and business the following: ticipating individuals and entities based on— practice processes of that system; or ‘‘(1) to protect, mitigate, and enhance fish (aa) the proportion that— (ii) power obtained from any local pro- and wildlife and the recovery and mainte- (AA) the proratable entitlement of each vider. nance of self-sustaining harvestable popu- participating individual or entity; bears to (d) DESIGN AND USE OF GROUNDWATER RE- lations of fish and other aquatic life, both (BB) the proratable entitlements of all par- CHARGE PROJECTS.—The Secretary, in coordi- anadromous and resident species, throughout ticipating individuals and entities; or nation with the State and the Yakama Na- their historic distribution range in the Yak- (bb) such other proportion as the partici- tion, may provide technical assistance for, ima Basin through— pating entities may agree; and participate in, and enter into agreements, in- ‘‘(A) improved water management and the (iii) shall not be any portion of the total cluding with irrigation entities for the use of constructions of fish passage at storage and water supply available. excess conveyance capacity in Yakima River diversion dams, as authorized under the Hoo- (B) EFFECT OF PARAGRAPH.—Nothing in this Basin Water Enhancement Project facilities, ver Power Plant Act of 1984 (43 U.S.C. 619 et paragraph affects, as in existence on the date for— seq.); of enactment of this Act, any— (1) groundwater recharge projects; and ‘‘(B) improved instream flows and water (i) contract; (2) aquifer storage and recovery projects. supplies; (ii) law (including regulations) relating to (e) OPERATIONAL CONTROL OF WATER SUP- ‘‘(C) improved water quality, watershed, repayment costs; PLIES.— and ecosystem function; (iii) water rights; or (1) IN GENERAL.—The Secretary shall retain ‘‘(D) protection, creation, and enhance- (iv) treaty right of the Yakama Nation. authority and discretion over the manage- ment of wetlands; and (3) PROJECT POWER FOR KACHESS PUMPING ment of Yakima River Basin Water Enhance- ‘‘(E) other appropriate means of habitat PLANT.— ment Project supplies— improvement;’’; (A) IN GENERAL.—Subject to subparagraphs (A) to optimize operational use and flexi- (2) in paragraph (2), by inserting ‘‘, munic- (B) through (D), the Administrator of the bility; and ipal, industrial, and domestic water supply Bonneville Power Administration, pursuant (B) to ensure compliance with all applica- and use purposes, especially during drought to the Pacific Northwest Electric Power ble Federal and State laws, treaty rights of years, including reducing the frequency and Planning and Conservation Act (16 U.S.C. 839 the Yakama Nation, and legal obligations, severity of water supply shortages for pro- et seq.), shall provide to the Secretary including those under title XII of Public Law ratable irrigation entities’’ before the semi- project power to operate the Kachess Pump- 103–434 (108 Stat. 4550; 114 Stat. 1425). colon at the end; ing Plant constructed under this section if (2) INCLUSION.—The authority and discre- (3) by striking paragraph (4); inactive storage in the Kachess Reservoir is tion described in paragraph (1) shall include (4) by redesignating paragraph (3) as para- needed to provide drought relief for irriga- the ability of the United States to store, de- graph (4); tion. liver, conserve, and reuse water supplies de- (5) by inserting after paragraph (2) the fol- ETERMINATIONS BY SECRETARY.—The (B) D riving from projects authorized under title lowing: project power described in subparagraph (A) XII of Public Law 103–434 (108 Stat. 4550; 114 ‘‘(3) to authorize the Secretary to make may be provided only if the Secretary deter- Stat. 1425). water available for purchase or lease for mines that— (f) COOPERATIVE AGREEMENTS AND meeting municipal, industrial, and domestic (i) there are in effect— GRANTS.—The Secretary may enter into co- water supply purposes;’’; (I) a drought declaration issued by the operative agreements and make grants to (6) by redesignating paragraphs (5) and (6) State; and carry out this section, including for the pur- as paragraphs (6) and (8), respectively; (II) conditions that have led to 70 percent poses of land and water transfers, leases, and (7) by inserting after paragraph (4) (as re- or lower water delivery to proratable irriga- acquisitions from willing participants, sub- designated by paragraph (4)) the following: tion districts; and ject to the condition that the acquiring enti- ‘‘(5) to realize sufficient water savings (ii) it is appropriate to provide the power ty shall hold title to, and be responsible for, from implementing the Yakima River Basin under that subparagraph. all required operation, maintenance, and Integrated Water Resource Management (C) PERIOD OF AVAILABILITY.—The power management of the acquired land or water Plan, so that not less than 85,000 acre feet of described in subparagraph (A) shall be pro- during any period in which the acquiring en- water savings are achieved by implementing vided during the period— tity holds title to the acquired land. the initial development phase of the Inte- (i) beginning on the date on which the Sec- (g) WATER CONSERVATION PROJECTS.—The grated Plan pursuant to section 8201(b)(1) of retary makes the determinations described Secretary may participate in, provide fund- the Natural Resources Management Act, in in subparagraph (B); and ing for, and accept non-Federal financing for addition to the 165,000 acre-feet of water sav- (ii) ending on the earlier of— water conservation projects, regardless of ings targeted through the Basin Conserva- (I) the date that is 1 year after that date; whether the projects are in accordance with tion Program, as authorized on October 31, and the Yakima River Basin Water Conservation 1994;’’; (II) the date on which the Secretary deter- Program established under section 1203 of (8) in paragraph (6) (as redesignated by mines that— Public Law 103–434 (108 Stat. 4551), that are paragraph (6))— (aa) drought mitigation measures are still intended to partially implement the Inte- (A) by inserting ‘‘an increase in’’ before necessary in the Yakima River basin; or grated Plan by providing conserved water to ‘‘voluntary’’; and (bb) the power should no longer be provided improve tributary and mainstem stream (B) by striking ‘‘and’’ at the end; for any other reason. flow. (9) by inserting after paragraph (6) (as so (D) RATE.— (h) INDIAN IRRIGATION PROJECTS.— redesignated) the following: (i) IN GENERAL.—The Administrator of the (1) IN GENERAL.—The Secretary, acting ‘‘(7) to encourage an increase in the use of, Bonneville Power Administration shall pro- through the Commissioner of Reclamation, and reduce the barriers to, water transfers, vide project power under subparagraph (A) at may contribute funds for the preparation of leasing, markets, and other voluntary trans- the then-applicable lowest Bonneville Power plans and investigation measures, and, after actions among public and private entities to Administration rate for public body, cooper- the date on which the Secretary certifies enhance water management in the Yakima ative, and Federal agency customer firm ob- that the measures are consistent with the River basin;’’; ligations on the date on which the authority water conservation objectives of this section, (10) in paragraph (8) (as so redesignated), is provided. to any Indian irrigation project— by striking the period at the end and insert- (ii) NO DISCOUNTS.—The rate under clause (A) that is located in the Pacific Northwest ing ‘‘; and’’; and (i) shall not include any irrigation discount. Region; (11) by adding at the end the following:

