January 15, 2009 CONGRESSIONAL RECORD — SENATE S419 when you consider that during that 5 with Reid amendment No. 17, to change the The assistant legislative clerk read years, the plaintiff can diligently be enactment date. as follows: Reid amendment No. 18 (to the instruc- preparing a lawsuit while the defend- The Senator from New Mexico [Mr. BINGA- tions of the motion to commit), of a per- MAN], for himself and Ms. MURKOWSKI, pro- ant is ignorant about the very griev- fecting nature. ance itself, perhaps, and memories and Reid amendment No. 19 (to Reid amend- poses amendments en bloc numbered 23 and records fade. ment No. 18), of a perfecting nature. 24. So I think it is important, as we go The ACTING PRESIDENT pro tem- Mr. BINGAMAN. Madam President, I into this bill, that it be characterized pore. Under the previous order—the ask unanimous consent that the read- as the Trojan horse that it is. This is majority leader is recognized. ing of the amendments be dispensed just the beginning. If you eliminate the Mr. REID. I suggest the absence of a with. statute of limitations in employment quorum. The PRESIDING OFFICER (Mrs. discrimination claims, why not elimi- The ACTING PRESIDENT pro tem- MCCASKILL). Without objection, it is so nate the statute of limitations in other pore. The clerk will call the roll. ordered. claims: medical malpractice, any other The assistant legislative clerk pro- The amendments are as follows: business disputes, and the like? It is ceeded to call the roll. AMENDMENT NO. 23 just not fair, and it is not right. We Mr. REID. Mr. President, I ask unan- On page 976, strike lines 8 through 25. should not allow this bill to be rep- imous consent that the order for the On page 977, line 1, strike ‘‘(6)’’ and insert resented as a blow for women’s equal- quorum call be rescinded. ‘‘(5)’’. ity and women’s rights because it sim- The ACTING PRESIDENT pro tem- On page 977, line 3, insert ‘‘and’’ after ply is much broader and has much pore. Without objection, it is so or- ‘‘interactions;’’. more of a broader implication than dered. On page 977, line 4, strike ‘‘(7)’’ and insert Under the previous order, there shall ‘‘(6)’’. that. On page 977, line 5, strike ‘‘(6)’’ and insert I am convinced this bill is actually a be 10 minutes of debate equally divided ‘‘(5)’’. solution in search of a problem because and controlled between the Senator On page 977, line 8, strike ‘‘scales;’’ and in- it is worth noting that in fiscal year from New Mexico, Mr. BINGAMAN, and sert ‘‘scales.’’. 2007, a total of 82,000-plus people timely the Senator from Oklahoma, Mr. On page 977, strike lines 9 through 17. filed complaints of employment dis- COBURN, or their designees. On page 1275, strike lines 3 through 6. crimination with the EEOC. It is im- The Senator from New Mexico. AMENDMENT NO. 24 portant to ask what prevented Ms. Mr. BINGAMAN. Mr. President, as I Beginning on page 305, strike line 9 and all Ledbetter from doing exactly the same understand it, we now have 10 minutes that follows through page 349, line 21. thing, from filing her complaint at the equally divided to complete debate on On page 526, line 2, strike ‘‘2’’ and insert time she knew that perhaps she had a S. 22, and then there will be a vote on ‘‘5’’. passage. Is that correct? On page 526, line 7, strike ‘‘5’’ and insert grievance that could be presented to ‘‘2’’. the employer. The ACTING PRESIDENT pro tem- On page 974, line 19, insert ‘‘the Secretary So I thank you, Mr. President, for pore. The Senator is correct. of the Army, acting through’’ before ‘‘the the opportunity to speak briefly on the Mr. BINGAMAN. Mr. President, in Chief’’. bill. Assuming cloture is adopted, I just a few minutes, the Senate will On page 1188, line 19, strike ‘‘or’’ and insert hope we will be taking up Senator vote on S. 22, the Omnibus Public Land ‘‘of’’. Beginning on page 1271, strike line 3 and HUTCHISON’s alternative, which I think Management Act. The vote will cul- all that follows through page 1273, line 22, strikes the fair balance for which I minate years of work on more than 160 bills that are included in this package and insert the following: would hope we would all strive, pro- Section 107(a) tecting the rights of both those who and represents a major achievement for the protection of our Nation’s natural, The PRESIDING OFFICER. Without are victims of discrimination and the objection, the amendments are agreed companies that have to defend against cultural, and historic resources. Taken collectively, I believe the package rep- to. those claims. The amendments (Nos. 23 and 24) Mr. President, I yield the floor. resents the most significant conserva- tion legislation passed by the Senate in were agreed to. f many years. COLORADO RIVER BASIN CONCLUSION OF MORNING In addition, it will finally resolve Mr. BINGAMAN. Madam President, BUSINESS three very important, very complex the Senate is now considering the Om- water rights settlements in three dif- nibus Public Land Management Act of The ACTING PRESIDENT pro tem- ferent States ending, literally, decades 2009, S. 22, a bill that contains a num- pore. Morning business is closed. of litigation and controversy. ber of important water resource initia- f AMENDMENTS NOS. 23 AND 24, EN BLOC tives. Given the ongoing need to work DESIGNATING CERTAIN LAND AS Before concluding, I wish to take closely with the states on water re- COMPONENTS OF THE NATIONAL care of a few administrative matters. source issues, I believe it important as WILDERNESS PRESERVATION The unanimous consent agreement for chairman of the Energy and Natural SYSTEM the bill today allows for the adoption Resources Committee for myself, and of managers’ amendments if they have the new ranking member of the Com- The ACTING PRESIDENT pro tem- been cleared by the managers and lead- mittee, to acknowledge the hard work pore. Under the previous order, the ers on both sides. We have two such of representatives from the Colorado Senate shall resume consideration of S. amendments which are at the desk. I River Basin States of New Mexico, Col- 22, which the clerk will report by title. understand they have been cleared by orado, Utah, Wyoming, Arizona, Ne- The assistant legislative clerk read all my colleagues. These amendments vada, and California, in reaching agree- as follows: make a number of technical, clerical, ment regarding certain provisions in A bill (S. 22) to designate certain land as and clarifying corrections. title X, subtitle B of S. 22, which con- components of the National Wilderness Pres- At this time I ask unanimous con- tains the Northwestern New Mexico ervation System, to authorize certain pro- sent to call up those two amendments Rural Water Projects Act, hereafter re- grams and activities in the Department of ferred to as the ‘‘Act’’. the Interior and the Department of Agri- and have them considered and adopted culture, and for other purposes. en bloc, as provided for in the unani- On August 27, 2008, the Governors’ representatives on Colorado River Op- Pending: mous consent agreement. The ACTING PRESIDENT pro tem- erations sent a letter to me and Sen- Reid amendment No. 15, to change the en- pore. Without objection, it is so or- ator DOMENICI, then the ranking mem- actment date. ber of the committee, requesting cer- Reid amendment No. 16 (to Reid amend- dered. ment No. 15), of a perfecting nature. Under the previous order, the pend- tain modifications to the Northwestern Motion to commit the bill to the Com- ing amendments are withdrawn. New Mexico Rural Water Projects Act. mittee on Energy and Natural Resources, The clerk will report the managers’ These modifications, which were subse- with instructions to report back forthwith, amendments en bloc. quently incorporated, reflect the joint

VerDate Nov 24 2008 04:16 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.015 S15JAPT1 jbell on PROD1PC69 with SENATE S420 CONGRESSIONAL RECORD — SENATE January 15, 2009 consideration, input, and under- directs that Project diversions for use within delivery contract for the physical delivery and standings of the Governors’ representa- New Mexico will be accounted as part of the diversion of water via the Project from the San tives from the Basin States concerning State of New Mexico’s Upper Basin alloca- Juan River system to supply uses in the State of the act and how it relates to the inter- tion of Colorado River water. Pursuant to Arizona. the attached, recommended modifications, S. (2) ACCOUNTING OF USES IN ARIZONA.—Pur- state compacts for the Colorado River 1171/S. 3213 would also direct that Project di- suant to paragraph (1) and notwithstanding system. I want to congratulate the rep- versions for use in Arizona be accounted as any other provision of law, water may be di- resentatives on reaching agreement re- either part of the State of Arizona’s Upper verted by the Project from the San Juan River in garding what I recognize are com- Basin or Lower Basin allocation of Colorado the State of New Mexico in accordance with an plicated legal and operational issues River water, provided that any Lower Basin appropriate permit issued under New Mexico associated with the Colorado River. accounting of such water would occur only law for use in the State of Arizona within the Ms. MURKOWSKI. I join with the under specific conditions as set forth in the Navajo Reservation in the Lower Basin; pro- recommended modifications. vided that any depletion of water that results chairman of the Energy and Natural from the diversion of water by the Project from Resources Committee in congratu- The undersigned Governors’ Representa- tives consider S. 1171/ S. 3213, as modified by the San Juan River in the State of New Mexico lating the representatives of the seven the attached, recommended modifications, for uses within the State of Arizona (including depletion incidental to the diversion, impound- Colorado River Basin States on reach- which are non-precedential in nature, to ad- ing, or conveyance of water in the State of New ing agreement regarding certain provi- dress unique, critical water supply needs in Mexico for uses in the State of Arizona) shall be sions in the Northwestern New Mexico the context of Indian water rights settle- administered and accounted for as either— Rural Water Projects Act, and concur ments that involve the diversion of water (A) a part of, and charged against, the avail- in the request for unanimous consent from the Upper Colorado River Basin for use able consumptive use apportionment made to the that the August 27, 2008, letter be made in the Lower Colorado River Basin, and sup- State of Arizona by Article III(a) of the Compact port such diversions as reflected in our rec- a part of the RECORD relating to the and to the Upper Basin by Article 111(a) of the ommended modifications to the legislation. consideration of S. 22. Colorado River Compact, in which case any Herbert R. Guenther, Director, Arizona water so diverted by the Project into the Lower Mr. BINGAMAN. Madam President, I Department of Water Resources; Patri- ask unanimous consent that the Au- Basin for use within the State of Arizona shall cia Mulroy, General Manager, South- not be credited as water reaching Lee Ferry pur- gust 27, 2008, letter be printed in the ern Nevada Water Authority; Dana B. suant to Article III(c) and III(d) of the Colorado RECORD. Fisher, Jr., Chairman, Colorado River River Compact; There being no objection, the mate- Board of California; George Caan, P.E., or rial was ordered to be printed in the Executive Director, Colorado River (B) a part of, and charged against, the con- RECORD, as follows: Commission of Nevada; Gerald R. Zim- sumptive use apportionment made to the Lower merman, Executive Director, Colorado Basin by Article III(a) of the Colorado River AUGUST 27, 2008. River Board of California; Jennifer Compact, in which case it shall— Hon. JEFF BINGAMAN, Gimbel, Director, Colorado Water Con- (i) be a part of the Colorado River water that U.S. Senator, Committee Chairman, Energy and servation Board; John R. D’Antonio, is apportioned to the State of Arizona in Article Natural Resources Committee, Hart Senate Jr., New Mexico State Engineer, Gov- II(B) of the Consolidated Decree of the Supreme Office Building, Washington, DC. ernor’s Representative; Dennis J. Court of the United States in Arizona v. Cali- Hon. PETE DOMENICI, Strong, Director, Utah Division of fornia (547 U.S. 150 as may be amended or sup- U.S. Senator, Ranking Member, Energy and Water Resources, Utah Interstate plemented); Natural Resources Committee, Hart Office (ii) be credited as water reaching Lee Ferry Stream Commissioner; Patrick T. Building, Washington, DC. pursuant to Article III(c) and III(d) of the Colo- Tyrrell, Wyoming State Engineer, Gov- DEAR SENATOR BINGAMAN AND SENATOR rado River Compact; and ernor’s Representative. DOMENICI: In recent years, the seven Colo- (iii) be accounted as the water identified in rado River Basin States, (‘‘Basin States’’), THE COLORADO RIVER BASIN STATES’ PRO- Section 104(a)(1)(B)(ii) of the Arizona Water have, through extensive interstate consulta- POSED MODIFICATIONS TO S. 1171, THE Settlements Act, (118 Stat. 3478); tion, taken steps and forged agreements de- NORTHWESTERN NEW MEXICO RURAL WATER (C) However, no water diverted by the Project signed to ensure that use and management of PROJECTS ACT shall be accounted for pursuant to subpara- the Colorado River System continues to 1. Proposed new definition of Colorado graph (B) until such time that: meet existing and future demands in a man- River Compact in Section 2—( )COLORADO (i) the Secretary has developed and, as nec- ner that respects and protects the interests, RIVER COMPACT.—The term ‘‘Colorado River essary and appropriate, modified, in consulta- rights, claims and privileges of each of the Compact’’ means the Colorado River Compact of tion with the Upper Colorado River Commission seven states. Along those lines, enclosed are 1922 as approved by Congress in the Act of De- and the Governors’ Representatives on Colorado River Operations from each State signatory to the Basin States’ recommended modifica- cember 21, 1928 (45 Stat. 1057) and by the Presi- the Colorado River Compact, all operational and tions to S. 1171, the Northwestern New Mex- dential Proclamation of June 25, 1929 (46 Stat. decisional criteria, policies, contracts, guidelines ico Rural Water Project Act, as reported by 3000). or other documents that control the operations the Senate Energy and Natural Resources 2. Proposed new definition of Colorado of the Colorado River System reservoirs and di- Committee on June 25, 2008, and consolidated River System in Section 2—( )COLORADO version works, so as to adjust, account for, and into S. 3213, the Omnibus Public Land Man- RIVER SYSTEM—The term ‘‘Colorado River offset the diversion of water apportioned to the agement Act as Title X, Subtitle B. The un- System’’ has the same meaning given the term in State of Arizona, pursuant to the Boulder Can- dersigned Governors’ Representatives on Col- Article II(a) of the Colorado River Compact. yon Project Act (43 U.S.C. 617 et seq.), from a orado River Operations request that Con- 3. Proposed new definition of Lower Basin point of diversion on the San Juan River in New gress adopt proposed modifications to S. 1171/ in Section 2—( ) THE LOWER BASIN—The Mexico; provided that all such modifications S. 3213 in a form substantially consistent term ‘‘Lower Basin’’ has the same meaning shall be consistent with the provisions of this with the attached language, and that the given the term in Article I1(g) of the Colorado Section, and the modifications made pursuant to Congressional legislative history of S. 1171/S. River Compact. this clause shall be applicable only for the dura- 3213 specifically reflect and reference the 4. Proposed new definition of Upper Basin tion of any such diversions pursuant to Section joint consideration, input and consensus in Section 2—( ) THE UPPER BASIN—The 303(c)(2)(B); and from the Basin States as provided herein. term ‘‘Upper Basin’’ has the same meaning (ii) Article II(B) of the Decree of the Supreme S. 1171/S. 3213 provides Congressional ap- given the term in Article 11(f) of the Colorado Court of the United States in Arizona v. Cali- proval of a settlement of the Navajo Nation’s River Compact. fornia (547 U.S. 150 as may be amended or sup- claims to water rights in the San Juan River 5. See below for proposed modifications to plemented) is administered so that diversions Basin in New Mexico that will authorize di- Section 303. * * * from the main stream for the Central Arizona version and distribution of San Juan River 303(c) Conditions for Use in Arizona.— Project, as served under existing contracts with water through the Navajo-Gallup Water Sup- (1) REQUIREMENTs.—Project water shall not the United States by diversion works heretofore ply Project to Navajo and non-Navajo com- be delivered for use by any community of the constructed, shall be limited and reduced to off- munities in the Upper Colorado River Basin, Nation located in the State of Arizona under set any diversions made pursuant to Section the Lower Colorado River Basin and the Rio subsection (b)(2)(D) until— 303(c)(2)(B) of this Act. This clause shall not af- Grande Basin within New Mexico. Contin- (A) the Nation and the State of Arizona fect, in any manner, the amount of water ap- gent upon enactment of federal legislation have entered into a water rights settlement portioned to Arizona pursuant to the Boulder approving a water rights settlement between agreement approved by an Act of Congress Canyon Project Act (43 U.S.C. 617 et seq.), or the State of Arizona and the Navajo Nation, that settles and waives the Nation’s claims amend any provisions of said decree or the Colo- S. 1171/S. 3213 also authorizes the diversion of to water in the Lower Basin and the Little rado River Basin Project Act (43 U.S.C. 1501 et. up to 6,411 acre-feet of water by the Project Colorado River Basin in the State of Ari- seq.). from the San Juan River in New Mexico in zona, including those of the United States on (3) UPPER BASIN PROTECTIONS. the Upper Colorado River Basin for delivery its behalf; and (A)—Consultations.—Henceforth, in any con- to the Navajo reservation in Arizona in the (B) the Secretary and the Navajo Nation have sultation pursuant to 16 U.S.C. 1536(a) with re- Lower Colorado River Basin. S. 1171/S. 3213 entered into a Navajo Reservoir water supply spect to water development in the San Juan

VerDate Nov 24 2008 04:16 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.014 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S421 River Basin, the Secretary shall, consistent with volved and we have faced some unique in Larimer and Weld Counties in north- the provisions of Section 5 of the ‘‘Principles for challenges. But ultimately, and with ern Colorado. WSSC owns, operates and Conducting Endangered Species Act Section 7 the chairman’s assistance, we have maintains 11 reservoirs and 7 ditch sys- Consultations on Water Development and Water worked through a number of issues to tems, including the Grand River Ditch. Management Activities Affecting Endangered Fish Species in the San Juan River Basin’’ as our mutual satisfaction in order to WSSC’s system of ditches, canals and adopted by the Coordination Committee, San pass a bill that is good for all Colo- laterals is more than 100 miles in total Juan River Basin Recovery Implementation Pro- radans. length and provides approximately gram, on June 19, 2001, and as may be amended One of those challenges has been our 60,000 acre-feet of water annually to 173 or modified, confer with the States of Colorado effort to protect the operation and shareholders. The Grand River Ditch is and New Mexico. maintenance of the Alva B. Adams an integral component of WSSC’s sys- (B)—Preservation of Existing Rights.—Rights Tunnel which is the critical component tem. WSSC holds a right-of-way for the to the consumptive use of water available to the of the Colorado-Big Thompson Rec- Upper Basin from the Colorado River System Grand River Ditch under the Irrigation under the Colorado River Compact and the lamation Project. The Adams tunnel or General Right of Way Act of March Compact shall not be reduced or prejudiced by was authorized in 1915 by Congress and 3, 1891—1891 Act—codified at 43 U.S.C §§ any use of water pursuant to Subsection 303(c). later constructed within the park and 946–49. Nothing in this Act shall be construed so as to has delivered water from the Colorado The Rocky Mountain National Park impair, conflict with, or otherwise change the River drainage to Colorado’s north Wilderness Act itself should not cause duties and powers of the Upper Colorado River eastern communities for decades. any change in land use, land manage- Commission. I appreciate the Chairman working ment, or water rights within Rocky 303(h) NO PRECEDENT.—Nothing in this Act with us on protecting this facility that shall be construed as authorizing or establishing Mountain National Park. Towards this a precedent for any type of transfer of Colorado provides water to hundreds of thou- end, section 1953(e) is intended to clar- River System water between the Upper Basin sands of people in Colorado. With his ify that neither the Grand River Ditch and Lower Basin. Nor shall anything in this Act help, we included within section 1953(d) nor its right-of-way will be adversely be construed as expanding the Secretary’s au- a provision that ensures that nothing affected if the end use of water diverted thority in the Upper Basin. in the subtitle, including the designa- by the Grand River Ditch is for munic- 303(i) UNIQUE SITUATION.—Diversions by the tion of wilderness, ‘‘prohibits or affects Project consistent with this Section address crit- ipal purposes as opposed to irrigated current and future operation and main- agriculture. The Grand River Ditch di- ical tribal and non-Indian water supply needs tenance activities . . . that were al- under unique circumstances, which include, verts water high in the Colorado moun- among other things: lowed as of the date of enactment . . . tains and transports it some 50 miles (A) the intent to benefit an American Indian under the Act of January 26, 1915 (16 downstream to its location of use. At tribe; U.S.C. 191), relating to the Alva B. present, all of the water is used for ag- (B) the Navajo Nation’s location in both the Adams Tunnel or other Colorado-Big ricultural irrigation; however, a por- Upper and Lower Basin; Thompson Project facilities located (C) the intent to address critical Indian water tion of WSSC’s stock is owned by Colo- within the Park.’’ rado municipalities and Grand River needs in the State of Arizona and Indian and The bill also includes in section non-Indian water needs in the State of New Ditch water will be used for this pur- Mexico, 1953(g) an additional savings clause, pose in the future. No matter what the (D) the location of the Navajo Nation’s capital which ensures that the Secretary of end use is, the existence of the Grand city of Window Rock in the State of Arizona in the Interior’s authority to manage River Ditch in RMNP imposes the same close proximity to the border of he State of New lands and resources within the park is burden on the park. In other words, Mexico and the pipeline route for the Project; not diminished. It is my understanding (E) the lack of other reasonable options avail- there is no difference in land use, land that this type of general savings clause management or water rights in the able for developing a firm, sustainable supply of does not undermine or contradict the municipal water for the Navajo Nation at Win- park, whether the end use of water is dow Rock in the State of Arizona; and more specific provisions included in agricultural irrigation or municipal (F) the limited volume of water to be diverted section 1953(d) of the subtitle. That is, use. the savings clause included as section by the Project to supply municipal uses in the In 1921, the Supreme Court approved Window Rock area in the State of Arizona. 1953(g) does not alter or affect the pro- forfeiture of a right-of-way that had 303(j) CONSENSUS.—Congress notes the con- visions in section 1953(d), which make never been used for its authorized pur- sensus of the Governors’ Representatives on Col- clear that the designation of the park pose of irrigation, but instead was used orado River Operations of the States that are as wilderness is not meant to affect the signatory to the Colorado River Compact re- for developing electric power. See Kern current and future operation and main- garding the diversions authorized for the Project River Co. v. United States, 257 U.S. 147, tenance activities for the tunnel nor to under this Section. 1921. The case is distinguishable on sev- prohibit or restrict the conveyance of 303(k) EFFICIENT USE.—The diversions and eral grounds from the Grand River uses authorized for the Project under this Sec- water through the Alva B. Adams Tun- Ditch, but the purpose of Section 1953 tion represent unique and efficient uses of Colo- nel for any purpose. rado River apportionments in a manner that Am I correct in my understanding of (e) is to avoid any attempt to apply a Congress has determined would be consistent section 1953(g)? Kern River-type theory to the Grand with the obligations of the United States to the Mr. BINGAMAN. The Senator from River Ditch. Over 20 years ago the U.S. Navajo Nation. Colorado is correct. Department of Agriculture recognized ALVA B. ADAMS TUNNEL AND GRAND RIVER Mr. SALAZAR. I thank the Chair- this point when it said: ‘‘The end use of DITCH man. water off the Federal lands, as it may Mr. SALAZAR. Madam President, I As with any wilderness legislation in change over time, casts no greater bur- commend the chairman and ranking a headwaters State, the water rights den on the Federal property to carry member of the Energy and Natural Re- language in the Rocky Mountain Na- the water to its place of use.’’ See let- sources Committee for their diligent tional Park wilderness bill proved to be ter dated October 1, 1986, from Douglas work on this package, which contains the most challenging. This legislation W. MacCleery, Deputy Assistant Sec- several bills that I have championed strikes a good balance between protec- retary for Natural Resources and Envi- for Colorado. I particularly wish to tion of park wilderness resources and ronment, Department of Agriculture, thank my colleague and friend, Chair- protection of existing water rights, to Malcomb Wallop of the United man BINGAMAN, and his staff, for his ditch rights-of-way, and water infra- States Senate, included in the legisla- work and cooperation on the Rocky structure, some of which predate the tive history of Public Law 99–545. Mountain National Park Wilderness existence of the park. Conversion of agricultural water to and Indian Peaks Wilderness Expansion The Water Supply and Storage Com- municipal purposes is commonplace in Act, which is included in subtitle N of pany—WSSC—owns and operates the Colorado, and the Grand River Ditch is title I of S. 22, and which is critical to Grand River Ditch, which is a water no exception. In a mutual ditch com- preserving some of the Nation’s most supply ditch located in the Never Sum- pany such as WSSC, ownership of stock beautiful and critical wilderness lands. mer Range in RMNP. The Grand River represents a pro rata share of owner- This has been a long road to reach Ditch provides irrigation water to ap- ship in the water rights of the com- agreement with all constituencies in- proximately 40,000 acres of land located pany. The language of section 1953(e)

VerDate Nov 24 2008 04:16 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.020 S15JAPT1 jbell on PROD1PC69 with SENATE S422 CONGRESSIONAL RECORD — SENATE January 15, 2009 ensures that WSSC and the right-of- agement Act of 2009, S. 22. While I op- System, allowing these two trails and way of the Grand River Ditch will not pose two provisions in the bill, there seven others to benefit from this com- be adversely affected by the change in are many other provisions that I sup- monsense policy. end use of GRD water. port. Section 7116 of the bill also makes a The language of section 1953(e), ‘‘pri- Yesterday I voted to oppose bringing technical correction to the name of the marily for domestic purposes or any an end to debate on the bill since the wilderness area in the Apostle Islands, purpose of a public nature,’’ was not majority leader used a procedural tac- now to be called the Gaylord Nelson lightly chosen. It was taken directly tic to prevent Senators from offering Wilderness. Removing the ‘‘A’’ from from the act of May 11, 1898, which—in amendments. I had hoped that cloture the former name—Gaylord A. Nelson the words of the great Justice Van would be defeated so that we could Wilderness—is supported by the Na- Devanter, who is considered the most reach agreement to allow a few amend- tional Park Service and Nelson’s fam- knowledgeable authority on public ments. ily. Though this ia a small change, I do land law to ever sit on the Supreme One such amendment was one I co- want to take the opportunity to again Court—‘‘permit[ted] rights of way ob- sponsored to strike a troublesome pro- express my deep respect for the former tained under the Act of 1891 [like the vision that would authorize the trans- U.S. Senator and Wisconsin Governor Grand River Ditch], the use of which fer of Federal land in Alaska’s Izembek and my support for the Apostle Islands was restricted to irrigation, to be also National Wildlife Refuge—a designated National Lakeshore and the Gaylord used for the other purposes named in wilderness area and internationally Nelson Wilderness. In August 2005, I the section,’’ namely ‘‘purposes of a recognized Ramsar site—so that a road was deeply honored to participate in a public nature’’ and ‘‘domestic pur- could be built. The road is purportedly ceremony marking the creation of the poses.’’ See Kern River Co. v. U.S., 257 to allow travel between two Alaskan Gaylord Nelson Wilderness and hon- U.S. 147, 152–153, 1921. After more than communities in cases of medical emer- oring the remarkable life of Gaylord a century, the terms ‘‘purposes of a gencies. However, Congress has already Nelson, father of Earth Day. I worked public nature’’ and ‘‘domestic pur- appropriated more than $36 million to with Representative OBEY to obtain the poses’’ seem to be fairly well under- provide a hovercraft, which I am told wilderness designation for 80 percent of stood. The phrases ‘‘purposes of a pub- crosses Cold Bay in about 20 minutes the Apostle Islands, but it was Gaylord lic nature’’ and ‘‘domestic purposes’’ and to date has met every medical who was so essential in the effort to are especially broad, and include mu- evacuation need in all weather condi- recognize the Apostle Islands as a na- nicipal uses following delivery, by a po- tions, over 30. The road, on the other tional treasure and establish the na- table water provider, through the hand, would need to avoid the numer- tional lakeshore. Grand River Ditch or by means of an- ous ponds and priority wetland areas— Mr. LEVIN. Madam President, pas- other conveyance structure. We have taking 1 to 2 hours to drive—and would sage of the Omnibus Public Land Man- agreed to exempt the Grand River not provide safer, faster, or more cost- agement Act of 2009 would wrap up one Ditch from any restriction that condi- effective transportation than the of the major pieces of unfinished busi- tions the existence of the right-of-way hovercraft. ness from last year. The majority lead- on agricultural uses and instead to Another provision that troubles me er promised he would take up this leg- allow them to make ‘‘purposes of a was considered by neither the House islation early in 2009, and indeed he public nature’’ or ‘‘domestic purposes’’ nor the Senate Energy and Natural Re- has. The omnibus public land bill in- the sole or predominate purpose. sources Committee, a prerequisite for cludes four provisions that will di- The Grand River Ditch ‘‘right of way all the other public lands bills in the rectly benefit Michigan by preserving . . . was granted on an implied condi- package. The Washington County, UT, precious natural resources and improv- tion that it should revert to the United provision was air-dropped into this leg- ing our parks and trails. States in the event the grantee ceased islation. It is unfortunate that the wil- The lands bill includes legislation I to use or retain it for the purpose indi- derness designations in the provision authored that would authorize the Fed- cated in the [1891 and 1898] statutes. fall well short of the wilderness-quality eral Government to purchase land from That purpose—the main and control- land in the county that should be pro- willing sellers for the North Country ling one—was irrigation.’’ See Kern tected. This public lands bill only pro- National Scenic Trail. The North Coun- River Co. v. U.S., 257 U.S. 147, 154 (1921). poses to designate 44 percent of what is try Trail will be the Nation’s longest In the future, the water transported in included in the America’s Red Rock hiking trail, traversing seven States the ditch will be increasingly used for Wilderness Act, which I have been including Michigan, which has the water supply and municipal purposes, pleased to join Senator DURBIN in sup- longest trail segment of 1,150 miles. not irrigation. This transition may porting. Furthermore, this public lands The Federal Government has land ac- eventually ‘‘entitle[] the United States package omits a wilderness unit, Dry quisition authority for the majority of to assert and enforce a forfeiture of the Creek, that Senator BENNETT has pre- its national scenic and historic trails, grant. . . .’’ 257 U.S. at 154. To address viously agreed to protect in his Wash- but for no good reason this authority this concern, we have agreed to state ington County Growth and Conserva- has not been available for the North in the bill that ‘‘the right of way . . . tion Act of 2008, S. 2834. Country Trail. Willing sellers should shall not be terminated, forfeited, or There are two provisions in the pub- have the right to sell portions of their otherwise affected as a result’’ of the lic lands bill that will impact Wis- land, or grant easements for trail users change in purpose, ‘‘unless the Sec- consin. The first is Section 5301, the across their land, should they choose retary determines that the change in ‘‘National Trails System Willing Seller to do so, and if it is in the public inter- main purpose or use adversely affects Authority.’’ This section is based on a est. This provision will allow for the the park.’’ If the Secretary, in his dis- bill I cosponsored in the 110th Con- eventual completion of the North cretion, makes that determination, he gress, S. 169, and will allow the Federal Country Trail, giving more users the would then have to assert and enforce Government to purchase lands from opportunity to enjoy scenic hiking in a forfeiture of the grant in court. willing sellers for two important trails Michigan as well as the six other Mr. BINGAMAN. Madam President, I in Wisconsin: the North Country Na- States along the planned route. For concur in the statements made by the tional Scenic Trail and the Ice Age Na- nearly 10 years, I have been working on Senator from Colorado and thank him tional Scenic Trail. I would like to ac- this willing seller authority, and I am for working carefully with me and my knowledge the efforts by the Ice Age delighted that Congress has finally ap- staff to resolve these issues in a way Park and Trail Foundation, North proved this important legislation. that will ensure protection of park re- Country Trail Association, Partnership The omnibus lands bill also includes sources and provide for the continued for the National Trail System, and the legislation I sponsored last Congress to operation of the Grand River Ditch and Conservation Fund to help the Na- improve the Keweenaw National His- the Colorado-Big Thompson Projects. tional Park Service complete these torical Park, located in Michigan’s Mr. FEINGOLD. Madam President, trails. This provision will establish Upper Peninsula. By removing overly today I will vote to support final pas- willing seller authority as a uniform restrictive property acquisition re- sage of the Omnibus Public Land Man- policy for the entire National Trail quirements, changing unfair matching

VerDate Nov 24 2008 04:16 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.037 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S423 requirements for Federal funds, and in- tlefield sites were the place of horrific new sources of minerals, drugs, habi- creasing the authorized level of funds events; yet these events became a turn- tats, species, artifacts, and shipwrecks. to be appropriated for the park, we can ing point that spurred our troops to fu- The Ocean and Coastal Mapping Inte- improve the visitors’ experience. Es- ture victories, protected our lands, and gration Act included in S. 22 would in- tablished in 1992, this unique park is a culminated in a celebration of Amer- tegrate Federal and coastal mapping partnership with nearly 20 independ- ica’s ‘‘Second War of Independence.’’ activities throughout the U.S. Exclu- ently operated heritage sites, and pre- With the approaching 200th anniver- sive Economic Zone. Approximately 90 serves and interprets the incredible sary of the War of 1812, I am pleased percent of our Nation’s maritime terri- story of the copper rush in Michigan’s that the Senate has this legislation be- tory remains unmapped by modern Keweenaw Peninsula during the Indus- fore it, and I look forward to the bill technology. Improved mapping of our trial Revolution. I am pleased that this becoming law in time for this national Nation’s coastal and ocean waters will legislation is finally being acted upon celebration. increase our understanding of the ma- so the park can more fully carry out Mr. INOUYE. Madam President, S. rine environment, thereby increasing its statutory mission to preserve and 22, the Omnibus Public Land Manage- the safety of navigation in our mari- bring to life the vibrant history of ment Act, includes five bills vital for time domain, supporting national secu- Michigan’s ‘‘copper country’’—an es- increasing our Nation’s understanding rity missions of the U.S. Navy and sential part of the Nation’s history of of our oceans, Great Lakes, and coastal Coast Guard, and allowing for better industrial and technological develop- areas. The ocean bills included in this management of marine ecosystems and ment, immigration, labor relations, package are all strong bipartisan resources. This bill also has a long- and natural resources, and a key com- pieces of legislation that were favor- standing history of broad bipartisan ponent to the economic revitalization ably reported by the Senate Commerce support in both the Senate and House. of this area. Committee in the 110th Congress and The Integrated Coastal and Ocean The omnibus lands bill also provides passed the House of Representatives. important protections for 12,000 acres The oceans cover two-thirds of our Observation System Act would build on within the Pictured Rocks National planet, yet we know little about what current regional systems to establish a Lakeshore, located in Michigan’s Upper lies beneath them or how the changing national integrated ocean, Great Peninsula along the south shore of ma- climate is affecting marine resources. Lakes, and coastal observing system to jestic Lake Superior. I introduced this Millions of Americans depend directly collect, compile, and make available wilderness bill during the last Con- and indirectly on healthy and bountiful data to support marine commerce; gress, and I am pleased that one of the oceans. In 2007, our Nation’s coastal weather, climate, and marine fore- first actions the Senate has taken this economies contributed nearly 50 per- casting; energy siting and production; year is to pass this bill, which would cent, or $6.7 trillion, to the national navigation; ecosystem-based resource protect the Beaver Basin for future gross domestic product. management; and public safety. The generations, while ensuring continued While our Nation relies on our ocean, legislation passed the Senate by unani- public enjoyment of the land. The Bea- Great Lakes, and coastal resources, mous consent in both the 108th and ver Basin wilderness comprises about tremendous gaps exist in our knowl- 109th Congresses. During the 110th Con- 12,000 acres, or 16 percent, of Pictured edge of these ecosystems. The Senate gress, the legislation passed the House Rocks National Lakeshore, and was Commerce Committee provisions in- and was reported favorably by the Sen- proposed after 5 years of careful plan- cluded in S. 22 will strengthen and im- ate Commerce Committee. ning and extensive public consultation. prove our marine, coastal, and sci- The Federal Ocean Acidification Re- The wilderness designation is respon- entific programs, and will help us make search and Monitoring Act in S. 22 sive to many of the concerns expressed the best possible decisions about how mandates that steps be taken to under- by citizens and ensures its continued to manage, conserve, and protect these stand and address climate change and recreational use. The access road to valuable resources. its impacts on our oceans, a much the lakes and campground are not in- The Ocean Exploration and National needed and important action. Over the cluded in the wilderness designation, so Oceanic and Atmospheric Administra- past 200 years, human activities have vehicles would still have access to this tion, NOAA, Undersea Research Pro- resulted in dramatic increases in popular recreation area. Also, all gram Act, included in this package, greenhouse gases that are altering the motor boats would still be able to ac- will give us a better understanding of Earth’s climate. The oceans mitigate cess the miles of the Lake Superior our marine ecosystems and resources. the effects of global warming by ab- shoreline, as the wilderness area does This legislation reflects a long history sorbing approximately half of all this not include the Lake Superior surface of bipartisan collaboration in the Sen- atmospheric carbon dioxide. However, water. In addition, boats using electric ate. It passed the Senate by unanimous as the oceans absorb more carbon diox- motors would still be allowed on Little consent in the both the 108th and 109th ide, their chemistry is changing and Beaver and Beaver Lakes within the Congresses and was reported favorably the oceans are becoming more acidic. wilderness area. The Beaver Basin area in the 110th Congress by the Commerce The Federal Ocean Acidification Re- has been managed as a backcountry Committee. The provision establishes search and Monitoring Act would es- and wilderness area since 1981, and this an interdisciplinary ocean exploration tablish an interagency committee to wilderness designation will ensure that program to gather observations and develop a strategic research plan on the valuable habitat and pristine nat- data from areas in the ocean we have ocean acidification and establish an ural features of the region remain the previously been unable to explore. In ocean acidification program within treasure they are today. addition, this legislation would help NOAA to conduct research and long- Finally, the omnibus lands bill in- strengthen and coordinate NOAA’s Na- term monitoring on our acidifying cludes legislation that I sponsored in tional Undersea Research Program. oceans and to develop adaptation strat- the Senate last year as a companion The National Undersea Research Pro- egies and techniques for conserving bill to Representative DINGELL’s legis- gram seeks to increase scientific marine ecosystems. This legislation lation in the House of Representatives, knowledge for the management, use, represents a bipartisan effort to pro- which would designate land in Monroe and preservation of ocean, Great mote climate change research and ad- and Wayne County, MI, related to the Lakes, and coastal resources through aptation activities. The bill was re- battles of the River Raisin fought dur- undersea research, exploration, edu- ported favorably by the Senate Com- ing the War of 1812 as a unit of the Na- cation, and technology development. merce Committee and passed the House tional Park System. While there are These essential activities are impera- in the 110th Congress. currently eight War of 1812 battlefield tive given that approximately 95 per- The final oceans bill included in S. 22 sites that are in the National Park cent of the ocean floor remains unex- is the Coastal and Estuarine Land Con- System, none of these sites are located plored. Ocean exploration and undersea servation Program Act. As the U.S. in areas that were once considered the research provides unprecedented oppor- population grows and more people ‘‘Northwest,’’ a key strategic front in tunities to discover items of natural, move to the coasts, our coastal lands the War of 1812. The River Raisin bat- cultural, and economic value including and ecosystems are threatened by

VerDate Nov 24 2008 02:58 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.008 S15JAPT1 jbell on PROD1PC69 with SENATE S424 CONGRESSIONAL RECORD — SENATE January 15, 2009 unsustainable development. This legis- pered by our limited scientific research ty. This legislation represents an ac- lation authorizes NOAA to award com- and understanding of our Exclusive knowledgement of our need as a coun- petitive grants to coastal States, in- Economic Zone. That is irresponsible try to improve our ability to measure, cluding the Great Lakes, to protect and must change. The five ocean bills track, explain, and predict events re- coastal and estuarine areas which have included in this legislation will author- lated to weather and climate change. It significant conservation, recreation, ize programs necessary to increase our represents a consensus that our under- ecological, historic, or watershed pro- Nation’s understanding about ocean standing of natural climate variability tection value and are threatened by and coastal areas, which in turn will and interactions between ocean and at- conversion to other uses. enable us to make the best possible de- mospheric environments needs As chairman of the Commerce Com- cisions about how to manage, preserve, strengthening and improvement. Infor- mittee during the 110th Congress, I was and protect our oceans and their living mation generated by the Integrated pleased to favorably report these im- marine resources for current and fu- Coastal and Ocean Observation System portant ocean policy bills. Unfortu- ture generations would assist in providing advanced nately, we were unable to pass these The Ocean and Coastal Exploration warning of hazardous coastal and ocean bills last Congress. I am glad that the and National Oceanic and Atmospheric conditions to State managers and po- Senate is considering their passage as Administration Act is critical to our tentially affected communities and one of the first major pieces of legisla- ability to gather observations and data could help coastal communities pre- tion in the 111th Congress. Our oceans, from areas in the ocean that have pare for and minimize losses for a Great Lakes, and coasts provide many never been explored. The legislation range of potentially harmful ocean environmental and economic benefits would establish a national ocean explo- conditions. Additionally, this Inte- to our Nation, and their conservation ration program within the National grated Coastal and Ocean Observation must be one of our highest national Oceanic and Atmospheric Administra- System has the potential to provide priorities. tion, which would conduct inter- economic and ecological benefits for Mr. ROCKEFELLER. Madam Presi- disciplinary ocean exploration voyages other coastal and ocean activities. For dent, today the Senate will pass a com- to explore and survey little known example, fisheries scientists and man- prehensive public lands bill that will areas of the marine environment and agers could use the data to predict bio- protect our Nation’s public lands and inventory, observe, and assess living logical productivity which would facili- conserve our planet’s oceans. I thank and nonliving marine resources. In ad- tate ecosystem-based management. the majority leader and Senator BINGA- dition, this legislation would establish Fishermen and mariners could better MAN for including important bills from a coordinated national undersea re- predict sea conditions for safe naviga- the Committee on Commerce, Science, search program, which would increase tion and transport. Ocean scientists and Transportation in this package. I scientific knowledge for the manage- and regulators could better under- commend Senators INOUYE, STEVENS, ment, use, and preservation of oceanic, stand, predict, and rapidly respond to CANTWELL, SNOWE, LAUTENBERG, and coastal, and Great Lakes resources the distribution and impacts of marine GREGG for their leadership in drafting through undersea research, explo- pollution, harmful algal blooms, or these bills. Senator INOUYE, in par- ration, education, and technology de- other hazardous conditions. Educators ticular, has aggressively advocated for velopment. and students could learn more about improved stewardship of our oceans These activities are vital given that basic functions and processes of the and this package reflects his careful approximately 95 percent of the ocean marine environment. work as chairman of the Commerce floor remains unexplored. Increasing Increasing carbon dioxide absorption Committee which has jurisdiction over our knowledge of our oceans through in our oceans is acidifying waters and our Nation’s oceans. As the incoming exploration and undersea research pro- could be threatening the foundation of chair of the Commerce Committee, I vides unprecedented opportunities to the ocean’s food web. The Federal will continue to work closely with my discover new sources of minerals, Ocean Acidification Research and Mon- dear friend and mentor Senator INOUYE drugs, habitats, species, artifacts, and itoring Act highlights the need for ac- on these issues. And I look forward to shipwrecks. Expeditions could provide tion to be taken to understand and collaborating closely with him on images of ancient human artifacts, confront climate change and its im- oceans policy and other areas in the rare or previously undiscovered spe- pacts on our oceans by authorizing a committee’s jurisdiction that are par- cies, and exciting new ecosystems. coordinated Federal research program ticularly critical to the Hawaiian Is- The Ocean and Coastal Mapping Act on ocean acidification. Over the past lands. Our colleagues should know that would direct the Federal Government 200 years, human activities have re- the ocean and coastal bills included in to integrate Federal and coastal map- sulted in dramatic increases in green- the Consolidated Natural Resources ping activities throughout the U.S. Ex- house gases that are altering the Act enjoy broad bipartisan and na- clusive Economic Zone. Approximately Earth’s climate. The oceans mitigate tional support because they are sorely 90 percent of our Nation’s maritime the effects of global warming by ab- needed and important to our Nation’s territory remains unmapped by modern sorbing atmospheric carbon dioxide, environmental and economic future. technology. Improving our mapping ac- which is changing ocean carbon chem- The Federal Government owns nearly tivities, the promotion of the develop- istry and causing the oceans to become 653 million acres of land in the United ment and dissemination of new tech- more acidic. There is significant con- States. As the owner of these lands, the nologies, and the coordination of ef- cern among the scientific community, Federal Government has a responsi- forts across the 10 federal agencies cur- resource managers, and policymakers bility to protect this land for current rently involved in marine mapping are that ocean acidification could ad- and future generations. Likewise, and essential. Better mapping of these wa- versely impact our Nation’s marine as importantly, the Federal Govern- ters will help to minimize maritime ac- ecosystems, the food webs of many fish ment has an equal responsibility to cidents, support the national security and marine mammals, and the econo- protect and manage our Nation’s ma- missions of the U.S. Navy and U.S. mies of many coastal States that rely rine and coastal resources. The oceans Coast Guard, and improve our knowl- upon the seafood industry and coastal cover over two-thirds of our planet, yet edge of ocean and coastal ecosystems. and ocean tourism. The Federal Ocean we know little about what lies beneath The Integrated Coastal and Ocean Acidification Research and Monitoring or how the changing climate is affect- Observation System Act would estab- Act would establish an interagency ing marine resources. The United lish a national integrated ocean, coast- committee, chaired by the National States’ Exclusive Economic Zone, cov- al, and Great Lakes observing system Oceanic and Atmospheric Administra- ers 3.4 million square miles of the that would collect, compile, and make tion, to develop and provide Congress Earth’s surface, an area greater than available data to support marine com- with a strategic research plan on ocean the whole United States. Unfortu- merce; navigation safety; weather, cli- acidification. Additionally, it vests the nately, our efforts to sustainably man- mate and marine forecasting; energy authority within the National Oceanic age and conserve these submerged siting and production; ecosystem-based and Atmospheric Administration to es- lands and living resources are ham- resource management; and public safe- tablish an ocean acidification program

VerDate Nov 24 2008 04:16 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.009 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S425 within the agency to conduct research are very fortunate to have a very dedi- moving it through the legislative proc- and long-term monitoring, education cated and experienced professional ess. We would not have been able to and outreach, and development of ad- staff. They service the committee and pass the bill without their hard work aptation strategies and techniques for the Senate well. They deserve our and their professionalism. I wish to conserving marine ecosystems. thanks. thank each and every one of them for The Coastal and Estuarine Land Con- On the Democratic staff of the com- their good work. servation Program Act would authorize mittee, I would like to thank the com- Mr. AKAKA. Madam President, today the Secretary of Commerce, through mittee’s staff director, Bob Simon, and I rise to express my support for S. 22, the National Oceanic and Atmospheric chief counsel, Sam Fowler, for all of the Omnibus Public Land Management Administration, to make grants to their work on this legislation, as on all Act of 2009. I commend Chairman coastal States for the purposes of pro- the legislation that comes through our BINGAMAN and former Ranking Member tecting important coastal and estua- committee. I would also like to thank Domenici of the Senate Committee on rine areas that have significant con- senior counsel Patty Beneke; counsel Energy and Natural Resources for their servation, recreation, ecological, his- Mike Connor, who worked on all of the leadership and their staff for their torical, or aesthetic values, or that are water issues included in the bill; coun- dedication during the previous Con- threatened by conversion from their sels David Brooks, Kira Finkler, and gress to move this important legisla- natural, undeveloped, or recreational Scott Miller, who coordinated all of the tion forward. While we were unable to state to other uses, and it provides park and public lands bills; profes- vote on this package last year, it is grants for lands to be managed or re- sional staff members Jorge Silva- time that we pass these bills. During stored to effectively conserve, improve, Banuelos, who worked very hard on these times of economic downturn, our or restore ecological function. Estu- many of the New Mexico land bills; and national parks and public lands are aries, wetlands, and the watersheds Jonathan Epstein; and two National some of the few affordable recreational that flow into them support fisheries Park Service fellows, Karl Cordova, opportunities available to the Amer- and wildlife and substantially con- who worked on the committee last ican people. tribute to coastal economies. The pres- year, and Mike Gauthier, who is on the This legislation is a bipartisan pack- sures of urbanization and pollution in staff for the current year. age of more than 160 individual bills, coastal areas threaten to impair water- I would also like to thank the com- and incorporates a wide range of public sheds, undermine natural protections mittee’s chief clerk, Mia Bennett; exec- land measures that impact various re- from coastal storms, impact wildlife utive assistant Amanda Kelly; commu- gions of our Nation. All of the bills in- habitat, and cause irreparable damage nications director Bill Wicker; press cluded in the package have been thor- to coastal ecology. As our population secretary David Marks; and staff as- oughly reviewed and favorably reported grows, more and more people are mov- sistants Rachel Pasternack, Gina by the Senate Committee on Energy ing to our coasts to enjoy their beauty Weinstock, and Rosemarie Calabro. and Natural Resources during the 110th and recreational opportunities. Coastal On the Republican side, let me ac- Congress. By utilizing, to the full ex- land protection partnership programs knowledge Senator MURKOWSKI’s new tent, the committee vetting process can help our Nation meet a number of staff director, McKie Campbell, and that includes acquiring testimonies diverse priorities such as promoting chief counsel Karen Billups. I would from Federal agencies, stakeholders, recreation, increasing wildlife, improv- also like to note my thanks to former and members of the public, concerns ing or conserving ecological quality Senator Domenici’s staff director dur- were addressed and bills were amended, and diversity, and preserving historical ing the previous Congress, Frank as needed. In addition to the Senate or cultural resources. The legislation Macchiarola; and former minority committee’s approval, many of these would foster partnership programs chief counsel, Judy Pensabene. I would measures were passed by the House of among the Federal Government, State also like to recognize counsel Kellie Representatives last Congress. agencies, local governments, private Donnelly; as well as professional staff As chairman of the National Parks landowners, and nonprofits to effec- members Frank Gladics, Josh Johnson, Subcommittee, I had the opportunity tively conserve and manage coastal and Tom Lillie, all of whom made sig- to hold hearings on a number of the lands. nificant contributions to this bill. bills included in this package. This leg- Over 50 percent of our population In addition, I am very grateful to the islation includes many important pro- lives along our coasts and our coastal committee’s nondesignated staff: visions for protecting and preserving economies generate one-half of our Na- Anna-Kristina Fox, Dawson Foard, America’s national parks and enhanc- tion’s gross domestic product. The Nancy Hall, Amber Passmore, Monica ing the experiences to be gained by planet’s oceans produce an untold Chestnut, and Wanda Green. park visitors. Today, I wish to high- amount of wealth, both economic and S. 22 contains over 1,200 pages of text, light four provisions that I sponsored ecological, for our Nation. What is and was the subject of numerous revi- during the 110th Congress: H.R. 3332, good for the health of our coastal com- sions. I am grateful to the help of the the Kalaupapa Memorial Act; S. 1728, munities and oceans is good for the Na- Senate legislative counsel office, and Na Hoa Pili O Kaloko-Honokohau Advi- tion. Given the reliance our citizens Gary Endicott, Heather Burnham, and sory Commission Reauthorization Act; have on our marine and coastal re- Colin Campbell in particular. S. 2220, Outdoor Recreation Act of 1963 sources and the large gaps exist in our I would also like to thank Cliff Amendments Act; and S. 320, the Pale- knowledge regarding U.S. ocean and Isenberg from the Senate Budget Com- ontological Resource Preservation Act. coastal areas, strengthening and im- mittee for his help as well as Deb Reis In addition, I appreciate the inclusion proving our marine, coastal, and sci- from the Congressional Budget Office, of S. 1680, the Izembek and Alaska Pe- entific programs will enable us to and Tyler Kruzich, formerly with CBO. ninsula Refuge Enhancement Act of make the best possible decisions about Finally, let me acknowledge the 2008. This provision addresses the needs how to manage, preserve and protect great help in bringing the bill to the of a rural and indigenous Alaska Na- our oceans. floor we received from the majority tive community. Mr. BINGAMAN. Madam President, leader and his staff: Neil Kornze, Chris The first three of these provisions are earlier today the Senate passed S. 22, Miller, Randy DeValk, Gary Myrick, particularly meaningful as they ac- the Omnibus Public Lands Manage- and, as always, the secretary for the knowledge the historical contributions ment Act of 2009. As I said during the majority, Lula Davis, as well as Tim and preserve Hawaii’s unique heritage debate, S. 22 includes over 160 bills Mitchell, the assistant secretary for for future generations. The remem- from the Committee on Energy and the majority. I would also like to brance and revitalization of our cul- Natural Resources and reflects many thank the cloakroom staff, Joe Lapia, ture, heritage, and natural resources years of hard work. Meredith Mellody, Brandon Durflinger, are an essential way to build upon the This achievement would not have and Estaban Galvan, for all of their as- values and traditions of our past and been possible without the hard work of sistance. move forward into the future. I am our outstanding staff. Both our rank- All of these fine staff members had a proud that the people of Hawaii, ing member, Senator MURKOWSKI, and I hand in putting S. 22 together and through partnerships at the State and

VerDate Nov 24 2008 02:58 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.036 S15JAPT1 jbell on PROD1PC69 with SENATE S426 CONGRESSIONAL RECORD — SENATE January 15, 2009 Federal levels, have embraced this op- tional Historical Park through 2018. The Paleontological Resources Pres- portunity. These efforts perpetuate a Kaloko-Honokohau National Historical ervation Act incorporates many of the legacy to be embraced by not only the Park, located on the western coast of recommendations on the subject issued people of Hawaii, but a legacy to be the Island of Hawaii, was established in by the Department of the Interior in shared with people across this Nation. 1978 to provide for the preservation, in- 2000. This act would help protect and I am confident that these measures terpretation, and perpetuation of tradi- preserve the nation’s important fossil which I sponsored will enable contin- tional Native Hawaiian activities and resources that are found on Federal ued good work and progress in pro- culture; to demonstrate historic land lands for the benefit of our citizens. moting and protecting the natural and use patterns; and to provide for the This provision will still allow the prac- cultural resources of my home State. education, enjoyment, and apprecia- tice of casual collecting that is being The Kalaupapa Memorial Act would tion of traditional Native Hawaiian ac- enjoyed on Federal lands. While I rec- authorize a memorial to be established tivities and culture. This Advisory ognize the educational benefits and the at Kalaupapa National Historical Park Commission advises the National Park major fossil discoveries made by ama- in Hawaii. This long overdue memorial Service on historical, archaeological, teur collectors and curio hunters, fossil will honor and perpetuate the memory cultural, and interpretive programs for theft has become an increasing prob- of those Hansen’s disease patients who the park and serves as a living resource lem. Vertebrate fossils are rare and im- were forcibly relocated to the for the education, enjoyment, and un- portant natural resources that have be- Kalaupapa community, which is lo- derstanding of traditional Hawaiian come increasingly endangered due to cated on a remote peninsula on the Is- culture and activities. This legislation an increase in the illegal collection of land of Molokai. would extend the Advisory Commission fossil specimens for commercial sale. For over 100 years, from 1866 to 1969, through the end of 2018. However, at this time there is no uni- Kalaupapa was a colony on the Hawai- The Outdoor Recreation Act of 1963 fied policy regarding the treatment of ian island of Molokai where patients Amendments Act seeks to authorize fossils by Federal lands management with Hansen’s disease, also known as $500,000 in funds for fiscal years 2008 agencies which would help protect and leprosy, were forced to live. These indi- through 2017 to the National Tropical conserve fossil specimens. We risk the viduals were directed to live there by Botanical Gardens. The measure will deterioration or loss of these valuable authorize appropriations to the cor- the Hawaiian and, later, the American scientific resources. This act will cor- poration governing the Botanical Gar- Governments in the belief that leprosy rect that omission by providing uni- dens for operation and maintenance ex- was rampantly contagious and that formity to the patchwork of statutes penses. These funds will contribute to- isolation was the only effective means and regulations that currently exist. It wards the private donations that the will create a comprehensive national of controlling the disease. In 1865, act- Botanical Gardens already raises to policy for preserving and managing fos- ing on the counsel of his American and support its annual operating budget of sils and other artifacts found on Fed- European advisers, Lot Kamehameha, over $10 million. the Hawaiian King, signed into law The National Tropical Botanical Gar- eral lands, and will prevent future ille- ‘‘An Act to Prevent the Spread of Lep- dens is a private charitable corpora- gal trade. I would like to emphasize rosy,’’ which criminalized the disease. tion, chartered by legislation that was that this bill covers only paleontolog- In the ensuing 103 years, men, women, enacted in 1964 to foster horticultural ical remains on Federal lands and in no and children of all ages—including research, education, and plant preser- way affects archaeological or cultural those who were mistakenly believed to vation. Its congressional charter man- resources under the Archaeological Re- have leprosy—were captured and forc- dates the Botanical Gardens to pre- sources Protection Act of 1979 or the ibly exiled to the brutal northern coast serve, for the people of the United Native American Graves Protection of Molokai, chosen due to its isolated States, species of tropical plant life and Repatriation Act. Lastly, I express my support for a and inaccessible location. threatened with extinction. Ultimately, more than 8,000 people Conservation is one of the National provision in the omnibus lands bill were sent to Kalaupapa, of which only Tropical Botanical Garden’s key roles. that I cosponsored in the 110th Con- about 1,300 graves have been identified. This role has become even more crit- gress, S. 1680, the Izembek and Alaska Most of those patients who were sent ical as tropical plant species continue Peninsula Refuge and Wilderness En- to Kalaupapa before 1900 have no to become extinct at a disturbing rate. hancement Act. This measure paves marked graves. Others were buried in As many as one-third of the remaining the way for a road that would provide places marked with a cross or a bare global plant species are considered at dependable and safe year-round access tombstone, but those markers have risk of extinction. Since 1976, the Na- for the residents of King Cove in Alas- seen great deterioration over time. As tional Tropical Botanical Gardens has ka to the nearby Cold Bay Airport. I a result, there are many family mem- recognized and worked with urgency to believe that the 800 residents of King bers and descendants of these residents preserve and cultivate native Hawaiian Cove, most of whom are Native Aleut, who cannot find the graves of their plants, and has made its program of have an absolute right to a means of loved ones and are unable to properly preserving Hawaii’s endangered and transport that is accessible under all honor and pay tribute to them. threatened flora a matter of the high- weather conditions, including gale This measure would authorize a non- est priority. force winds and fog. This reliable profit organization consisting of The unique flora of 1,300 species that means of getting to the airport will Kalaupapa residents and their families has evolved over millions of years in help address many of the community’s and friends, and known as ‘‘Ka ‘Ohana Hawaii represents a significant re- safety, health, and medical concerns O Kalaupapa,’’ to establish a memorial source to the people of the United because the Cold Bay Airport is an all- at a suitable location in the park to States in terms of the biodiversity it weather airport. honor the memory of the 8,000 resi- represents. Further, many of these bo- In addition to providing an essential dents who lived at the Kalaupapa and tanic species serve as the foundation of passageway, this provision will author- Kalawao communities. This monument entire ecosystems, serving as food ize a land transfer in which nearly will provide closure and a sense of be- sources or habitats for other larger 56,000 acres of pristine land will be clas- longing to these many family mem- species that are either threatened or sified as wildlife refuge wilderness. In bers, who have no knowledge of their endangered. These are species that are contrast, only about 2,000 acres of Fed- ancestors’ whereabouts. Through this not represented in any of the other 49 eral land could potentially be ex- monument, the Hansen’s disease pa- States in our Nation. Each of these changed for the purpose of con- tients will forever be memorialized as species contains unique genes that ex- structing a one-lane gravel road. This having been a part of the history of press themselves in a myriad of ways. measure has been in the making for 10 Kalaupapa. Each time we lose a species to extinc- years. I commend the Energy and Nat- The Na Hoa Pili O Kaloko- tion we lose an irreplaceable reservoir ural Resources Committee for working Honokohau Advisory Commission Act of unique genes and eliminate their across the aisle to modify and refine would reauthorize the Advisory Com- usage as a possible benefit to human- the original language to be acceptable mission for Kaloko-Honokohau Na- ity. to all parties and stakeholders. Neither

VerDate Nov 24 2008 04:16 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.028 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S427 the land exchange nor the construction logic Trail is a long time coming. The terpret one of the largest flooding of the road will occur without a strin- story of the Ice Age Floods is a truly events known to science. gent environmental impact statement amazing story of the forces of nature To date, more than 30 entities span- required under the National Environ- and their impact on our lives. ning State and local governments, mental Policy Act of 1969 and assur- When geologists first saw the vast chambers of commerce, and other civic ances by the Secretary of the Depart- Columbia Basin in eastern Washington, and community organization support ment of the Interior that the construc- they recognized that glaciers and flow- creation of the trail concept. tion of the road and the land exchange ing water had played a large part in This Omnibus Public Land Manage- are in the public interest and sufficient shaping the extraordinary landscape, ment Act of 2009 also includes my environmental safeguards are in place. with its canyons, buttes, dry cataracts, Snoqualmie Pass Land Conveyance I strongly support the Omnibus Pub- boulder fields, and gravel bars. Act. This hill would transfer an acre lic Land Management Act of 2009 and During the last Ice Age, some 13,000 and a half of Forest Service land to the those provisions that protect and pre- to 18,000 years ago, an ice cap covered Snoqualmie Pass fire district to help serve the historical contributions made almost all of Canada and extended them build a new fire station. by Hawaii’s environmental and cul- down across much of the Pacific North- I specifically thank the fire district tural heritage. We must protect our west. In Idaho, a 2,000-foot-high glacier commissioner Chris Caviezel for work- legacies, and I encourage my col- backed water up in western Montana ing so hard on behalf of the people at leagues to join in keeping our precious until it formed Glacial Lake Missoula, Snoqualmie Pass and providing top national resources and historic sites totaling 530 cubic miles or more than rate emergency services at one of the available for future generations. Lakes Erie and Ontario combined. most traveled mountain passes in the Ms. CANTWELL. Madam President, When Glacial Lake Missoula deep- country. During our recent winter storms, today, the Senate can be very proud of ened enough, the sheer force of the which brought several feet of snow, fol- a very significant accomplishment for backed up water undermined the gla- lowing by pounding rain and massive the enjoyment and protection of wil- cial ice dam, and the ice give way in a land slides at the Pass, Chris has been derness areas, historical sites, national cracking explosion. The huge lake was on the front lines providing tireless parks, forests, trails and scenic rivers. released all at once. When the dam broke, a towering and dedicated round the clock public Collectively, this is one of the most mass of water and ice was released and service to keep Snoqualmie Pass safe. sweeping conservation bills the Senate swept across parts of Idaho, Wash- The Snoqualmie Pass Fire Depart- has passed in many years. ington, and Oregon on its way to the ment serves a portion of two counties This bill has been through many ocean. on both sides of the Cascade Mountains twists and turns over the last year. But The peak rate of flow was ten times along Interstate 90, a community of 350 today’s successful vote could not have the combined flow of all the rivers of full-time residents that peaks to 1,500 been possible without the tenacity and the world. The huge lake may have during the ski season. dedication of the Majority Leader. emptied in as little as 2 or 3 days. Additionally, the ski area estimates I thank the majority leader for his Geologists at the University of Wash- 20,000 patrons on a busy weekend, and steadfast support and dedication to ington counted 89 floods without reach- the Department of Transportation esti- seeing that these important public land ing bottom, leading to present-day es- mates that up to 60,000 vehicles travel priorities become law. timates of up to 100 catastrophic water through the fire district on a busy day, There are a number my bills in this releases. making it the busiest mountain high- omnibus lands package that I would The glacial ice dam would break, way in the country. like to speak to. sparking cataclysmic floods, fresh ice This area is also the major transpor- First, the Ice Age Floods National would eventually flow from Canada to tation corridor for goods and services Geologic Trail Designation Act. This once more create an ice dam and Lake between eastern and western Wash- bill will create a National Park Service Missoula, and the cycle would be re- ington. The all-volunteer fire depart- trail to celebrate the remarkable geo- peated every 50 years or so. It ended ment averages over 300 calls a year logic history of the Pacific Northwest only with the melting of the conti- with about a 10 percent annual increase region. This bill has enjoyed regional, nental ice cap. in call volumes, which is more than tri- bipartisan support. I would like to These epic floods fundamentally ple the amount of calls a typical all- thank Senators MURRAY, WYDEN, changed the geography and way of life volunteer fire department would re- CRAPO, and my former colleagues Sen- in the Pacific Northwest. The coulees, spond to in a year. ators Smith and Craig for working buttes, boulder fields, lakes, ridges and Eighty-four percent of those inci- with me on this legislation. gravel bars they left behind still define dents are for nontax paying residents. There are too many people to thank the unique landscape of our State and Consequently, the fire department has by name but I want to acknowledge the our region today. the characteristics of a large city with dedication of the Ice Age Floods Insti- These floods are a remarkable part of the limited resources of a small com- tute, particularly its President, Gary our natural heritage. They have pro- munity. Kleinknecht, who has worked tirelessly foundly affected the geography and In recent years, this area has been to educate our country on the signifi- ways of life in the region but have re- the scene of major winter snowstorms, cance of the Ice Age Floods Geologic mained largely unknown to the general multi-vehicle accidents, and even ava- Trail. public. lanches. In many ways, the members of the The legacy of the floods includes not The fire district is often the first re- Institute serve as the prote´ge´s of peo- only stark scabland and dramatic dry sponder to incidents in the area, which ple like University of Washington pro- coulees and cataracts, but also excep- is prone to rock slides and avalanches fessor J. Harlan Bretz and USGS geolo- tionally fertile, productive farmland, and it is not uncommon for this com- gist Joseph Pardee, who fought to and significant wetlands and aquifers. munity to be isolated for hours or even make credible their hypothesis about Creating a National Park Service days at a time. the historic existence of the Ice Age trail to recognize and celebrate how Several thousand people can be Floods. these floods literally shaped the face of stranded at the pass during those peri- This is a wonderful day for many our state will provide an unparalleled ods when the Pass is closed and while communities, scientists, and Ice Age educational resource for Washing- the Department of Transportation Floods enthusiasts throughout the Pa- tonians and visitors from across the works quickly to get the roads back cific Northwest, and for tourism and country. open, it can be very taxing on local re- geologic education. It will also spur economic develop- sources. The Ice Age Floods Institute has pro- ment and create jobs in local commu- For decades, the fire district has been moted the development of an Ice Age nities across eastern and central Wash- leasing its current site from the Forest Floods National Geologic Trail for over ington. Service. They operate out of an aging 12 years. With the growing interest and I appreciate the Senate’s attention to building that was not designed to be a enthusiasm for this concept, this Geo- this bill that will help educate and in- fire station.

VerDate Nov 24 2008 04:16 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.030 S15JAPT1 jbell on PROD1PC69 with SENATE S428 CONGRESSIONAL RECORD — SENATE January 15, 2009 Through their hard work and dedica- Today, approximately 950 miles of memo identifying the lack of account- tion, they have served their commu- the Pacific Northwest trail are com- ability in the contract firefighting pro- nity ably despite this building’s many pleted and provide significant outdoor gram. A 2004 GAO report found that in- shortcomings. However, with traffic on recreational experiences to citizens sufficiently trained contract crews the rise and the need for emergency and visitors of the United States. hampered firefighting efforts. And a services in the area growing, the fire With more recognition and more peo- 2004 IG audit found that at the time the district needs to move to a true fire ple from all over the country ‘‘putting Forest Service could not monitor the station. on their hiking boots,’’ the trail will certification of more than 80 percent of The fire district has identified a receive more eligibility for grants its own firefighters. That is unaccept- nearby site that would better serve the funding and increased attention, which able. public safety needs at the pass. This lo- in turn will result in increased use and This legislation is a very modest yet cation would provide easy access to the more economic activity in rural areas. important proposal. The Senate has al- interstate in either direction, reducing National scenic trails provide recre- ready passed it once as an amendment emergency response times. ation, conservation, and enjoyment of to the 2003 healthy forests legislation, The parcel is on Forest Service prop- significant scenic, historic, natural, but sadly, it was not included in the erty, immediately adjacent to a free- and cultural qualities. The Pacific conference version of the bill. Northwest trail is a national prize and way interchange, between a frontage It is clear: this bill’s provisions are should be recognized as such. road and the interstate itself. The par- still a necessary tool to ensure that cel was formerly a disposal site during This Omnibus Public Land Manage- ment Act of 2009 also includes my Congress and Federal wildland fire- construction of the freeway and is now fighting agencies are as proactive as a gravel lot. wildland firefighter safety legislation. This legislation will improve account- possible in protecting the lives of It is my understanding that there are wildland firefighters. offers of support to construct a new ability and transparency in wildland firefighter safety training programs. First, the Wildland Firefighter Safe- fire station from State and local offi- ty and Transparency Act requires the cials, and to mitigate any effects of Wildland firefighting and the safety of wildland firefighters is vitally impor- Secretaries of Agriculture and Interior construction, and I support those ef- to track the funds they spend on fire- forts. tant to our brave men and women who battle these blazes, and for the commu- fighter safety and training. Congress I appreciate the efforts of Senator and taxpayers deserve to know whether MURRAY and my colleagues on the En- nities that depend on them. When wildfires do occur we rely on and how Federal funds are being spent ergy and Natural Resources Committee courageous men and women to protect to ensure the safety of firefighters. to review this issue and bring this bill our communities and natural re- Improved accountability means im- forward. I look forward to continuing sources. Every summer, we send thou- proved safety: I hope the Forest Serv- to work with the community at the sands of brave firefighters into harm’s ice will agree to track its funds as part pass and my colleagues to improve pub- way to protect our Nation’s rural com- of the administration’s annual budget lic safety in the area. munities and public lands. request. This Omnibus Public Land Manage- Of course, fighting fires is inherently Second, my legislation requires the ment Act of 2009 also includes my Pa- dangerous. But we must not abide pre- cific Northwest National Scenic Trail Secretaries to report to Congress annu- ventable deaths: We must not lose fire- ally on their departments’ safety and Act. This bill would designate the Pa- fighters simply because rules are bro- cific Northwest trail a national scenic training programs. We need to monitor ken, policies are ignored, and no one is Federal firefighting agencies and en- trail. held accountable. The Pacific Northwest is home to sure commitments to reform are being Six years ago, Washington State suf- acted upon. An annual check-in on some of the most pristine and breath- fered a horrible tragedy. On July 10, taking scenery this country has to safety programs from Congress is es- 2001, near Winthrop in Okanogan Coun- sential to making that happen. offer—from vast patches of forest and ty, during the second worst drought in steep, snow capped mountain ranges to Finally, my bill would require the Washington history, the Thirtymile Forest Service to ensure that private sandy beaches, rocky ocean coast, and fire burned out of control and four cou- green pastures. firefighting crews working under fed- rageous firefighters died. Sadly, subse- eral contracts receive training con- The Pacific Northwest Trail, zig- quent investigations revealed that they zagging from the Continental Divide to sistent with their Federal counter- didn’t have to die. The Forest Service parts. This is critical not only to pro- the Pacific Coast, offers all of these has said the tragedy ‘‘could have been spectacular views. The Pacific North- tect those private crews but also to prevented.’’ safeguard the Federal, State and tribal west Trail, running from the Conti- Since then, the courage of the employees who stand shoulder-to- nental Divide to the Pacific Coast, is Thirtymile families, standing up and shoulder with the contractors on the 1,200 miles long and ranks among the demanding change, has had a positive most scenic trails in the world. impact on the safety of our wildland fire line. This carefully chosen path runs firefighters. But we must do much And so we have an obligation to pro- through the Rocky Mountains, Selkirk more. tect and prepare the brave firefighters Mountains, Pasayten Wilderness, Through training and certification we send into harm’s way. I look for- North Cascades, Olympic Mountains, we can lower the risk to the brave men ward to working with my House col- and Wilderness Coast. From beginning and women who protect our forests and leagues on approving this legislation. to end it passes through three States, communities. It’s critical that Con- All of this could not have been ac- crosses three national parks, and winds gress is actively engaged to ensure this complished without the strong support through seven national forests. happens. and hard work and dedication of the And designating the Pacific North- An inspector general’s report re- majority leader and I thank the leader west trail a national scenic trail will leased in March 2006 found problems in for successfully moving these prior- give it the proper recognition, bring the Forest Service’s oversight of con- ities. benefits to neighboring rural commu- tracting firefighting crews. Hundreds Mr. DURBIN. Madam President, the nities, and promote its protection, de- are contracted by the Forest Service Omnibus Public Land Management Act velopment, and maintenance. and State agencies every year to fight of 2009 (S. 22) combines more than 160 In 1980, the National Park Service fires. Roughly one-third of the records individual bills to protect America’s and the Forest Service completed a it sampled showed that fire fighters’ wilderness and responsibly manage our feasibility study of the proposed Pa- qualification standards had not been natural resources. The individual cific Northwest trail. And the study met. Too many have been dispatched to measures in this bill were originally concluded that the Pacific Northwest fight fires without the necessary prepa- introduced by nearly equal numbers of trail has the scenic and recreational ration. Democratic and Republican Senators qualities needed for designation as a This is not new. A 2003 Seattle Times and the vast majority have broad bi- national scenic trail. report cited an internal Forest Service partisan support.