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1260 CONGRESSIONAL RECORD — SENATE February 12, 2019 ‘‘(9) to improve the resilience of the eco- Fish and Wildlife of the State of Wash- (1) by striking the subsection designation systems, economies, and communities in the ington.’’; and and heading and all that follows through Yakima River basin facing drought, hydro- (iv) by striking subparagraph (G); paragraph (1) and inserting the following: logic changes, and other related changes and (B) in paragraph (3)— ‘‘(g) REDESIGNATION OF YAKAMA INDIAN NA- variability in natural and human systems, (i) in each of subparagraphs (A) through TION TO YAKAMA NATION.— for the benefit of the people, fish, and wild- (C), by striking the comma at the end of the ‘‘(1) REDESIGNATION.—The Confederated life of the region.’’. subparagraph and inserting a semicolon; Tribes and Bands of the Yakama Indian Na- (b) DEFINITIONS.—Section 1202 of Public (ii) in subparagraph (D), by striking ‘‘, tion shall be known and designated as the Law 103–434 (108 Stat. 4550) is amended— and’’ at the end and inserting a semicolon; ‘Confederated Tribes and Bands of the (1) by redesignating paragraphs (6), (7), (8), (iii) in subparagraph (E), by striking the Yakama Nation’.’’; and (9), (10), (11), (12), (13), and (14) as paragraphs period at the end and inserting ‘‘; and’’; and (2) in paragraph (2), by striking ‘‘deemed to (8), (10), (11), (12), (13), (14), (15), (17), and (18), (iv) by adding at the end the following: be a reference to the ‘Confederated Tribes respectively; ‘‘(F) provide recommendations to advance and Bands of the Yakama Indian Nation’.’’ (2) by inserting after paragraph (5) the fol- the purposes and programs of the Yakima and inserting ‘‘deemed to be a reference to lowing: Enhancement Project, including the Inte- the ‘Confederated Tribes and Bands of the ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The grated Plan.’’; and Yakama Nation’.’’. term ‘designated Federal official’ means the (C) by striking paragraph (4) and inserting (b) OPERATION OF YAKIMA BASIN Commissioner of Reclamation (or a des- the following: PROJECTS.—Section 1205 of Public Law 103– ignee), acting pursuant to the charter of the ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF- 434 (108 Stat. 4557) is amended— Conservation Advisory Group. FICIAL.—The designated Federal official (1) in subsection (a)(4)— ‘‘(7) INTEGRATED PLAN.—The term ‘Inte- may— (A) in subparagraph (A)— grated Plan’ has the meaning given the term ‘‘(A) arrange and provide logistical support (i) in clause (i)— in section 8201(a) of the Natural Resources for meetings of the Conservation Advisory (I) by inserting ‘‘additional’’ after ‘‘se- Management Act, to be carried out in co- Group; cure’’; operation with, and in addition to, activities ‘‘(B) use a facilitator to serve as a moder- (II) by striking ‘‘flushing’’ and inserting of the State of Washington and the Yakama ator for meetings of the Conservation Advi- ‘‘pulse’’; and Nation.’’; sory Group or provide additional logistical (III) by striking ‘‘uses’’ and inserting (3) by inserting after paragraph (8) (as re- support; and ‘‘uses, in addition to the quantity of water designated by paragraph (1)) the following: ‘‘(C) grant any request for a facilitator by provided under the treaty between the ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC any member of the Conservation Advisory Yakama Nation and the United States’’; WATER SUPPLY AND USE.—The term ‘munic- Group.’’; (ii) by striking clause (ii); ipal, industrial, and domestic water supply (3) in subsection (d), by adding at the end (iii) by redesignating clause (iii) as clause and use’ means the supply and use of water the following: (ii); and for— ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR (iv) in clause (ii) (as so redesignated) by in- ‘‘(A) domestic consumption (whether urban FEDERAL GOVERNMENT.— serting ‘‘and water rights mandated’’ after or rural); ‘‘(A) IN GENERAL.—The State or the Fed- ‘‘goals’’; and ‘‘(B) maintenance and protection of public eral Government may fund not more than (B) in subparagraph (B)(i), in the first sen- health and safety; the 17.5-percent local share of the costs of tence, by inserting ‘‘in proportion to the ‘‘(C) manufacture, fabrication, processing, the Basin Conservation Program in exchange funding received’’ after ‘‘Program’’; assembly, or other production of a good or for the long-term use of conserved water, (2) in subsection (b), in the second sen- commodity; subject to the requirement that the funding tence, by striking ‘‘instream flows for use by ‘‘(D) production of energy; by the Federal Government of the local the Yakima Project Manager as flushing ‘‘(E) fish hatcheries; or share of the costs shall provide a quantifi- flows or as otherwise’’ and inserting ‘‘fishery ‘‘(F) water conservation activities relating able public benefit in meeting Federal re- purposes, as’’; and to a use described in subparagraphs (A) sponsibilities in the Yakima River basin and (3) in subsection (e), by striking paragraph through (E).’’; and the purposes of this title. (1) and inserting the following: (4) by inserting after paragraph (15) (as so ‘‘(B) USE OF CONSERVED WATER.—The Yak- ‘‘(1) IN GENERAL.—Additional purposes of redesignated) the following: ima Project Manager may use water result- the Yakima Project shall be any of the fol- ‘‘(16) YAKIMA ENHANCEMENT PROJECT; YAK- ing from conservation measures taken under lowing: IMA RIVER BASIN WATER ENHANCEMENT this title, in addition to water that the Bu- ‘‘(A) To recover and maintain self-sus- PROJECT.—The terms ‘Yakima Enhancement reau of Reclamation may acquire from any taining harvestable populations of native Project’ and ‘Yakima River Basin Water En- willing seller through purchase, donation, or fish, both anadromous and resident species, hancement Project’ mean the Yakima River lease, for water management uses pursuant throughout their historic distribution range basin water enhancement project authorized to this title.’’; in the Yakima River basin. by Congress pursuant to this Act and other (4) in subsection (e), by striking the first ‘‘(B) To protect, mitigate, and enhance Acts (including Public Law 96–162 (93 Stat. sentence and inserting the following: ‘‘To aquatic life and wildlife. 1241), section 109 of Public Law 98–381 (16 participate in the Basin Conservation Pro- ‘‘(C) Recreation. U.S.C. 839b note; 98 Stat. 1340), Public Law gram, as described in subsection (b), an enti- ‘‘(D) Municipal, industrial, and domestic 105–62 (111 Stat. 1320), and Public Law 106–372 ty shall submit to the Secretary a proposed use.’’. (114 Stat. 1425)) to promote water conserva- water conservation plan.’’; (c) ENHANCEMENT OF WATER SUPPLIES FOR tion, water supply, habitat, and stream en- (5) in subsection (i)(3)— YAKIMA BASIN TRIBUTARIES.—Section 1207 of hancement improvements in the Yakima (A) by striking ‘‘purchase or lease’’ each Public Law 103–434 (108 Stat. 4560) is amend- River basin.’’. place it appears and inserting ‘‘purchase, ed— SEC. 8203. YAKIMA RIVER BASIN WATER CON- lease, or management’’; and (1) in the section heading, by striking SERVATION PROGRAM. (B) in the third sentence, by striking ‘‘SUPPLIES’’ and inserting ‘‘MANAGEMENT’’; Section 1203 of Public Law 103–434 (108 ‘‘made immediately upon availability’’ and (2) in subsection (a)— Stat. 4551) is amended— all that follows through ‘‘Committee’’ and (A) in the matter preceding paragraph (1), (1) in subsection (a)— inserting ‘‘continued as needed to provide by striking ‘‘supplies’’ and inserting ‘‘man- (A) in paragraph (1)— water to be used by the Yakima Project agement’’; (i) in the second sentence, by striking Manager as recommended by the System Op- (B) in paragraph (1), by inserting ‘‘and ‘‘title’’ and inserting ‘‘section’’; and erations Advisory Committee and the Con- water supply entities’’ after ‘‘owners’’; and (ii) in the third sentence, by striking servation Advisory Group’’; and (C) in paragraph (2)— ‘‘within 5 years of the date of enactment of (6) in subsection (j)(4), in the first sen- (i) in subparagraph (A), by inserting ‘‘that this Act’’; and tence, by striking ‘‘initial acquisition’’ and choose not to participate in, or opt out of, (B) in paragraph (2), by striking ‘‘irriga- all that follows through ‘‘flushing flows’’ and tributary enhancement projects pursuant to tion’’ and inserting ‘‘the number of irrigated inserting ‘‘acquisition of water from willing this section’’ after ‘‘water right owners’’; and acres’’; sellers or lessors specifically to provide im- (ii) in subparagraph (B), by inserting ‘‘non- (2) in subsection (c)— proved instream flows for anadromous and participating’’ before ‘‘tributary water (A) in paragraph (2)— resident fish and other aquatic life, including users’’; (i) in each of subparagraphs (A) through pulse flows to facilitate outward migration (3) in subsection (b)— (D), by striking the comma at the end of the of anadromous fish’’. (A) in paragraph (1)— subparagraph and inserting a semicolon; (i) by striking the paragraph designation SEC. 8204. YAKIMA BASIN WATER PROJECTS, OP- (ii) in subparagraph (E), by striking the ERATIONS, AND AUTHORIZATIONS. and all that follows through ‘‘(but not lim- comma at the end and inserting ‘‘; and’’; ited to)—’’ and inserting the following: (iii) in subparagraph (F), by striking ‘‘De- (a) REDESIGNATION OF YAKAMA NATION.— ‘‘(1) IN GENERAL.—The Secretary, following partment of Wildlife of the State of Wash- Section 1204(g) of Public Law 103–434 (108 consultation with the State of Washington, ington, and’’ and inserting ‘‘Department of Stat. 4557) is amended— tributary water right owners, and the