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.023 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S429 S. 22 would protect over 2 million role of Senator Domenici, who was the because we are thinking in the very acres of land by designating it as wil- ranking member in the prior Congress, short term. I also believe we are doing derness, making it the largest expan- for his hard work that also is reflected it because we pride ourselves in the pa- sion of the National Wilderness Preser- in this legislation. rochial benefits that we can return to vation System in almost 15 years. I wish to also recognize the work of our States at the expense of the best The new and expanded wilderness three of our subcommittee chairmen judgment in terms of decisionmaking areas established by this bill would and ranking members: Senators AKAKA for our future. span nine States and include such and BURR on the National Parks Sub- As has been noted on this floor, there treasures as: Pictured Rocks National committee, Senators WYDEN and are many of these bills that I don’t ap- Lakeshore in Michigan; Monongahela BARRASSO from the Public Lands and prove that don’t have an impact, that National Forest in West Virginia; Or- Forests Subcommittee, Senator JOHN- aren’t earmarks, that aren’t going to egon’s Mount Hood; Idaho’s Owyhee SON and Senator CORKER of the Water take property rights away, that aren’t canyons; the Sierra Nevada Mountains and Power Subcommittee. Most of the going to limit our access to available of California; the Rocky Mountain Na- hearings for the bills in this package oil and natural gas, proven reserves, tional Park in Colorado; Zion National were held in those subcommittees. but nevertheless we are going to do Park in Utah; as well as wilderness- These Senators laid much of the those things today, and there are going quality lands in Virginia and New Mex- groundwork for today’s vote. Of course, to be 20 or 25 votes against it. That ico. I wish to recognize Chairman RAHALL doesn’t mean the people who are pro- S. 22 would also protect more than of the House Natural Resources Com- moting this are any more genuine or 1,000 miles of free-flowing rivers by mittee for all his work and the work of sincere than I am, but I think what it adding them to the National Wild and his staff to resolve any differences that does mean is we have a short-term, my- Scenic Rivers System. It would add could have existed with the other body. opic-focused leadership in the Congress thousands of new miles of trails to the We have had superb staff work in de- that does not weigh properly the bene- National Trails System, expand the veloping this legislation. Let me par- fits of pleasing the parochial interests National Park System, and establish ticularly mention David Brooks, Kara at the expense of our future. new National Conservation Areas. Finkler and, of course, our staff direc- So I have fought very hard for many The Omnibus Public Land Manage- tor, Bob Simon, as well as Sam Fowler, months to try to make sure a majority ment Act would create new National the counsel for our Energy and Natural of these bills don’t become law—not be- Heritage Areas and authorize additions Resources staff; also, Mike Connor, cause I am opposed to wilderness or to the National Park System to pre- who worked very hard on many of the heritage areas but because I am for serve historical sites, including the water provisions contained in the legis- constitutional right of property owner- creation of the Abraham Lincoln Birth- lation; Scott Miller, who worked on ship, because I know the more and place National Historic Park in Ken- many of the forest-related sections of more we take away from our ability to tucky. this legislation. I know Senator MUR- fill the gap as we transition to alter- The package also contains critical KOWSKI and, prior to her, Senator native energy, the more money we are measures to responsibly manage our Domenici, also had excellent staff work going to fund to those people who Nation’s water resources, including a on the Republican side, which resulted would like to see us nonexistent. provision to assess the impact of cli- in this legislation coming together in a It is a privilege to serve in this body. mate change on our national water bipartisan fashion. It is a privilege to serve with gentle- supply, authorizations to repair water So I will put a more complete state- men such as the Senator from New infrastructure, and the resolution of ment acknowledging the great work of Mexico, the chairman of this com- important water settlements in the members of our committee staff in the mittee, and to benefit from his integ- West. RECORD and elaborate on that as the rity and his demeanor and cooperation, Other key provisions include the es- day proceeds, but I do wish to mention but it is also a disappointment that, in tablishment of a 26-million-acre Na- them now. my line of thinking, when you talk tional Landscape Conservation System Madam President, I see my colleague with the average American, we and protecting more than 1 million from Oklahoma is here to speak. How shouldn’t be doing anything to take acres of Wyoming’s Bridger-Teton Na- much time remains on the two sides? I away property rights. We should be tional Forest from oil and gas develop- know he has 5 minutes. Is there any doing everything to assure ourselves ment. time remaining on our side? increased access to energy in the fu- In its waning days, the current ad- The PRESIDING OFFICER. There is ture. We should, for sure, eliminate ministration went forward with a con- no time remaining on the majority this blatant, corrupt process of ear- troversial oil and gas lease sale in Utah side. marking, not because it is corrupt in that included wilderness quality lands Mr. BINGAMAN. I yield the floor. terms of at this time or at that time; it near several national parks. This sale The PRESIDING OFFICER. The Sen- is corrupt because it ignores the future highlights the need for Congress to ator from Oklahoma is recognized. and the costs and the lack of priority come together and protect our public Mr. COBURN. Madam President, in about how we should be spending what lands and precious natural resources thinking about where we are today, I are going to be very limited resources for future generations. asked myself what the average Oklaho- in the future. I support this package to protect our man would ask of me about this bill, or So I thank my colleagues for giving wilderness areas and preserve the coun- the average person from Wyoming or me the opportunity to attempt to put try’s natural resources. California. forward what I think are important Mr. BINGAMAN. Madam President, As I think about it, we have a bill principles. this package would not have been pos- that has 45 blatant earmarks in it. It is I yield the floor. sible without the dedicated work of the not a new day in Washington. Despite Mr. BINGAMAN. Madam President, I majority leader over the past several arguments to the contrary, we are suggest the absence of a quorum. months. I wish to particularly thank going to significantly alter our access The PRESIDING OFFICER. The him for his commitment to calling up to millions of barrels of oil and tril- clerk will call the roll. this bill early in this Congress and pro- lions of cubic feet of natural gas by The legislative clerk proceeded to ceeding with it. I wish to also acknowl- what we are doing. We are going to cre- call the roll. edge the excellent work and energy of ate a further imbalance. We have al- Mr. REID. Madam President, I ask the Natural Resources Committee’s most 107 million acres of wilderness unanimous consent that the order for new ranking minority member Ms. area. We are going to add another 2.2 the quorum call be rescinded. MURKOWSKI. We have been able to work million acres to that today. We are The PRESIDING OFFICER. Without together to develop a truly bipartisan going to trample on property rights as objection, it is so ordered. combination of bills which is reflected we haven’t in decades, both directly ORDER OF PROCEDURE in the broad support for this package. and indirectly. I asked myself: Why are Mr. REID. Madam President, I had a Of course, I wish to acknowledge the we doing it? I believe we are doing it conversation with the distinguished

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.054 S15JAPT1 jbell on PROD1PC69 with SENATE S430 CONGRESSIONAL RECORD — SENATE January 15, 2009 Republican leader, and based on that Conrad Lautenberg Rockefeller Subtitle D—Copper Salmon Wilderness, conversation, I am going to propound Corker Leahy Salazar Oregon Crapo Levin Sanders Sec. 1301. Designation of the Copper Salmon the following unanimous consent re- Dodd Lieberman Schumer quest. Dorgan Lincoln Shaheen Wilderness. I ask unanimous consent that imme- Durbin Lugar Snowe Sec. 1302. Wild and Scenic River Designa- Enzi Martinez tions, Elk River, Oregon. diately following the vote on the mo- Specter Feingold McCaskill Stabenow Sec. 1303. Protection of tribal rights. Feinstein Menendez tion to invoke cloture on the motion to Tester Gregg Merkley Subtitle E—Cascade-Siskiyou National proceed to S. 181, regardless of the out- Udall (CO) Hagan Mikulski Monument, Oregon Udall (NM) come, the Senate proceed to the con- Harkin Murkowski Voinovich Sec. 1401. Definitions. sideration of calendar No. 16, S. J. Res. Hatch Murray Sec. 1402. Voluntary grazing lease donation 5, the disapproval resolution relating Inouye Nelson (FL) Warner Webb program. to Emergency Economic Stabilization Johnson Nelson (NE) Kerry Pryor Whitehouse Sec. 1403. Box R Ranch land exchange. Act, and that the vote on passage of Klobuchar Reed Wicker Sec. 1404. Deerfield land exchange. the joint resolution occur at 4:30 p.m., Kohl Reid Wyden Sec. 1405. Soda Mountain Wilderness. notwithstanding rule XII, paragraph 4; Landrieu Risch Sec. 1406. Effect. that the time be divided as provided for NAYS—21 Subtitle F—Owyhee Public Land Management under the statute; that at 2 p.m. the Brownback Graham McCain consideration and debate be inter- Burr Grassley McConnell Sec. 1501. Definitions. rupted for the swearing in of Senator- Chambliss Hutchison Roberts Sec. 1502. Owyhee Science Review and Con- Coburn Inhofe Sessions servation Center. appointee BURRIS and that the time Cornyn Isakson Shelby Sec. 1503. Wilderness areas. utilized be charged against the major- DeMint Johanns Thune Sec. 1504. Designation of wild and scenic riv- Ensign Kyl Vitter ity; and that at 4:30 p.m. today, the ers. Senate proceed to vote on the joint res- NOT VOTING—4 Sec. 1505. Land identified for disposal. olution, with no further intervening Biden Bunning Sec. 1506. Tribal cultural resources. action or debate. Brown Kennedy Sec. 1507. Recreational travel management The PRESIDING OFFICER. Without plans. The bill (S. 22), as amended, was Sec. 1508. Authorization of appropriations. objection, it is so ordered. passed, as follows: Subtitle G—Sabinoso Wilderness, New Mr. REID. Madam President, I ask S. 22 unanimous consent that prior to the Mexico Be it enacted by the Senate and House of Rep- Sec. 1601. Definitions. second vote on cloture, there be 4 min- resentatives of the United States of America in utes equally divided and controlled be- Sec. 1602. Designation of the Sabinoso Wil- Congress assembled, derness. tween Senators MIKULSKI and ENZI or SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle H—Pictured Rocks National their designees, and that the second (a) SHORT TITLE.—This Act may be cited as Lakeshore Wilderness vote in the sequence be 10 minutes in the ‘‘Omnibus Public Land Management Act duration. of 2009’’. Sec. 1651. Definitions. Sec. 1652. Designation of Beaver Basin Wil- I suggest this is the so-called Lilly (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: derness. Ledbetter legislation about which we Sec. 1653. Administration. Sec. 1. Short title; table of contents. have been talking. Sec. 1654. Effect. TITLE I—ADDITIONS TO THE NATIONAL The PRESIDING OFFICER. Without Subtitle I—Oregon Badlands Wilderness objection, it is so ordered. WILDERNESS PRESERVATION SYSTEM Subtitle A—Wild Monongahela Wilderness Sec. 1701. Definitions. Under the previous order, the ques- Sec. 1702. Oregon Badlands Wilderness. tion is on the engrossment and third Sec. 1001. Designation of wilderness, Sec. 1703. Release. reading of the bill, as amended. Monongahela National Forest, Sec. 1704. Land exchanges. West Virginia. Sec. 1705. Protection of tribal treaty rights. The bill was ordered to be engrossed Sec. 1002. Boundary adjustment, Laurel for a third reading and was read the Fork South Wilderness, Subtitle J—Spring Basin Wilderness, Oregon third time. Monongahela National Forest. Sec. 1751. Definitions. Mr. BINGAMAN. Madam President, I Sec. 1003. Monongahela National Forest Sec. 1752. Spring Basin Wilderness. ask for the yeas and nays. boundary confirmation. Sec. 1753. Release. Sec. 1004. Enhanced Trail Opportunities. Sec. 1754. Land exchanges. The PRESIDING OFFICER. Is there a Sec. 1755. Protection of tribal treaty rights. sufficient second? Subtitle B—Virginia Ridge and Valley Wilderness Subtitle K—Eastern Sierra and Northern There appears to be a sufficient sec- San Gabriel Wilderness, California ond. Sec. 1101. Definitions. Sec. 1102. Designation of additional National Sec. 1801. Definitions. The question is, Shall the bill, S. 22, Forest System land in Jefferson Sec. 1802. Designation of wilderness areas. as amended, pass? National Forest, Virginia, as Sec. 1803. Administration of wilderness The clerk will call the roll. wilderness or a wilderness areas. The assistant legislative clerk called study area. Sec. 1804. Release of wilderness study areas. the roll. Sec. 1103. Designation of Kimberling Creek Sec. 1805. Designation of wild and scenic riv- Mr. DURBIN. I announce that the Potential Wilderness Area, Jef- ers. ferson National Forest, Vir- Sec. 1806. Bridgeport Winter Recreation Senator from Delaware (Mr. BIDEN), ginia. Area. the Senator from Ohio (Mr. BROWN), Sec. 1104. Seng Mountain and Bear Creek Sec. 1807. Management of area within Hum- and the Senator from Massachusetts Scenic Areas, Jefferson Na- boldt-Toiyabe National Forest. (Mr. KENNEDY) are necessarily absent. tional Forest, Virginia. Sec. 1808. Ancient Bristlecone Pine Forest. Mr. KYL. The following Senator is Sec. 1105. Trail plan and development. Subtitle L—Riverside County Wilderness, necessarily absent: the Senator from Sec. 1106. Maps and boundary descriptions. California Sec. 1107. Effective date. Kentucky (Mr. BUNNING). Sec. 1851. Wilderness designation. Subtitle C—Mt. Hood Wilderness, Oregon Further, if present and voting, the Sec. 1852. Wild and scenic river designations, Senator from Kentucky (Mr. BUNNING) Sec. 1201. Definitions. Riverside County, California. would have voted ‘‘nay.’’ Sec. 1202. Designation of wilderness areas. Sec. 1853. Additions and technical correc- Sec. 1203. Designation of streams for wild tions to Santa Rosa and San The result was announced—yeas 73, and scenic river protection in nays 21, as follows: Jacinto Mountains National the Mount Hood area. Monument. [Rollcall Vote No. 3 Leg.] Sec. 1204. Mount Hood National Recreation Subtitle M—Sequoia and Kings Canyon YEAS—73 Area. Sec. 1205. Protections for Crystal Springs, National Parks Wilderness, California Akaka Bennett Cardin Upper Big Bottom, and Cultus Sec. 1901. Definitions. Alexander Bingaman Carper Barrasso Bond Casey Creek. Sec. 1902. Designation of wilderness areas. Baucus Boxer Clinton Sec. 1206. Land exchanges. Sec. 1903. Administration of wilderness Bayh Byrd Cochran Sec. 1207. Tribal provisions; planning and areas. Begich Cantwell Collins studies. Sec. 1904. Authorization of appropriations.

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0655 E:\CR\FM\G15JA6.020 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S431 Subtitle N—Rocky Mountain National Park Sec. 2602. Southern Nevada limited transi- Sec. 5203. Ice Age Floods National Geologic Wilderness, Colorado tion area conveyance. Trail. Sec. 1951. Definitions. Sec. 2603. Nevada Cancer Institute land con- Sec. 5204. Washington-Rochambeau Revolu- Sec. 1952. Rocky Mountain National Park veyance. tionary Route National His- Wilderness, Colorado. Sec. 2604. Turnabout Ranch land convey- toric Trail. Sec. 1953. Grand River Ditch and Colorado- ance, Utah. Sec. 5205. Pacific Northwest National Scenic Big Thompson projects. Sec. 2605. Boy Scouts land exchange, Utah. Trail. Sec. 1954. East Shore Trail Area. Sec. 2606. Douglas County, Washington, land Sec. 5206. Trail of Tears National Historic Sec. 1955. National forest area boundary ad- conveyance. Trail. justments. Sec. 2607. Twin Falls, Idaho, land convey- Subtitle D—National Trail System Sec. 1956. Authority to lease Leiffer tract. ance. Amendments Sec. 2608. Sunrise Mountain Instant Study Subtitle O—Washington County, Utah Area release, Nevada. Sec. 5301. National Trails System willing Sec. 1971. Definitions. Sec. 2609. Park City, Utah, land conveyance. seller authority. Sec. 1972. Wilderness areas. Sec. 2610. Release of reversionary interest in Sec. 5302. Revision of feasibility and suit- Sec. 1973. Zion National Park wilderness. certain lands in Reno, Nevada. ability studies of existing na- Sec. 1974. Red Cliffs National Conservation Sec. 2611. Tuolumne Band of Me-Wuk Indi- tional historic trails. Area. ans of the Tuolumne Rancheria. Sec. 5303. Chisholm Trail and Great Western Trails Studies. Sec. 1975. Beaver Dam Wash National Con- TITLE III—FOREST SERVICE servation Area. AUTHORIZATIONS TITLE VI—DEPARTMENT OF THE Sec. 1976. Zion National Park wild and sce- INTERIOR AUTHORIZATIONS nic river designation. Subtitle A—Watershed Restoration and Enhancement Subtitle A—Cooperative Watershed Sec. 1977. Washington County comprehen- Management Program sive travel and transportation Sec. 3001. Watershed restoration and en- management plan. hancement agreements. Sec. 6001. Definitions. Sec. 1978. Land disposal and acquisition. Sec. 6002. Program. Subtitle B—Wildland Firefighter Safety Sec. 6003. Effect of subtitle. Sec. 1979. Management of priority biological Sec. 3101. Wildland firefighter safety. areas. Subtitle B—Competitive Status for Federal Sec. 1980. Public purpose conveyances. Subtitle C—Wyoming Range Employees in Alaska Sec. 1981. Conveyance of Dixie National For- Sec. 3201. Definitions. Sec. 6101. Competitive status for certain est land. Sec. 3202. Withdrawal of certain land in the Federal employees in the State Sec. 1982. Transfer of land into trust for Wyoming range. of Alaska. Shivwits Band of Paiute Indi- Sec. 3203. Acceptance of the donation of valid existing mining or leasing Subtitle C—Management of the Baca ans. National Wildlife Refuge Sec. 1983. Authorization of appropriations. rights in the Wyoming range. Sec. 6201. Baca National Wildlife Refuge. TITLE II—BUREAU OF LAND Subtitle D—Land Conveyances and MANAGEMENT AUTHORIZATIONS Exchanges Subtitle D—Paleontological Resources Preservation Subtitle A—National Landscape Sec. 3301. Land conveyance to City of Conservation System Coffman Cove, Alaska. Sec. 6301. Definitions. Sec. 3302. Beaverhead-Deerlodge National Sec. 6302. Management. Sec. 2001. Definitions. Forest land conveyance, Mon- Sec. 6303. Public awareness and education Sec. 2002. Establishment of the National tana. program. Landscape Conservation Sys- Sec. 3303. Santa Fe National Forest; Pecos Sec. 6304. Collection of paleontological re- tem. National Historical Park Land sources. Sec. 2003. Authorization of appropriations. Exchange. Sec. 6305. Curation of resources. Subtitle B—Prehistoric Trackways National Sec. 3304. Santa Fe National Forest Land Sec. 6306. Prohibited acts; criminal pen- Monument Conveyance, New Mexico. alties. Sec. 2101. Findings. Sec. 3305. Kittitas County, Washington, land Sec. 6307. Civil penalties. Sec. 2102. Definitions. conveyance. Sec. 6308. Rewards and forfeiture. Sec. 2103. Establishment. Sec. 3306. Mammoth Community Water Dis- Sec. 6309. Confidentiality. Sec. 2104. Administration. trict use restrictions. Sec. 6310. Regulations. Sec. 2105. Authorization of appropriations. Sec. 3307. Land exchange, Wasatch-Cache Sec. 6311. Savings provisions. Subtitle C—Fort Stanton-Snowy River Cave National Forest, Utah. Sec. 6312. Authorization of appropriations. National Conservation Area Sec. 3308. Boundary adjustment, Frank Subtitle E—Izembek National Wildlife Church River of No Return Wil- Sec. 2201. Definitions. Refuge Land Exchange derness. Sec. 2202. Establishment of the Fort Stan- Sec. 6401. Definitions. Sec. 3309. Sandia pueblo land exchange tech- ton-Snowy River Cave National Sec. 6402. Land exchange. nical amendment. Conservation Area. Sec. 6403. King Cove Road. Sec. 2203. Management of the Conservation Subtitle E—Colorado Northern Front Range Sec. 6404. Administration of conveyed lands. Area. Study Sec. 6405. Failure to begin road construc- Sec. 2204. Authorization of appropriations. Sec. 3401. Purpose. tion. Subtitle D—Snake River Birds of Prey Sec. 3402. Definitions. Sec. 6406. Expiration of legislative. National Conservation Area Sec. 3403. Colorado Northern Front Range Subtitle F—Wolf Livestock Loss Mountain Backdrop Study. Sec. 2301. Snake River Birds of Prey Na- Demonstration Project tional Conservation Area. TITLE IV—FOREST LANDSCAPE Sec. 6501. Definitions. RESTORATION Subtitle E—Dominguez-Escalante National Sec. 6502. Wolf compensation and prevention Conservation Area Sec. 4001. Purpose. program. Sec. 4002. Definitions. Sec. 6503. Authorization of appropriations. Sec. 2401. Definitions. Sec. 4003. Collaborative Forest Landscape TITLE VII—NATIONAL PARK SERVICE Sec. 2402. Dominguez-Escalante National Restoration Program. AUTHORIZATIONS Conservation Area. Sec. 4004. Authorization of appropriations. Sec. 2403. Dominguez Canyon Wilderness Subtitle A—Additions to the National Park TITLE V—RIVERS AND TRAILS Area. System Subtitle A—Additions to the National Wild Sec. 2404. Maps and legal descriptions. Sec. 7001. Paterson Great Falls National and Scenic Rivers System Sec. 2405. Management of Conservation Area Historical Park, New Jersey. and Wilderness. Sec. 5001. Fossil Creek, Arizona. Sec. 7002. William Jefferson Clinton Birth- Sec. 2406. Management plan. Sec. 5002. Snake River Headwaters, Wyo- place Home National Historic Sec. 2407. Advisory council. ming. Site. Sec. 2408. Authorization of appropriations. Sec. 5003. Taunton River, Massachusetts. Sec. 7003. River Raisin National Battlefield Subtitle F—Rio Puerco Watershed Subtitle B—Wild and Scenic Rivers Studies Park. Management Program Sec. 5101. Missisquoi and Trout Rivers Subtitle B—Amendments to Existing Units Sec. 2501. Rio Puerco Watershed Manage- Study. of the National Park System ment Program. Subtitle C—Additions to the National Trails Sec. 7101. Funding for Keweenaw National Subtitle G—Land Conveyances and System Historical Park. Exchanges Sec. 5201. Arizona National Scenic Trail. Sec. 7102. Location of visitor and adminis- Sec. 2601. Carson City, Nevada, land convey- Sec. 5202. New England National Scenic trative facilities for Weir Farm ances. Trail. National Historic Site.

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0655 E:\CR\FM\A15JA6.032 S15JAPT1 jbell on PROD1PC69 with SENATE S432 CONGRESSIONAL RECORD — SENATE January 15, 2009 Sec. 7103. Little River Canyon National Pre- Sec. 8008. Mississippi Delta National Herit- Sec. 9505. Hydroelectric power assessment. serve boundary expansion. age Area. Sec. 9506. Climate change and water Sec. 7104. Hopewell Culture National Histor- Sec. 8009. Muscle Shoals National Heritage intragovernmental panel. ical Park boundary expansion. Area, Alabama. Sec. 9507. Water data enhancement by Sec. 7105. Jean Lafitte National Historical Sec. 8010. Kenai Mountains-Turnagain Arm United States Geological Sur- Park and Preserve boundary ad- National Heritage Area, Alas- vey. justment. ka. Sec. 9508. National water availability and Sec. 7106. Minute Man National Historical Subtitle B—Studies use assessment program. Park. Sec. 9509. Research agreement authority. Sec. 7107. Everglades National Park. Sec. 8101. Chattahoochee Trace, Alabama Sec. 9510. Effect. Sec. 7108. Kalaupapa National Historical and Georgia. Sec. 8102. Northern Neck, Virginia. Subtitle G—Aging Infrastructure Park. Sec. 9601 Definitions. Subtitle C—Amendments Relating to Sec. 7109. Boston Harbor Islands National Sec. 9602. Guidelines and inspection of National Heritage Corridors Recreation Area. project facilities and technical Sec. 7110. Thomas Edison National Histor- Sec. 8201. Quinebaug and Shetucket Rivers assistance to transferred works ical Park, New Jersey. Valley National Heritage Cor- operating entities. Sec. 7111. Women’s Rights National Histor- ridor. Sec. 9603. Extraordinary operation and ical Park. Sec. 8202. Delaware And Lehigh National maintenance work performed Sec. 7112. Martin Van Buren National His- Heritage Corridor. by the Secretary. toric Site. Sec. 8203. Erie Canalway National Heritage Sec. 9604. Relationship to Twenty-First Cen- Sec. 7113. Palo Alto Battlefield National Corridor. tury Water Works Act. Historical Park. Sec. 8204. John H. Chafee Blackstone River Sec. 9605. Authorization of appropriations. Sec. 7114. Abraham Lincoln Birthplace Na- Valley National Heritage Cor- TITLE X—WATER SETTLEMENTS tional Historical Park. ridor. Sec. 7115. New River Gorge National River. Subtitle A—San Joaquin River Restoration Sec. 7116. Technical corrections. TITLE IX—BUREAU OF RECLAMATION Settlement AUTHORIZATIONS Sec. 7117. Dayton Aviation Heritage Na- PART I—SAN JOAQUIN RIVER RESTORATION Subtitle A—Feasibility Studies tional Historical Park, Ohio. SETTLEMENT ACT Sec. 7118. Fort Davis National Historic Site. Sec. 9001. Snake, Boise, and Payette River Sec. 10001. Short title. Subtitle C—Special Resource Studies systems, Idaho. Sec. 10002. Purpose. Sec. 7201. Walnut Canyon study. Sec. 9002. Sierra Vista Subwatershed, Ari- Sec. 10003. Definitions. Sec. 7202. Tule Lake Segregation Center, zona. Sec. 10004. Implementation of settlement. California. Sec. 9003. San Diego Intertie, California. Sec. 10005. Acquisition and disposal of prop- Sec. 7203. Estate Grange, St. Croix. Subtitle B—Project Authorizations erty; title to facilities. Sec. 7204. Harriet Beecher Stowe House, Sec. 9101. Tumalo Irrigation District Water Sec. 10006. Compliance with applicable law. Maine. Conservation Project, Oregon. Sec. 10007. Compliance with Central Valley Sec. 7205. Shepherdstown battlefield, West Sec. 9102. Madera Water Supply Enhance- Project Improvement Act. Virginia. ment Project, California. Sec. 10008. No private right of action. Sec. 7206. Green McAdoo School, Tennessee. Sec. 9103. Eastern New Mexico Rural Water Sec. 10009. Appropriations; Settlement Sec. 7207. Harry S Truman Birthplace, Mis- System project, New Mexico. Fund. souri. Sec. 9104. Rancho Cailfornia Water District Sec. 10010. Repayment contracts and accel- Sec. 7208. Battle of Matewan special re- project, California. eration of repayment of con- source study. Sec. 9105. Jackson Gulch Rehabilitation struction costs. Sec. 7209. Butterfield Overland Trail. Project, Colorado. Sec. 10011. California Central Valley Spring Sec. 7210. Cold War sites theme study. Sec. 9106. Rio Grande Pueblos, New Mexico. Run Chinook salmon. Sec. 7211. Battle of Camden, South Carolina. Sec. 9107. Upper Colorado River endangered PART II—STUDY TO DEVELOP WATER PLAN; Sec. 7212. Fort San Gero´ nimo, Puerto Rico. fish programs. REPORT Subtitle D—Program Authorizations Sec. 9108. Santa Margarita River, California. Sec. 10101. Study to develop water plan; re- Sec. 7301. American Battlefield Protection Sec. 9109. Elsinore Valley Municipal Water port. Program. District. PART III—FRIANT DIVISION IMPROVEMENTS Sec. 7302. Preserve America Program. Sec. 9110. North Bay Water Reuse Authority. Sec. 10201. Federal facility improvements. Sec. 7303. Save America’s Treasures Pro- Sec. 9111. Prado Basin Natural Treatment Sec. 10202. Financial assistance for local gram. System Project, California. projects. Sec. 7304. Route 66 Corridor Preservation Sec. 9112. Bunker Hill Groundwater Basin, Sec. 10203. Authorization of appropriations. Program. California. Sec. 7305. National Cave and Karst Research Sec. 9113. GREAT Project, California. Subtitle B—Northwestern New Mexico Rural Institute. Sec. 9114. Yucaipa Valley Water District, Water Projects Subtitle E—Advisory Commissions California. Sec. 10301. Short title. Sec. 10302. Definitions. Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Sec. 9115. Arkansas Valley Conduit, Colo- rado. Sec. 10303. Compliance with environmental Advisory Commission. laws. Sec. 7402. Cape Cod National Seashore Advi- Subtitle C—Title Transfers and Clarifications Sec. 10304. No reallocation of costs. sory Commission. Sec. 10305. Interest rate. Sec. 7403. National Park System Advisory Sec. 9201. Transfer of McGee Creek pipeline PART I—AMENDMENTS TO THE COLORADO Board. and facilities. RIVER STORAGE PROJECT ACT AND PUBLIC Sec. 7404. Concessions Management Advi- Sec. 9202. Albuquerque Biological Park, New LAW 87–483 sory Board. Mexico, title clarification. Sec. 7405. St. Augustine 450th Commemora- Sec. 9203. Goleta Water District Water Dis- Sec. 10401. Amendments to the Colorado tion Commission. tribution System, California. River Storage Project Act. Sec. 10402. Amendments to Public Law 87– TITLE VIII—NATIONAL HERITAGE AREAS Subtitle D—San Gabriel Basin Restoration 483. Fund Subtitle A—Designation of National Sec. 10403. Effect on Federal water law. Heritage Areas Sec. 9301. Restoration Fund. PART II—RECLAMATION WATER SETTLEMENTS Sec. 8001. Sangre de Cristo National Herit- Subtitle E—Lower Colorado River Multi- FUND age Area, Colorado. Species Conservation Program Sec. 8002. Cache La Poudre River National Sec. 10501. Reclamation Water Settlements Sec. 9401. Definitions. Heritage Area, Colorado. Fund. Sec. 9402. Implementation and water ac- Sec. 8003. South Park National Heritage PART III—NAVAJO-GALLUP WATER SUPPLY counting. Area, Colorado. PROJECT Sec. 9403. Enforceability of program docu- Sec. 8004. Northern Plains National Heritage ments. Sec. 10601. Purposes. Area, North Dakota. Sec. 9404. Authorization of appropriations. Sec. 10602. Authorization of Navajo-Gallup Sec. 8005. Baltimore National Heritage Area, Water Supply Project. Maryland. Subtitle F—Secure Water Sec. 10603. Delivery and use of Navajo-Gal- Sec. 8006. Freedom’s Way National Heritage Sec. 9501. Findings. lup Water Supply Project Area, Massachusetts and New Sec. 9502. Definitions. water. Hampshire. Sec. 9503. Reclamation climate change and Sec. 10604. Project contracts. Sec. 8007. Mississippi Hills National Herit- water program. Sec. 10605. Navajo Nation Municipal Pipe- age Area. Sec. 9504. Water management improvement. line.

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0655 E:\CR\FM\A15JA6.032 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S433 Sec. 10606. Authorization of conjunctive use Sec. 12402. Purposes. picted on the map entitled ‘‘Cranberry Ex- wells. Sec. 12403. Definitions. pansion Proposed Wilderness’’ and dated Sec. 10607. San Juan River Navajo Irrigation Sec. 12404. Interagency subcommittee. March 11, 2008, which shall be added to and Projects. Sec. 12405. Strategic research plan. administered as part of the Cranberry Wil- Sec. 10608. Other irrigation projects. Sec. 12406. NOAA ocean acidification activi- derness designated by section 1(1) of Public Sec. 10609. Authorization of appropriations. ties. Law 97–466 (96 Stat. 2538). PART IV—NAVAJO NATION WATER RIGHTS Sec. 12407. NSF ocean acidification activi- (3) Certain Federal land comprising ap- Sec. 10701. Agreement. ties. proximately 7,156 acres, as generally de- Sec. 10702. Trust Fund. Sec. 12408. NASA ocean acidification activi- picted on the map entitled ‘‘Dolly Sods Ex- Sec. 10703. Waivers and releases. ties. pansion Proposed Wilderness’’ and dated Sec. 10704. Water rights held in trust. Sec. 12409. Authorization of appropriations. March 11, 2008, which shall be added to and Subtitle C—Shoshone-Paiute Tribes of the Subtitle E—Coastal and Estuarine Land administered as part of the Dolly Sods Wil- Duck Valley Reservation Water Rights Conservation Program derness designated by section 3(a)(13) of Pub- Settlement Sec. 12501. Short title. lic Law 93–622 (88 Stat. 2098). Sec. 10801. Findings. Sec. 12502. Authorization of Coastal and Es- (4) Certain Federal land comprising ap- Sec. 10802. Purposes. tuarine Land Conservation Pro- proximately 698 acres, as generally depicted Sec. 10803. Definitions. gram. on the map entitled ‘‘Otter Creek Expansion Sec. 10804. Approval, ratification, and con- TITLE XIII—MISCELLANEOUS Proposed Wilderness’’ and dated March 11, firmation of agreement; author- 2008, which shall be added to and adminis- Sec. 13001. Management and distribution of ization. tered as part of the Otter Creek Wilderness North Dakota trust funds. Sec. 10805. Tribal water rights. designated by section 3(a)(14) of Public Law Sec. 10806. Duck Valley Indian Irrigation Sec. 13002. Amendments to the Fisheries 93–622 (88 Stat. 2098). Project. Restoration and Irrigation (5) Certain Federal land comprising ap- Sec. 10807. Development and Maintenance Mitigation Act of 2000. proximately 6,792 acres, as generally de- Funds. Sec. 13003. Amendments to the Alaska Nat- picted on the map entitled ‘‘Roaring Plains Sec. 10808. Tribal waiver and release of ural Gas Pipeline Act. Proposed Wilderness’’ and dated March 11, claims. Sec. 13004. Additional Assistant Secretary 2008, which shall be known as the ‘‘Roaring Sec. 10809. Miscellaneous. for Department of Energy. Plains West Wilderness’’. Sec. 13005. Lovelace Respiratory Research TITLE XI—UNITED STATES GEOLOGICAL (6) Certain Federal land comprising ap- Institute. proximately 6,030 acres, as generally de- SURVEY AUTHORIZATIONS Sec. 13006. Authorization of appropriations picted on the map entitled ‘‘Spice Run Pro- Sec. 11001. Reauthorization of the National for National Tropical Botanical posed Wilderness’’ and dated March 11, 2008, Geologic Mapping Act of 1992. Garden. Sec. 11002. New Mexico water resources which shall be known as the ‘‘Spice Run Wil- TITLE XIV—CHRISTOPHER AND DANA study. derness’’. REEVE PARALYSIS ACT TITLE XII—OCEANS (b) MAPS AND LEGAL DESCRIPTION.— Sec. 14001. Short title. Subtitle A—Ocean Exploration (1) FILING AND AVAILABILITY.—As soon as Subtitle A—Paralysis Research practicable after the date of the enactment PART I—EXPLORATION Sec. 14101. Activities of the National Insti- of this Act, the Secretary of Agriculture, Sec. 12001. Purpose. tutes of Health with respect to acting through the Chief of the Forest Serv- Sec. 12002. Program established. research on paralysis. ice, shall file with the Committee on Natural Sec. 12003. Powers and duties of the Admin- Resources of the House of Representatives istrator. Subtitle B—Paralysis Rehabilitation and the Committee on Energy and Natural Sec. 12004. Ocean exploration and undersea Research and Care Resources of the Senate a map and legal de- research technology and infra- Sec. 14201. Activities of the National Insti- scription of each wilderness area designated structure task force. tutes of Health with respect to or expanded by subsection (a). The maps and Sec. 12005. Ocean Exploration Advisory research with implications for legal descriptions shall be on file and avail- Board. enhancing daily function for able for public inspection in the office of the Sec. 12006. Authorization of appropriations. persons with paralysis. Chief of the Forest Service and the office of PART II—NOAA UNDERSEA RESEARCH Subtitle C—Improving Quality of Life for the Supervisor of the Monongahela National PROGRAM ACT OF 2009 Persons With Paralysis and Other Physical Forest. Sec. 12101. Short title. Disabilities (2) FORCE AND EFFECT.—The maps and legal Sec. 12102. Program established. Sec. 14301. Programs to improve quality of descriptions referred to in this subsection Sec. 12103. Powers of program director. life for persons with paralysis shall have the same force and effect as if in- Sec. 12104. Administrative structure. and other physical disabilities. cluded in this subtitle, except that the Sec- Sec. 12105. Research, exploration, education, TITLE XV—SMITHSONIAN INSTITUTION retary may correct errors in the maps and and technology programs. descriptions. Sec. 12106. Competitiveness. FACILITIES AUTHORIZATION Sec. 12107. Authorization of appropriations. Sec. 15101. Laboratory and support space, (c) ADMINISTRATION.—Subject to valid ex- Subtitle B—Ocean and Coastal Mapping Edgewater, Maryland. isting rights, the Federal lands designated as Integration Act Sec. 15102. Laboratory space, Gamboa, Pan- wilderness by subsection (a) shall be admin- ama. istered by the Secretary in accordance with Sec. 12201. Short title. Sec. 15103. Construction of greenhouse facil- Sec. 12202. Establishment of program. the Wilderness Act (16 U.S.C. 1131 et seq.). ity. Sec. 12203. Interagency committee on ocean The Secretary may continue to authorize the and coastal mapping. TITLE I—ADDITIONS TO THE NATIONAL competitive running event permitted from Sec. 12204. Biannual reports. WILDERNESS PRESERVATION SYSTEM 2003 through 2007 in the vicinity of the Sec. 12205. Plan. Subtitle A—Wild Monongahela Wilderness boundaries of the Dolly Sods Wilderness ad- Sec. 12206. Effect on other laws. SEC. 1001. DESIGNATION OF WILDERNESS, dition designated by paragraph (3) of sub- Sec. 12207. Authorization of appropriations. MONONGAHELA NATIONAL FOREST, Sec. 12208. Definitions. section (a) and the Roaring Plains West Wil- WEST VIRGINIA. derness Area designated by paragraph (5) of Subtitle C—Integrated Coastal and Ocean (a) DESIGNATION.—In furtherance of the such subsection, in a manner compatible Observation System Act of 2009 purposes of the Wilderness Act (16 U.S.C. 1131 with the preservation of such areas as wil- et seq.), the following Federal lands within Sec. 12301. Short title. derness. Sec. 12302. Purposes. the Monongahela National Forest in the Sec. 12303. Definitions. State of West Virginia are designated as wil- (d) EFFECTIVE DATE OF WILDERNESS ACT.— Sec. 12304. Integrated coastal and ocean ob- derness and as either a new component of the With respect to the Federal lands designated serving system. National Wilderness Preservation System or as wilderness by subsection (a), any ref- Sec. 12305. Interagency financing and agree- as an addition to an existing component of erence in the Wilderness Act (16 U.S.C. 1131 ments. the National Wilderness Preservation Sys- et seq.) to the effective date of the Wilder- Sec. 12306. Application with other laws. tem: ness Act shall be deemed to be a reference to Sec. 12307. Report to Congress. (1) Certain Federal land comprising ap- the date of the enactment of this Act. Sec. 12308. Public-private use policy. proximately 5,144 acres, as generally de- Sec. 12309. Independent cost estimate. picted on the map entitled ‘‘Big Draft Pro- (e) FISH AND WILDLIFE.—As provided in sec- Sec. 12310. Intent of Congress. posed Wilderness’’ and dated March 11, 2008, tion 4(d)(7) of the Wilderness Act (16 U.S.C. Sec. 12311. Authorization of appropriations. which shall be known as the ‘‘Big Draft Wil- 1133(d)(7)), nothing in this section affects the Subtitle D—Federal Ocean Acidification derness’’. jurisdiction or responsibility of the State of Research and Monitoring Act of 2009 (2) Certain Federal land comprising ap- West Virginia with respect to wildlife and Sec. 12401. Short title. proximately 11,951 acres, as generally de- fish.

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SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL (2) SECRETARY.—The term ‘‘Secretary’’ 2008, which is incorporated in the Shawvers FORK SOUTH WILDERNESS, means the Secretary of Agriculture. Run Wilderness designated by paragraph (4). MONONGAHELA NATIONAL FOREST. SEC. 1102. DESIGNATION OF ADDITIONAL NA- ‘‘(19) Certain land in the Jefferson National (a) BOUNDARY ADJUSTMENT.—The boundary TIONAL FOREST SYSTEM LAND IN Forest comprising approximately 1,203 acres, of the Laurel Fork South Wilderness des- JEFFERSON NATIONAL FOREST AS as generally depicted on the map entitled ignated by section 1(3) of Public Law 97–466 WILDERNESS OR A WILDERNESS ‘Peters Mountain Addition’ and dated April STUDY AREA. (96 Stat. 2538) is modified to exclude two par- 28, 2008, which is incorporated in the Peters (a) DESIGNATION OF WILDERNESS.—Section 1 cels of land, as generally depicted on the Mountain Wilderness designated by section map entitled ‘‘Monongahela National Forest of Public Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended— 2(7) of the Virginia Wilderness Act of 1984 (16 Laurel Fork South Wilderness Boundary U.S.C. 1132 note; Public Law 98–586). Modification’’ and dated March 11, 2008, and (1) in the matter preceding paragraph (1), by striking ‘‘System—’’ and inserting ‘‘Sys- ‘‘(20) Certain land in the Jefferson National more particularly described according to the Forest comprising approximately 263 acres, site-specific maps and legal descriptions on tem:’’; (2) by striking ‘‘certain’’ each place it ap- as generally depicted on the map entitled file in the office of the Forest Supervisor, ‘Kimberling Creek Additions and Potential Monongahela National Forest. The general pears and inserting ‘‘Certain’’; (3) in each of paragraphs (1) through (6), by Wilderness Area’ and dated April 28, 2008, map shall be on file and available for public which is incorporated in the Kimberling inspection in the Office of the Chief of the striking the semicolon at the end and insert- ing a period; Creek Wilderness designated by section 2(2) Forest Service. of the Virginia Wilderness Act of 1984 (16 (b) MANAGEMENT.—Federally owned land (4) in paragraph (7), by striking ‘‘; and’’ and inserting a period; and U.S.C. 1132 note; Public Law 98–586).’’. delineated on the maps referred to in sub- (b) DESIGNATION OF WILDERNESS STUDY section (a) as the Laurel Fork South Wilder- (5) by adding at the end the following: ‘‘(9) Certain land in the Jefferson National AREA.—The Virginia Wilderness Act of 1984 ness, as modified by such subsection, shall (16 U.S.C. 1132 note; Public Law 98–586) is continue to be administered by the Sec- Forest comprising approximately 3,743 acres, as generally depicted on the map entitled amended— retary of Agriculture in accordance with the (1) in the first section, by inserting ‘‘as’’ Wilderness Act (16 U.S.C. 1131 et seq.). ‘Brush Mountain and Brush Mountain East’ and dated May 5, 2008, which shall be known after ‘‘cited’’; and SEC. 1003. MONONGAHELA NATIONAL FOREST (2) in section 6(a)— BOUNDARY CONFIRMATION. as the ‘Brush Mountain East Wilderness’. ‘‘(10) Certain land in the Jefferson National (A) by striking ‘‘certain’’ each place it ap- (a) IN GENERAL.—The boundary of the pears and inserting ‘‘Certain’’; Monongahela National Forest is confirmed Forest comprising approximately 4,794 acres, as generally depicted on the map entitled (B) in each of paragraphs (1) and (2), by to include the tracts of land as generally de- striking the semicolon at the end and insert- picted on the map entitled ‘‘Monongahela ‘Brush Mountain and Brush Mountain East’ and dated May 5, 2008, which shall be known ing a period; National Forest Boundary Confirmation’’ (C) in paragraph (3), by striking ‘‘; and’’ and dated March 13, 2008, and all Federal as the ‘Brush Mountain Wilderness’. ‘‘(11) Certain land in the Jefferson National and inserting a period; and lands under the jurisdiction of the Secretary (D) by adding at the end the following: of Agriculture, acting through the Chief of Forest comprising approximately 4,223 acres, as generally depicted on the map entitled ‘‘(5) Certain land in the Jefferson National the Forest Service, encompassed within such Forest comprising approximately 3,226 acres, boundary shall be managed under the laws ‘Seng Mountain and Raccoon Branch’ and dated April 28, 2008, which shall be known as as generally depicted on the map entitled and regulations pertaining to the National ‘Lynn Camp Creek Wilderness Study Area’ Forest System. the ‘Raccoon Branch Wilderness’. ‘‘(12) Certain land in the Jefferson National and dated April 28, 2008, which shall be (b) LAND AND WATER CONSERVATION Forest comprising approximately 3,270 acres, known as the ‘Lynn Camp Creek Wilderness FUND.—For the purposes of section 7 of the as generally depicted on the map entitled Study Area’.’’. Land and Water Conservation Fund Act of SEC. 1103. DESIGNATION OF KIMBERLING CREEK 1965 (16 U.S.C. 460l–9), the boundaries of the ‘Stone Mountain’ and dated April 28, 2008, which shall be known as the ‘Stone Moun- POTENTIAL WILDERNESS AREA, JEF- Monongahela National Forest, as confirmed FERSON NATIONAL FOREST, VIR- by subsection (a), shall be considered to be tain Wilderness’. GINIA. the boundaries of the Monongahela National ‘‘(13) Certain land in the Jefferson National (a) DESIGNATION.—In furtherance of the Forest as of January 1, 1965. Forest comprising approximately 8,470 acres, purposes of the Wilderness Act (16 U.S.C. 1131 as generally depicted on the map entitled SEC. 1004. ENHANCED TRAIL OPPORTUNITIES. et seq.), certain land in the Jefferson Na- ‘Garden Mountain and Hunting Camp Creek’ (a) PLAN.— tional Forest comprising approximately 349 and dated April 28, 2008, which shall be (1) IN GENERAL.—The Secretary of Agri- acres, as generally depicted on the map enti- known as the ‘Hunting Camp Creek Wilder- culture, in consultation with interested par- tled ‘‘Kimberling Creek Additions and Poten- ness’. ties, shall develop a plan to provide for en- tial Wilderness Area’’ and dated April 28, ‘‘(14) Certain land in the Jefferson National hanced nonmotorized recreation trail oppor- 2008, is designated as a potential wilderness Forest comprising approximately 3,291 acres, tunities on lands not designated as wilder- area for incorporation in the Kimberling as generally depicted on the map entitled ness within the Monongahela National For- Creek Wilderness designated by section 2(2) ‘Garden Mountain and Hunting Camp Creek’ est. of the Virginia Wilderness Act of 1984 (16 and dated April 28, 2008, which shall be (2) NONMOTORIZED RECREATION TRAIL DE- U.S.C. 1132 note; Public Law 98–586). known as the ‘Garden Mountain Wilderness’. ANAGEMENT FINED.—For the purposes of this subsection, (b) M .—Except as provided in ‘‘(15) Certain land in the Jefferson National the term ‘‘nonmotorized recreation trail’’ subsection (c) and subject to valid existing Forest comprising approximately 5,476 acres, means a trail designed for hiking, bicycling, rights, the Secretary shall manage the po- as generally depicted on the map entitled and equestrian use. tential wilderness area in accordance with ‘Mountain Lake Additions’ and dated April (b) REPORT.—Not later than two years the Wilderness Act (16 U.S.C. 1131 et seq.). 28, 2008, which is incorporated in the Moun- after the date of the enactment of this Act, (c) ECOLOGICAL RESTORATION.— tain Lake Wilderness designated by section the Secretary of Agriculture shall submit to (1) IN GENERAL.—For purposes of ecological 2(6) of the Virginia Wilderness Act of 1984 (16 Congress a report on the implementation of restoration (including the elimination of U.S.C. 1132 note; Public Law 98–586). the plan required under subsection (a), in- nonnative species, removal of illegal, un- ‘‘(16) Certain land in the Jefferson National cluding the identification of priority trails used, or decommissioned roads, and any Forest comprising approximately 308 acres, for development. other activity necessary to restore the nat- as generally depicted on the map entitled ural ecosystems in the potential wilderness (c) CONSIDERATION OF CONVERSION OF FOR- ‘Lewis Fork Addition and Little Wilson area), the Secretary may use motorized EST ROADS TO RECREATIONAL USES.—In con- Creek Additions’ and dated April 28, 2008, sidering possible closure and decommis- equipment and mechanized transport in the which is incorporated in the Lewis Fork Wil- sioning of a Forest Service road within the potential wilderness area until the date on derness designated by section 2(3) of the Vir- Monongahela National Forest after the date which the potential wilderness area is incor- ginia Wilderness Act of 1984 (16 U.S.C. 1132 of the enactment of this Act, the Secretary porated into the Kimberling Creek Wilder- note; Public Law 98–586). of Agriculture, in accordance with applicable ness. ‘‘(17) Certain land in the Jefferson National law, may consider converting the road to (2) LIMITATION.—To the maximum extent Forest comprising approximately 1,845 acres, nonmotorized uses to enhance recreational practicable, the Secretary shall use the min- as generally depicted on the map entitled opportunities within the Monongahela Na- imum tool or administrative practice nec- ‘Lewis Fork Addition and Little Wilson tional Forest. essary to accomplish ecological restoration Creek Additions’ and dated April 28, 2008, with the least amount of adverse impact on Subtitle B—Virginia Ridge and Valley which is incorporated in the Little Wilson wilderness character and resources. Wilderness Creek Wilderness designated by section 2(5) (d) WILDERNESS DESIGNATION.—The poten- SEC. 1101. DEFINITIONS. of the Virginia Wilderness Act of 1984 (16 tial wilderness area shall be designated as In this subtitle: U.S.C. 1132 note; Public Law 98–586). wilderness and incorporated in the (1) SCENIC AREAS.—The term ‘‘scenic areas’’ ‘‘(18) Certain land in the Jefferson National Kimberling Creek Wilderness on the earlier means the Seng Mountain National Scenic Forest comprising approximately 2,219 acres, of— Area and the Bear Creek National Scenic as generally depicted on the map entitled (1) the date on which the Secretary pub- Area. ‘Shawvers Run Additions’ and dated April 28, lishes in the Federal Register notice that the

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.032 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S435 conditions in the potential wilderness area rimeter roads in the scenic areas, subject to House of Representatives maps and boundary that are incompatible with the Wilderness any conditions that the Secretary may im- descriptions of— Act (16 U.S.C. 1131 et seq.) have been re- pose. (1) the scenic areas; moved; or (g) INSECT AND DISEASE OUTBREAKS.—The (2) the wilderness areas designated by para- (2) the date that is 5 years after the date of Secretary may control insect and disease graphs (9) through (20) of section 1 of Public enactment of this Act. outbreaks— Law 100–326 (16 U.S.C. 1132 note) (as added by SEC. 1104. SENG MOUNTAIN AND BEAR CREEK (1) to maintain scenic quality; section 1102(a)(5)); SCENIC AREAS, JEFFERSON NA- (2) to prevent tree mortality; (3) the wilderness study area designated by TIONAL FOREST, VIRGINIA. (3) to reduce hazards to visitors; or section 6(a)(5) of the Virginia Wilderness Act (a) ESTABLISHMENT.—There are designated (4) to protect private land. of 1984 (16 U.S.C. 1132 note; Public Law 98– as National Scenic Areas— (h) VEGETATION MANAGEMENT.—The Sec- 586) (as added by section 1102(b)(2)(D)); and (1) certain National Forest System land in retary may engage in vegetation manipula- (4) the potential wilderness area designated the Jefferson National Forest, comprising tion practices in the scenic areas to main- by section 1103(a). approximately 5,192 acres, as generally de- tain the visual quality and wildlife clearings (b) FORCE AND EFFECT.—The maps and picted on the map entitled ‘‘Seng Mountain in existence on the date of enactment of this boundary descriptions filed under subsection and Raccoon Branch’’ and dated April 28, Act. (a) shall have the same force and effect as if 2008, which shall be known as the ‘‘Seng (i) MOTORIZED VEHICLES.— included in this subtitle, except that the Mountain National Scenic Area’’; and (1) IN GENERAL.—Except as provided in Secretary may correct any minor errors in (2) certain National Forest System land in paragraph (2), motorized vehicles shall not the maps and boundary descriptions. the Jefferson National Forest, comprising be allowed within the scenic areas. (c) AVAILABILITY OF MAP AND BOUNDARY approximately 5,128 acres, as generally de- (2) EXCEPTIONS.—The Secretary may au- DESCRIPTION.—The maps and boundary de- picted on the map entitled ‘‘Bear Creek’’ and thorize the use of motorized vehicles— scriptions filed under subsection (a) shall be dated April 28, 2008, which shall be known as (A) to carry out administrative activities on file and available for public inspection in the ‘‘Bear Creek National Scenic Area’’. that further the purposes of the scenic areas, the Office of the Chief of the Forest Service. (b) PURPOSES.—The purposes of the scenic as described in subsection (b); (d) CONFLICT.—In the case of a conflict be- areas are— (B) to assist wildlife management projects tween a map filed under subsection (a) and (1) to ensure the protection and preserva- in existence on the date of enactment of this the acreage of the applicable areas specified tion of scenic quality, water quality, natural Act; and in this subtitle, the map shall control. characteristics, and water resources of the (C) during deer and bear hunting seasons— SEC. 1107. EFFECTIVE DATE. scenic areas; (i) on Forest Development Roads 49410 and Any reference in the Wilderness Act (16 (2) consistent with paragraph (1), to pro- 84b; and U.S.C. 1131 et seq.) to the effective date of tect wildlife and fish habitat in the scenic (ii) on the portion of Forest Development that Act shall be considered to be a reference areas; Road 6261 designated on the map described in to the date of enactment of this Act for pur- (3) to protect areas in the scenic areas that subsection (a)(2) as ‘‘open seasonally’’. poses of administering— may develop characteristics of old-growth (j) WILDFIRE SUPPRESSION.—Wildfire sup- (1) the wilderness areas designated by para- forests; and pression within the scenic areas shall be con- graphs (9) through (20) of section 1 of Public (4) consistent with paragraphs (1), (2), and ducted— Law 100–326 (16 U.S.C. 1132 note) (as added by (3), to provide a variety of recreation oppor- (1) in a manner consistent with the pur- section 1102(a)(5)); and tunities in the scenic areas. poses of the scenic areas, as described in sub- (2) the potential wilderness area designated (c) ADMINISTRATION.— section (b); and by section 1103(a). (1) IN GENERAL.—The Secretary shall ad- (2) using such means as the Secretary de- Subtitle C—Mt. Hood Wilderness, Oregon minister the scenic areas in accordance termines to be appropriate. with— SEC. 1201. DEFINITIONS. (k) WATER.—The Secretary shall admin- In this subtitle: (A) this subtitle; and ister the scenic areas in a manner that main- (B) the laws (including regulations) gen- (1) SECRETARY.—The term ‘‘Secretary’’ tains and enhances water quality. means the Secretary of Agriculture. erally applicable to the National Forest Sys- (l) WITHDRAWAL.—Subject to valid existing tem. (2) STATE.—The term ‘‘State’’ means the rights, all Federal land in the scenic areas is State of Oregon. (2) AUTHORIZED USES.—The Secretary shall withdrawn from— SEC. 1202. DESIGNATION OF WILDERNESS AREAS. only allow uses of the scenic areas that the (1) location, entry, and patent under the (a) DESIGNATION OF LEWIS AND CLARK Secretary determines will further the pur- mining laws; and poses of the scenic areas, as described in sub- MOUNT HOOD WILDERNESS AREAS.—In accord- (2) operation of the mineral leasing and ance with the Wilderness Act (16 U.S.C. 1131 section (b). geothermal leasing laws. (d) MANAGEMENT PLAN.— et seq.), the following areas in the State of SEC. 1105. TRAIL PLAN AND DEVELOPMENT. (1) IN GENERAL.—Not later than 2 years Oregon are designated as wilderness areas after the date of enactment of this Act, the (a) TRAIL PLAN.—The Secretary, in con- and as components of the National Wilder- Secretary shall develop as an amendment to sultation with interested parties, shall es- ness Preservation System: the land and resource management plan for tablish a trail plan to develop— (1) BADGER CREEK WILDERNESS ADDITIONS.— the Jefferson National Forest a management (1) in a manner consistent with the Wilder- Certain Federal land managed by the Forest plan for the scenic areas. ness Act (16 U.S.C. 1131 et seq.), hiking and Service, comprising approximately 4,140 equestrian trails in the wilderness areas des- (2) EFFECT.—Nothing in this subsection re- acres, as generally depicted on the maps en- quires the Secretary to revise the land and ignated by paragraphs (9) through (20) of sec- titled ‘‘Badger Creek Wilderness—Badger resource management plan for the Jefferson tion 1 of Public Law 100–326 (16 U.S.C. 1132 Creek Additions’’ and ‘‘Badger Creek Wilder- National Forest under section 6 of the Forest note) (as added by section 1102(a)(5)); and ness—Bonney Butte’’, dated July 16, 2007, and Rangeland Renewable Resources Plan- (2) nonmotorized recreation trails in the which is incorporated in, and considered to ning Act of 1974 (16 U.S.C. 1604). scenic areas. be a part of, the Badger Creek Wilderness, as (e) ROADS.— (b) IMPLEMENTATION REPORT.—Not later designated by section 3(3) of the Oregon Wil- (1) IN GENERAL.—Except as provided in than 2 years after the date of enactment of derness Act of 1984 (16 U.S.C. 1132 note; 98 paragraph (2), after the date of enactment of this Act, the Secretary shall submit to Con- Stat. 273). this Act, no roads shall be established or gress a report that describes the implemen- (2) BULL OF THE WOODS WILDERNESS ADDI- constructed within the scenic areas. tation of the trail plan, including the identi- TION.—Certain Federal land managed by the (2) LIMITATION.—Nothing in this subsection fication of priority trails for development. Forest Service, comprising approximately denies any owner of private land (or an inter- (c) SUSTAINABLE TRAIL REQUIRED.—The 10,180 acres, as generally depicted on the map est in private land) that is located in a sce- Secretary shall develop a sustainable trail, entitled ‘‘Bull of the Woods Wilderness—Bull nic area the right to access the private land. using a contour curvilinear alignment, to of the Woods Additions’’, dated July 16, 2007, (f) TIMBER HARVEST.— provide for nonmotorized travel along the which is incorporated in, and considered to (1) IN GENERAL.—Except as provided in southern boundary of the Raccoon Branch be a part of, the Bull of the Woods Wilder- paragraphs (2) and (3), no harvesting of tim- Wilderness established by section 1(11) of ness, as designated by section 3(4) of the Or- ber shall be allowed within the scenic areas. Public Law 100–326 (16 U.S.C. 1132 note) (as egon Wilderness Act of 1984 (16 U.S.C. 1132 (2) EXCEPTIONS.—The Secretary may au- added by section 1102(a)(5)) connecting to note; 98 Stat. 273). thorize harvesting of timber in the scenic Forest Development Road 49352 in Smyth (3) CLACKAMAS WILDERNESS.—Certain Fed- areas if the Secretary determines that the County, Virginia. eral land managed by the Forest Service, harvesting is necessary to— SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS. comprising approximately 9,470 acres, as gen- (A) control fire; (a) IN GENERAL.—As soon as practicable erally depicted on the maps entitled (B) provide for public safety or trail access; after the date of enactment of this Act, the ‘‘Clackamas Wilderness—Big Bottom’’, or Secretary shall file with the Committee on ‘‘Clackamas Wilderness—Clackamas Can- (C) control insect and disease outbreaks. Energy and Natural Resources of the Senate yon’’, ‘‘Clackamas Wilderness—Memaloose (3) FIREWOOD FOR PERSONAL USE.—Firewood and the Committee on Natural Resources Lake’’, ‘‘Clackamas Wilderness—Sisi Butte’’, may be harvested for personal use along pe- and the Committee on Agriculture of the and ‘‘Clackamas Wilderness—South Fork

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Clackamas’’, dated July 16, 2007, which shall (B) MANAGEMENT.—The potential wilder- risdiction over the land within the wilder- be known as the ‘‘Clackamas Wilderness’’. ness area designated by subparagraph (A) ness. (4) MARK O. HATFIELD WILDERNESS ADDI- shall be managed in accordance with section (2) INCORPORATION OF ACQUIRED LAND AND TIONS.—Certain Federal land managed by the 4 of the Wilderness Act (16 U.S.C. 1133). INTERESTS.—Any land within the boundary of Forest Service, comprising approximately (C) DESIGNATION AS WILDERNESS.—On the a wilderness area designated by this section 25,960 acres, as generally depicted on the date on which the Secretary publishes in the that is acquired by the United States shall— maps entitled ‘‘Mark O. Hatfield Wilder- Federal Register notice that the conditions (A) become part of the wilderness area in ness—Gorge Face’’ and ‘‘Mark O. Hatfield in the potential wilderness area designated which the land is located; and Wilderness—Larch Mountain’’, dated July 16, by subparagraph (A) are compatible with the (B) be managed in accordance with this 2007, which is incorporated in, and considered Wilderness Act (16 U.S.C. 1131 et seq.), the section, the Wilderness Act (16 U.S.C. 1131 et to be a part of, the Mark O. Hatfield Wilder- potential wilderness shall be— seq.), and any other applicable law. ness, as designated by section 3(1) of the Or- (i) designated as wilderness and as a com- (f) BUFFER ZONES.— egon Wilderness Act of 1984 (16 U.S.C. 1132 ponent of the National Wilderness Preserva- (1) IN GENERAL.—As provided in the Oregon note; 98 Stat. 273). tion System; and Wilderness Act of 1984 (16 U.S.C. 1132 note; (5) MOUNT HOOD WILDERNESS ADDITIONS.— (ii) incorporated into the Roaring River Public Law 98–328), Congress does not intend Certain Federal land managed by the Forest Wilderness designated by subsection (a)(6). Service, comprising approximately 18,450 for designation of wilderness areas in the (2) ADDITION TO THE MOUNT HOOD WILDER- State under this section to lead to the cre- acres, as generally depicted on the maps en- NESS.—On completion of the land exchange titled ‘‘Mount Hood Wilderness—Barlow ation of protective perimeters or buffer zones under section 1206(a)(2), certain Federal land around each wilderness area. Butte’’, ‘‘Mount Hood Wilderness—Elk Cove/ managed by the Forest Service, comprising Mazama’’, ‘‘Richard L. Kohnstamm Memo- (2) ACTIVITIES OR USES UP TO BOUNDARIES.— approximately 1,710 acres, as generally de- The fact that nonwilderness activities or rial Area’’, ‘‘Mount Hood Wilderness—Sand picted on the map entitled ‘‘Mount Hood Wil- Canyon’’, ‘‘Mount Hood Wilderness—Sandy uses can be seen or heard from within a wil- derness—Tilly Jane’’, dated July 20, 2007, derness area shall not, of itself, preclude the Additions’’, ‘‘Mount Hood Wilderness—Twin shall be incorporated in, and considered to be Lakes’’, and ‘‘Mount Hood Wilderness— activities or uses up to the boundary of the a part of, the Mount Hood Wilderness, as des- wilderness area. White River’’, dated July 16, 2007, and the ignated under section 3(a) of the Wilderness map entitled ‘‘Mount Hood Wilderness— Act (16 U.S.C. 1132(a)) and enlarged by sec- (g) FISH AND WILDLIFE.—Nothing in this Cloud Cap’’, dated July 20, 2007, which is in- tion 3(d) of the Endangered American Wil- section affects the jurisdiction or respon- corporated in, and considered to be a part of, derness Act of 1978 (16 U.S.C. 1132 note; 92 sibilities of the State with respect to fish the Mount Hood Wilderness, as designated Stat. 43) and subsection (a)(5). and wildlife. under section 3(a) of the Wilderness Act (16 (3) ADDITION TO THE SALMON-HUCKLEBERRY (h) FIRE, INSECTS, AND DISEASES.—As pro- U.S.C. 1132(a)) and enlarged by section 3(d) of WILDERNESS.—On acquisition by the United vided in section 4(d)(1) of the Wilderness Act the Endangered American Wilderness Act of States, the approximately 160 acres of land (16 U.S.C. 1133(d)(1)), within the wilderness 1978 (16 U.S.C. 1132 note; 92 Stat. 43). identified as ‘‘Land to be acquired by USFS’’ areas designated by this section, the Sec- (6) ROARING RIVER WILDERNESS.—Certain on the map entitled ‘‘Hunchback Mountain retary that has jurisdiction over the land Federal land managed by the Forest Service, Land Exchange, Clackamas County’’, dated within the wilderness (referred to in this comprising approximately 36,550 acres, as June 2006, shall be incorporated in, and con- subsection as the ‘‘Secretary’’) may take generally depicted on the map entitled sidered to be a part of, the Salmon- such measures as are necessary to control ‘‘Roaring River Wilderness—Roaring River Huckleberry Wilderness, as designated by fire, insects, and diseases, subject to such Wilderness’’, dated July 16, 2007, which shall section 3(2) of the Oregon Wilderness Act of terms and conditions as the Secretary deter- be known as the ‘‘Roaring River Wilder- 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and en- mines to be desirable and appropriate. ness’’. larged by subsection (a)(7). (7) SALMON-HUCKLEBERRY WILDERNESS ADDI- (i) WITHDRAWAL.—Subject to valid rights in (d) MAPS AND LEGAL DESCRIPTIONS.— TIONS.—Certain Federal land managed by the existence on the date of enactment of this (1) IN GENERAL.—As soon as practicable Forest Service, comprising approximately Act, the Federal land designated as wilder- after the date of enactment of this Act, the 16,620 acres, as generally depicted on the ness by this section is withdrawn from all Secretary shall file a map and a legal de- maps entitled ‘‘Salmon-Huckleberry Wilder- forms of— scription of each wilderness area and poten- ness—Alder Creek Addition’’, ‘‘Salmon- (1) entry, appropriation, or disposal under tial wilderness area designated by this sec- Huckleberry Wilderness—Eagle Creek Addi- the public land laws; tion, with— tion’’, ‘‘Salmon-Huckleberry Wilderness— (2) location, entry, and patent under the (A) the Committee on Energy and Natural Hunchback Mountain’’, ‘‘Salmon- mining laws; and Resources of the Senate; and Huckleberry Wilderness—Inch Creek’’, (3) disposition under all laws pertaining to (B) the Committee on Natural Resources of ‘‘Salmon-Huckleberry Wilderness—Mirror mineral and geothermal leasing or mineral the House of Representatives. Lake’’, and ‘‘Salmon-Huckleberry Wilder- materials. (2) FORCE OF LAW.—The maps and legal de- ness—Salmon River Meadows’’, dated July scriptions filed under paragraph (1) shall SEC. 1203. DESIGNATION OF STREAMS FOR WILD 16, 2007, which is incorporated in, and consid- have the same force and effect as if included AND SCENIC RIVER PROTECTION IN ered to be a part of, the Salmon-Huckleberry in this subtitle, except that the Secretary THE MOUNT HOOD AREA. Wilderness, as designated by section 3(2) of may correct typographical errors in the the Oregon Wilderness Act of 1984 (16 U.S.C. (a) WILD AND SCENIC RIVER DESIGNATIONS, maps and legal descriptions. 1132 note; 98 Stat. 273). MOUNT HOOD NATIONAL FOREST.— (3) PUBLIC AVAILABILITY.—Each map and (1) IN GENERAL.—Section 3(a) of the Wild (8) LOWER WHITE RIVER WILDERNESS.—Cer- legal description filed under paragraph (1) tain Federal land managed by the Forest and Scenic Rivers Act (16 U.S.C. 1274(a)) is shall be on file and available for public in- Service and Bureau of Land Management, amended by adding at the end the following: spection in the appropriate offices of the comprising approximately 2,870 acres, as gen- ‘‘(171) SOUTH FORK CLACKAMAS RIVER, OR- Forest Service and Bureau of Land Manage- erally depicted on the map entitled ‘‘Lower EGON.—The 4.2-mile segment of the South ment. White River Wilderness—Lower White Fork Clackamas River from its confluence (4) DESCRIPTION OF LAND.—The boundaries River’’, dated July 16, 2007, which shall be with the East Fork of the South Fork of the areas designated as wilderness by sub- known as the ‘‘Lower White River Wilder- Clackamas to its confluence with the section (a) that are immediately adjacent to ness’’. Clackamas River, to be administered by the a utility right-of-way or a Federal Energy (b) RICHARD L. KOHNSTAMM MEMORIAL Secretary of Agriculture as a wild river. Regulatory Commission project boundary AREA.—Certain Federal land managed by the ‘‘(172) EAGLE CREEK, OREGON.—The 8.3-mile Forest Service, as generally depicted on the shall be 100 feet from the boundary of the segment of Eagle Creek from its headwaters map entitled ‘‘Richard L. Kohnstamm Me- right-of-way or the project boundary. to the Mount Hood National Forest bound- morial Area’’, dated July 16, 2007, is des- (e) ADMINISTRATION.— ary, to be administered by the Secretary of ignated as the ‘‘Richard L. Kohnstamm Me- (1) IN GENERAL.—Subject to valid existing Agriculture as a wild river. morial Area’’. rights, each area designated as wilderness by ‘‘(173) MIDDLE FORK HOOD RIVER.—The 3.7- (c) POTENTIAL WILDERNESS AREA; ADDI- this section shall be administered by the mile segment of the Middle Fork Hood River TIONS TO WILDERNESS AREAS.— Secretary that has jurisdiction over the land from the confluence of Clear and Coe (1) ROARING RIVER POTENTIAL WILDERNESS within the wilderness, in accordance with Branches to the north section line of section AREA.— the Wilderness Act (16 U.S.C. 1131 et seq.), 11, township 1 south, range 9 east, to be ad- (A) IN GENERAL.—In furtherance of the pur- except that— ministered by the Secretary of Agriculture poses of the Wilderness Act (16 U.S.C. 1131 et (A) any reference in that Act to the effec- as a scenic river. seq.), certain Federal land managed by the tive date shall be considered to be a ref- ‘‘(174) SOUTH FORK ROARING RIVER, OR- Forest Service, comprising approximately erence to the date of enactment of this Act; EGON.—The 4.6-mile segment of the South 900 acres identified as ‘‘Potential Wilder- and Fork Roaring River from its headwaters to ness’’ on the map entitled ‘‘Roaring River (B) any reference in that Act to the Sec- its confluence with Roaring River, to be ad- Wilderness’’, dated July 16, 2007, is des- retary of Agriculture shall be considered to ministered by the Secretary of Agriculture ignated as a potential wilderness area. be a reference to the Secretary that has ju- as a wild river.