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1261 Yakama Nation, and on agreement of appro- (i) by inserting ‘‘and implementation’’ (1) explains the reasons the conveyance has priate water right owners, is authorized to after ‘‘investigation’’; not been completed; and conduct studies to evaluate measures to fur- (ii) by striking ‘‘other’’ before ‘‘Yakima (2) specifies the date by which the convey- ther Yakima Project purposes on tributaries River’’; and ance will be completed. to the Yakima River. Enhancement pro- (iii) by inserting ‘‘and other water supply SEC. 8302. CONTRA COSTA CANAL TRANSFER. grams that use measures authorized by this entities’’ after ‘‘owners’’; and (a) DEFINITIONS.—In this section: subsection may be investigated and imple- (B) by striking the second sentence. (1) ACQUIRED LAND.—The term ‘‘acquired mented by the Secretary in tributaries to (d) CHANDLER PUMPING PLANT AND POWER- land’’ means land in Federal ownership and the Yakima River, including Taneum Creek, PLANT-OPERATIONS AT PROSSER DIVERSION land over which the Federal Government other areas, or tributary basins that cur- DAM.—Section 1208(d) of Public Law 103–434 holds an interest for the purpose of the con- rently or could potentially be provided sup- (108 Stat. 4562; 114 Stat. 1425) is amended by struction and operation of the Contra Costa plemental or transfer water by entities, such inserting ‘‘negatively’’ before ‘‘affected’’. Canal, including land under the jurisdiction as the Kittitas Reclamation District or the Subtitle D—Bureau of Reclamation Facility of— Yakima-Tieton Irrigation District, subject Conveyances (A) the Bureau of Reclamation; to the condition that activities may com- SEC. 8301. CONVEYANCE OF MAINTENANCE COM- (B) the Western Area Power Administra- mence on completion of applicable and re- tion; and quired feasibility studies, environmental re- PLEX AND DISTRICT OFFICE OF THE ARBUCKLE PROJECT, OKLAHOMA. (C) the Department of Defense in the case views, and cost-benefit analyses that include (a) DEFINITIONS.—In this section: of the Clayton Canal diversion traversing the favorable recommendations for further (1) AGREEMENT.—The term ‘‘Agreement’’ Concord Naval Weapons Station. project development, as appropriate. Meas- means the agreement entitled ‘‘Agreement (2) CONTRA COSTA CANAL.— ures to evaluate include—’’; between the United States and the Arbuckle (A) IN GENERAL.—The term ‘‘Contra Costa (ii) by indenting subparagraphs (A) Canal’’ means the Contra Costa Canal Unit through (F) appropriately; Master Conservancy District for Transfer- of the Central Valley Project, which exclu- (iii) in subparagraph (A), by inserting be- ring Title to the Federally Owned Mainte- sively serves the Contra Costa Water Dis- fore the semicolon at the end the following: nance Complex and District Office to the Ar- trict in an urban area of Contra Costa Coun- ‘‘, including irrigation efficiency improve- buckle Master Conservancy District’’ and ments (in coordination with programs of the numbered 14AG640141. ty, California. Department of Agriculture), consolidation of (2) DISTRICT.—The term ‘‘District’’ means (B) INCLUSIONS.—The term ‘‘Contra Costa diversions or administration, and diversion the Arbuckle Master Conservancy District, Canal’’ includes pipelines, conduits, pumping scheduling or coordination’’; located in Murray County, Oklahoma. plants, aqueducts, laterals, water storage (iv) by redesignating subparagraphs (C) (3) DISTRICT OFFICE.—The term ‘‘District and regulatory facilities, electric sub- through (F) as subparagraphs (E) through Office’’ means— stations, related works and improvements, (H), respectively; (A) the headquarters building located at and all interests in land associated with the (v) by inserting after subparagraph (B) the 2440 East Main, Davis, Oklahoma; and Contra Costa Canal Unit of the Central Val- following: (B) the approximately 0.83 acres of land de- ley Project in existence on the date of enact- ‘‘(C) improvements in irrigation system scribed in the Agreement. ment of this Act. management or delivery facilities within the (4) MAINTENANCE COMPLEX.—The term (C) EXCLUSION.—The term ‘‘Contra Costa Yakima River basin when those improve- ‘‘Maintenance Complex’’ means the care- Canal’’ does not include the Rock Slough ments allow for increased irrigation system taker’s residence, shop buildings, and any fish screen facility. conveyance and corresponding reduction in appurtenances located on the land described (3) CONTRA COSTA CANAL AGREEMENT.—The diversion from tributaries or flow enhance- in the Agreement comprising approximately term ‘‘Contra Costa Canal Agreement’’ ments to tributaries through direct flow sup- 2 acres. means an agreement between the District plementation or groundwater recharge; (b) CONVEYANCE TO DISTRICT.—As soon as and the Bureau of Reclamation to determine ‘‘(D) improvements of irrigation system practicable after the date of enactment of the legal, institutional, and financial terms management or delivery facilities to reduce this Act, the Secretary shall convey to the surrounding the transfer of the Contra Costa or eliminate excessively high flows caused District, all right, title, and interest of the Canal, including compensation to the rec- by the use of natural streams for conveyance United States in and to the Maintenance lamation fund established by the first sec- or irrigation water or return water;’’; Complex and District Office, Arbuckle tion of the Act of June 17, 1902 (32 Stat. 388, (vi) in subparagraph (E) (as redesignated Project, Oklahoma, consistent with the chapter 1093), equal to the net present value by clause (iv)), by striking ‘‘ground water’’ terms and conditions of the Agreement. of miscellaneous revenues that the United and inserting ‘‘groundwater recharge and’’; (c) LIABILITY.— States would otherwise derive over the 10 (vii) in subparagraph (G) (as so redesig- (1) IN GENERAL.—Effective on the date of years following the date of enactment of this nated), by inserting ‘‘or transfer’’ after ‘‘pur- conveyance to the District of the Mainte- Act from the eligible land and facilities to be chase’’; and nance Complex and District Office under this transferred, as governed by reclamation law (viii) in subparagraph (H) (as so redesig- section, the United States shall not be held and policy and the contracts. nated), by inserting ‘‘stream processes and’’ liable by any court for damages of any kind (4) CONTRACTS.—The term ‘‘contracts’’ before ‘‘stream habitats’’; arising out of any act, omission, or occur- means the existing water service contract (B) in paragraph (2)— rence relating to the Maintenance Complex between the District and the United States, (i) in the matter preceding subparagraph or District Office, except for damages caused Contract No. 175r–3401A–LTR1 (2005), Con- (A), by striking ‘‘the Taneum Creek study’’ by acts of negligence committed by the tract No. 14–06–200–6072A (1972, as amended), and inserting ‘‘studies under this sub- United States or by an employee or agent of and any other contract or land permit in- section’’; the United States prior to the date of con- volving the United States, the District, and (ii) in subparagraph (B)— veyance. Contra Costa Canal. (I) by striking ‘‘and economic’’ and insert- (2) APPLICABLE LAW.—Nothing in this sec- (5) DISTRICT.