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‘‘(175) ZIG ZAG RIVER, OREGON.—The 4.3-mile and ‘‘National Recreation Areas—Shellrock (2) location, entry, and patent under the segment of the Zig Zag River from its head- Mountain’’, dated February 2007. mining laws; and waters to the Mount Hood Wilderness bound- (c) MAP AND LEGAL DESCRIPTION.— (3) disposition under all laws relating to ary, to be administered by the Secretary of (1) SUBMISSION OF LEGAL DESCRIPTION.—As mineral and geothermal leasing. Agriculture as a wild river. soon as practicable after the date of enact- (h) TRANSFER OF ADMINISTRATIVE JURISDIC- ‘‘(176) FIFTEENMILE CREEK, OREGON.— ment of this Act, the Secretary shall file a TION.— ‘‘(A) IN GENERAL.—The 11.1-mile segment of map and a legal description of the Mount (1) IN GENERAL.—Administrative jurisdic- Fifteenmile Creek from its source at Senecal Hood National Recreation Area with— tion over the Federal land described in para- Spring to the southern edge of the northwest (A) the Committee on Energy and Natural graph (2) is transferred from the Bureau of quarter of the northwest quarter of section Resources of the Senate; and Land Management to the Forest Service. 20, township 2 south, range 12 east, to be ad- (B) the Committee on Natural Resources of (2) DESCRIPTION OF LAND.—The land re- ministered by the Secretary of Agriculture the House of Representatives. ferred to in paragraph (1) is the approxi- in the following classes: (2) FORCE OF LAW.—The map and legal de- mately 130 acres of land administered by the ‘‘(i) The 2.6-mile segment from its source scription filed under paragraph (1) shall have Bureau of Land Management that is within at Senecal Spring to the Badger Creek Wil- the same force and effect as if included in or adjacent to the Mount Hood National derness boundary, as a wild river. this subtitle, except that the Secretary may Recreation Area and that is identified as ‘‘(ii) The 0.4-mile segment from the Badger correct typographical errors in the map and ‘‘BLM Lands’’ on the map entitled ‘‘National Creek Wilderness boundary to the point 0.4 the legal description. Recreation Areas—Shellrock Mountain’’, miles downstream, as a scenic river. (3) PUBLIC AVAILABILITY.—The map and dated February 2007. legal description filed under paragraph (1) ‘‘(iii) The 7.9-mile segment from the point SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, 0.4 miles downstream of the Badger Creek shall be on file and available for public in- UPPER BIG BOTTOM, AND CULTUS Wilderness boundary to the western edge of spection in the appropriate offices of the CREEK. Forest Service. section 20, township 2 south, range 12 east as (a) CRYSTAL SPRINGS WATERSHED SPECIAL (d) ADMINISTRATION.— a wild river. RESOURCES MANAGEMENT UNIT.— (1) IN GENERAL.—The Secretary shall— ‘‘(iv) The 0.2-mile segment from the west- (1) ESTABLISHMENT.— (A) administer the Mount Hood National ern edge of section 20, township 2 south, (A) IN GENERAL.—On completion of the land Recreation Area— range 12 east, to the southern edge of the exchange under section 1206(a)(2), there shall (i) in accordance with the laws (including northwest quarter of the northwest quarter be established a special resources manage- regulations) and rules applicable to the Na- of section 20, township 2 south, range 12 east ment unit in the State consisting of certain tional Forest System; and as a scenic river. Federal land managed by the Forest Service, (ii) consistent with the purposes described ‘‘(B) INCLUSIONS.—Notwithstanding section as generally depicted on the map entitled in subsection (a); and 3(b), the lateral boundaries of both the wild ‘‘Crystal Springs Watershed Special Re- (B) only allow uses of the Mount Hood Na- river area and the scenic river area along sources Management Unit’’, dated June 2006 tional Recreation Area that are consistent Fifteenmile Creek shall include an average (referred to in this subsection as the ‘‘map’’), with the purposes described in subsection (a). of not more than 640 acres per mile measured to be known as the ‘‘Crystal Springs Water- (2) APPLICABLE LAW.—Any portion of a wil- from the ordinary high water mark on both shed Special Resources Management Unit’’ derness area designated by section 1202 that sides of the river. (referred to in this subsection as the ‘‘Man- is located within the Mount Hood National ‘‘(177) EAST FORK HOOD RIVER, OREGON.—The agement Unit’’). Recreation Area shall be administered in ac- 13.5-mile segment of the East Fork Hood (B) EXCLUSION OF CERTAIN LAND.—The Man- cordance with the Wilderness Act (16 U.S.C. River from Oregon State Highway 35 to the agement Unit does not include any National 1131 et seq.). Mount Hood National Forest boundary, to be Forest System land otherwise covered by (e) TIMBER.—The cutting, sale, or removal administered by the Secretary of Agriculture subparagraph (A) that is designated as wil- as a recreational river. of timber within the Mount Hood National Recreation Area may be permitted— derness by section 1202. ‘‘(178) COLLAWASH RIVER, OREGON.—The (C) WITHDRAWAL.— 17.8-mile segment of the Collawash River (1) to the extent necessary to improve the health of the forest in a manner that— (i) IN GENERAL.—Subject to valid rights in from the headwaters of the East Fork existence on the date of enactment of this Collawash to the confluence of the main- (A) maximizes the retention of large trees— Act, the Federal land designated as the Man- stream of the Collawash River with the agement Unit is withdrawn from all forms Clackamas River, to be administered by the (i) as appropriate to the forest type; and (ii) to the extent that the trees promote of— Secretary of Agriculture in the following (I) entry, appropriation, or disposal under classes: stands that are fire-resilient and healthy; (B) improves the habitats of threatened, the public land laws; ‘‘(A) The 11.0-mile segment from the head- (II) location, entry, and patent under the waters of the East Fork Collawash River to endangered, or sensitive species; or (C) maintains or restores the composition mining laws; and Buckeye Creek, as a scenic river. (III) disposition under all laws pertaining ‘‘(B) The 6.8-mile segment from Buckeye and structure of the ecosystem by reducing the risk of uncharacteristic wildfire; to mineral and geothermal leasing or min- Creek to the Clackamas River, as a rec- eral materials. reational river. (2) to accomplish an approved management activity in furtherance of the purposes estab- (ii) EXCEPTION.—Clause (i)(I) does not apply ‘‘(179) FISH CREEK, OREGON.—The 13.5-mile lished by this section, if the cutting, sale, or to the parcel of land generally depicted as segment of Fish Creek from its headwaters ‘‘HES 151’’ on the map. to the confluence with the Clackamas River, removal of timber is incidental to the man- agement activity; or (2) PURPOSES.—The purposes of the Man- to be administered by the Secretary of Agri- agement Unit are— culture as a recreational river.’’. (3) for de minimus personal or administra- tive use within the Mount Hood National (A) to ensure the protection of the quality (2) EFFECT.—The amendments made by Recreation Area, where such use will not im- and quantity of the Crystal Springs water- paragraph (1) do not affect valid existing shed as a clean drinking water source for the water rights. pair the purposes established by this section. (f) ROAD CONSTRUCTION.—No new or tem- residents of Hood River County, Oregon; and (b) PROTECTION FOR HOOD RIVER, OREGON.— (B) to allow visitors to enjoy the special Section 13(a)(4) of the ‘‘Columbia River porary roads shall be constructed or recon- structed within the Mount Hood National scenic, natural, cultural, and wildlife values Gorge National Scenic Area Act’’ (16 U.S.C. of the Crystal Springs watershed. 544k(a)(4)) is amended by striking ‘‘for a pe- Recreation Area except as necessary— (3) MAP AND LEGAL DESCRIPTION.— riod not to exceed twenty years from the (1) to protect the health and safety of indi- (A) SUBMISSION OF LEGAL DESCRIPTION.—As date of enactment of this Act,’’. viduals in cases of an imminent threat of flood, fire, or any other catastrophic event soon as practicable after the date of enact- SEC. 1204. MOUNT HOOD NATIONAL RECREATION ment of this Act, the Secretary shall file a AREA. that, without intervention, would cause the map and a legal description of the Manage- (a) DESIGNATION.—To provide for the pro- loss of life or property; tection, preservation, and enhancement of (2) to conduct environmental cleanup re- ment Unit with— recreational, ecological, scenic, cultural, wa- quired by the United States; (i) the Committee on Energy and Natural tershed, and fish and wildlife values, there is (3) to allow for the exercise of reserved or Resources of the Senate; and established the Mount Hood National Recre- outstanding rights provided for by a statute (ii) the Committee on Natural Resources of ation Area within the Mount Hood National or treaty; the House of Representatives. Forest. (4) to prevent irreparable resource damage (B) FORCE OF LAW.—The map and legal de- (b) BOUNDARY.—The Mount Hood National by an existing road; or scription filed under subparagraph (A) shall Recreation Area shall consist of certain Fed- (5) to rectify a hazardous road condition. have the same force and effect as if included eral land managed by the Forest Service and (g) WITHDRAWAL.—Subject to valid existing in this subtitle, except that the Secretary Bureau of Land Management, comprising ap- rights, all Federal land within the Mount may correct typographical errors in the map proximately 34,550 acres, as generally de- Hood National Recreation Area is withdrawn and legal description. picted on the maps entitled ‘‘National Recre- from— (C) PUBLIC AVAILABILITY.—The map and ation Areas—Mount Hood NRA’’, ‘‘National (1) all forms of entry, appropriation, or dis- legal description filed under subparagraph Recreation Areas—Fifteenmile Creek NRA’’, posal under the public land laws; (A) shall be on file and available for public

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inspection in the appropriate offices of the (A) IN GENERAL.—The Secretary may ac- Hood National Forest in Government Camp, Forest Service. quire from willing landowners any land lo- Clackamas County, Oregon, identified as (4) ADMINISTRATION.— cated within the area identified on the map ‘‘USFS Land to be Conveyed’’ on the ex- (A) IN GENERAL.—The Secretary shall— as the ‘‘Crystal Springs Zone of Contribu- change map. (i) administer the Management Unit— tion’’. (D) MT. HOOD MEADOWS.—The term ‘‘Mt. (I) in accordance with the laws (including (B) INCLUSION IN MANAGEMENT UNIT.—On Hood Meadows’’ means the Mt. Hood Mead- regulations) and rules applicable to units of the date of acquisition, any land acquired ows Oregon, Limited Partnership. the National Forest System; and under subparagraph (A) shall be incorporated (E) NON-FEDERAL LAND.—The term ‘‘non- (II) consistent with the purposes described in, and be managed as part of, the Manage- Federal land’’ means— in paragraph (2); and ment Unit. (i) the parcel of approximately 770 acres of (ii) only allow uses of the Management (b) PROTECTIONS FOR UPPER BIG BOTTOM private land at Cooper Spur identified as Unit that are consistent with the purposes AND CULTUS CREEK.— ‘‘Land to be acquired by USFS’’ on the ex- described in paragraph (2). (1) IN GENERAL.—The Secretary shall man- change map; and (B) FUEL REDUCTION IN PROXIMITY TO IM- age the Federal land administered by the (ii) any buildings, furniture, fixtures, and PROVEMENTS AND PRIMARY PUBLIC ROADS.—To Forest Service described in paragraph (2) in equipment at the Inn at Cooper Spur and the protect the water quality, water quantity, a manner that preserves the natural and Cooper Spur Ski Area covered by an ap- and scenic, cultural, natural, and wildlife primitive character of the land for rec- praisal described in paragraph (2)(D). values of the Management Unit, the Sec- reational, scenic, and scientific use. (2) COOPER SPUR-GOVERNMENT CAMP LAND retary may conduct fuel reduction and forest (2) DESCRIPTION OF LAND.—The Federal EXCHANGE.— health management treatments to maintain land referred to in paragraph (1) is— (A) CONVEYANCE OF LAND.—Subject to the and restore fire-resilient forest structures (A) the approximately 1,580 acres, as gen- provisions of this subsection, if Mt. Hood containing late successional forest structure erally depicted on the map entitled ‘‘Upper Meadows offers to convey to the United characterized by large trees and multistoried Big Bottom’’, dated July 16, 2007; and States all right, title, and interest of Mt. canopies, as ecologically appropriate, on Na- (B) the approximately 280 acres identified Hood Meadows in and to the non-Federal tional Forest System land in the Manage- as ‘‘Cultus Creek’’ on the map entitled land, the Secretary shall convey to Mt. Hood ment Unit— ‘‘Clackamas Wilderness—South Fork Meadows all right, title, and interest of the (i) in any area located not more than 400 Clackamas’’, dated July 16, 2007. United States in and to the Federal land feet from structures located on— (3) MAPS AND LEGAL DESCRIPTIONS.— (other than any easements reserved under (I) National Forest System land; or (A) IN GENERAL.—As soon as practicable subparagraph (G)), subject to valid existing (II) private land adjacent to National For- after the date of enactment of this Act, the rights. est System land; Secretary shall file maps and legal descrip- (B) COMPLIANCE WITH EXISTING LAW.—Ex- (ii) in any area located not more than 400 tions of the Federal land described in para- cept as otherwise provided in this sub- feet from the Cooper Spur Road, the Cloud graph (2) with— section, the Secretary shall carry out the Cap Road, or the Cooper Spur Ski Area Loop (i) the Committee on Energy and Natural land exchange under this subsection in ac- Road; and Resources of the Senate; and cordance with section 206 of the Federal (iii) on any other National Forest System (ii) the Committee on Natural Resources of Land Policy and Management Act of 1976 (43 land in the Management Unit, with priority the House of Representatives. U.S.C. 1716). given to activities that restore previously (B) FORCE OF LAW.—The maps and legal de- (C) CONDITIONS ON ACCEPTANCE.— harvested stands, including the removal of scriptions filed under subparagraph (A) shall (i) TITLE.—As a condition of the land ex- logging slash, smaller diameter material, have the same force and effect as if included change under this subsection, title to the and ladder fuels. in this subtitle, except that the Secretary non-Federal land to be acquired by the Sec- (5) PROHIBITED ACTIVITIES.—Subject to may correct typographical errors in the retary under this subsection shall be accept- valid existing rights, the following activities maps and legal descriptions. able to the Secretary. shall be prohibited on National Forest Sys- (C) PUBLIC AVAILABILITY.—Each map and (ii) TERMS AND CONDITIONS.—The convey- tem land in the Management Unit: legal description filed under subparagraph ance of the Federal land and non-Federal (A) New road construction or renovation of (A) shall be on file and available for public land shall be subject to such terms and con- existing non-System roads, except as nec- inspection in the appropriate offices of the ditions as the Secretary may require. essary to protect public health and safety. Forest Service. (D) APPRAISALS.— (B) Projects undertaken for the purpose of (4) USE OF LAND.— (i) IN GENERAL.—As soon as practicable harvesting commercial timber (other than (A) IN GENERAL.—Subject to valid existing after the date of enactment of this Act, the activities relating to the harvest of mer- rights, with respect to the Federal land de- Secretary and Mt. Hood Meadows shall select chantable products that are byproducts of scribed in paragraph (2), the Secretary shall an appraiser to conduct an appraisal of the activities conducted to further the purposes only allow uses that are consistent with the Federal land and non-Federal land. described in paragraph (2)). purposes identified in paragraph (1). (ii) REQUIREMENTS.—An appraisal under (C) Commercial livestock grazing. (B) PROHIBITED USES.—The following shall clause (i) shall be conducted in accordance (D) The placement of new fuel storage be prohibited on the Federal land described with nationally recognized appraisal stand- tanks. in paragraph (2): ards, including— (E) Except to the extent necessary to fur- (i) Permanent roads. (I) the Uniform Appraisal Standards for ther the purposes described in paragraph (2), (ii) Commercial enterprises. Federal Land Acquisitions; and the application of any toxic chemicals (other (iii) Except as necessary to meet the min- (II) the Uniform Standards of Professional than fire retardants), including pesticides, imum requirements for the administration Appraisal Practice. rodenticides, or herbicides. of the Federal land and to protect public (E) SURVEYS.— (6) FOREST ROAD CLOSURES.— health and safety— (i) IN GENERAL.—The exact acreage and (A) IN GENERAL.—Except as provided in (I) the use of motor vehicles; or legal description of the Federal land and subparagraph (B), the Secretary may provide (II) the establishment of temporary roads. non-Federal land shall be determined by sur- for the closure or gating to the general pub- (5) WITHDRAWAL.—Subject to valid existing veys approved by the Secretary. lic of any Forest Service road within the rights, the Federal land described in para- (ii) COSTS.—The responsibility for the costs Management Unit. graph (2) is withdrawn from— of any surveys conducted under clause (i), (B) EXCEPTION.—Nothing in this subsection (A) all forms of entry, appropriation, or and any other administrative costs of car- requires the Secretary to close the road com- disposal under the public land laws; rying out the land exchange, shall be deter- monly known as ‘‘Cloud Cap Road’’, which (B) location, entry, and patent under the mined by the Secretary and Mt. Hood Mead- shall be administered in accordance with mining laws; and ows. otherwise applicable law. (C) disposition under all laws relating to (F) DEADLINE FOR COMPLETION OF LAND EX- (7) PRIVATE LAND.— mineral and geothermal leasing. CHANGE.—It is the intent of Congress that (A) EFFECT.—Nothing in this subsection af- SEC. 1206. LAND EXCHANGES. the land exchange under this subsection fects the use of, or access to, any private (a) COOPER SPUR-GOVERNMENT CAMP LAND shall be completed not later than 16 months property within the area identified on the EXCHANGE.— after the date of enactment of this Act. map as the ‘‘Crystal Springs Zone of Con- (1) DEFINITIONS.—In this subsection: (G) RESERVATION OF EASEMENTS.—As a con- tribution’’ by— (A) COUNTY.—The term ‘‘County’’ means dition of the conveyance of the Federal land, (i) the owners of the private property; and Hood River County, Oregon. the Secretary shall reserve— (ii) guests to the private property. (B) EXCHANGE MAP.—The term ‘‘exchange (i) a conservation easement to the Federal (B) COOPERATION.—The Secretary is en- map’’ means the map entitled ‘‘Cooper Spur/ land to protect existing wetland, as identi- couraged to work with private landowners Government Camp Land Exchange’’, dated fied by the Oregon Department of State who have agreed to cooperate with the Sec- June 2006. Lands, that allows equivalent wetland miti- retary to further the purposes of this sub- (C) FEDERAL LAND.—The term ‘‘Federal gation measures to compensate for minor section. land’’ means the approximately 120 acres of wetland encroachments necessary for the or- (8) ACQUISITION OF LAND.— National Forest System land in the Mount derly development of the Federal land; and

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(ii) a trail easement to the Federal land (c) HUNCHBACK MOUNTAIN LAND EXCHANGE (I) the Act of March 1, 1911 (commonly that allows— AND BOUNDARY ADJUSTMENT.— known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et (I) nonmotorized use by the public of exist- (1) DEFINITIONS.—In this subsection: seq.); and ing trails; (A) COUNTY.—The term ‘‘County’’ means (II) any laws (including regulations) appli- (II) roads, utilities, and infrastructure fa- Clackamas County, Oregon. cable to the National Forest System; and cilities to cross the trails; and (B) EXCHANGE MAP.—The term ‘‘exchange (ii) subject to sections 1202(c)(3) and (III) improvement or relocation of the map’’ means the map entitled ‘‘Hunchback 1204(d), as applicable. trails to accommodate development of the Mountain Land Exchange, Clackamas Coun- (C) LAND AND WATER CONSERVATION FUND.— Federal land. ty’’, dated June 2006. For the purposes of section 7 of the Land and (b) PORT OF CASCADE LOCKS LAND EX- (C) FEDERAL LAND.—The term ‘‘Federal Water Conservation Fund Act of 1965 (16 CHANGE.— land’’ means the parcel of land consisting of U.S.C. 460l–9), the boundaries of the Mount (1) DEFINITIONS.—In this subsection: approximately 160 acres of National Forest Hood National Forest modified by this para- (A) EXCHANGE MAP.—The term ‘‘exchange graph shall be considered to be the bound- map’’ means the map entitled ‘‘Port of Cas- System land in the Mount Hood National Forest identified as ‘‘USFS Land to be Con- aries of the Mount Hood National Forest in cade Locks/Pacific Crest National Scenic existence as of January 1, 1965. Trail Land Exchange’’, dated June 2006. veyed’’ on the exchange map. (B) FEDERAL LAND.—The term ‘‘Federal (D) NON-FEDERAL LAND.—The term ‘‘non- (d) CONDITIONS ON DEVELOPMENT OF FED- land’’ means the parcel of land consisting of Federal land’’ means the parcel of land con- ERAL LAND.— approximately 10 acres of National Forest sisting of approximately 160 acres identified (1) REQUIREMENTS APPLICABLE TO THE CON- System land in the Columbia River Gorge as ‘‘Land to be acquired by USFS’’ on the ex- VEYANCE OF FEDERAL LAND.— National Scenic Area identified as ‘‘USFS change map. (A) IN GENERAL.—As a condition of each of Land to be conveyed’’ on the exchange map. (2) HUNCHBACK MOUNTAIN LAND EXCHANGE.— the conveyances of Federal land under this (C) NON-FEDERAL LAND.—The term ‘‘non- (A) CONVEYANCE OF LAND.—Subject to the section, the Secretary shall include in the Federal land’’ means the parcels of land con- provisions of this paragraph, if the County deed of conveyance a requirement that appli- sisting of approximately 40 acres identified offers to convey to the United States all cable construction activities and alterations as ‘‘Land to be acquired by USFS’’ on the ex- right, title, and interest of the County in and shall be conducted in accordance with— change map. to the non-Federal land, the Secretary shall, (i) nationally recognized building and prop- (D) PORT.—The term ‘‘Port’’ means the subject to valid existing rights, convey to erty maintenance codes; and Port of Cascade Locks, Cascade Locks, Or- the County all right, title, and interest of (ii) nationally recognized codes for devel- egon. the United States in and to the Federal land. opment in the wildland-urban interface and (2) LAND EXCHANGE, PORT OF CASCADE (B) COMPLIANCE WITH EXISTING LAW.—Ex- wildfire hazard mitigation. LOCKS-PACIFIC CREST NATIONAL SCENIC cept as otherwise provided in this paragraph, (B) APPLICABLE LAW.—To the maximum ex- TRAIL.— the Secretary shall carry out the land ex- tent practicable, the codes required under (A) CONVEYANCE OF LAND.—Subject to the change under this paragraph in accordance subparagraph (A) shall be consistent with provisions of this subsection, if the Port of- with section 206 of the Federal Land Policy the nationally recognized codes adopted or fers to convey to the United States all right, and Management Act of 1976 (43 U.S.C. 1716). referenced by the State or political subdivi- title, and interest of the Port in and to the (C) CONDITIONS ON ACCEPTANCE.— sions of the State. non-Federal land, the Secretary shall, sub- (i) TITLE.—As a condition of the land ex- (C) ENFORCEMENT.—The requirements ject to valid existing rights, convey to the change under this paragraph, title to the under subparagraph (A) may be enforced by Port all right, title, and interest of the non-Federal land to be acquired by the Sec- the same entities otherwise enforcing codes, United States in and to the Federal land. retary under this paragraph shall be accept- ordinances, and standards. (B) COMPLIANCE WITH EXISTING LAW.—Ex- able to the Secretary. (2) COMPLIANCE WITH CODES ON FEDERAL cept as otherwise provided in this sub- (ii) TERMS AND CONDITIONS.—The convey- LAND.—The Secretary shall ensure that ap- section, the Secretary shall carry out the ance of the Federal land and non-Federal plicable construction activities and alter- land exchange under this subsection in ac- land shall be subject to such terms and con- ations undertaken or permitted by the Sec- cordance with section 206 of the Federal ditions as the Secretary may require. retary on National Forest System land in Land Policy and Management Act of 1976 (43 the Mount Hood National Forest are con- (D) APPRAISALS.— U.S.C. 1716). ducted in accordance with— (i) IN GENERAL.—As soon as practicable (3) CONDITIONS ON ACCEPTANCE.— after the date of enactment of this Act, the (A) nationally recognized building and (A) TITLE.—As a condition of the land ex- Secretary shall select an appraiser to con- property maintenance codes; and change under this subsection, title to the duct an appraisal of the Federal land and (B) nationally recognized codes for devel- non-Federal land to be acquired by the Sec- non-Federal land. opment in the wildland-urban interface de- retary under this subsection shall be accept- velopment and wildfire hazard mitigation. (ii) REQUIREMENTS.—An appraisal under able to the Secretary. (3) EFFECT ON ENFORCEMENT BY STATES AND clause (i) shall be conducted in accordance (B) TERMS AND CONDITIONS.—The convey- POLITICAL SUBDIVISIONS.—Nothing in this with nationally recognized appraisal stand- ance of the Federal land and non-Federal subsection alters or limits the power of the ards, including— land shall be subject to such terms and con- State or a political subdivision of the State (I) the Uniform Appraisal Standards for ditions as the Secretary may require. to implement or enforce any law (including Federal Land Acquisitions; and (4) APPRAISALS.— regulations), rule, or standard relating to de- (II) the Uniform Standards of Professional (A) IN GENERAL.—As soon as practicable velopment or fire prevention and control. after the date of enactment of this Act, the Appraisal Practice. Secretary shall select an appraiser to con- (E) SURVEYS.— SEC. 1207. TRIBAL PROVISIONS; PLANNING AND duct an appraisal of the Federal land and (i) IN GENERAL.—The exact acreage and STUDIES. non-Federal land. legal description of the Federal land and (a) TRANSPORTATION PLAN.— (B) REQUIREMENTS.—An appraisal under non-Federal land shall be determined by sur- (1) IN GENERAL.—The Secretary shall seek subparagraph (A) shall be conducted in ac- veys approved by the Secretary. to participate in the development of an inte- cordance with nationally recognized ap- (ii) COSTS.—The responsibility for the costs grated, multimodal transportation plan de- praisal standards, including— of any surveys conducted under clause (i), veloped by the Oregon Department of Trans- (i) the Uniform Appraisal Standards for and any other administrative costs of car- portation for the Mount Hood region to Federal Land Acquisitions; and rying out the land exchange, shall be deter- achieve comprehensive solutions to trans- (ii) the Uniform Standards of Professional mined by the Secretary and the County. portation challenges in the Mount Hood re- Appraisal Practice. (F) DEADLINE FOR COMPLETION OF LAND EX- gion— (5) SURVEYS.— CHANGE.—It is the intent of Congress that (A) to promote appropriate economic de- (A) IN GENERAL.—The exact acreage and the land exchange under this paragraph shall velopment; legal description of the Federal land and be completed not later than 16 months after (B) to preserve the landscape of the Mount non-Federal land shall be determined by sur- the date of enactment of this Act. Hood region; and veys approved by the Secretary. (3) BOUNDARY ADJUSTMENT.— (C) to enhance public safety. (B) COSTS.—The responsibility for the costs (A) IN GENERAL.—The boundary of the (2) ISSUES TO BE ADDRESSED.—In partici- of any surveys conducted under subpara- Mount Hood National Forest shall be ad- pating in the development of the transpor- graph (A), and any other administrative justed to incorporate— tation plan under paragraph (1), the Sec- costs of carrying out the land exchange, (i) any land conveyed to the United States retary shall seek to address— shall be determined by the Secretary and the under paragraph (2); and (A) transportation alternatives between Port. (ii) the land transferred to the Forest Serv- and among recreation areas and gateway (6) DEADLINE FOR COMPLETION OF LAND EX- ice by section 1204(h)(1). communities that are located within the CHANGE.—It is the intent of Congress that (B) ADDITIONS TO THE NATIONAL FOREST SYS- Mount Hood region; the land exchange under this subsection TEM.—The Secretary shall administer the (B) establishing park-and-ride facilities shall be completed not later than 16 months land described in subparagraph (A)— that shall be located at gateway commu- after the date of enactment of this Act. (i) in accordance with— nities;

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(C) establishing intermodal transportation (A) TREATY RIGHTS.—Nothing in this sub- SEC. 1302. WILD AND SCENIC RIVER DESIGNA- centers to link public transportation, park- title alters, modifies, enlarges, diminishes, TIONS, ELK RIVER, OREGON. ing, and recreation destinations; or abrogates the treaty rights of any Indian Section 3(a)(76) of the Wild and Scenic Riv- (D) creating a new interchange on Oregon tribe, including the off-reservation reserved ers Act (16 U.S.C. 1274(a)(76)) is amended— State Highway 26 located adjacent to or rights secured by the Treaty with the Tribes (1) in the matter preceding subparagraph within Government Camp; and Bands of Middle Oregon of June 25, 1855 (A), by striking ‘‘19-mile segment’’ and in- (E) designating, maintaining, and improv- (12 Stat. 963). serting ‘‘29-mile segment’’; ing alternative routes using Forest Service (B) TRIBAL LAND.—Nothing in this subtitle (2) in subparagraph (A), by striking ‘‘; and’’ or State roads for— affects land held in trust by the Secretary of and inserting a period; and (i) providing emergency routes; or the Interior for Indian tribes or individual (3) by striking subparagraph (B) and insert- (ii) improving access to, and travel within, members of Indian tribes or other land ac- ing the following: the Mount Hood region; quired by the Army Corps of Engineers and ‘‘(B)(i) The approximately 0.6-mile segment (F) the feasibility of establishing— administered by the Secretary of the Inte- of the North Fork Elk from its source in sec. (i) a gondola connection that— rior for the benefit of Indian tribes and indi- 21, T. 33 S., R. 12 W., Willamette Meridian, (I) connects Timberline Lodge to Govern- vidual members of Indian tribes. downstream to 0.01 miles below Forest Serv- ment Camp; and (d) RECREATIONAL USES.— ice Road 3353, as a scenic river. (II) is located in close proximity to the site (1) MOUNT HOOD NATIONAL FOREST REC- ‘‘(ii) The approximately 5.5-mile segment of the historic gondola corridor; and REATIONAL WORKING GROUP.—The Secretary of the North Fork Elk from 0.01 miles below (ii) an intermodal transportation center to may establish a working group for the pur- Forest Service Road 3353 to its confluence be located in close proximity to Government pose of providing advice and recommenda- with the South Fork Elk, as a wild river. Camp; tions to the Forest Service on planning and ‘‘(C)(i) The approximately 0.9-mile segment (G) burying power lines located in, or adja- implementing recreation enhancements in of the South Fork Elk from its source in the cent to, the Mount Hood National Forest the Mount Hood National Forest. southeast quarter of sec. 32, T. 33 S., R. 12 along Interstate 84 near the City of Cascade (2) CONSIDERATION OF CONVERSION OF FOR- W., Willamette Meridian, downstream to 0.01 Locks, Oregon; and EST ROADS TO RECREATIONAL USES.—In consid- miles below Forest Service Road 3353, as a (H) creating mechanisms for funding the ering a Forest Service road in the Mount scenic river. implementation of the transportation plan Hood National Forest for possible closure ‘‘(ii) The approximately 4.2-mile segment under paragraph (1), including— and decommissioning after the date of enact- of the South Fork Elk from 0.01 miles below ment of this Act, the Secretary, in accord- (i) funds provided by the Federal Govern- Forest Service Road 3353 to its confluence ance with applicable law, shall consider, as ment; with the North Fork Elk, as a wild river.’’. an alternative to decommissioning the road, (ii) public-private partnerships; converting the road to recreational uses to SEC. 1303. PROTECTION OF TRIBAL RIGHTS. (iii) incremental tax financing; and enhance recreational opportunities in the (a) IN GENERAL.—Nothing in this subtitle (iv) other financing tools that link trans- Mount Hood National Forest. shall be construed as diminishing any right portation infrastructure improvements with (3) IMPROVED TRAIL ACCESS FOR PERSONS of any Indian tribe. development. WITH DISABILITIES.—The Secretary, in con- (b) MEMORANDUM OF UNDERSTANDING.—The (b) MOUNT HOOD NATIONAL FOREST STEW- sultation with the public, may design and Secretary shall seek to enter into a memo- ARDSHIP STRATEGY.— construct a trail at a location selected by randum of understanding with the Coquille (1) IN GENERAL.—The Secretary shall pre- the Secretary in Mount Hood National For- Indian Tribe regarding access to the Copper pare a report on, and implementation sched- est suitable for use by persons with disabil- Salmon Wilderness to conduct historical and ule for, the vegetation management strategy ities. cultural activities. (including recommendations for biomass uti- Subtitle D—Copper Salmon Wilderness, lization) for the Mount Hood National Forest Subtitle E—Cascade-Siskiyou National Oregon being developed by the Forest Service. Monument, Oregon SEC. 1301. DESIGNATION OF THE COPPER SALM- (2) SUBMISSION TO CONGRESS.— SEC. 1401. DEFINITIONS. ON WILDERNESS. (A) REPORT.—Not later than 1 year after (a) DESIGNATION.—Section 3 of the Oregon In this subtitle: the date of enactment of this Act, the Sec- Wilderness Act of 1984 (16 U.S.C. 1132 note; (1) BOX R RANCH LAND EXCHANGE MAP.—The retary shall submit the report to— Public Law 98–328) is amended— term ‘‘Box R Ranch land exchange map’’ (i) the Committee on Energy and Natural (1) in the matter preceding paragraph (1), means the map entitled ‘‘Proposed Rowlett Resources of the Senate; and by striking ‘‘eight hundred fifty-nine thou- Land Exchange’’ and dated June 13, 2006. (ii) the Committee on Natural Resources of sand six hundred acres’’ and inserting (2) BUREAU OF LAND MANAGEMENT LAND.— the House of Representatives. ‘‘873,300 acres’’; The term ‘‘Bureau of Land Management (B) IMPLEMENTATION SCHEDULE.—Not later (2) in paragraph (29), by striking the period land’’ means the approximately 40 acres of than 1 year after the date on which the vege- at the end and inserting ‘‘; and’’; and land administered by the Bureau of Land tation management strategy referred to in (3) by adding at the end the following: Management identified as ‘‘Rowlett Se- paragraph (1) is completed, the Secretary ‘‘(30) certain land in the Siskiyou National lected’’, as generally depicted on the Box R shall submit the implementation schedule Forest, comprising approximately 13,700 Ranch land exchange map. to— acres, as generally depicted on the map enti- (3) DEERFIELD LAND EXCHANGE MAP.—The (i) the Committee on Energy and Natural tled ‘Proposed Copper Salmon Wilderness term ‘‘Deerfield land exchange map’’ means Resources of the Senate; and Area’ and dated December 7, 2007, to be the map entitled ‘‘Proposed Deerfield-BLM (ii) the Committee on Natural Resources of known as the ‘Copper Salmon Wilderness’.’’. Property Line Adjustment’’ and dated May 1, the House of Representatives. (b) MAPS AND LEGAL DESCRIPTION.— 2008. (c) LOCAL AND TRIBAL RELATIONSHIPS.— (1) IN GENERAL.—As soon as practicable (4) DEERFIELD PARCEL.—The term ‘‘Deer- (1) MANAGEMENT PLAN.— after the date of enactment of this Act, the field parcel’’ means the approximately 1.5 (A) IN GENERAL.—The Secretary, in con- Secretary of Agriculture (referred to in this acres of land identified as ‘‘From Deerfield sultation with Indian tribes with treaty-re- subtitle as the ‘‘Secretary’’) shall file a map to BLM’’, as generally depicted on the Deer- served gathering rights on land encompassed and a legal description of the Copper Salmon field land exchange map. by the Mount Hood National Forest and in a Wilderness with— (5) FEDERAL PARCEL.—The term ‘‘Federal manner consistent with the memorandum of (A) the Committee on Energy and Natural parcel’’ means the approximately 1.3 acres of understanding entered into between the De- Resources of the Senate; and land administered by the Bureau of Land partment of Agriculture, the Bureau of Land (B) the Committee on Natural Resources of Management identified as ‘‘From BLM to Management, the Bureau of Indian Affairs, the House of Representatives. Deerfield’’, as generally depicted on the and the Confederated Tribes and Bands of (2) FORCE OF LAW.—The map and legal de- Deerfield land exchange map. the Warm Springs Reservation of Oregon, scription filed under paragraph (1) shall have (6) GRAZING ALLOTMENT.—The term ‘‘graz- dated April 25, 2003, as modified, shall de- the same force and effect as if included in ing allotment’’ means any of the Box R, velop and implement a management plan this subtitle, except that the Secretary may Buck Lake, Buck Mountain, Buck Point, that meets the cultural foods obligations of correct typographical errors in the map and Conde Creek, Cove Creek, Cove Creek Ranch, the United States under applicable treaties, legal description. Deadwood, Dixie, Grizzly, Howard Prairie, including the Treaty with the Tribes and (3) BOUNDARY.—If the boundary of the Cop- Jenny Creek, Keene Creek, North Cove Bands of Middle Oregon of June 25, 1855 (12 per Salmon Wilderness shares a border with Creek, and Soda Mountain grazing allot- Stat. 963). a road, the Secretary may only establish an ments in the State. (B) EFFECT.—This paragraph shall be con- offset that is not more than 150 feet from the (7) GRAZING LEASE.—The term ‘‘grazing sidered to be consistent with, and is intended centerline of the road. lease’’ means any document authorizing the to help implement, the gathering rights re- (4) PUBLIC AVAILABILITY.—Each map and use of a grazing allotment for the purpose of served by the treaty described in subpara- legal description filed under paragraph (1) grazing livestock for commercial purposes. graph (A). shall be on file and available for public in- (8) LANDOWNER.—The term ‘‘Landowner’’ (2) SAVINGS PROVISIONS REGARDING RELA- spection in the appropriate offices of the means the owner of the Box R Ranch in the TIONS WITH INDIAN TRIBES.— Forest Service. State.

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(9) LESSEE.—The term ‘‘lessee’’ means a (1) with respect to the Agate, Emigrant (2) if Deerfield Learning Associates accepts livestock operator that holds a valid existing Creek, and Siskiyou allotments in and near the offer— grazing lease for a grazing allotment. the Monument— (A) the Secretary shall convey to Deerfield (10) LIVESTOCK.—The term ‘‘livestock’’ (A) shall not issue any grazing lease; and Learning Associates all right, title, and in- does not include beasts of burden used for (B) shall ensure a permanent end to live- terest of the United States in and to the Fed- recreational purposes. stock grazing on each allotment; and eral parcel; and (11) MONUMENT.—The term ‘‘Monument’’ (2) shall not establish any new allotments (B) Deerfield Learning Associates shall means the Cascade-Siskiyou National Monu- for livestock grazing that include any Monu- convey to the Secretary all right, title, and ment in the State. ment land (whether leased or not leased for interest of Deerfield Learning Associates in (12) ROWLETT PARCEL.—The term ‘‘Rowlett grazing on the date of enactment of this and to the Deerfield parcel. parcel’’ means the parcel of approximately 40 Act). (b) SURVEYS.— acres of private land identified as ‘‘Rowlett (c) EFFECT OF DONATION.—A lessee who do- (1) IN GENERAL.—The exact acreage and Offered’’, as generally depicted on the Box R nates a grazing lease or a portion of a graz- legal description of the Federal parcel and Ranch land exchange map. ing lease under this section shall be consid- the Deerfield parcel shall be determined by (13) SECRETARY.—The term ‘‘Secretary’’ ered to have waived any claim to any range surveys approved by the Secretary. means the Secretary of the Interior. improvement on the associated grazing al- (2) COSTS.—The responsibility for the costs (14) STATE.—The term ‘‘State’’ means the lotment or portion of the associated grazing of any surveys conducted under paragraph State of Oregon. allotment, as applicable. (1), and any other administrative costs of (15) WILDERNESS.—The term ‘‘Wilderness’’ SEC. 1403. BOX R RANCH LAND EXCHANGE. carrying out the land exchange, shall be de- means the Soda Mountain Wilderness des- (a) IN GENERAL.—For the purpose of pro- termined by the Secretary and Deerfield ignated by section 1405(a). tecting and consolidating Federal land with- Learning Associates. (16) WILDERNESS MAP.—The term ‘‘wilder- in the Monument, the Secretary— (c) CONDITIONS.— ness map’’ means the map entitled ‘‘Soda (1) may offer to convey to the Landowner (1) IN GENERAL.—The conveyance of the Mountain Wilderness’’ and dated May 5, 2008. the Bureau of Land Management land in ex- Federal parcel and the Deerfield parcel under change for the Rowlett parcel; and SEC. 1402. VOLUNTARY GRAZING LEASE DONA- this section shall be subject to— TION PROGRAM. (2) if the Landowner accepts the offer— (A) valid existing rights; (A) the Secretary shall convey to the (a) EXISTING GRAZING LEASES.— (B) title to the Deerfield parcel being ac- Landowner all right, title, and interest of (1) DONATION OF LEASE.— ceptable to the Secretary and in conform- the United States in and to the Bureau of (A) ACCEPTANCE BY SECRETARY.—The Sec- ance with the title approval standards appli- Land Management land; and retary shall accept any grazing lease that is cable to Federal land acquisitions; (B) the Landowner shall convey to the Sec- donated by a lessee. (C) such terms and conditions as the Sec- retary all right, title, and interest of the (B) TERMINATION.—The Secretary shall ter- retary may require; and Landowner in and to the Rowlett parcel. minate any grazing lease acquired under sub- (D) except as otherwise provided in this (b) SURVEYS.— paragraph (A). section, any laws (including regulations) ap- (1) IN GENERAL.—The exact acreage and O NEW GRAZING LEASE.—Except as pro- plicable to the conveyance and acquisition of (C) N legal description of the Bureau of Land Man- vided in paragraph (3), with respect to each land by the Bureau of Land Management. agement land and the Rowlett parcel shall be grazing lease donated under subparagraph (d) APPRAISALS.— determined by surveys approved by the Sec- (A), the Secretary shall— (1) IN GENERAL.—The Federal parcel and retary. (i) not issue any new grazing lease within the Deerfield parcel shall be appraised by an (2) COSTS.—The responsibility for the costs the grazing allotment covered by the grazing independent appraiser selected by the Sec- of any surveys conducted under paragraph retary. lease; and (1), and any other administrative costs of (ii) ensure a permanent end to livestock (2) REQUIREMENTS.—An appraisal con- carrying out the land exchange, shall be de- ducted under paragraph (1) shall be con- grazing on the grazing allotment covered by termined by the Secretary and the Land- the grazing lease. ducted in accordance with— owner. (A) the Uniform Appraisal Standards for (2) DONATION OF PORTION OF GRAZING (c) CONDITIONS.—The conveyance of the Bu- Federal Land Acquisitions; and LEASE.— reau of Land Management land and the (B) the Uniform Standards of Professional (A) IN GENERAL.—A lessee with a grazing Rowlett parcel under this section shall be Appraisal Practice. lease for a grazing allotment partially with- subject to— (3) APPROVAL.—The appraisals conducted in the Monument may elect to donate only (1) valid existing rights; under this subsection shall be submitted to that portion of the grazing lease that is (2) title to the Rowlett parcel being accept- the Secretary for approval. within the Monument. able to the Secretary and in conformance (B) ACCEPTANCE BY SECRETARY.—The Sec- with the title approval standards applicable SEC. 1405. SODA MOUNTAIN WILDERNESS. retary shall accept the portion of a grazing to Federal land acquisitions; (a) DESIGNATION.—In accordance with the lease that is donated under subparagraph (3) such terms and conditions as the Sec- Wilderness Act (16 U.S.C. 1131 et seq.), ap- (A). retary may require; and proximately 24,100 acres of Monument land, (C) MODIFICATION OF LEASE.—Except as pro- (4) except as otherwise provided in this sec- as generally depicted on the wilderness map, vided in paragraph (3), if a lessee donates a tion, any laws (including regulations) appli- is designated as wilderness and as a compo- portion of a grazing lease under subpara- cable to the conveyance and acquisition of nent of the National Wilderness Preservation graph (A), the Secretary shall— land by the Bureau of Land Management. System, to be known as the ‘‘Soda Mountain (i) reduce the authorized grazing level and (d) APPRAISALS.— Wilderness’’. area to reflect the donation; and (1) IN GENERAL.—The Bureau of Land Man- (b) MAP AND LEGAL DESCRIPTION.— (ii) modify the grazing lease to reflect the agement land and the Rowlett parcel shall be (1) SUBMISSION OF MAP AND LEGAL DESCRIP- reduced level and area of use. appraised by an independent appraiser se- TION.—As soon as practicable after the date (D) AUTHORIZED LEVEL.—To ensure that lected by the Secretary. of enactment of this Act, the Secretary shall there is a permanent reduction in the level (2) REQUIREMENTS.—An appraisal con- file a map and legal description of the Wil- and area of livestock grazing on the land ducted under paragraph (1) shall be con- derness with— covered by a portion of a grazing lease do- ducted in accordance with— (A) the Committee on Energy and Natural nated under subparagraph (A), the Secretary (A) the Uniform Appraisal Standards for Resources of the Senate; and shall not allow grazing to exceed the author- Federal Land Acquisitions; and (B) the Committee on Natural Resources of ized level and area established under sub- (B) the Uniform Standards of Professional the House of Representatives. paragraph (C). Appraisal Practice. (2) FORCE AND EFFECT.— (3) COMMON ALLOTMENTS.— (3) APPROVAL.—The appraisals conducted (A) IN GENERAL.—The map and legal de- (A) IN GENERAL.—If a grazing allotment under this subsection shall be submitted to scription filed under paragraph (1) shall have covered by a grazing lease or portion of a the Secretary for approval. the same force and effect as if included in grazing lease that is donated under para- (e) GRAZING ALLOTMENT.—As a condition of this subtitle, except that the Secretary may graph (1) or (2) also is covered by another the land exchange authorized under this sec- correct any clerical or typographical error in grazing lease that is not donated, the Sec- tion, the lessee of the grazing lease for the the map or legal description. retary shall reduce the grazing level on the Box R grazing allotment shall donate the (B) NOTIFICATION.—The Secretary shall grazing allotment to reflect the donation. Box R grazing lease in accordance with sec- submit to Congress notice of any changes (B) AUTHORIZED LEVEL.—To ensure that tion 1402(a)(1). made in the map or legal description under there is a permanent reduction in the level SEC. 1404. DEERFIELD LAND EXCHANGE. subparagraph (A), including notice of the of livestock grazing on the land covered by (a) IN GENERAL.—For the purpose of pro- reason for the change. the grazing lease or portion of a grazing tecting and consolidating Federal land with- (3) PUBLIC AVAILABILITY.—The map and lease donated under paragraph (1) or (2), the in the Monument, the Secretary— legal description filed under paragraph (1) Secretary shall not allow grazing to exceed (1) may offer to convey to Deerfield Learn- shall be on file and available for public in- the level established under subparagraph (A). ing Associates the Federal parcel in ex- spection in the appropriate offices of the Bu- (b) LIMITATIONS.—The Secretary— change for the Deerfield parcel; and reau of Land Management.

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(c) ADMINISTRATION OF WILDERNESS.— (4) PLAN.—The term ‘‘plan’’ means a travel the House of Representatives a map and (1) IN GENERAL.—Subject to valid existing management plan for motorized and mecha- legal description for each area designated as rights, the Wilderness shall be administered nized off-highway vehicle recreation pre- wilderness by this subtitle. by the Secretary in accordance with the Wil- pared under section 1507. (B) EFFECT.—Each map and legal descrip- derness Act (16 U.S.C. 1131 et seq.), except (5) PUBLIC LAND.—The term ‘‘public land’’ tion submitted under subparagraph (A) shall that— has the meaning given the term in section have the same force and effect as if included (A) any reference in the Wilderness Act to 103(e) of the Federal Land Policy and Man- in this subtitle, except that the Secretary the effective date of the Wilderness Act shall agement Act of 1976 (43 U.S.C. 1702(e)). may correct minor errors in the map or legal be considered to be a reference to the date of (6) SECRETARY.—The term ‘‘Secretary’’ description. enactment of this Act; and means the Secretary of the Interior. (C) AVAILABILITY.—Each map and legal de- (B) any reference in that Act to the Sec- (7) STATE.—The term ‘‘State’’ means the scription submitted under subparagraph (A) retary of Agriculture shall be considered to State of Idaho. shall be available in the appropriate offices be a reference to the Secretary of the Inte- (8) TRIBES.—The term ‘‘Tribes’’ means the of the Bureau of Land Management. rior. Shoshone Paiute Tribes of the Duck Valley (3) RELEASE OF WILDERNESS STUDY AREAS.— (2) FIRE, INSECT, AND DISEASE MANAGEMENT Reservation. (A) IN GENERAL.—Congress finds that, for ACTIVITIES.—Except as provided by Presi- SEC. 1502. OWYHEE SCIENCE REVIEW AND CON- the purposes of section 603(c) of the Federal dential Proclamation Number 7318, dated SERVATION CENTER. Land Policy and Management Act of 1976 (43 June 9, 2000 (65 Fed. Reg. 37247), within the (a) ESTABLISHMENT.—The Secretary, in co- U.S.C. 1782(c)), the public land in the County wilderness areas designated by this subtitle, ordination with the Tribes, State, and Coun- administered by the Bureau of Land Manage- the Secretary may take such measures in ac- ty, and in consultation with the University ment has been adequately studied for wilder- cordance with section 4(d)(1) of the Wilder- of Idaho, Federal grazing permittees, and ness designation. ness Act (16 U.S.C. 1133(d)(1)) as are nec- public, shall establish the Owyhee Science (B) RELEASE.—Any public land referred to essary to control fire, insects, and diseases, Review and Conservation Center in the in subparagraph (A) that is not designated as subject to such terms and conditions as the County to conduct research projects to ad- wilderness by this subtitle— Secretary determines to be desirable and ap- dress natural resources management issues (i) is no longer subject to section 603(c) of propriate. affecting public and private rangeland in the the Federal Land Policy and Management (3) LIVESTOCK.—Except as provided in sec- County. Act of 1976 (43 U.S.C. 1782(c)); and tion 1402 and by Presidential Proclamation (b) PURPOSE.—The purpose of the center es- (ii) shall be managed in accordance with Number 7318, dated June 9, 2000 (65 Fed. Reg. tablished under subsection (a) shall be to fa- the applicable land use plan adopted under 37247), the grazing of livestock in the Wilder- cilitate the collection and analysis of infor- section 202 of that Act (43 U.S.C. 1712). ness, if established before the date of enact- mation to provide Federal and State agen- (b) ADMINISTRATION.— ment of this Act, shall be permitted to con- cies, the Tribes, the County, private land- (1) IN GENERAL.—Subject to valid existing tinue subject to such reasonable regulations owners, and the public with information on rights, each area designated as wilderness by as are considered necessary by the Secretary improved rangeland management. this subtitle shall be administered by the in accordance with— SEC. 1503. WILDERNESS AREAS. Secretary in accordance with the Wilderness (A) section 4(d)(4) of the Wilderness Act (16 (a) WILDERNESS AREAS DESIGNATION.— Act (16 U.S.C. 1131 et seq.), except that— U.S.C. 1133(d)(4)); and (1) IN GENERAL.—In accordance with the (A) any reference in that Act to the effec- (B) the guidelines set forth in Appendix A Wilderness Act (16 U.S.C. 1131 et seq.), the tive date shall be considered to be a ref- of the report of the Committee on Interior following areas in the State are designated erence to the date of enactment of this Act; and Insular Affairs of the House of Rep- as wilderness areas and as components of the and resentatives accompanying H.R. 2570 of the National Wilderness Preservation System: (B) any reference in that Act to the Sec- 101st Congress (H. Rept. 101–405). (A) BIG JACKS CREEK WILDERNESS.—Certain retary of Agriculture shall be considered to (4) FISH AND WILDLIFE MANAGEMENT.—In ac- land comprising approximately 52,826 acres, be a reference to the Secretary of the Inte- cordance with section 4(d)(7) of the Wilder- as generally depicted on the map entitled rior. ness Act (16 U.S.C. 1133(d)(7)), nothing in this ‘‘Little Jacks Creek and Big Jacks Creek (2) WITHDRAWAL.—Subject to valid existing subtitle affects the jurisdiction of the State Wilderness’’ and dated May 5, 2008, which rights, the Federal land designated as wilder- with respect to fish and wildlife on public shall be known as the ‘‘Big Jacks Creek Wil- ness by this subtitle is withdrawn from all land in the State. derness’’. forms of— (5) INCORPORATION OF ACQUIRED LAND AND (B) BRUNEAU-JARBIDGE RIVERS WILDER- (A) entry, appropriation, or disposal under INTERESTS.—Any land or interest in land NESS.—Certain land comprising approxi- the public land laws; within the boundary of the Wilderness that mately 89,996 acres, as generally depicted on (B) location, entry, and patent under the is acquired by the United States shall— the map entitled ‘‘Bruneau-Jarbidge Rivers mining laws; and (A) become part of the Wilderness; and Wilderness’’ and dated December 15, 2008, (C) disposition under the mineral leasing, (B) be managed in accordance with this which shall be known as the ‘‘Bruneau- mineral materials, and geothermal leasing subtitle, the Wilderness Act (16 U.S.C. 1131 et Jarbidge Rivers Wilderness’’. laws. seq.), and any other applicable law. (C) LITTLE JACKS CREEK WILDERNESS.—Cer- (3) LIVESTOCK.— SEC. 1406. EFFECT. tain land comprising approximately 50,929 (A) IN GENERAL.—In the wilderness areas Nothing in this subtitle— acres, as generally depicted on the map enti- designated by this subtitle, the grazing of (1) affects the authority of a Federal agen- tled ‘‘Little Jacks Creek and Big Jacks livestock in areas in which grazing is estab- cy to modify or terminate grazing permits or Creek Wilderness’’ and dated May 5, 2008, lished as of the date of enactment of this Act leases, except as provided in section 1402; which shall be known as the ‘‘Little Jacks shall be allowed to continue, subject to such (2) authorizes the use of eminent domain; Creek Wilderness’’. reasonable regulations, policies, and prac- (3) creates a property right in any grazing (D) NORTH FORK OWYHEE WILDERNESS.—Cer- tices as the Secretary considers necessary, permit or lease on Federal land; tain land comprising approximately 43,413 consistent with section 4(d)(4) of the Wilder- (4) establishes a precedent for future graz- acres, as generally depicted on the map enti- ness Act (16 U.S.C. 1133(d)(4)) and the guide- ing permit or lease donation programs; or tled ‘‘North Fork Owyhee and Pole Creek lines described in Appendix A of House Re- (5) affects the allocation, ownership, inter- Wilderness’’ and dated May 5, 2008, which port 101–405. est, or control, in existence on the date of shall be known as the ‘‘North Fork Owyhee (B) INVENTORY.—Not later than 1 year after enactment of this Act, of any water, water Wilderness’’. the date of enactment of this Act, the Sec- right, or any other valid existing right held (E) OWYHEE RIVER WILDERNESS.—Certain retary shall conduct an inventory of existing by the United States, an Indian tribe, a land comprising approximately 267,328 acres, facilities and improvements associated with State, or a private individual, partnership, as generally depicted on the map entitled grazing activities in the wilderness areas and or corporation. ‘‘Owyhee River Wilderness’’ and dated May 5, wild and scenic rivers designated by this sub- Subtitle F—Owyhee Public Land 2008, which shall be known as the ‘‘Owyhee title. Management River Wilderness’’. (C) FENCING.—The Secretary may con- SEC. 1501. DEFINITIONS. (F) POLE CREEK WILDERNESS.—Certain land struct and maintain fencing around wilder- In this subtitle: comprising approximately 12,533 acres, as ness areas designated by this subtitle as the (1) ACCOUNT.—The term ‘‘account’’ means generally depicted on the map entitled Secretary determines to be appropriate to the Owyhee Land Acquisition Account estab- ‘‘North Fork Owyhee and Pole Creek Wilder- enhance wilderness values. lished by section 1505(b)(1). ness’’ and dated May 5, 2008, which shall be (D) DONATION OF GRAZING PERMITS OR (2) COUNTY.—The term ‘‘County’’ means known as the ‘‘Pole Creek Wilderness’’. LEASES.— Owyhee County, Idaho. (2) MAPS AND LEGAL DESCRIPTIONS.— (i) ACCEPTANCE BY SECRETARY.—The Sec- (3) OWYHEE FRONT.—The term ‘‘Owyhee (A) IN GENERAL.—As soon as practicable retary shall accept the donation of any valid Front’’ means the area of the County from after the date of enactment of this Act, the existing permits or leases authorizing graz- Jump Creek on the west to Mud Flat Road Secretary shall submit to the Committee on ing on public land, all or a portion of which on the east and draining north from the crest Energy and Natural Resources of the Senate is within the wilderness areas designated by of the Silver City Range to the Snake River. and the Committee on Natural Resources of this subtitle.

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(ii) TERMINATION.—With respect to each (B) MANAGEMENT ACTIVITIES.— of the Owyhee River Wilderness, to be ad- permit or lease donated under clause (i), the (i) IN GENERAL.—In furtherance of the pur- ministered by the Secretary of the Interior Secretary shall— poses and principles of the Wilderness Act (16 as a wild river. (I) terminate the grazing permit or lease; U.S.C. 1131 et seq.), the Secretary may con- ‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 and duct any management activities that are miles of Big Jacks Creek from the down- (II) except as provided in clause (iii), en- necessary to maintain or restore fish and stream border of the Big Jacks Creek Wilder- sure a permanent end to grazing on the land wildlife populations and habitats in the wil- ness in sec. 8, T. 8 S., R. 4 E., to the point at covered by the permit or lease. derness areas designated by this subtitle, if which it enters the NW 1⁄4 of sec. 26, T. 10 S., (iii) COMMON ALLOTMENTS.— the management activities are— R. 2 E., Boise Meridian, to be administered (I) IN GENERAL.—If the land covered by a (I) consistent with relevant wilderness by the Secretary of the Interior as a wild permit or lease donated under clause (i) is management plans; and river. also covered by another valid existing per- (II) conducted in accordance with appro- ‘‘(182) BRUNEAU RIVER, IDAHO.— mit or lease that is not donated under clause priate policies, such as the policies estab- ‘‘(A) IN GENERAL.—Except as provided in (i), the Secretary shall reduce the authorized lished in Appendix B of House Report 101–405. subparagraph (B), the 39.3-mile segment of grazing level on the land covered by the per- (ii) INCLUSIONS.—Management activities the Bruneau River from the downstream mit or lease to reflect the donation of the under clause (i) may include the occasional boundary of the Bruneau-Jarbidge Wilder- permit or lease under clause (i). and temporary use of motorized vehicles, if ness to the upstream confluence with the (II) AUTHORIZED LEVEL.—To ensure that the use, as determined by the Secretary, west fork of the Bruneau River, to be admin- there is a permanent reduction in the level would promote healthy, viable, and more istered by the Secretary of the Interior as a of grazing on the land covered by a permit or naturally distributed wildlife populations wild river. lease donated under clause (i), the Secretary that would enhance wilderness values while ‘‘(B) EXCEPTION.—Notwithstanding sub- shall not allow grazing use to exceed the au- causing the minimum impact necessary to paragraph (A), the 0.6-mile segment of the thorized level established under subclause accomplish those tasks. Bruneau River at the Indian Hot Springs (I). (C) EXISTING ACTIVITIES.—Consistent with public road access shall be administered by (iv) PARTIAL DONATION.— section 4(d)(1) of the Wilderness Act (16 the Secretary of the Interior as a rec- (I) IN GENERAL.—If a person holding a valid U.S.C. 1133(d)(1)) and in accordance with ap- reational river. grazing permit or lease donates less than the propriate policies, such as those established ‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.— full amount of grazing use authorized under in Appendix B of House Report 101–405, the The approximately 0.35 miles of the West the permit or lease, the Secretary shall— State may use aircraft (including heli- Fork of the Bruneau River from the con- (aa) reduce the authorized grazing level to copters) in the wilderness areas designated fluence with the Jarbidge River to the down- reflect the donation; and by this subtitle to survey, capture, trans- stream boundary of the Bruneau Canyon (bb) modify the permit or lease to reflect plant, monitor, and provide water for wild- Grazing Allotment in the SE/NE of sec. 5, T. the revised level of use. life populations, including bighorn sheep, 13 S., R. 7 E., Boise Meridian, to be adminis- (II) AUTHORIZED LEVEL.—To ensure that and feral stock, feral horses, and feral bur- tered by the Secretary of the Interior as a there is a permanent reduction in the au- ros. wild river. thorized level of grazing on the land covered (9) WILDFIRE, INSECT, AND DISEASE MANAGE- ‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 by a permit or lease donated under subclause MENT.—Consistent with section 4(d)(1) of the miles of Cottonwood Creek from the con- (I), the Secretary shall not allow grazing use Wilderness Act (16 U.S.C. 1133(d)(1)), the Sec- fluence with Big Jacks Creek to the up- to exceed the authorized level established retary may take any measures that the Sec- stream boundary of the Big Jacks Creek Wil- under that subclause. retary determines to be necessary to control derness, to be administered by the Secretary (4) ACQUISITION OF LAND AND INTERESTS IN fire, insects, and diseases, including, as the of the Interior as a wild river. LAND.— Secretary determines appropriate, the co- ‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile (A) IN GENERAL.—Consistent with applica- ordination of those activities with a State or segment of Deep Creek from the confluence ble law, the Secretary may acquire land or local agency. with the Owyhee River to the upstream interests in land within the boundaries of (10) ADJACENT MANAGEMENT.— boundary of the Owyhee River Wilderness in the wilderness areas designated by this sub- (A) IN GENERAL.—The designation of a wil- sec. 30, T. 12 S., R. 2 W., Boise Meridian, to title by purchase, donation, or exchange. derness area by this subtitle shall not create be administered by the Secretary of the Inte- (B) INCORPORATION OF ACQUIRED LAND.—Any any protective perimeter or buffer zone rior as a wild river. land or interest in land in, or adjoining the around the wilderness area. ‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 boundary of, a wilderness area designated by (B) NONWILDERNESS ACTIVITIES.—The fact miles of Dickshooter Creek from the con- this subtitle that is acquired by the United that nonwilderness activities or uses can be fluence with Deep Creek to a point on the States shall be added to, and administered as seen or heard from areas within a wilderness stream 1⁄4 mile due west of the east boundary part of, the wilderness area in which the ac- area designated by this subtitle shall not of sec. 16, T. 12 S., R. 2 W., Boise Meridian, quired land or interest in land is located. preclude the conduct of those activities or to be administered by the Secretary of the (5) TRAIL PLAN.— uses outside the boundary of the wilderness Interior as a wild river. (A) IN GENERAL.—The Secretary, after pro- area. ‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile viding opportunities for public comment, (11) MILITARY OVERFLIGHTS.—Nothing in segment of Duncan Creek from the con- shall establish a trail plan that addresses this subtitle restricts or precludes— fluence with Big Jacks Creek upstream to hiking and equestrian trails on the land des- (A) low-level overflights of military air- the east boundary of sec. 18, T. 10 S., R. 4 E., ignated as wilderness by this subtitle, in a craft over the areas designated as wilderness Boise Meridian, to be administered by the manner consistent with the Wilderness Act by this subtitle, including military over- Secretary of the Interior as a wild river. (16 U.S.C. 1131 et seq.). flights that can be seen or heard within the ‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 (B) REPORT.—Not later than 2 years after wilderness areas; miles of the Jarbidge River from the con- the date of enactment of this Act, the Sec- (B) flight testing and evaluation; or fluence with the West Fork Bruneau River to retary shall submit to Congress a report that (C) the designation or creation of new the upstream boundary of the Bruneau- describes the implementation of the trail units of special use airspace, or the estab- Jarbidge Rivers Wilderness, to be adminis- plan. lishment of military flight training routes, tered by the Secretary of the Interior as a (6) OUTFITTING AND GUIDE ACTIVITIES.—Con- over the wilderness areas. wild river. sistent with section 4(d)(5) of the Wilderness (12) WATER RIGHTS.— ‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 Act (16 U.S.C. 1133(d)(5)), commercial serv- (A) IN GENERAL.—The designation of areas miles of Little Jacks Creek from the down- ices (including authorized outfitting and as wilderness by subsection (a) shall not cre- stream boundary of the Little Jacks Creek guide activities) are authorized in wilderness ate an express or implied reservation by the Wilderness, upstream to the mouth of OX areas designated by this subtitle to the ex- United States of any water or water rights Prong Creek, to be administered by the Sec- tent necessary for activities that fulfill the for wilderness purposes with respect to such retary of the Interior as a wild river. recreational or other wilderness purposes of areas. ‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.— the areas. (B) EXCLUSIONS.—This paragraph does not The following segments of the North Fork of (7) ACCESS TO PRIVATE PROPERTY.—In ac- apply to any components of the National the Owyhee River, to be administered by the cordance with section 5(a) of the Wilderness Wild and Scenic Rivers System designated Secretary of the Interior: Act (16 U.S.C. 1134(a)), the Secretary shall by section 1504. ‘‘(A) The 5.7-mile segment from the Idaho- provide any owner of private property within SEC. 1504. DESIGNATION OF WILD AND SCENIC Oregon State border to the upstream bound- the boundary of a wilderness area designated RIVERS. ary of the private land at the Juniper Mt. by this subtitle adequate access to the prop- (a) IN GENERAL.—Section 3(a) of the Wild Road crossing, as a recreational river. erty. and Scenic Rivers Act (16 U.S.C. 1274(a)) (as ‘‘(B) The 15.1-mile segment from the up- (8) FISH AND WILDLIFE.— amended by section 1203(a)(1)) is amended by stream boundary of the North Fork Owyhee (A) IN GENERAL.—Nothing in this subtitle adding at the end the following: River recreational segment designated in affects the jurisdiction of the State with re- ‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 paragraph (A) to the upstream boundary of spect to fish and wildlife on public land in miles of Battle Creek from the confluence of the North Fork Owyhee River Wilderness, as the State. the Owyhee River to the upstream boundary a wild river.