—The term ‘‘District’’ means ing ‘‘, infrastructure, economic, and land tion increases the liability of the United the Contra Costa Water District, a political use’’; and States beyond the liability provided in chap- subdivision of the State of California. (II) by striking ‘‘and’’ at the end; ter 171 of title 28, United States Code (com- (6) ROCK SLOUGH FISH SCREEN FACILITY.— (iii) in subparagraph (C), by striking the monly known as the ‘‘Federal Tort Claims (A) IN GENERAL.—The term ‘‘Rock Slough period at the end and inserting ‘‘; and’’; and Act’’), on the date of enactment of this Act. fish screen facility’’ means the fish screen (iv) by adding at the end the following: (d) BENEFITS.—After the conveyance of the facility at the Rock Slough intake to the ‘‘(D) any related studies already underway Maintenance Complex and District Office to Contra Costa Canal. or undertaken.’’; and the District under this section— (B) INCLUSIONS.—The term ‘‘Rock Slough (C) in paragraph (3), in the first sentence, (1) the Maintenance Complex and District fish screen facility’’ includes the screen by inserting ‘‘of each tributary or group of Office shall not be considered to be a part of structure, rake cleaning system, and acces- tributaries’’ after ‘‘study’’; a Federal reclamation project; and sory structures integral to the screen func- (4) in subsection (c)— (2) the District shall not be eligible to re- tion of the Rock Slough fish screen facility, (A) in the subsection heading, by inserting ceive any benefits with respect to any facil- as required under the Central Valley Project ‘‘AND NONSURFACE STORAGE’’ after ‘‘NON- ity comprising that Maintenance Complex Improvement Act (Public Law 102–575; 106 STORAGE’’; and and District Office, other than benefits that Stat. 4706). (B) in the matter preceding paragraph (1), would be available to a similarly situated (7) ROCK SLOUGH FISH SCREEN FACILITY by inserting ‘‘and nonsurface storage’’ after person with respect to a facility that is not TITLE TRANSFER AGREEMENT.—The term ‘‘nonstorage’’; part of a Federal reclamation project. ‘‘Rock Slough fish screen facility title trans- (5) by striking subsection (d); (e) COMMUNICATION.—If the Secretary has fer agreement’’ means an agreement between (6) by redesignating subsection (e) as sub- not completed the conveyance required the District and the Bureau of Reclamation section (d); and under subsection (b) by the date that is 1 to— (7) in paragraph (2) of subsection (d) (as so year after the date of enactment of this Act, (A) determine the legal, institutional, and redesignated)— the Secretary shall submit to Congress a let- financial terms surrounding the transfer of (A) in the first sentence— ter with sufficient detail that— the Rock Slough fish screen facility; and

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1262 CONGRESSIONAL RECORD — SENATE February 12, 2019 (B) ensure the continued safe and reliable act, omission, or occurrence relating to the achieve the mission of the Bureau to man- operations of the Rock Slough fish screen fa- Contra Costa Canal or the acquired land. age, develop, and protect water and related cility. (B) EXCEPTION.—The United States shall resources in an environmentally and eco- (b) CONVEYANCE OF LAND AND FACILITIES.— continue to be liable for damages caused by nomically sound manner in the interest of (1) IN GENERAL.—Not later than 180 days acts of negligence committed by the United the people of the United States: after the date of enactment of this Act, in States or by any employee or agent of the (i) Capitalized facilities, buildings, struc- consideration for the District assuming from United States before the date of the convey- tures, project features, power production the United States all liability for the admin- ance and assignment under subsection (b)(1), equipment, recreation facilities, or quarters. istration, operation, maintenance, and re- consistent with chapter 171 of title 28, United (ii) Capitalized and noncapitalized heavy placement of the Contra Costa Canal, con- States Code (commonly known as the ‘‘Fed- equipment and other installed equipment. sistent with the terms and conditions set eral Tort Claims Act’’). (B) INCLUSIONS.—The term ‘‘asset’’ includes forth in the Contra Costa Canal Agreement (C) LIMITATION.—Nothing in this section assets described in subparagraph (A) that are and subject to valid existing rights and ex- increases the liability of the United States considered to be mission critical. isting recreation agreements between the beyond the liability provided under chapter (2) ASSET MANAGEMENT REPORT.—The term Bureau of Reclamation and the East Bay Re- 171 of title 28, United States Code (commonly ‘‘Asset Management Report’’ means— gional Park District for Contra Loma Re- known as the ‘‘Federal Tort Claims Act’’). (A) the annual plan prepared by the Bureau gional Park and other local agencies within (d) REPORT.—If the conveyance and assign- known as the ‘‘Asset Management Plan’’; the Contra Costa Canal, the Secretary shall ment authorized by subsection (b)(1) is not and offer to convey and assign to the District— completed by the date that is 1 year after (B) any publicly available information re- (A) all right, title, and interest of the the date of enactment of this Act, the Sec- lating to the plan described in subparagraph United States in and to— retary shall submit to Congress a report (A) that summarizes the efforts of the Bu- (i) the Contra Costa Canal; and that— reau to evaluate and manage infrastructure (ii) the acquired land; and (1) describes the status of the conveyance assets of the Bureau. (B) all interests reserved and developed as and assignment; (3) MAJOR REPAIR AND REHABILITATION of the date of enactment of this Act for the (2) describes any obstacles to completing NEED.—The term ‘‘major repair and rehabili- Contra Costa Canal in the acquired land, in- the conveyance and assignment; and tation need’’ means major nonrecurring cluding existing recreation agreements be- (3) specifies an anticipated date for com- maintenance at a Reclamation facility, in- tween the Bureau of Reclamation and the pletion of the conveyance and assignment. cluding maintenance related to the safety of East Bay Regional Park District for Contra Subtitle E—Project Authorizations dams, extraordinary maintenance of dams, Loma Regional Park and other local agen- SEC. 8401. EXTENSION OF EQUUS BEDS DIVISION deferred major maintenance activities, and cies within the Contra Costa Canal. OF THE WICHITA PROJECT. all other significant repairs and extraor- (2) ROCK SLOUGH FISH SCREEN FACILITY.— Section 10(h) of Public Law 86–787 (74 Stat. dinary maintenance. (A) IN GENERAL.—The Secretary shall con- 1026; 120 Stat. 1474) is amended by striking SEC. 8602. ASSET MANAGEMENT REPORT EN- vey and assign to the District all right, title, ‘‘10 years’’ and inserting ‘‘20 years’’. HANCEMENTS FOR RESERVED WORKS. and interest of the United States in and to Subtitle F—Modifications of Existing the Rock Slough fish screen facility pursu- Programs (a) IN GENERAL.—Not later than 2 years ant to the Rock Slough fish screen facility after the date of enactment of this Act, the title transfer agreement. SEC. 8501. WATERSMART. Secretary shall submit to Congress an Asset Section 9504 of the Omnibus Public Land (B) COOPERATION.—Not later than 180 days Management Report that— after the conveyance of the Contra Costa Management Act of 2009 (42 U.S.C. 10364) is (1) describes the efforts of the Bureau— Canal, the Secretary and the District shall amended in subsection (a)— (A) to maintain in a reliable manner all re- enter into good faith negotiations to accom- (1) in paragraph (2)(A)— served works at Reclamation facilities; and plish the conveyance and assignment under (A) by striking ‘‘within the States’’ and in- (B) to standardize and streamline data re- subparagraph (A). serting the following: ‘‘within— porting and processes across regions and ‘‘(i) the States’’; (3) PAYMENT OF COSTS.—The District shall areas for the purpose of maintaining re- pay to the Secretary any administrative and (B) in clause (i) (as so designated), by served works at Reclamation facilities; and real estate transfer costs incurred by the striking ‘‘and’’ at the end; and (2) expands on the information otherwise Secretary in carrying out the conveyances (C) by adding at the end the following: provided in an Asset Management Report, in and assignments under paragraphs (1) and ‘‘(ii) the State of Alaska; or accordance with subsection (b). ‘‘(iii) the State of Hawaii; and’’; and (2), including the cost of any boundary sur- (b) INFRASTRUCTURE MAINTENANCE NEEDS (2) in paragraph (3)(B)— vey, title search, cadastral survey, appraisal, ASSESSMENT.— (A) by redesignating clauses (i) and (ii) as and other real estate transaction required (1) IN GENERAL.—The Asset Management subclauses (I) and (II), respectively, and in- for the conveyances and assignments. Report submitted under subsection (a) shall denting appropriately; (4) COMPLIANCE WITH ENVIRONMENTAL include— (B) in the matter preceding subclause (I) LAWS.— (A) a detailed assessment of major repair (as so redesignated), by striking ‘‘In car- (A) IN GENERAL.—Before carrying out the and rehabilitation needs for all reserved rying’’ and inserting the following: conveyances and assignments under para- works at all Reclamation projects; and ‘‘(i) IN GENERAL.—Except as provided in graphs (1) and (2), the Secretary shall comply (B) to the maximum extent practicable, an clause (ii), in carrying’’; and with all applicable requirements under— itemized list of major repair and rehabilita- (C) by adding at the end the following: (i) the National Environmental Policy Act tion needs of individual Reclamation facili- ‘‘(ii) INDIAN TRIBES.—In the case of an eligi- of 1969 (42 U.S.C. 4321 et seq.); ties at each Reclamation project. ble applicant that is an Indian tribe, in car- (ii) the Endangered Species Act of 1973 (16 (2) INCLUSIONS.—To the maximum extent rying out paragraph (1), the Secretary shall U.S.C. 1531 et seq.); and practicable, the itemized list of major repair not provide a grant, or enter into an agree- (iii) any other law applicable to the Contra and rehabilitation needs under paragraph ment, for an improvement to conserve irriga- Costa Canal or the acquired land. (1)(B) shall include— tion water unless the Indian tribe agrees (B) EFFECT.—Nothing in this section modi- (A) a budget level cost estimate of the ap- not— fies or alters any obligations under— propriations needed to complete each item; ‘‘(I) to use any associated water savings to (i) the National Environmental Policy Act and increase the total irrigated acreage more of 1969 (42 U.S.C. 4321 et seq.); or (B) an assignment of a categorical rating than the water right of that Indian tribe, as (ii) the Endangered Species Act of 1973 (16 for each item, consistent with paragraph (3). determined by— U.S.C. 1531 et seq.). (3) RATING REQUIREMENTS.— ‘‘(aa) a court decree; (c) RELATIONSHIP TO EXISTING CENTRAL (A) IN GENERAL.—The system for assigning ‘‘(bb) a settlement; VALLEY PROJECT CONTRACTS.— ratings under paragraph (2)(B) shall be— ‘‘(cc) a law; or (1) IN GENERAL.—Nothing in this section af- (i) consistent with existing uniform cat- ‘‘(dd) any combination of the authorities fects— egorization systems to inform the annual described in items (aa) through (cc); or (A) the application of the reclamation laws budget process and agency requirements; and ‘‘(II) to otherwise increase the consump- to water delivered to the District pursuant (ii) subject to the guidance and instruc- tive use of water more than the water right to any contract with the Secretary; or tions issued under subparagraph (B). of the Indian tribe described in subclause (B) subject to paragraph (2), the contracts. (B) GUIDANCE.—As soon as practicable after (I).’’. (2) AMENDMENTS TO CONTRACTS.—The Sec- the date of enactment of this Act, the Sec- retary and the District may modify the con- Subtitle G—Bureau of Reclamation retary shall issue guidance that describes tracts as necessary to comply with this sec- Transparency the applicability of the rating system appli- tion. SEC. 8601. DEFINITIONS. cable under paragraph (2)(B) to Reclamation (3) LIABILITY.— In this part: facilities. (A) IN GENERAL.—Except as provided in (1) ASSET.— (4) PUBLIC AVAILABILITY.—Except as pro- subparagraph (B), the United States shall (A) IN GENERAL.—The term ‘‘asset’’ means vided in paragraph (5), the Secretary shall not be liable for damages arising out of any any of the following assets that are used to make publicly available, including on the

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1263 internet, the Asset Management Report re- lands of the United States, and any other lieved to be deceased at the time that the quired under subsection (a). territory or possession of the United States. search is initiated. (5) CONFIDENTIALITY.—The Secretary may (5) STUDENT OR STUDENTS.—The term ‘‘stu- (3) SECRETARY.—The term ‘‘Secretary’’ exclude from the public version of the Asset dent’’ or ‘‘students’’ means any fourth grader means the Secretary or the Secretary of Ag- Management Report made available under or home-schooled learner 10 years of age re- riculture, as applicable. paragraph (4) any information that the Sec- siding in the United States, including any (b) PROCESS.— retary identifies as sensitive or classified, territory or possession of the United States. (1) IN GENERAL.—Each Secretary shall de- but shall make available to the Committee (b) EVERY KID OUTDOORS PROGRAM.— velop and implement a process to expedite on Energy and Natural Resources of the Sen- (1) ESTABLISHMENT.—The Secretaries shall access to Federal land under the administra- ate and the Committee on Natural Resources jointly establish a program, to be known as tive jurisdiction of the Secretary for eligible of the House of Representatives a version of the ‘‘Every Kid Outdoors program’’, to pro- organizations and individuals to request ac- the report containing the sensitive or classi- vide free access to Federal land and waters cess to Federal land to conduct good Samari- fied information. for students and accompanying individuals tan search-and-recovery missions. (c) UPDATES.—Not later than 2 years after in accordance with this subsection. (2) INCLUSIONS.—The process developed and the date on which the Asset Management Re- (2) ANNUAL PASSES.— implemented under this subsection shall in- port is submitted under subsection (a) and (A) IN GENERAL.—At the request of a stu- clude provisions to clarify that— biennially thereafter, the Secretary shall up- dent, the Secretaries shall issue a pass to the (A) an eligible organization or individual date the Asset Management Report, subject student, which allows access to Federal granted access under this section— to the requirements of section 8603(b)(2). lands and waters for which access is subject (i) shall be acting for private purposes; and (d) CONSULTATION.—To the extent that to an entrance, standard amenity, or day use (ii) shall not be considered to be a Federal such consultation would assist the Secretary fee, free of charge for the student and— volunteer; in preparing the Asset Management Report (i) in the case of a per-vehicle fee area— (B) an eligible organization or individual under subsection (a) and updates to the (I) any passengers accompanying the stu- conducting a good Samaritan search-and-re- Asset Management Report under subsection dent in a private, noncommercial vehicle; or covery mission under this section shall not (c), the Secretary shall consult with— (II) not more than three adults accom- be considered to be a volunteer under section (1) the Secretary of the Army (acting panying the student on bicycles; or 102301(c) of title 54, United States Code; through the Chief of Engineers); and (ii) in the case of a per-person fee area, not (C) chapter 171 of title 28, United States (2) water and power contractors. more than three adults accompanying the Code (commonly known as the ‘‘Federal Tort SEC. 8603. ASSET MANAGEMENT REPORT EN- student. Claims Act’’), shall not apply to an eligible HANCEMENTS FOR TRANSFERRED (B) TERM.—A pass described in subpara- organization or individual carrying out a pri- WORKS. graph (A) shall be effective during the period vately requested good Samaritan search-and- (a) IN GENERAL.