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‘‘(191) OWYHEE RIVER, IDAHO.— further appropriation, to purchase land or (e) SCHEDULE.— ‘‘(A) IN GENERAL.—Subject to subparagraph interests in land in, or adjacent to, the wil- (1) OWYHEE FRONT.—It is the intent of Con- (B), the 67.3 miles of the Owyhee River from derness areas designated by this subtitle, in- gress that, not later than 1 year after the the Idaho-Oregon State border to the up- cluding land identified as ‘‘Proposed for Ac- date of enactment of this Act, the Secretary stream boundary of the Owyhee River Wil- quisition’’ on the maps described in section shall complete a transportation plan for the derness, to be administered by the Secretary 1503(a)(1). Owyhee Front. of the Interior as a wild river. (B) APPLICABLE LAW.—Any purchase of land (2) OTHER BUREAU OF LAND MANAGEMENT ‘‘(B) ACCESS.—The Secretary of the Inte- or interest in land under subparagraph (A) LAND IN THE COUNTY.—It is the intent of Con- rior shall allow for continued access across shall be in accordance with applicable law. gress that, not later than 3 years after the the Owyhee River at Crutchers Crossing, (3) APPLICABILITY.—This subsection applies date of enactment of this Act, the Secretary subject to such terms and conditions as the to public land within the Boise District of shall complete a transportation plan for Bu- Secretary of the Interior determines to be the Bureau of Land Management sold on or reau of Land Management land in the Coun- necessary. after January 1, 2008. ty outside the Owyhee Front. ‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of (4) ADDITIONAL AMOUNTS.—If necessary, the SEC. 1508. AUTHORIZATION OF APPROPRIATIONS. Red Canyon from the confluence of the Secretary may use additional amounts ap- There are authorized to be appropriated Owyhee River to the upstream boundary of propriated to the Department of the Interior, such sums as are necessary to carry out this the Owyhee River Wilderness, to be adminis- subject to applicable reprogramming guide- subtitle. tered by the Secretary of the Interior as a lines. Subtitle G—Sabinoso Wilderness, New Mexico wild river. (c) TERMINATION OF AUTHORITY.— SEC. 1601. DEFINITIONS. (1) IN GENERAL.—The authority provided ‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles In this subtitle: of Sheep Creek from the confluence with the under this section terminates on the earlier (1) MAP.—The term ‘‘map’’ means the map of— Bruneau River to the upstream boundary of entitled ‘‘Sabinoso Wilderness’’ and dated (A) the date that is 10 years after the date the Bruneau-Jarbidge Rivers Wilderness, to September 8, 2008. be administered by the Secretary of the Inte- of enactment of this Act; or (2) SECRETARY.—The term ‘‘Secretary’’ (B) the date on which a total of $8,000,000 rior as a wild river. means the Secretary of the Interior. ‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.— from the account is expended. (3) STATE.—The term ‘‘State’’ means the (2) AVAILABILITY OF AMOUNTS.—Any ‘‘(A) IN GENERAL.—Except as provided in State of New Mexico. subparagraph (B), the 31.4-mile segment of amounts remaining in the account on the termination of authority under this section SEC. 1602. DESIGNATION OF THE SABINOSO WIL- the South Fork of the Owyhee River up- DERNESS. stream from the confluence with the Owyhee shall be— (a) IN GENERAL.—In furtherance of the pur- River to the upstream boundary of the (A) credited as sales of public land in the poses of the Wilderness Act (16 U.S.C. 1131 et Owyhee River Wilderness at the Idaho–Ne- State; seq.), the approximately 16,030 acres of land vada State border, to be administered by the (B) transferred to the Federal Land Dis- under the jurisdiction of the Taos Field Of- Secretary of the Interior as a wild river. posal Account established under section fice Bureau of Land Management, New Mex- ‘‘(B) EXCEPTION.—Notwithstanding sub- 206(a) of the Federal Land Transaction Fa- ico, as generally depicted on the map, is des- paragraph (A), the 1.2-mile segment of the cilitation Act (43 U.S.C. 2305(a)); and ignated as wilderness and as a component of South Fork of the Owyhee River from the (C) used in accordance with that subtitle. the National Wilderness Preservation Sys- point at which the river enters the southern- SEC. 1506. TRIBAL CULTURAL RESOURCES. tem, to be known as the ‘‘Sabinoso Wilder- most boundary to the point at which the (a) COORDINATION.—The Secretary shall co- ness’’. river exits the northernmost boundary of ordinate with the Tribes in the implementa- (b) MAP AND LEGAL DESCRIPTION.— private land in sec. 25 and 26, T. 14 S., R. 5 tion of the Shoshone Paiute Cultural Re- (1) IN GENERAL.—As soon as practicable W., Boise Meridian, shall be administered by source Protection Plan. after the date of enactment of this Act, the the Secretary of the Interior as a rec- (b) AGREEMENTS.—The Secretary shall seek Secretary shall file a map and a legal de- reational river. to enter into agreements with the Tribes to scription of the Sabinoso Wilderness with— ‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 implement the Shoshone Paiute Cultural Re- (A) the Committee on Energy and Natural miles of Wickahoney Creek from the con- source Protection Plan to protect cultural Resources of the Senate; and fluence of Big Jacks Creek to the upstream sites and resources important to the con- (B) the Committee on Natural Resources of boundary of the Big Jacks Creek Wilderness, tinuation of the traditions and beliefs of the the House of Representatives. to be administered by the Secretary of the Tribes. (2) FORCE OF LAW.—The map and legal de- Interior as a wild river.’’. SEC. 1507. RECREATIONAL TRAVEL MANAGE- scription filed under paragraph (1) shall have (b) BOUNDARIES.—Notwithstanding section MENT PLANS. the same force and effect as if included in 3(b) of the Wild and Scenic Rivers Act (16 (a) IN GENERAL.—In accordance with the this subtitle, except that the Secretary may U.S.C. 1274(b)), the boundary of a river seg- Federal Land Policy and Management Act of correct any clerical and typographical errors ment designated as a component of the Na- 1976 (43 U.S.C. 1701 et seq.), the Secretary in the map and legal description. tional Wild and Scenic Rivers System under shall, in coordination with the Tribes, State, (3) PUBLIC AVAILABILITY.—The map and this subtitle shall extend not more than the and County, prepare 1 or more travel man- legal description filed under paragraph (1) shorter of— agement plans for motorized and mechanized shall be on file and available for public in- 1 (1) an average distance of ⁄4 mile from the off-highway vehicle recreation for the land spection in the appropriate offices of the Bu- high water mark on both sides of the river managed by the Bureau of Land Management reau of Land Management. segment; or in the County. (c) ADMINISTRATION OF WILDERNESS.— (2) the distance to the nearest confined (b) INVENTORY.—Before preparing the plan (1) IN GENERAL.—Subject to valid existing canyon rim. under subsection (a), the Secretary shall rights, the Sabinoso Wilderness shall be ad- (c) LAND ACQUISITION.—The Secretary shall conduct resource and route inventories of ministered by the Secretary in accordance not acquire any private land within the exte- the area covered by the plan. with this subtitle and the Wilderness Act (16 rior boundary of a wild and scenic river cor- (c) LIMITATION TO DESIGNATED ROUTES.— U.S.C. 1131 et seq.), except that— ridor without the consent of the owner. (1) IN GENERAL.—Except as provided in (A) any reference in the Wilderness Act to SEC. 1505. LAND IDENTIFIED FOR DISPOSAL. paragraph (2), the plan shall limit rec- the effective date of that Act shall be consid- (a) IN GENERAL.—Consistent with applica- reational motorized and mechanized off- ered to be a reference to the date of enact- ble law, the Secretary may sell public land highway vehicle use to a system of des- ment of this Act; and located within the Boise District of the Bu- ignated roads and trails established by the (B) any reference in the Wilderness Act to reau of Land Management that, as of July 25, plan. the Secretary of Agriculture shall be consid- 2000, has been identified for disposal in ap- (2) EXCEPTION.—Paragraph (1) shall not ered to be a reference to the Secretary of the propriate resource management plans. apply to snowmobiles. Interior. (b) USE OF PROCEEDS.— (d) TEMPORARY LIMITATION.— (2) INCORPORATION OF ACQUIRED LAND AND (1) IN GENERAL.—Notwithstanding any (1) IN GENERAL.—Except as provided in INTERESTS.—Any land or interest in land other provision of law (other than a law that paragraph (2), until the date on which the within the boundary of the Sabinoso Wilder- specifically provides for a proportion of the Secretary completes the plan, all rec- ness that is acquired by the United States proceeds of a land sale to be distributed to reational motorized and mechanized off- shall— any trust fund of the State), proceeds from highway vehicle use shall be limited to roads (A) become part of the Sabinoso Wilder- the sale of public land under subsection (a) and trails lawfully in existence on the day ness; and shall be deposited in a separate account in before the date of enactment of this Act. (B) be managed in accordance with this the Treasury of the United States to be (2) EXCEPTION.—Paragraph (1) shall not subtitle and any other laws applicable to the known as the ‘‘Owyhee Land Acquisition Ac- apply to— Sabinoso Wilderness. count’’. (A) snowmobiles; or (3) GRAZING.—The grazing of livestock in (2) AVAILABILITY.— (B) areas specifically identified as open, the Sabinoso Wilderness, if established be- (A) IN GENERAL.—Amounts in the account closed, or limited in the Owyhee Resource fore the date of enactment of this Act, shall shall be available to the Secretary, without Management Plan. be administered in accordance with—

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(A) section 4(d)(4) of the Wilderness Act (16 (c) BOUNDARY.— (1) IN GENERAL.—Subject to valid existing U.S.C. 1133(d)(4)); and (1) LINE OF DEMARCATION.—The line of de- rights, the Oregon Badlands Wilderness shall (B) the guidelines set forth in Appendix A marcation shall be the boundary for any por- be administered by the Secretary in accord- of the report of the Committee on Interior tion of the Wilderness that is bordered by ance with the Wilderness Act (16 U.S.C. 1131 and Insular Affairs of the House of Rep- Lake Superior. et seq.), except that— resentatives accompanying H.R. 2570 of the (2) SURFACE WATER.—The surface water of (A) any reference in the Wilderness Act to 101st Congress (H. Rept. 101–405). Lake Superior, regardless of the fluctuating the effective date of that Act shall be consid- (4) FISH AND WILDLIFE.—In accordance with lake level, shall be considered to be outside ered to be a reference to the date of enact- section 4(d)(7) of the Wilderness Act (16 the boundary of the Wilderness. ment of this Act; and U.S.C. 1133(d)(7)), nothing in this subtitle af- (d) MAP AND LEGAL DESCRIPTION.— (B) any reference in the Wilderness Act to fects the jurisdiction of the State with re- (1) AVAILABILITY OF MAP.—The map shall the Secretary of Agriculture shall be consid- spect to fish and wildlife in the State. be on file and available for public inspection ered to be a reference to the Secretary of the (5) ACCESS.— in the appropriate offices of the National Interior. (A) IN GENERAL.—In accordance with sec- Park Service. (2) INCORPORATION OF ACQUIRED LAND AND tion 5(a) of the Wilderness Act (16 U.S.C. (2) LEGAL DESCRIPTION.—As soon as prac- INTERESTS.—Any land or interest in land 1134(a)), the Secretary shall continue to ticable after the date of enactment of this within the boundary of the Oregon Badlands allow private landowners adequate access to Act, the Secretary shall submit to the Com- Wilderness that is acquired by the United inholdings in the Sabinoso Wilderness. mittee on Energy and Natural Resources of States shall— (B) CERTAIN LAND.—For access purposes, the Senate and the Committee on Natural (A) become part of the Oregon Badlands private land within T. 16 N., R. 23 E., secs. 17 Resources of the House of Representatives a Wilderness; and and 20 and the N1⁄2 of sec. 21, N.M.M., shall be legal description of the boundary of the Wil- (B) be managed in accordance with this managed as an inholding in the Sabinoso derness. subtitle, the Wilderness Act (16 U.S.C. 1131 et Wilderness. (3) FORCE AND EFFECT.—The map and the seq.), and any other applicable law. (d) WITHDRAWAL.—Subject to valid existing legal description submitted under paragraph (3) GRAZING.—The grazing of livestock in rights, the land generally depicted on the (2) shall have the same force and effect as if the Oregon Badlands Wilderness, if estab- map as ‘‘Lands Withdrawn From Mineral included in this subtitle, except that the lished before the date of enactment of this Entry’’ and ‘‘Lands Released From Wilder- Secretary may correct any clerical or typo- Act, shall be permitted to continue subject ness Study Area & Withdrawn From Mineral graphical errors in the map and legal de- to such reasonable regulations as are consid- Entry’’ is withdrawn from— scription. ered necessary by the Secretary in accord- (1) all forms of entry, appropriation, and SEC. 1653. ADMINISTRATION. ance with— disposal under the public land laws, except (A) section 4(d)(4) of the Wilderness Act (16 disposal by exchange in accordance with sec- (a) MANAGEMENT.—Subject to valid exist- ing rights, the Wilderness shall be adminis- U.S.C. 1133(d)(4)); and tion 206 of the Federal Land Policy and Man- (B) the guidelines set forth in Appendix A agement Act of 1976 (43 U.S.C. 1716); tered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), of the report of the Committee on Interior (2) location, entry, and patent under the and Insular Affairs of the House of Rep- mining laws; and except that— (1) any reference in that Act to the effec- resentatives accompanying H.R. 2570 of the (3) operation of the mineral materials and 101st Congress (H. Rept. 101–405). geothermal leasing laws. tive date of that Act shall be considered to (4) ACCESS TO PRIVATE PROPERTY.—In ac- (e) RELEASE OF WILDERNESS STUDY be a reference to the date of enactment of cordance with section 5(a) of the Wilderness AREAS.—Congress finds that, for the pur- this Act; and poses of section 603(c) of the Federal Land (2) with respect to land administered by Act (16 U.S.C. 1134(a)), the Secretary shall Policy and Management Act of 1976 (43 the Secretary, any reference in that Act to provide any owner of private property within U.S.C. 1782(c)), the public lands within the the Secretary of Agriculture shall be consid- the boundary of the Oregon Badlands Wilder- Sabinoso Wilderness Study Area not des- ered to be a reference to the Secretary. ness adequate access to the property. ignated as wilderness by this subtitle— (b) USE OF ELECTRIC MOTORS.—The use of (c) POTENTIAL WILDERNESS.— (1) have been adequately studied for wil- boats powered by electric motors on Little (1) IN GENERAL.—In furtherance of the pur- derness designation and are no longer sub- Beaver and Big Beaver Lakes may continue, poses of the Wilderness Act (16 U.S.C. 1131 et ject to section 603(c) of the Federal Land subject to any applicable laws (including seq.), a corridor of certain Federal land man- Policy and Management Act of 1976 (43 regulations). aged by the Bureau of Land Management U.S.C. 1782(c)); and SEC. 1654. EFFECT. with a width of 25 feet, as generally depicted (2) shall be managed in accordance with ap- Nothing in this subtitle— on the wilderness map as ‘‘Potential Wilder- plicable law (including subsection (d)) and (1) modifies, alters, or affects any treaty ness’’, is designated as potential wilderness. the land use management plan for the sur- rights; (2) INTERIM MANAGEMENT.—The potential rounding area. (2) alters the management of the water of wilderness designated by paragraph (1) shall Subtitle H—Pictured Rocks National Lake Superior within the boundary of the be managed in accordance with the Wilder- Lakeshore Wilderness Pictured Rocks National Lakeshore in exist- ness Act (16 U.S.C. 1131 et seq.), except that ence on the date of enactment of this Act; or the Secretary may allow nonconforming uses SEC. 1651. DEFINITIONS. that are authorized and in existence on the In this subtitle: (3) prohibits— date of enactment of this Act to continue in (1) LINE OF DEMARCATION.—The term ‘‘line (A) the use of motors on the surface water the potential wilderness. of demarcation’’ means the point on the of Lake Superior adjacent to the Wilderness; (3) DESIGNATION AS WILDERNESS.—On the bank or shore at which the surface waters of or date on which the Secretary publishes in the Lake Superior meet the land or sand beach, (B) the beaching of motorboats at the line Federal Register notice that any noncon- regardless of the level of Lake Superior. of demarcation. forming uses in the potential wilderness des- (2) MAP.—The term ‘‘map’’ means the map Subtitle I—Oregon Badlands Wilderness ignated by paragraph (1) that are permitted entitled ‘‘Pictured Rocks National Lake- SEC. 1701. DEFINITIONS. under paragraph (2) have terminated, the po- shore Beaver Basin Wilderness Boundary’’, In this subtitle: tential wilderness shall be— numbered 625/80,051, and dated April 16, 2007. (1) DISTRICT.—The term ‘‘District’’ means (A) designated as wilderness and as a com- (3) NATIONAL LAKESHORE.—The term ‘‘Na- the Central Oregon Irrigation District. ponent of the National Wilderness Preserva- tional Lakeshore’’ means the Pictured Rocks (2) SECRETARY.—The term ‘‘Secretary’’ tion System; and National Lakeshore. means the Secretary of the Interior. (B) incorporated into the Oregon Badlands (4) SECRETARY.—The term ‘‘Secretary’’ (3) STATE.—The term ‘‘State’’ means the Wilderness. means the Secretary of the Interior. State of Oregon. (d) MAP AND LEGAL DESCRIPTION.— (5) WILDERNESS.—The term ‘‘Wilderness’’ (4) WILDERNESS MAP.—The term ‘‘wilder- (1) IN GENERAL.—As soon as practicable means the Beaver Basin Wilderness des- ness map’’ means the map entitled ‘‘Bad- ignated by section 1652(a). after the date of enactment of this Act, the lands Wilderness’’ and dated September 3, Secretary shall file a map and legal descrip- SEC. 1652. DESIGNATION OF BEAVER BASIN WIL- 2008. DERNESS. tion of the Oregon Badlands Wilderness SEC. 1702. OREGON BADLANDS WILDERNESS. (a) IN GENERAL.—In accordance with the with— Wilderness Act (16 U.S.C. 1131 et seq.), the (a) DESIGNATION.—In accordance with the (A) the Committee on Energy and Natural land described in subsection (b) is designated Wilderness Act (16 U.S.C. 1131 et seq.), the Resources of the Senate; and as wilderness and as a component of the Na- approximately 29,301 acres of Bureau of Land (B) the Committee on Natural Resources of tional Wilderness Preservation System, to be Management land in the State, as generally the House of Representatives. known as the ‘‘Beaver Basin Wilderness’’. depicted on the wilderness map, is des- (2) FORCE OF LAW.—The map and legal de- (b) DESCRIPTION OF LAND.—The land re- ignated as wilderness and as a component of scription filed under paragraph (1) shall have ferred to in subsection (a) is the land and in- the National Wilderness Preservation Sys- the same force and effect as if included in land water comprising approximately 11,740 tem, to be known as the ‘‘Oregon Badlands this subtitle, except that the Secretary may acres within the National Lakeshore, as gen- Wilderness’’. correct typographical errors in the map and erally depicted on the map. (b) ADMINISTRATION OF WILDERNESS.— legal description.

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(3) PUBLIC AVAILABILITY.—The map and Federal Land Policy and Management Act of (3) TRIBES.—The term ‘‘Tribes’’ means the legal description filed under paragraph (1) 1976 (43 U.S.C. 1716). Confederated Tribes of the Warm Springs shall be on file and available for public in- (d) VALUATION, APPRAISALS, AND EQUALI- Reservation of Oregon. spection in the appropriate offices of the Bu- ZATION.— (4) WILDERNESS MAP.—The term ‘‘wilder- reau of Land Management. (1) IN GENERAL.—The value of the Federal ness map’’ means the map entitled ‘‘Spring SEC. 1703. RELEASE. land and the non-Federal land to be con- Basin Wilderness with Land Exchange Pro- (a) FINDING.—Congress finds that, for the veyed in a land exchange under this sec- posals’’ and dated September 3, 2008. purposes of section 603(c) of the Federal Land tion— SEC. 1752. SPRING BASIN WILDERNESS. (A) shall be equal, as determined by ap- Policy and Management Act of 1976 (43 (a) DESIGNATION.—In accordance with the U.S.C. 1782(c)), the portions of the Badlands praisals conducted in accordance with para- Wilderness Act (16 U.S.C. 1131 et seq.), the wilderness study area that are not des- graph (2); or approximately 6,382 acres of Bureau of Land ignated as the Oregon Badlands Wilderness (B) if not equal, shall be equalized in ac- Management land in the State, as generally cordance with paragraph (3). or as potential wilderness have been ade- depicted on the wilderness map, is des- (2) APPRAISALS.— quately studied for wilderness or potential ignated as wilderness and as a component of (A) IN GENERAL.—The Federal land and the wilderness designation. the National Wilderness Preservation Sys- non-Federal land to be exchanged under this (b) RELEASE.—Any public land described in tem, to be known as the ‘‘Spring Basin Wil- section shall be appraised by an independent, subsection (a) that is not designated as wil- derness’’. qualified appraiser that is agreed to by the derness by this subtitle— (b) ADMINISTRATION OF WILDERNESS.— Secretary and the owner of the non-Federal (1) is no longer subject to section 603(c) of (1) IN GENERAL.—Subject to valid existing land to be exchanged. the Federal Land Policy and Management rights, the Spring Basin Wilderness shall be (B) REQUIREMENTS.—An appraisal under Act of 1976 (43 U.S.C. 1782(c)); and administered by the Secretary in accordance subparagraph (A) shall be conducted in ac- (2) shall be managed in accordance with with the Wilderness Act (16 U.S.C. 1131 et cordance with— the applicable land use plan adopted under seq.), except that— (i) the Uniform Appraisal Standards for section 202 of that Act (43 U.S.C. 1712). (A) any reference in the Wilderness Act to Federal Land Acquisitions; and the effective date of that Act shall be consid- SEC. 1704. LAND EXCHANGES. (ii) the Uniform Standards of Professional ered to be a reference to the date of enact- (a) CLARNO LAND EXCHANGE.— Appraisal Practice. ment of this Act; and (1) CONVEYANCE OF LAND.—Subject to sub- (3) EQUALIZATION.— (B) any reference in the Wilderness Act to sections (c) through (e), if the landowner of- (A) IN GENERAL.—If the value of the Fed- fers to convey to the United States all right, eral land and the non-Federal land to be con- the Secretary of Agriculture shall be consid- title, and interest of the landowner in and to veyed in a land exchange under this section ered to be a reference to the Secretary of the the non-Federal land described in paragraph is not equal, the value may be equalized by— Interior. (2)(A), the Secretary shall— (i) making a cash equalization payment to (2) INCORPORATION OF ACQUIRED LAND AND (A) accept the offer; and the Secretary or to the owner of the non- INTERESTS.—Any land or interest in land (B) on receipt of acceptable title to the Federal land, as appropriate, in accordance within the boundary of the Spring Basin Wil- non-Federal land, convey to the Landowner with section 206(b) of the Federal Land Pol- derness that is acquired by the United States all right, title, and interest of the United icy and Management Act of 1976 (43 U.S.C. shall— States in and to the Federal land described 1716(b)); or (A) become part of the Spring Basin Wil- in paragraph (2)(B). (ii) reducing the acreage of the Federal derness; and (2) DESCRIPTION OF LAND.— land or the non-Federal land to be ex- (B) be managed in accordance with this (A) NON-FEDERAL LAND.—The non-Federal changed, as appropriate. Act, the Wilderness Act (16 U.S.C. 1131 et land referred to in paragraph (1) is the ap- (B) CASH EQUALIZATION PAYMENTS.—Any seq.), and any other applicable law. proximately 239 acres of non-Federal land cash equalization payments received by the (3) GRAZING.—The grazing of livestock in identified on the wilderness map as ‘‘Clarno Secretary under subparagraph (A)(i) shall the Spring Basin Wilderness, if established to Federal Government’’. be— before the date of enactment of this Act, (B) FEDERAL LAND.—The Federal land re- (i) deposited in the Federal Land Disposal shall be permitted to continue subject to ferred to in paragraph (1)(B) is the approxi- Account established by section 206(a) of the such reasonable regulations as are consid- mately 209 acres of Federal land identified Federal Land Transaction Facilitation Act ered necessary by the Secretary, in accord- on the wilderness map as ‘‘Federal Govern- (43 U.S.C. 2305(a)); and ance with— ment to Clarno’’. (ii) used in accordance with that Act. (A) section 4(d)(4) of the Wilderness Act (16 (3) SURVEYS.—The exact acreage and legal (e) CONDITIONS OF EXCHANGE.— U.S.C. 1133(d)(4)); and description of the Federal land and non-Fed- (1) IN GENERAL.—The land exchanges under (B) the guidelines set forth in Appendix A eral land described in paragraph (2) shall be this section shall be subject to such terms of the report of the Committee on Interior determined by surveys approved by the Sec- and conditions as the Secretary may require. and Insular Affairs of the House of Rep- retary. (2) COSTS.—As a condition of a conveyance resentatives accompanying H.R. 2570 of the (b) DISTRICT EXCHANGE.— of Federal land and non-Federal land under 101st Congress (H. Rept. 101–405). (1) CONVEYANCE OF LAND.—Subject to sub- this section, the Federal Government and (c) MAP AND LEGAL DESCRIPTION.— sections (c) through (e), if the District offers the owner of the non-Federal land shall (1) IN GENERAL.—As soon as practicable to convey to the United States all right, equally share all costs relating to the land after the date of enactment of this Act, the title, and interest of the District in and to exchange, including the costs of appraisals, Secretary shall file a map and a legal de- the non-Federal land described in paragraph surveys, and any necessary environmental scription of the Spring Basin Wilderness (2)(A), the Secretary shall— clearances. with— (A) accept the offer; and (3) VALID EXISTING RIGHTS.—The exchange (A) the Committee on Energy and Natural (B) on receipt of acceptable title to the of Federal land and non-Federal land under Resources of the Senate; and non-Federal land, convey to the District all this section shall be subject to any ease- (B) the Committee on Natural Resources of right, title, and interest of the United States ments, rights-of-way, and other valid rights the House of Representatives. in and to the Federal land described in para- in existence on the date of enactment of this (2) FORCE OF LAW.—The map and legal de- graph (2)(B). Act. scription filed under paragraph (1) shall have (2) DESCRIPTION OF LAND.— (f) COMPLETION OF LAND EXCHANGE.—It is the same force and effect as if included in (A) NON-FEDERAL LAND.—The non-Federal the intent of Congress that the land ex- this section, except that the Secretary may land referred to in paragraph (1) is the ap- changes under this section shall be com- correct any typographical errors in the map proximately 527 acres of non-Federal land pleted not later than 2 years after the date of and legal description. identified on the wilderness map as ‘‘COID to enactment of this Act. (3) PUBLIC AVAILABILITY.—The map and Federal Government’’. SEC. 1705. PROTECTION OF TRIBAL TREATY legal description filed under paragraph (1) (B) FEDERAL LAND.—The Federal land re- RIGHTS. shall be on file and available for public in- ferred to in paragraph (1)(B) is the approxi- Nothing in this subtitle alters, modifies, spection in the appropriate offices of the Bu- mately 697 acres of Federal land identified enlarges, diminishes, or abrogates the treaty reau of Land Management. on the wilderness map as ‘‘Federal Govern- rights of any Indian tribe, including the off- SEC. 1753. RELEASE. ment to COID’’. reservation reserved rights secured by the (a) FINDING.—Congress finds that, for the (3) SURVEYS.—The exact acreage and legal Treaty with the Tribes and Bands of Middle purposes of section 603(c) of the Federal Land description of the Federal land and non-Fed- Oregon of June 25, 1855 (12 Stat. 963). Policy and Management Act of 1976 (43 eral land described in paragraph (2) shall be Subtitle J—Spring Basin Wilderness, Oregon U.S.C. 1782(c)), the portions of the Spring determined by surveys approved by the Sec- SEC. 1751. DEFINITIONS. Basin wilderness study area that are not des- retary. In this subtitle: ignated by section 1752(a) as the Spring (c) APPLICABLE LAW.—Except as otherwise (1) SECRETARY.—The term ‘‘Secretary’’ Basin Wilderness in the following areas have provided in this section, the Secretary shall means the Secretary of the Interior. been adequately studied for wilderness des- carry out the land exchanges under this sec- (2) STATE.—The term ‘‘State’’ means the ignation: tion in accordance with section 206 of the State of Oregon. (1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1⁄2.

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(2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1⁄4. (c) KEYS LAND EXCHANGE.— (B) REQUIREMENTS.—An appraisal under (3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1⁄2 of (1) CONVEYANCE OF LAND.—Subject to sub- subparagraph (A) shall be conducted in ac- the S 1⁄2. sections (e) through (g), if the landowner of- cordance with— (b) RELEASE.—Any public land described in fers to convey to the United States all right, (i) the Uniform Appraisal Standards for subsection (a) that is not designated as wil- title, and interest of the landowner in and to Federal Land Acquisitions; and derness by this subtitle— the non-Federal land described in paragraph (ii) the Uniform Standards of Professional (1) is no longer subject to section 603(c) of (2)(A), the Secretary shall— Appraisal Practice. the Federal Land Policy and Management (A) accept the offer; and (3) EQUALIZATION.— Act of 1976 (43 U.S.C. 1782(c)); and (B) on receipt of acceptable title to the (A) IN GENERAL.—If the value of the Fed- (2) shall be managed in accordance with non-Federal land, convey to the landowner eral land and the non-Federal land to be con- the applicable land use plan adopted under all right, title, and interest of the United veyed in a land exchange under this section section 202 of that Act (43 U.S.C. 1712). States in and to the Federal land described is not equal, the value may be equalized by— SEC. 1754. LAND EXCHANGES. in paragraph (2)(B). (i) making a cash equalization payment to (a) CONFEDERATED TRIBES OF THE WARM (2) DESCRIPTION OF LAND.— the Secretary or to the owner of the non- SPRINGS RESERVATION LAND EXCHANGE.— (A) NON-FEDERAL LAND.—The non-Federal Federal land, as appropriate, in accordance (1) CONVEYANCE OF LAND.—Subject to sub- land referred to in paragraph (1) is the ap- with section 206(b) of the Federal Land Pol- sections (e) through (g), if the Tribes offer to proximately 180 acres of non-Federal land icy and Management Act of 1976 (43 U.S.C. convey to the United States all right, title, identified on the wilderness map as ‘‘Lands 1716(b)); or and interest of the Tribes in and to the non- proposed for transfer from Keys to the Fed- (ii) reducing the acreage of the Federal Federal land described in paragraph (2)(A), eral Government’’. land or the non-Federal land to be ex- the Secretary shall— (B) FEDERAL LAND.—The Federal land re- changed, as appropriate. (A) accept the offer; and ferred to in paragraph (1)(B) is the approxi- (B) CASH EQUALIZATION PAYMENTS.—Any (B) on receipt of acceptable title to the mately 187 acres of Federal land identified cash equalization payments received by the non-Federal land, convey to the Tribes all on the wilderness map as ‘‘Lands proposed Secretary under subparagraph (A)(i) shall right, title, and interest of the United States for transfer from the Federal Government to be— in and to the Federal land described in para- Keys’’. (i) deposited in the Federal Land Disposal graph (2)(B). (3) SURVEYS.—The exact acreage and legal Account established by section 206(a) of the (2) DESCRIPTION OF LAND.— description of the Federal land and non-Fed- Federal Land Transaction Facilitation Act (A) NON-FEDERAL LAND.—The non-Federal eral land described in paragraph (2) shall be (43 U.S.C. 2305(a)); and land referred to in paragraph (1) is the ap- determined by surveys approved by the Sec- (ii) used in accordance with that Act. proximately 4,480 acres of non-Federal land retary. (g) CONDITIONS OF EXCHANGE.— (1) IN GENERAL.—The land exchanges under identified on the wilderness map as ‘‘Lands (d) BOWERMAN LAND EXCHANGE.— this section shall be subject to such terms proposed for transfer from the CTWSIR to (1) CONVEYANCE OF LAND.—Subject to sub- and conditions as the Secretary may require. the Federal Government’’. sections (e) through (g), if the landowner of- (2) COSTS.—As a condition of a conveyance (B) FEDERAL LAND.—The Federal land re- fers to convey to the United States all right, of Federal land and non-Federal land under ferred to in paragraph (1)(B) is the approxi- title, and interest of the landowner in and to this section, the Federal Government and mately 4,578 acres of Federal land identified the non-Federal land described in paragraph the owner of the non-Federal land shall on the wilderness map as ‘‘Lands proposed (2)(A), the Secretary shall— equally share all costs relating to the land for transfer from the Federal Government to (A) accept the offer; and exchange, including the costs of appraisals, CTWSIR’’. (B) on receipt of acceptable title to the surveys, and any necessary environmental (3) SURVEYS.—The exact acreage and legal non-Federal land, convey to the landowner clearances. description of the Federal land and non-Fed- all right, title, and interest of the United (3) VALID EXISTING RIGHTS.—The exchange eral land described in paragraph (2) shall be States in and to the Federal land described of Federal land and non-Federal land under determined by surveys approved by the Sec- in paragraph (2)(B). this section shall be subject to any ease- retary. (2) DESCRIPTION OF LAND.— ments, rights-of-way, and other valid rights (4) WITHDRAWAL.—Subject to valid existing (A) NON-FEDERAL LAND.—The non-Federal in existence on the date of enactment of this rights, the land acquired by the Secretary land referred to in paragraph (1) is the ap- Act. under this subsection is withdrawn from all proximately 32 acres of non-Federal land (h) COMPLETION OF LAND EXCHANGE.—It is forms of— identified on the wilderness map as ‘‘Lands (A) entry, appropriation, or disposal under the intent of Congress that the land ex- proposed for transfer from Bowerman to the changes under this section shall be com- the public land laws; Federal Government’’. (B) location, entry, and patent under the pleted not later than 2 years after the date of (B) FEDERAL LAND.—The Federal land re- enactment of this Act. mining laws; and ferred to in paragraph (1)(B) is the approxi- SEC. 1755. PROTECTION OF TRIBAL TREATY (C) disposition under any law relating to mately 24 acres of Federal land identified on mineral and geothermal leasing or mineral RIGHTS. the wilderness map as ‘‘Lands proposed for Nothing in this subtitle alters, modifies, materials. transfer from the Federal Government to enlarges, diminishes, or abrogates the treaty (b) MCGREER LAND EXCHANGE.— Bowerman’’. rights of any Indian tribe, including the off- (1) CONVEYANCE OF LAND.—Subject to sub- (3) SURVEYS.—The exact acreage and legal reservation reserved rights secured by the sections (e) through (g), if the landowner of- description of the Federal land and non-Fed- Treaty with the Tribes and Bands of Middle fers to convey to the United States all right, eral land described in paragraph (2) shall be Oregon of June 25, 1855 (12 Stat. 963). title, and interest of the landowner in and to determined by surveys approved by the Sec- the non-Federal land described in paragraph retary. Subtitle K—Eastern Sierra and Northern San (2)(A), the Secretary shall— Gabriel Wilderness, California (e) APPLICABLE LAW.—Except as otherwise (A) accept the offer; and SEC. 1801. DEFINITIONS. provided in this section, the Secretary shall (B) on receipt of acceptable title to the In this subtitle: carry out the land exchanges under this sec- non-Federal land, convey to the landowner (1) FOREST.—The term ‘‘Forest’’ means the all right, title, and interest of the United tion in accordance with section 206 of the Ancient Bristlecone Pine Forest designated States in and to the Federal land described Federal Land Policy and Management Act of by section 1808(a). in paragraph (2)(B). 1976 (43 U.S.C. 1716). (2) RECREATION AREA.—The term ‘‘Recre- (2) DESCRIPTION OF LAND.— (f) VALUATION, APPRAISALS, AND EQUALI- ation Area’’ means the Bridgeport Winter (A) NON-FEDERAL LAND.—The non-Federal ZATION.— Recreation Area designated by section land referred to in paragraph (1) is the ap- (1) IN GENERAL.—The value of the Federal 1806(a). proximately 18 acres of non-Federal land land and the non-Federal land to be con- (3) SECRETARY.—The term ‘‘Secretary’’ identified on the wilderness map as ‘‘Lands veyed in a land exchange under this sec- means— proposed for transfer from McGreer to the tion— (A) with respect to land under the jurisdic- Federal Government’’. (A) shall be equal, as determined by ap- tion of the Secretary of Agriculture, the Sec- (B) FEDERAL LAND.—The Federal land re- praisals conducted in accordance with para- retary of Agriculture; and ferred to in paragraph (1)(B) is the approxi- graph (2); or (B) with respect to land under the jurisdic- mately 327 acres of Federal land identified (B) if not equal, shall be equalized in ac- tion of the Secretary of the Interior, the Sec- on the wilderness map as ‘‘Lands proposed cordance with paragraph (3). retary of the Interior. for transfer from the Federal Government to (2) APPRAISALS.— (4) STATE.—The term ‘‘State’’ means the McGreer’’. (A) IN GENERAL.—The Federal land and the State of California. (3) SURVEYS.—The exact acreage and legal non-Federal land to be exchanged under this (5) TRAIL.—The term ‘‘Trail’’ means the description of the Federal land and non-Fed- section shall be appraised by an independent, Pacific Crest National Scenic Trail. eral land described in paragraph (2) shall be qualified appraiser that is agreed to by the SEC. 1802. DESIGNATION OF WILDERNESS AREAS. determined by surveys approved by the Sec- Secretary and the owner of the non-Federal In accordance with the Wilderness Act (16 retary. land to be exchanged. U.S.C. 1131 et seq.), the following areas in the