—The Secretary shall co- beginning on September 1 and ending on Au- recovery mission under this section; and ordinate with the non-Federal entities re- gust 31 of the following year. (D) chapter 81 of title 5, United States Code sponsible for the operation and maintenance (C) PRESENCE OF A STUDENT IN GRADE FOUR (commonly known as the ‘‘Federal Employ- of transferred works in developing reporting REQUIRED.—A pass described in subparagraph ees Compensation Act’’), shall not apply to requirements for Asset Management Reports (A) shall be effective only if the student to an eligible organization or individual con- with respect to major repair and rehabilita- which the pass was issued is present at the ducting a good Samaritan search-and-recov- tion needs for transferred works that are point of entry to the applicable Federal land ery mission under this section, and the con- similar to the reporting requirements de- or water. duct of the good Samaritan search-and-re- scribed in section 8602(b). (3) OTHER ACTIVITIES.—In carrying out the covery mission shall not constitute civilian (b) GUIDANCE.— program, the Secretaries— employment. (1) IN GENERAL.—After considering input (A) may collaborate with State Park sys- (c) RELEASE OF FEDERAL GOVERNMENT from water and power contractors of the Bu- tems that opt to implement a complemen- FROM LIABILITY.—The Secretary shall not re- reau, the Secretary shall develop and imple- tary Every Kid Outdoors State park pass; quire an eligible organization or individual ment a rating system for transferred works (B) may coordinate with the Secretary of to have liability insurance as a condition of that incorporates, to the maximum extent Education to implement the program; accessing Federal land under this section, if practicable, the rating system for major re- (C) shall maintain a publicly available the eligible organization or individual— pair and rehabilitation needs for reserved website with information about the program; (1) acknowledges and consents, in writing, works developed under section 8602(b)(3). (D) may provide visitor services for the to the provisions described in subparagraphs (2) UPDATES.—The ratings system devel- program; and (A) through (D) of subsection (b)(2); and oped under paragraph (1) shall be included in (E) may support approved partners of the (2) signs a waiver releasing the Federal the updated Asset Management Reports Federal land and waters by providing the Government from all liability relating to the under section 8602(c). partners with opportunities to participate in access granted under this section and agrees TITLE IX—MISCELLANEOUS the program. to indemnify and hold harmless the United SEC. 9001. EVERY KID OUTDOORS ACT. (4) REPORTS.—The Secretary, in coordina- States from any claims or lawsuits arising (a) DEFINITIONS.—In this section: tion with each Secretary described in sub- from any conduct by the eligible organiza- (1) FEDERAL LAND AND WATERS.—The term paragraphs (B) through (D) of subsection tion or individual on Federal land. ‘‘Federal land and waters’’ means any Fed- (a)(3), shall prepare a comprehensive report (d) APPROVAL AND DENIAL OF REQUESTS.— eral land or body of water under the jurisdic- to Congress each year describing— (1) IN GENERAL.—The Secretary shall notify tion of any of the Secretaries to which the (A) the implementation of the program; an eligible organization or individual of the public has access. (B) the number and geographical distribu- approval or denial of a request by the eligi- (2) PROGRAM.—The term ‘‘program’’ means tion of students who participated in the pro- ble organization or individual to carry out a the Every Kid Outdoors program established gram; and good Samaritan search-and-recovery mission under subsection (b)(1). (C) the number of passes described in para- under this section by not later than 48 hours (3) SECRETARIES.—The term ‘‘Secretaries’’ graph (2)(A) that were distributed. after the request is made. means— (5) SUNSET.—The authorities provided in (2) DENIALS.—If the Secretary denies a re- (A) the Secretary, acting through— this section, including the reporting require- quest from an eligible organization or indi- (i) the Director of the National Park Serv- ment, shall expire on the date that is 7 years vidual to carry out a good Samaritan search- ice; after the date of enactment of this Act. and-recovery mission under this section, the (ii) the Director of the United States Fish SEC. 9002. GOOD SAMARITAN SEARCH AND RE- Secretary shall notify the eligible organiza- and Wildlife Service; COVERY ACT. tion or individual of— (iii) the Director of the Bureau of Land (a) DEFINITIONS.—In this section: (A) the reason for the denial of the request; Management; and (1) ELIGIBLE.—The term ‘‘eligible’’, with re- and (iv) the Commissioner of Reclamation; spect to an organization or individual, means (B) any actions that the eligible organiza- (B) the Secretary of Agriculture, acting that the organization or individual, respec- tion or individual can take to meet the re- through the Chief of the Forest Service; tively, is— quirements for the request to be approved. (C) the Secretary of Commerce, acting (A) acting in a not-for-profit capacity; and (e) PARTNERSHIPS.—Each Secretary shall through the Administrator of the National (B) composed entirely of members who, at develop search-and-recovery-focused partner- Oceanic and Atmospheric Administration; the time of the good Samaritan search-and- ships with search-and-recovery organiza- and recovery mission, have attained the age of tions— (D) the Secretary of the Army, acting majority under the law of the State where (1) to coordinate good Samaritan search- through the Assistant Secretary of the Army the mission takes place. and-recovery missions on Federal land under for Civil Works. (2) GOOD SAMARITAN SEARCH-AND-RECOVERY the administrative jurisdiction of the Sec- (4) STATE.—The term ‘‘State’’ means each MISSION.—The term ‘‘good Samaritan search- retary; and of the several States, the District of Colum- and-recovery mission’’ means a search con- (2) to expedite and accelerate good Samari- bia, American Samoa, Guam, the Northern ducted by an eligible organization or indi- tan search-and-recovery mission efforts for Mariana Islands, Puerto Rico, the Virgin Is- vidual for 1 or more missing individuals be- missing individuals on Federal land under

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE S1264 CONGRESSIONAL RECORD — SENATE February 12, 2019

the administrative jurisdiction of the Sec- ‘‘(1) IN GENERAL.—There is established in ‘‘(2) INDIAN YOUTH SERVICE CORPS.—With re- retary. the Department of the Interior, the Depart- spect to the Indian Youth Service Corps es- (f) REPORT.—Not later than 180 days after ment of Agriculture, and the Department of tablished under section 210, the Secretary the date of enactment of this Act, the Secre- Commerce a corps, to be known as the ‘Pub- shall establish the term of service of partici- taries shall submit to Congress a joint report lic Lands Corps’. pants in consultation with the affected In- describing— ‘‘(2) NO EFFECT ON OTHER AGENCIES.—Noth- dian tribe.’’; (1) plans to develop partnerships described ing in this subsection precludes the estab- (5) in subsection (d) (as so redesignated)— in subsection (e)(1); and lishment of a public lands corps by the head (A) by redesignating paragraphs (1) and (2) (2) efforts carried out to expedite and ac- of a Federal department or agency other as subparagraphs (A) and (B), respectively, celerate good Samaritan search-and-recov- than a department described in paragraph and indenting the subparagraphs appro- ery mission efforts for missing individuals on (1), in accordance with this Act.’’; priately; Federal land under the administrative juris- (2) in subsection (b)— (B) in the matter preceding subparagraph diction of each Secretary pursuant to sub- (A) in the first sentence, by striking ‘‘indi- (A) (as so redesignated), by striking ‘‘The section (e)(2). viduals between the ages of 16 and 30, inclu- Secretary’’ and inserting the following: SEC. 9003. 21ST CENTURY CONSERVATION SERV- sive,’’ and inserting ‘‘individuals between the ‘‘(1) IN GENERAL.—The Secretary’’; and ICE CORPS ACT. ages of 16 and 30, inclusive, and veterans age (C) by adding at the end the following: (a) DEFINITIONS.—Section 203 of the Public 35 or younger’’; and ‘‘(2) TIME-LIMITED APPOINTMENT.—For pur- Lands Corps Act of 1993 (16 U.S.C. 1722) is (B) in the second sentence, by striking poses of section 9602 of title 5, United States amended— ‘‘section 137(b) of the National and Commu- Code, a former member of the Corps hired by (1) in paragraph (2), by striking ‘‘under sec- nity Service Act of 1990’’ and inserting the Secretary under paragraph (1)(B) for a tion 204’’ and inserting ‘‘by section 204(a)(1)’’; ‘‘paragraphs (1), (2), (4), and (5) of section time-limited appointment shall be consid- (2) by redesignating paragraphs (8) through 137(a) of the National and Community Serv- ered to be appointed initially under open, (13) as paragraphs (9) through (14), respec- ice Act of 1990 (42 U.S.C. 12591(a))’’; and competitive examination.’’; and tively; (3) by adding at the end the following: (6) by adding at the end the following: (3) by inserting after paragraph (7) the fol- ‘‘(g) EFFECT.—Nothing in this section au- ‘‘(e) APPLICABILITY TO QUALIFIED YOUTH OR lowing: thorizes the use of the Public Lands Corps CONSERVATION CORPS.—The hiring and com- ‘‘(8) INSTITUTION OF HIGHER EDUCATION.— for projects on or impacting real property pensation standards described in this section ‘‘(A) IN GENERAL.—The term ‘institution of owned by, operated by, or within the cus- shall apply to any individual participating in higher education’ has the meaning given the tody, control, or administrative jurisdiction an appropriate conservation project through term in section 102 of the Higher Education of the Administrator of General Services a qualified youth or conservation corps, in- Act of 1965 (20 U.S.C. 1002). without the express permission of the Ad- cluding an individual placed through a con- ministrator of General Services.’’. ‘‘(B) EXCLUSION.—The term ‘institution of tract or cooperative agreement, as approved (c) TRANSPORTATION.—Section 205 of the higher education’ does not include— by the Secretary.’’. Public Lands Corps Act of 1993 (16 U.S.C. ‘‘(i) an institution described in section (f) REPORTING AND DATA COLLECTION.— 1724) is amended by adding at the end the fol- 101(b) of the Higher Education Act of 1965 (20 Title II of the Public Lands Corps Act of 1993 lowing: U.S.C. 1001(b)); or (16 U.S.C. 1721 et seq.) is amended— ‘‘(e) TRANSPORTATION.—The Secretary may (1) by redesignating sections 209 through ‘‘(ii) an institution outside the United provide to Corps participants who reside in 211 as sections 211 through 213, respectively; States, as described in section 102(a)(1)(C) of their own homes transportation to and from (2) by inserting after section 208 the fol- the Higher Education Act of 1965 (20 U.S.C. appropriate conservation project sites.’’. lowing: 1002(a)(1)(C)).’’; (d) RESOURCE ASSISTANTS.— (4) in paragraph (9) (as so redesignated)— (1) IN GENERAL.—Section 206(a) of the Pub- ‘‘SEC. 209. REPORTING AND DATA COLLECTION. (A) in the matter preceding subparagraph lic Lands Corps Act of 1993 (16 U.S.C. 1725(a)) ‘‘(a) REPORT.—Not later than 2 years after (A), by striking ‘‘, as follows’’ and inserting is amended by striking the first sentence and the date of enactment of the Natural Re- ‘‘and other conservation and restoration ini- inserting the following: ‘‘The Secretary may sources Management Act, and annually tiatives, as follows’’; and provide individual placements of resource as- thereafter, the Chief Executive Officer of the (B) by adding at the end the following: sistants to carry out research or resource Corporation for National and Community ‘‘(E) To protect, restore, or enhance ma- protection activities on behalf of the Sec- Service, in coordination with the Secre- rine, estuarine, riverine, and coastal habitat retary.’’. taries, shall submit to Congress a report that ecosystem components— (2) DIRECT HIRE AUTHORITY.—Section 121(a) includes data on the Corps, including— ‘‘(i) to promote the recovery of threatened of the Department of the Interior, Environ- ‘‘(1) the number of participants enrolled in species, endangered species, and managed ment, and Related Agencies Appropriations the Corps and the length of the term of serv- fisheries; Act, 2012 (16 U.S.C. 1725a), is amended— ice for each participant; ‘‘(ii) to restore fisheries, protected re- (A) in paragraph (1)— ‘‘(2) the projects carried out by Corps par- sources, and habitats impacted by oil and (i) by striking ‘‘Secretary of the Interior’’ ticipants, categorized by type of project and chemical spills and natural disasters; or and inserting ‘‘Secretary (as defined in sec- Federal agency; ‘‘(iii) to enhance the resilience of coastal tion 203 of the Public Lands Corps Act of 1993 ‘‘(3) the total amount and sources of fund- ecosystems, communities, and economies (16 U.S.C. 1722))’’; ing provided for the service of participants; through habitat conservation.’’; (ii) by striking ‘‘paragraph (1)’’ and insert- ‘‘(4) the type of service performed by par- (5) in subparagraph (A) of paragraph (11) ing ‘‘paragraph (2)’’; and ticipants and the impact and accomplish- (as so redesignated), by striking ‘‘individuals (iii) by striking ‘‘with a land managing ments of the service; and between the ages of 16 and 30, inclusive,’’ and agency of the Department of the Interior’’; ‘‘(5) any other similar data determined to inserting ‘‘individuals between the ages of 16 and be appropriate by the Chief Executive Officer and 30, inclusive, or veterans age 35 or (B) in paragraph (2)(A), by striking ‘‘with a of the Corporation for National and Commu- younger’’; land managing agency’’ and inserting ‘‘with nity Service or the Secretaries. (6) in paragraph (13) (as so redesignated)— the Secretary (as so defined)’’. ‘‘(b) DATA.—Not later than 1 year after the (A) in subparagraph (A), by striking ‘‘and’’ (e) COMPENSATION AND EMPLOYMENT STAND- date of enactment of the Natural Resources at the end; ARDS.—Section 207 of the Public Lands Corps Management Act, and annually thereafter, (B) in subparagraph (B), by striking the pe- Act of 1993 (16 U.S.C. 1726) is amended— the Secretaries shall submit to the Chief Ex- riod at the end and inserting ‘‘; and’’; and (1) by striking the section heading and in- ecutive Officer of the Corporation for Na- (C) by adding at the end the following: serting ‘‘COMPENSATION AND TERMS OF SERV- tional and Community Service the data de- ‘‘(C) with respect to the National Marine ICE’’; scribed in subsection (a). Sanctuary System, coral reefs, and other (2) by redesignating subsections (b) and (c) ‘‘(c) DATA COLLECTION.—The Chief Execu- coastal, estuarine, and marine habitats, and as subsections (c) and (d), respectively; tive Officer of the Corporation for National other land and facilities administered by the (3) by inserting after subsection (a) the fol- and Community Service may coordinate National Oceanic and Atmospheric Adminis- lowing: with qualified youth or conservation corps to tration, the Secretary of Commerce.’’; and ‘‘(b) EDUCATIONAL CREDIT.—The Secretary improve the collection of the required data (7) by adding at the end the following: may provide a Corps participant with an edu- described in subsection (a). ‘‘(15) VETERAN.—The term ‘veteran’ has the cational credit that may be applied toward a ‘‘(d) COORDINATION.— meaning given the term in section 101 of program of postsecondary education at an ‘‘(1) IN GENERAL.—The Secretaries shall, to title 38, United States Code.’’. institution of higher education that agrees the maximum extent practicable, coordinate (b) PUBLIC LANDS CORPS PROGRAM.—Sec- to award the credit for participation in the with each other to carry out activities au- tion 204 of the Public Lands Corps Act of 1993 Corps.’’; thorized under this Act, including— (16 U.S.C. 1723) is amended— (4) in subsection (c) (as so redesignated)— ‘‘(A) the data collection and reporting re- (1) by striking subsection (a) and inserting (A) by striking ‘‘Each participant’’ and in- quirements of this section; and the following: serting the following: ‘‘(B) implementing and issuing guidance on ‘‘(a) ESTABLISHMENT OF PUBLIC LANDS ‘‘(1) IN GENERAL.—Each participant’’; and eligibility for noncompetitive hiring status CORPS.— (B) by adding at the end the following: under section 207(d).

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 12, 2019 CONGRESSIONAL RECORD — SENATE S1265

‘‘(2) DESIGNATION OF COORDINATORS.—The amend section 906.2 of title 36, Code of Fed- SEC. 9008. QUINDARO TOWNSITE NATIONAL COM- Secretary shall designate a coordinator to eral Regulations, for purposes of— MEMORATIVE SITE. coordinate and serve as the primary point of (A) replacing the references to the term (a) DEFINITIONS.—In this section: contact for any activity of the Corps carried ‘‘Negro’’ with ‘‘Black or African American’’; (1) COMMEMORATIVE SITE.—The term ‘‘Com- out by the Secretary.’’; and (B) replacing the definition of ‘‘Negro’’ memorative Site’’ means the Quindaro (3) in subsection (c) of section 212 (as so re- with the definition of ‘‘Black or African Townsite National Commemorative Site des- designated), by striking ‘‘211’’ and inserting American’’ as ‘‘ an individual having origins ignated by subsection (b)(1). ‘‘213’’. in any of the Black racial groups of Africa’’; (2) STATE.—The term ‘‘State’’ means the (g) INDIAN YOUTH SERVICE CORPS.—Title II (C) replacing the references to the term State of Kansas. of the Public Lands Corps Act of 1993 (16 ‘‘Oriental’’ with ‘‘Asian American or Pacific (b) DESIGNATION.— U.S.C. 1721 et seq.) (as amended by sub- Islander’’; and (1) IN GENERAL.—The Quindaro Townsite in section (f)) is amended by inserting after sec- (D) replacing the references to the terms Kansas City, Kansas, as listed on the Na- tion 209 the following: ‘‘Eskimo’’ and ‘‘Aleut’’ with ‘‘Alaska Na- tional Register of Historic Places, is des- ‘‘SEC. 210. INDIAN YOUTH SERVICE CORPS. tive’’. ignated as the ‘‘Quindaro Townsite National Commemorative Site’’. ‘‘(a) IN GENERAL.—There is established (b) RULE OF CONSTRUCTION.—Nothing in (2) EFFECT OF DESIGNATION.—The Com- within the Public Lands Corps a program to this section, or the amendments required by memorative Site shall not be considered to be known as the ‘Indian Youth Service this section, shall be construed to affect Fed- be a unit of the National Park System. Corps’ that— eral law, except with respect to the use of ‘‘(1) enrolls participants between the ages (c) COOPERATIVE AGREEMENTS.— terms by the Secretary of Agriculture and (1) IN GENERAL.—The Secretary, in con- of 16 and 30, inclusive, and veterans age 35 or the Administrator of General Services, re- younger, a majority of whom are Indians; sultation with the State, Kansas City, Kan- spectively, to the regulations affected by sas, and affected subdivisions of the State, ‘‘(2) is established pursuant to an agree- this section. ment between an Indian tribe and a qualified may enter into cooperative agreements with youth or conservation corps for the benefit SEC. 9007. AMERICAN WORLD WAR II HERITAGE appropriate public or private entities, for the of the members of the Indian tribe; and CITIES. purposes of— ‘‘(3) carries out appropriate conservation (a) DESIGNATION.—In order to recognize and (A) protecting historic resources at the projects on eligible service land. ensure the continued preservation and im- Commemorative Site; and ‘‘(b) AUTHORIZATION OF COOPERATIVE portance of the history of the United States (B) providing educational and interpretive AGREEMENTS.—The Secretary may enter into involvement in World War II, each calendar facilities and programs at the Commemora- cooperative agreements with Indian tribes year the Secretary may designate 1 or more tive Site for the public. and qualified youth or conservation corps for cities located in 1 of the several States or a (2) TECHNICAL AND FINANCIAL ASSISTANCE.— the establishment and administration of the territory of the United States as an ‘‘Amer- The Secretary may provide technical and fi- Indian Youth Service Corps. ican World War II Heritage City’’. Not more nancial assistance to any entity with which ‘‘(c) GUIDELINES.—Not later than 18 months than 1 city in each State or territory may be the Secretary has entered into a cooperative after the date of enactment of the Natural designated under this section. agreement under paragraph (1). Resources Management Act, the Secretary of (d) NO EFFECT ON ACTIONS OF PROPERTY (b) APPLICATION FOR DESIGNATION.—The the Interior, in consultation with Indian OWNERS.—Designation of the Quindaro Secretary may— tribes, shall issue guidelines for the manage- Townsite as a National Commemorative Site (1) establish and publicize the process by ment of the Indian Youth Service Corps, in shall not prohibit any actions that may oth- which a city may apply for designation as an accordance with this Act and any other ap- erwise be taken by a property owner (includ- American World War II Heritage City based plicable Federal laws.’’. ing any owner of the Commemorative Site) on the criteria in subsection (c); and with respect to the property of the owner. SEC. 9004. NATIONAL NORDIC MUSEUM ACT. (2) encourage cities to apply for designa- (a) DESIGNATION.—The Nordic Museum lo- (e) NO EFFECT ON ADMINISTRATION.—Noth- tion as an American World War II Heritage ing in this section affects the administration cated at 2655 N.W. Market Street, Seattle, City. Washington, is designated as the ‘‘National of the Commemorative Site by Kansas City, Nordic Museum’’. (c) CRITERIA FOR DESIGNATION.—The Sec- Kansas, or the State. (b) EFFECT OF DESIGNATION.— retary, in consultation with the Secretary of SEC. 9009. DESIGNATION OF NATIONAL COMEDY (1) IN GENERAL.—The museum designated the Smithsonian Institution or the President CENTER IN JAMESTOWN, NEW YORK. by subsection (a) is not a unit of the Na- of the National Trust for Historic Preserva- (a) CONGRESSIONAL RECOGNITION.—Con- tional Park System. tion, shall make each designation under sub- gress— (2) USE OF FEDERAL FUNDS.—The designa- section (a) based on the following criteria: (1) recognizes that the National Comedy tion of the museum by subsection (a) shall (1) Contributions by a city and its environs Center, located in Jamestown, New York, is not require Federal funds to be expended for to the World War II home-front war effort, the only museum of its kind that exists for any purpose related to the museum. including contributions related to— the exclusive purpose of celebrating comedy SEC. 9005. DESIGNATION OF NATIONAL GEORGE (A) defense manufacturing, such as ships, in all its forms; and C. MARSHALL MUSEUM AND LI- aircraft, uniforms, and equipment; (2) officially designates the National Com- BRARY. (B) production of foodstuffs and consumer edy Center as the ‘‘National Comedy Center’’ (a) DESIGNATION.—The George C. Marshall items for Armed Forces and home consump- (referred to in this section as the ‘‘Center’’). Museum and the George C. Marshall Re- tion; (b) EFFECT OF RECOGNITION.—The National search Library in Lexington, Virginia, are (C) war bond drives; Comedy Center recognized in this section is designated as the ‘‘National George C. Mar- (D) adaptations to wartime survival; not a unit of the National Park System and shall Museum and Library’’ (referred to in (E) volunteer participation; the designation of the Center shall not be this section as the ‘‘museum)’’. (F) civil defense preparedness; construed to require or permit Federal funds (b) EFFECT OF DESIGNATION.— (G) personnel serving in the Armed Forces, to be expended for any purpose related to the (1) IN GENERAL.—The museum designated their achievements, and facilities for their Center. by subsection (a) is not a unit of the Na- rest and recreation; or f tional Park System. (H) the presence of Armed Forces camps, (2) USE OF FEDERAL FUNDS.—The designa- bases, airfields, harbors, repair facilities, and CLOTURE MOTION tion of the museum by subsection (a) shall other installations within or in its environs. The PRESIDING OFFICER. Pursuant not require Federal funds to be expended for (2) Achievements by a city and its environs to rule XXII, the Chair lays before the any purpose related to the museum. to preserve the heritage and legacy of the Senate the pending cloture motion, SEC. 9006. 21ST CENTURY RESPECT ACT. city’s contributions to the war effort and to (a) AMENDMENTS TO REGULATIONS RE- preserve World War II history, including— which the clerk will state. QUIRED.— (A) the identification, preservation, res- The bill clerk read as follows: (1) SECRETARY OF AGRICULTURE.—The Sec- toration, and interpretation of World War II- CLOTURE MOTION retary of Agriculture shall amend section related structures, facilities and sites; We, the undersigned Senators, in accord- 1901.202 of title 7, Code of Federal Regula- (B) establishment of museums, parks, and ance with the provisions of rule XXII of the tions, for purposes of— markers; Standing Rules of the Senate, do hereby (A) replacing the reference to the term (C) establishment of memorials to area move to bring to a close debate on the nomi- ‘‘Negro or Black’’ with ‘‘Black or African men who lost their lives in service; nation of William Pelham Barr, of Virginia, American’’; (D) organizing groups of veterans and to be United States Attorney General. (B) replacing the reference to the term home-front workers and their recognition; Mitch McConnell, Thom Tillis, John ‘‘Spanish Surname’’ with ‘‘Hispanic’’; and (E) presentation of cultural events such as Boozman, Johnny Isakson, Mike Crapo, (C) replacing the reference to the term dances, plays, and lectures; Pat Roberts, John Hoeven, Shelley ‘‘Oriental’’ with ‘‘Asian American or Pacific (F) public relations outreach through the Moore Capito, Roger F. Wicker, John Islander’’. print and electronic media, and books; and Barrasso, Joni Ernst, John Thune, (2) ADMINISTRATOR OF GENERAL SERVICES.— (G) recognition and ceremonies remem- John Cornyn, Jerry Moran, Chuck The Administrator of General Services shall bering wartime event anniversaries. Grassley, Todd Young, Richard Burr.

VerDate Sep 11 2014 02:07 Feb 13, 2019 Jkt 089060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A12FE6.010 S12FEPT1 lotter on DSKBCFDHB2PROD with SENATE