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.034 S15JAPT1 jbell on PROD1PC69 with SENATE S448 CONGRESSIONAL RECORD — SENATE January 15, 2009 State are designated as wilderness and as (i) the map entitled ‘‘White Mountains (3) disposition under laws relating to min- components of the National Wilderness Pres- Proposed Wilderness-Map 1 of 2 (North)’’ and eral and geothermal leasing or mineral ma- ervation System: dated September 16, 2008; and terials. (1) HOOVER WILDERNESS ADDITIONS.— (ii) the map entitled ‘‘White Mountains (e) FIRE MANAGEMENT AND RELATED ACTIVI- (A) IN GENERAL.—Certain land in the Hum- Proposed Wilderness-Map 2 of 2 (South)’’ and TIES.— boldt-Toiyabe and Inyo National Forests, dated September 16, 2008. (1) IN GENERAL.—The Secretary may take comprising approximately 79,820 acres and (6) GRANITE MOUNTAIN WILDERNESS.—Cer- such measures in a wilderness area or wilder- identified as ‘‘Hoover East Wilderness Addi- tain land in the Inyo National Forest and ness addition designated by this subtitle as tion,’’ ‘‘Hoover West Wilderness Addition’’, certain land administered by the Bureau of are necessary for the control of fire, insects, and ‘‘Bighorn Proposed Wilderness Addi- Land Management in Mono County, Cali- and diseases in accordance with section tion’’, as generally depicted on the maps de- fornia, comprising approximately 34,342 4(d)(1) of the Wilderness Act (16 U.S.C. scribed in subparagraph (B), is incorporated acres, as generally depicted on the map enti- 1133(d)(1)) and House Report 98–40 of the 98th in, and shall be considered to be a part of, tled ‘‘Granite Mountain Wilderness’’ and Congress. the Hoover Wilderness. dated September 19, 2008, which shall be (2) FUNDING PRIORITIES.—Nothing in this (B) DESCRIPTION OF MAPS.—The maps re- known as the ‘‘Granite Mountain Wilder- subtitle limits funding for fire and fuels ferred to in subparagraph (A) are— ness’’. management in the wilderness areas and wil- (i) the map entitled ‘‘Humboldt-Toiyabe (7) MAGIC MOUNTAIN WILDERNESS.—Certain derness additions designated by this subtitle. National Forest Proposed Management’’ and land in the Angeles National Forest, com- (3) REVISION AND DEVELOPMENT OF LOCAL dated September 17, 2008; and prising approximately 12,282 acres, as gen- FIRE MANAGEMENT PLANS.—As soon as prac- (ii) the map entitled ‘‘Bighorn Proposed erally depicted on the map entitled ‘‘Magic ticable after the date of enactment of this Wilderness Additions’’ and dated September Mountain Proposed Wilderness’’ and dated Act, the Secretary shall amend the local fire 23, 2008. December 16, 2008, which shall be known as management plans that apply to the land (C) EFFECT.—The designation of the wilder- the ‘‘Magic Mountain Wilderness’’. designated as a wilderness area or wilderness ness under subparagraph (A) shall not affect (8) PLEASANT VIEW RIDGE WILDERNESS.—Cer- addition by this subtitle. the ongoing activities of the adjacent United tain land in the Angeles National Forest, (4) ADMINISTRATION.—Consistent with para- States Marine Corps Mountain Warfare comprising approximately 26,757 acres, as graph (1) and other applicable Federal law, Training Center on land outside the des- generally depicted on the map entitled to ensure a timely and efficient response to ignated wilderness, in accordance with the ‘‘Pleasant View Ridge Proposed Wilderness’’ fire emergencies in the wilderness areas and agreement between the Center and the Hum- and dated December 16, 2008, which shall be wilderness additions designated by this sub- boldt-Toiyabe National Forest. known as the ‘‘Pleasant View Ridge Wilder- title, the Secretary shall— (2) OWENS RIVER HEADWATERS WILDER- ness’’. (A) not later than 1 year after the date of NESS.—Certain land in the Inyo National SEC. 1803. ADMINISTRATION OF WILDERNESS enactment of this Act, establish agency ap- Forest, comprising approximately 14,721 AREAS. proval procedures (including appropriate del- acres, as generally depicted on the map enti- (a) MANAGEMENT.—Subject to valid exist- egations of authority to the Forest Super- tled ‘‘Owens River Headwaters Proposed Wil- ing rights, the Secretary shall administer visor, District Manager, or other agency offi- derness’’ and dated September 16, 2008, which the wilderness areas and wilderness addi- cials) for responding to fire emergencies; and shall be known as the ‘‘Owens River Head- tions designated by this subtitle in accord- (B) enter into agreements with appropriate waters Wilderness’’. ance with the Wilderness Act (16 U.S.C. 1131 State or local firefighting agencies. (3) JOHN MUIR WILDERNESS ADDITIONS.— et seq.), except that— (f) ACCESS TO PRIVATE PROPERTY.—The (A) IN GENERAL.—Certain land in the Inyo (1) any reference in that Act to the effec- Secretary shall provide any owner of private National Forest and certain land adminis- tive date shall be considered to be a ref- property within the boundary of a wilderness tered by the Bureau of Land Management in erence to the date of enactment of this Act; area or wilderness addition designated by Inyo County, California, comprising approxi- and this subtitle adequate access to the property mately 70,411 acres, as generally depicted on (2) any reference in that Act to the Sec- to ensure the reasonable use and enjoyment the maps described in subparagraph (B), is retary of Agriculture shall be considered to of the property by the owner. incorporated in, and shall be considered to be be a reference to the Secretary that has ju- (g) MILITARY ACTIVITIES.—Nothing in this a part of, the John Muir Wilderness. risdiction over the land. subtitle precludes— (B) DESCRIPTION OF MAPS.—The maps re- (b) MAP AND LEGAL DESCRIPTION.— (1) low-level overflights of military air- ferred to in subparagraph (A) are— (1) IN GENERAL.—As soon as practicable craft over the wilderness areas or wilderness (i) the map entitled ‘‘John Muir Proposed after the date of enactment of this Act, the additions designated by this subtitle; Wilderness Addition (1 of 5)’’ and dated Sep- Secretary shall file a map and legal descrip- (2) the designation of new units of special tember 23, 2008; tion of each wilderness area and wilderness airspace over the wilderness areas or wilder- (ii) the map entitled ‘‘John Muir Proposed addition designated by this subtitle with— ness additions designated by this subtitle; or Wilderness Addition (2 of 5)’’ and dated Sep- (A) the Committee on Natural Resources of (3) the use or establishment of military tember 23, 2008; the House of Representatives; and flight training routes over wilderness areas (iii) the map entitled ‘‘John Muir Proposed (B) the Committee on Energy and Natural or wilderness additions designated by this Wilderness Addition (3 of 5)’’ and dated Octo- Resources of the Senate. subtitle. ber 31, 2008; (2) FORCE OF LAW.—Each map and legal de- (h) LIVESTOCK.—Grazing of livestock and (iv) the map entitled ‘‘John Muir Proposed scription filed under paragraph (1) shall have the maintenance of existing facilities relat- Wilderness Addition (4 of 5)’’ and dated Sep- the same force and effect as if included in ing to grazing in wilderness areas or wilder- tember 16, 2008; and this subtitle, except that the Secretary may ness additions designated by this subtitle, if (v) the map entitled ‘‘John Muir Proposed correct any errors in the map and legal de- established before the date of enactment of Wilderness Addition (5 of 5)’’ and dated Sep- scription. this Act, shall be permitted to continue in tember 16, 2008. (3) PUBLIC AVAILABILITY.—Each map and accordance with— (C) BOUNDARY REVISION.—The boundary of legal description filed under paragraph (1) (1) section 4(d)(4) of the Wilderness Act (16 the John Muir Wilderness is revised as de- shall be on file and available for public in- U.S.C. 1133(d)(4)); and picted on the map entitled ‘‘John Muir Wil- spection in the appropriate offices of the (2) the guidelines set forth in Appendix A derness—Revised’’ and dated September 16, Secretary. of the report of the Committee on Interior 2008. (c) INCORPORATION OF ACQUIRED LAND AND and Insular Affairs of the House of Rep- (4) ANSEL ADAMS WILDERNESS ADDITION.— INTERESTS.—Any land (or interest in land) resentatives accompanying H.R. 2570 of the Certain land in the Inyo National Forest, within the boundary of a wilderness area or 101st Congress (H. Rept. 101–405). comprising approximately 528 acres, as gen- wilderness addition designated by this sub- (i) FISH AND WILDLIFE MANAGEMENT.— erally depicted on the map entitled ‘‘Ansel title that is acquired by the Federal Govern- (1) IN GENERAL.—In furtherance of the pur- Adams Proposed Wilderness Addition’’ and ment shall— poses of the Wilderness Act (16 U.S.C. 1131 et dated September 16, 2008, is incorporated in, (1) become part of the wilderness area in seq.), the Secretary may carry out manage- and shall be considered to be a part of, the which the land is located; and ment activities to maintain or restore fish Ansel Adams Wilderness. (2) be managed in accordance with this and wildlife populations and fish and wildlife (5) WHITE MOUNTAINS WILDERNESS.— subtitle, the Wilderness Act (16 U.S.C. 1131 et habitats in wilderness areas or wilderness (A) IN GENERAL.—Certain land in the Inyo seq.), and any other applicable law. additions designated by this subtitle if the National Forest and certain land adminis- (d) WITHDRAWAL.—Subject to valid rights activities are— tered by the Bureau of Land Management in in existence on the date of enactment of this (A) consistent with applicable wilderness Mono County, California, comprising ap- Act, any Federal land designated as a wilder- management plans; and proximately 229,993 acres, as generally de- ness area or wilderness addition by this sub- (B) carried out in accordance with applica- picted on the maps described in subpara- title is withdrawn from— ble guidelines and policies. graph (B), which shall be known as the (1) all forms of entry, appropriation, or dis- (2) STATE JURISDICTION.—Nothing in this ‘‘White Mountains Wilderness’’. posal under the public land laws; subtitle affects the jurisdiction of the State (B) DESCRIPTION OF MAPS.—The maps re- (2) location, entry, and patent under the with respect to fish and wildlife on public ferred to in subparagraph (A) are— mining laws; and land located in the State.

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(j) HORSES.—Nothing in this subtitle pre- feet upstream of the Tecopa Hot Springs at the first bridge crossing to the boundary cludes horseback riding in, or the entry of road crossing, as a scenic river. of the Sespe Wilderness, as a recreational recreational or commercial saddle or pack ‘‘(B) The approximately 8-mile segment of river. stock into, an area designated as wilderness the Amargosa River from 100 feet down- ‘‘(B) The 4.25-mile segment from the or as a wilderness addition by this subtitle— stream of the Tecopa Hot Springs Road boundary of the Sespe Wilderness to the (1) in accordance with section 4(d)(5) of the crossing to 100 feet upstream of the Old boundary between Los Angeles and Ventura Wilderness Act (16 U.S.C. 1133(d)(5)); and Spanish Trail Highway crossing near Tecopa, Counties, as a wild river.’’. (2) subject to any terms and conditions de- as a scenic river. (b) EFFECT.—The designation of Piru Creek termined to be necessary by the Secretary. ‘‘(C) The approximately 7.9-mile segment under subsection (a) shall not affect valid (k) OUTFITTER AND GUIDE USE.—Outfitter of the Amargosa River from the northern rights in existence on the date of enactment and guide activities conducted under permits boundary of sec. 16, T. 20 N., R. 7 E., to .25 of this Act. issued by the Forest Service on the additions miles upstream of the confluence with Sper- SEC. 1806. BRIDGEPORT WINTER RECREATION to the John Muir, Ansel Adams, and Hoover ry Wash in sec. 10, T. 19 N., R. 7 E., as a wild AREA. wilderness areas designated by this subtitle river. (a) DESIGNATION.—The approximately 7,254 shall be in addition to any existing limits es- ‘‘(D) The approximately 4.9-mile segment acres of land in the Humboldt-Toiyabe Na- tablished for the John Muir, Ansel Adams, of the Amargosa River from .25 miles up- tional Forest identified as the ‘‘Bridgeport and Hoover wilderness areas. stream of the confluence with Sperry Wash Winter Recreation Area’’, as generally de- (l) TRANSFER TO THE FOREST SERVICE.— in sec. 10, T. 19 N., R. 7 E. to 100 feet up- picted on the map entitled ‘‘Humboldt- (1) WHITE MOUNTAINS WILDERNESS.—Admin- stream of the Dumont Dunes access road Toiyabe National Forest Proposed Manage- istrative jurisdiction over the approximately crossing in sec. 32, T. 19 N., R. 7 E., as a rec- ment’’ and dated September 17, 2008, is des- 946 acres of land identified as ‘‘Transfer of reational river. ignated as the Bridgeport Winter Recreation Administrative Jurisdiction from BLM to ‘‘(E) The approximately 1.4-mile segment Area. FS’’ on the maps described in section of the Amargosa River from 100 feet down- (b) MAP AND LEGAL DESCRIPTION.— 1802(5)(B) is transferred from the Bureau of stream of the Dumont Dunes access road (1) IN GENERAL.—As soon as practicable Land Management to the Forest Service to crossing in sec. 32, T. 19 N., R. 7 E., as a rec- after the date of enactment of this Act, the be managed as part of the White Mountains reational river. Secretary shall file a map and legal descrip- Wilderness. ‘‘(197) OWENS RIVER HEADWATERS, CALI- tion of the Recreation Area with— (2) JOHN MUIR WILDERNESS.—Administra- FORNIA.—The following segments of the (A) the Committee on Natural Resources of tive jurisdiction over the approximately 143 Owens River in the State of California, to be the House of Representatives; and acres of land identified as ‘‘Transfer of Ad- administered by the Secretary of Agri- (B) the Committee on Energy and Natural ministrative Jurisdiction from BLM to FS’’ culture: Resources of the Senate. on the maps described in section 1802(3)(B) is ‘‘(A) The 2.3-mile segment of Deadman (2) FORCE OF LAW.—The map and legal de- transferred from the Bureau of Land Man- Creek from the 2-forked source east of San scription filed under paragraph (1) shall have agement to the Forest Service to be man- Joaquin Peak to the confluence with the the same force and effect as if included in aged as part of the John Muir Wilderness. unnamed tributary flowing north into this subtitle, except that the Secretary may Deadman Creek from sec. 12, T. 3 S., R. 26 E., (m) TRANSFER TO THE BUREAU OF LAND correct any errors in the map and legal de- as a wild river. MANAGEMENT.—Administrative jurisdiction scription. ‘‘(B) The 2.3-mile segment of Deadman over the approximately 3,010 acres of land (3) PUBLIC AVAILABILITY.—The map and Creek from the unnamed tributary con- identified as ‘‘Land from FS to BLM’’ on the legal description filed under paragraph (1) fluence in sec. 12, T. 3 S., R. 26 E., to the maps described in section 1802(6) is trans- shall be on file and available for public in- Road 3S22 crossing, as a scenic river. ferred from the Forest Service to the Bureau spection in the appropriate offices of the ‘‘(C) The 4.1-mile segment of Deadman of Land Management to be managed as part Forest Service. Creek from the Road 3S22 crossing to .25 (c) MANAGEMENT.— of the Granite Mountain Wilderness. miles downstream of the Highway 395 cross- (1) INTERIM MANAGEMENT.—Until comple- SEC. 1804. RELEASE OF WILDERNESS STUDY ing, as a recreational river. tion of the management plan required under AREAS. ‘‘(D) The 3-mile segment of Deadman Creek subsection (d), and except as provided in (a) FINDING.—Congress finds that, for pur- from .25 miles downstream of the Highway paragraph (2), the Recreation Area shall be poses of section 603 of the Federal Land Pol- 395 crossing to 100 feet upstream of Big managed in accordance with the Toiyabe Na- icy and Management Act of 1976 (43 U.S.C. Springs, as a scenic river. tional Forest Land and Resource Manage- 1782), any portion of a wilderness study area ‘‘(E) The 1-mile segment of the Upper ment Plan of 1986 (as in effect on the day of described in subsection (b) that is not des- Owens River from 100 feet upstream of Big enactment of this Act). ignated as a wilderness area or wilderness Springs to the private property boundary in (2) USE OF SNOWMOBILES.—The winter use addition by this subtitle or any other Act en- sec. 19, T. 2 S., R. 28 E., as a recreational of snowmobiles shall be allowed in the acted before the date of enactment of this river. Recreation Area— Act has been adequately studied for wilder- ‘‘(F) The 4-mile segment of Glass Creek (A) during periods of adequate snow cov- ness. from its 2-forked source to 100 feet upstream erage during the winter season; and (b) DESCRIPTION OF STUDY AREAS.—The of the Glass Creek Meadow Trailhead park- (B) subject to any terms and conditions de- study areas referred to in subsection (a) ing area in sec. 29, T. 2 S., R.27 E., as a wild termined to be necessary by the Secretary. are— river. (d) MANAGEMENT PLAN.—To ensure the (1) the Masonic Mountain Wilderness ‘‘(G) The 1.3-mile segment of Glass Creek sound management and enforcement of the Study Area; from 100 feet upstream of the trailhead park- Recreation Area, the Secretary shall, not (2) the Mormon Meadow Wilderness Study ing area in sec. 29 to the end of Glass Creek later than 1 year after the date of enactment Area; Road in sec. 21, T. 2 S., R. 27 E., as a scenic of this Act, undergo a public process to de- (3) the Walford Springs Wilderness Study river. velop a winter use management plan that Area; and ‘‘(H) The 1.1-mile segment of Glass Creek provides for— (4) the Granite Mountain Wilderness Study from the end of Glass Creek Road in sec. 21, (1) adequate signage; Area. T. 2 S., R. 27 E., to the confluence with (2) a public education program on allow- (c) RELEASE.—Any portion of a wilderness Deadman Creek, as a recreational river. able usage areas; study area described in subsection (b) that is ‘‘(198) COTTONWOOD CREEK, CALIFORNIA.— (3) measures to ensure adequate sanitation; not designated as a wilderness area or wil- The following segments of Cottonwood Creek (4) a monitoring and enforcement strategy; derness addition by this subtitle or any in the State of California: and other Act enacted before the date of enact- ‘‘(A) The 17.4-mile segment from its head- (5) measures to ensure the protection of ment of this Act shall not be subject to sec- waters at the spring in sec. 27, T 4 S., R. 34 the Trail. tion 603(c) of the Federal Land Policy and E., to the Inyo National Forest boundary at (e) ENFORCEMENT.—The Secretary shall Management Act of 1976 (43 U.S.C. 1782(c)). the east section line of sec 3, T. 6 S., R. 36 E., prioritize enforcement activities in the SEC. 1805. DESIGNATION OF WILD AND SCENIC as a wild river to be administered by the Sec- Recreation Area— RIVERS. retary of Agriculture. (1) to prohibit degradation of natural re- (a) IN GENERAL.—Section 3(a) of the Wild ‘‘(B) The 4.1-mile segment from the Inyo sources in the Recreation Area; and Scenic Rivers Act (16 U.S.C. 1274(a)) (as National Forest boundary to the northern (2) to prevent interference with non- amended by section 1504(a)) is amended by boundary of sec. 5, T.4 S., R. 34 E., as a rec- motorized recreation on the Trail; and adding at the end the following: reational river, to be administered by the (3) to reduce user conflicts in the Recre- ‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The Secretary of the Interior. ation Area. following segments of the Amargosa River in ‘‘(199) PIRU CREEK, CALIFORNIA.—The fol- (f) PACIFIC CREST NATIONAL SCENIC the State of California, to be administered lowing segments of Piru Creek in the State TRAIL.—The Secretary shall establish an ap- by the Secretary of the Interior: of California, to be administered by the Sec- propriate snowmobile crossing point along ‘‘(A) The approximately 4.1-mile segment retary of Agriculture: the Trail in the area identified as ‘‘Pacific of the Amargosa River from the northern ‘‘(A) The 3-mile segment of Piru Creek Crest Trail Proposed Crossing Area’’ on the boundary of sec. 7, T. 21 N., R. 7 E., to 100 from 0.5 miles downstream of Pyramid Dam map entitled ‘‘Humboldt-Toiyable National

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.036 S15JAPT1 jbell on PROD1PC69 with SENATE S450 CONGRESSIONAL RECORD — SENATE January 15, 2009 Forest Proposed Management’’ and dated determines would further the purposes for 101(a)(28) of Public Law 98–425 (98 Stat. 1623; September 17, 2008— which the Forest is established, as described 16 U.S.C. 1132 note) and expanded by para- (1) in accordance with— in subsection (a). graph (59) of section 102 of Public Law 103–433 (A) the National Trails System Act (16 (B) SCIENTIFIC RESEARCH.—Scientific re- (108 Stat. 4472; 16 U.S.C. 1132 note). U.S.C. 1241 et seq.); and search shall be allowed in the Forest in ac- (E) BEAUTY MOUNTAIN WILDERNESS.—In ac- (B) any applicable environmental and pub- cordance with the Inyo National Forest Land cordance with the Wilderness Act (16 U.S.C. lic safety laws; and and Resource Management Plan (as in effect 1131 et seq.), certain land administered by (2) subject to the terms and conditions the on the date of enactment of this Act). the Bureau of Land Management in River- Secretary determines to be necessary to en- (3) WITHDRAWAL.—Subject to valid existing side County, California, comprising approxi- sure that the crossing would not— rights, all Federal land within the Forest is mately 15,621 acres, as generally depicted on (A) interfere with the nature and purposes withdrawn from— the map titled ‘‘Beauty Mountain Proposed of the Trail; or (A) all forms of entry, appropriation or dis- Wilderness’’, and dated April 3, 2007, is des- (B) harm the surrounding landscape. posal under the public land laws; ignated as wilderness and, therefore, as a SEC. 1807. MANAGEMENT OF AREA WITHIN HUM- (B) location, entry, and patent under the component of the National Wilderness Pres- BOLDT-TOIYABE NATIONAL FOREST. mining laws; and ervation System, which shall be known as Certain land in the Humboldt-Toiyabe Na- (C) disposition under all laws relating to the ‘‘Beauty Mountain Wilderness’’. mineral and geothermal leasing or mineral tional Forest, comprising approximately (F) JOSHUA TREE NATIONAL PARK WILDER- materials. 3,690 acres identified as ‘‘Pickel Hill Manage- NESS ADDITIONS.—In accordance with the Wil- ment Area’’, as generally depicted on the Subtitle L—Riverside County Wilderness, derness Act (16 U.S.C. 1131 et seq.), certain map entitled ‘‘Humboldt-Toiyabe National California land in Joshua Tree National Park, com- Forest Proposed Management’’ and dated SEC. 1851. WILDERNESS DESIGNATION. prising approximately 36,700 acres, as gen- September 17, 2008, shall be managed in a (a) DEFINITION OF SECRETARY.—In this sec- erally depicted on the map numbered 156/ manner consistent with the non-Wilderness tion, the term ‘‘Secretary’’ means— 80,055, and titled ‘‘Joshua Tree National forest areas immediately surrounding the (1) with respect to land under the jurisdic- Park Proposed Wilderness Additions’’, and Pickel Hill Management Area, including the tion of the Secretary of Agriculture, the Sec- dated March 2008, is designated as wilderness allowance of snowmobile use. retary of Agriculture; and and is incorporated in, and shall be deemed SEC. 1808. ANCIENT BRISTLECONE PINE FOREST. (2) with respect to land under the jurisdic- to be a part of, the Joshua Tree Wilderness (a) DESIGNATION.—To conserve and protect tion of the Secretary of the Interior, the Sec- designated by section 1(g) of Public Law 94– the Ancient Bristlecone Pines by maintain- retary of the Interior. 567 (90 Stat. 2692; 16 U.S.C. 1132 note). ing near-natural conditions and to ensure (b) DESIGNATION OF WILDERNESS, CLEVE- (G) OROCOPIA MOUNTAINS WILDERNESS ADDI- the survival of the Pines for the purposes of LAND AND SAN BERNARDINO NATIONAL FOR- TIONS.—In accordance with the Wilderness public enjoyment and scientific study, the ESTS, JOSHUA TREE NATIONAL PARK, AND BU- Act (16 U.S.C. 1131 et seq.), certain land ad- approximately 31,700 acres of public land in REAU OF LAND MANAGEMENT LAND IN RIVER- ministered by the Bureau of Land Manage- the State, as generally depicted on the map SIDE COUNTY, CALIFORNIA.— ment in Riverside County, California, com- entitled ‘‘Ancient Bristlecone Pine Forest— (1) DESIGNATIONS.— prising approximately 4,635 acres, as gen- Proposed’’ and dated July 16, 2008, is des- (A) AGUA TIBIA WILDERNESS ADDITIONS.—In erally depicted on the map titled ‘‘Orocopia ignated as the ‘‘Ancient Bristlecone Pine accordance with the Wilderness Act (16 Mountains Proposed Wilderness Addition’’, Forest’’. U.S.C. 1131 et seq.), certain land in the Cleve- and dated May 8, 2008, is designated as wil- (b) MAP AND LEGAL DESCRIPTION.— land National Forest and certain land ad- derness and is incorporated in, and shall be (1) IN GENERAL.—As soon as practicable, ministered by the Bureau of Land Manage- deemed to be a part of, the Orocopia Moun- but not later than 3 years after the date of ment in Riverside County, California, to- tains Wilderness as designated by paragraph gether comprising approximately 2,053 acres, enactment of this Act, the Secretary shall (44) of section 102 of Public Law 103–433 (108 file a map and legal description of the Forest as generally depicted on the map titled ‘‘Pro- Stat. 4472; 16 U.S.C. 1132 note), except that with— posed Addition to Agua Tibia Wilderness’’, the wilderness boundaries established by this (A) the Committee on Natural Resources of and dated May 9, 2008, is designated as wil- subsection in Township 7 South, Range 13 the House of Representatives; and derness and is incorporated in, and shall be East, exclude— (B) the Committee on Energy and Natural deemed to be a part of, the Agua Tibia Wil- (i) a corridor 250 feet north of the center- Resources of the Senate. derness designated by section 2(a) of Public line of the Bradshaw Trail; (2) FORCE OF LAW.—The map and legal de- Law 93–632 (88 Stat. 2154; 16 U.S.C. 1132 note). (ii) a corridor 250 feet from both sides of scription filed under paragraph (1) shall have (B) CAHUILLA MOUNTAIN WILDERNESS.—In the centerline of the vehicle route in the the same force and effect as if included in accordance with the Wilderness Act (16 unnamed wash that flows between the Eagle this subtitle, except that the Secretary may U.S.C. 1131 et seq.), certain land in the San Mountain Railroad on the south and the ex- correct any errors in the map and legal de- Bernardino National Forest, California, com- scription. prising approximately 5,585 acres, as gen- isting Orocopia Mountains Wilderness boundary; and (3) PUBLIC AVAILABILITY.—The map and erally depicted on the map titled ‘‘Cahuilla legal description filed under paragraph (1) Mountain Proposed Wilderness’’, and dated (iii) a corridor 250 feet from both sides of shall be on file and available for public in- May 1, 2008, is designated as wilderness and, the centerline of the vehicle route in the spection in the appropriate offices of the therefore, as a component of the National unnamed wash that flows between the Choc- Forest Service. Wilderness Preservation System, which shall olate Mountain Aerial Gunnery Range on the (c) MANAGEMENT.— be known as the ‘‘Cahuilla Mountain Wilder- south and the existing Orocopia Mountains (1) IN GENERAL.—The Secretary shall ad- ness’’. Wilderness boundary. minister the Forest— (C) SOUTH FORK SAN JACINTO WILDERNESS.— (H) PALEN/MCCOY WILDERNESS ADDITIONS.— (A) in a manner that— In accordance with the Wilderness Act (16 In accordance with the Wilderness Act (16 (i) protect the resources and values of the U.S.C. 1131 et seq.), certain land in the San U.S.C. 1131 et seq.), certain land adminis- area in accordance with the purposes for Bernardino National Forest, California, com- tered by the Bureau of Land Management in which the Forest is established, as described prising approximately 20,217 acres, as gen- Riverside County, California, comprising ap- in subsection (a); and erally depicted on the map titled ‘‘South proximately 22,645 acres, as generally de- (ii) promotes the objectives of the applica- Fork San Jacinto Proposed Wilderness’’, and picted on the map titled ‘‘Palen-McCoy Pro- ble management plan (as in effect on the dated May 1, 2008, is designated as wilderness posed Wilderness Additions’’, and dated May date of enactment of this Act), including ob- and, therefore, as a component of the Na- 8, 2008, is designated as wilderness and is in- jectives relating to— tional Wilderness Preservation System, corporated in, and shall be deemed to be a (I) the protection of bristlecone pines for which shall be known as the ‘‘South Fork part of, the Palen/McCoy Wilderness as des- public enjoyment and scientific study; San Jacinto Wilderness’’. ignated by paragraph (47) of section 102 of (II) the recognition of the botanical, sce- (D) SANTA ROSA WILDERNESS ADDITIONS.—In Public Law 103–433 (108 Stat. 4472; 16 U.S.C. nic, and historical values of the area; and accordance with the Wilderness Act (16 1132 note). (III) the maintenance of near-natural con- U.S.C. 1131 et seq.), certain land in the San (I) PINTO MOUNTAINS WILDERNESS.—In ac- ditions by ensuring that all activities are Bernardino National Forest, California, and cordance with the Wilderness Act (16 U.S.C. subordinate to the needs of protecting and certain land administered by the Bureau of 1131 et seq.), certain land administered by preserving bristlecone pines and wood rem- Land Management in Riverside County, Cali- the Bureau of Land Management in River- nants; and fornia, comprising approximately 2,149 acres, side County, California, comprising approxi- (B) in accordance with the National Forest as generally depicted on the map titled mately 24,404 acres, as generally depicted on Management Act of 1976 (16 U.S.C. 1600 et ‘‘Santa Rosa-San Jacinto National Monu- the map titled ‘‘Pinto Mountains Proposed seq.), this section, and any other applicable ment Expansion and Santa Rosa Wilderness Wilderness’’, and dated February 21, 2008, is laws. Addition’’, and dated March 12, 2008, is des- designated as wilderness and, therefore, as a (2) USES.— ignated as wilderness and is incorporated in, component of the National Wilderness Pres- (A) IN GENERAL.—The Secretary shall allow and shall be deemed to be a part of, the ervation System, which shall be known as only such uses of the Forest as the Secretary Santa Rosa Wilderness designated by section the ‘‘Pinto Mountains Wilderness’’.

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(J) CHUCKWALLA MOUNTAINS WILDERNESS may correct errors in the map and legal de- House Report 96–617 to accompany H.R. 5487 ADDITIONS.—In accordance with the Wilder- scription. of the 96th Congress. ness Act (16 U.S.C. 1131 et seq.), certain land (C) PUBLIC AVAILABILITY.—Each map and (6) NATIVE AMERICAN USES AND INTERESTS.— administered by the Bureau of Land Manage- legal description filed under subparagraph (A) ACCESS AND USE.—To the extent prac- ment in Riverside County, California, com- (A) shall be filed and made available for pub- ticable, the Secretary shall ensure access to prising approximately 12,815 acres, as gen- lic inspection in the appropriate office of the the Cahuilla Mountain Wilderness by mem- erally depicted on the map titled Secretary. bers of an Indian tribe for traditional cul- ‘‘Chuckwalla Mountains Proposed Wilder- (d) ADMINISTRATION OF WILDERNESS.— tural purposes. In implementing this para- ness Addition’’, and dated May 8, 2008, is des- (1) MANAGEMENT.—Subject to valid existing graph, the Secretary, upon the request of an ignated as wilderness and is incorporated in, rights, the land designated as wilderness or Indian tribe, may temporarily close to the and shall be deemed to be a part of the as a wilderness addition by this section shall general public use of one or more specific Chuckwalla Mountains Wilderness as des- be administered by the Secretary in accord- portions of the wilderness area in order to ignated by paragraph (12) of section 102 of ance with the Wilderness Act (16 U.S.C. 1131 protect the privacy of traditional cultural Public Law 103–433 (108 Stat. 4472; 16 U.S.C. et seq.), except that— activities in such areas by members of the 1132 note). (A) any reference in that Act to the effec- Indian tribe. Any such closure shall be made (2) MAPS AND DESCRIPTIONS.— tive date of that Act shall be deemed to be a to affect the smallest practicable area for (A) IN GENERAL.—As soon as practicable reference to— the minimum period necessary for such pur- after the date of the enactment of this Act, (i) the date of the enactment of this Act; or poses. Such access shall be consistent with the Secretary shall file a map and legal de- (ii) in the case of the wilderness addition the purpose and intent of Public Law 95–341 scription of each wilderness area and wilder- designated by subsection (c), the date on (42 U.S.C. 1996), commonly referred to as the ness addition designated by this section with which the notice required by such subsection American Indian Religious Freedom Act, and the Committee on Natural Resources of the is published in the Federal Register; and the Wilderness Act (16 U.S.C. 1131 et seq.). House of Representatives and the Committee (B) any reference in that Act to the Sec- (B) INDIAN TRIBE DEFINED.—In this para- on Energy and Natural Resources of the Sen- retary of Agriculture shall be deemed to be a graph, the term ‘‘Indian tribe’’ means any ate. reference to the Secretary that has jurisdic- Indian tribe, band, nation, or other organized tion over the land. (B) FORCE OF LAW.—A map and legal de- group or community of Indians which is rec- scription filed under subparagraph (A) shall (2) INCORPORATION OF ACQUIRED LAND AND ognized as eligible by the Secretary of the have the same force and effect as if included INTERESTS.—Any land within the boundaries Interior for the special programs and serv- of a wilderness area or wilderness addition in this section, except that the Secretary ices provided by the United States to Indians designated by this section that is acquired may correct errors in the map and legal de- because of their status as Indians. by the United States shall— scription. (7) MILITARY ACTIVITIES.—Nothing in this (A) become part of the wilderness area in (C) PUBLIC AVAILABILITY.—Each map and section precludes— which the land is located; and legal description filed under subparagraph (A) low-level overflights of military air- (B) be managed in accordance with this (A) shall be filed and made available for pub- craft over the wilderness areas or wilderness section, the Wilderness Act (16 U.S.C. 1131 et lic inspection in the appropriate office of the additions designated by this section; seq.), and any other applicable law. Secretary. (B) the designation of new units of special (3) WITHDRAWAL.—Subject to valid rights (3) UTILITY FACILITIES.—Nothing in this airspace over the wilderness areas or wilder- in existence on the date of enactment of this section prohibits the construction, oper- Act, the land designated as wilderness by ness additions designated by this section; or ation, or maintenance, using standard indus- this section is withdrawn from all forms of— (C) the use or establishment of military try practices, of existing utility facilities lo- (A) entry, appropriation, or disposal under flight training routes over wilderness areas cated outside of the wilderness areas and wil- the public land laws; or wilderness additions designated by this derness additions designated by this section. (B) location, entry, and patent under the section. (c) JOSHUA TREE NATIONAL PARK POTENTIAL mining laws; and SEC. 1852. WILD AND SCENIC RIVER DESIGNA- WILDERNESS.— (C) disposition under all laws pertaining to TIONS, RIVERSIDE COUNTY, CALI- (1) DESIGNATION OF POTENTIAL WILDER- mineral and geothermal leasing or mineral FORNIA. NESS.—Certain land in the Joshua Tree Na- materials. Section 3(a) of the Wild and Scenic Rivers tional Park, comprising approximately 43,300 (4) FIRE MANAGEMENT AND RELATED ACTIVI- Act (16 U.S.C. 1274(a)) (as amended by section acres, as generally depicted on the map num- TIES.— 1805) is amended by adding at the end the fol- bered 156/80,055, and titled ‘‘Joshua Tree Na- (A) IN GENERAL.—The Secretary may take lowing new paragraphs: tional Park Proposed Wilderness Additions’’, such measures in a wilderness area or wilder- ‘‘(200) NORTH FORK SAN JACINTO RIVER, and dated March 2008, is designated potential ness addition designated by this section as CALIFORNIA.—The following segments of the wilderness and shall be managed by the Sec- are necessary for the control of fire, insects, North Fork San Jacinto River in the State retary of the Interior insofar as practicable and diseases in accordance with section of California, to be administered by the Sec- as wilderness until such time as the land is 4(d)(1) of the Wilderness Act (16 U.S.C. retary of Agriculture: designated as wilderness pursuant to para- 1133(d)(1)) and House Report 98–40 of the 98th ‘‘(A) The 2.12-mile segment from the source graph (2). Congress. of the North Fork San Jacinto River at Deer (2) DESIGNATION AS WILDERNESS.—The land (B) FUNDING PRIORITIES.—Nothing in this Springs in Mt. San Jacinto State Park to the designated potential wilderness by paragraph section limits funding for fire and fuels man- State Park boundary, as a wild river. (1) shall be designated as wilderness and in- agement in the wilderness areas and wilder- ‘‘(B) The 1.66-mile segment from the Mt. corporated in, and be deemed to be a part of, ness additions designated by this section. San Jacinto State Park boundary to the the Joshua Tree Wilderness designated by (C) REVISION AND DEVELOPMENT OF LOCAL Lawler Park boundary in section 26, town- section 1(g) of Public Law 94–567 (90 Stat. FIRE MANAGEMENT PLANS.—As soon as prac- ship 4 south, range 2 east, San Bernardino 2692; 16 U.S.C. 1132 note), effective upon pub- ticable after the date of enactment of this meridian, as a scenic river. lication by the Secretary of the Interior in Act, the Secretary shall amend the local fire ‘‘(C) The 0.68-mile segment from the the Federal Register of a notice that— management plans that apply to the land Lawler Park boundary to its confluence with (A) all uses of the land within the potential designated as a wilderness area or wilderness Fuller Mill Creek, as a recreational river. wilderness prohibited by the Wilderness Act addition by this section. ‘‘(D) The 2.15-mile segment from its con- (16 U.S.C. 1131 et seq.) have ceased; and (D) ADMINISTRATION.—Consistent with sub- fluence with Fuller Mill Creek to .25 miles (B) sufficient inholdings within the bound- paragraph (A) and other applicable Federal upstream of the 5S09 road crossing, as a wild aries of the potential wilderness have been law, to ensure a timely and efficient re- river. acquired to establish a manageable wilder- sponse to fire emergencies in the wilderness ‘‘(E) The 0.6-mile segment from .25 miles ness unit. areas and wilderness additions designated by upstream of the 5S09 road crossing to its (3) MAP AND DESCRIPTION.— this section, the Secretary shall— confluence with Stone Creek, as a scenic (A) IN GENERAL.—As soon as practicable (i) not later than 1 year after the date of river. after the date on which the notice required enactment of this Act, establish agency ap- ‘‘(F) The 2.91-mile segment from the Stone by paragraph (2) is published in the Federal proval procedures (including appropriate del- Creek confluence to the northern boundary Register, the Secretary shall file a map and egations of authority to the Forest Super- of section 17, township 5 south, range 2 east, legal description of the land designated as visor, District Manager, or other agency offi- San Bernardino meridian, as a wild river. wilderness and potential wilderness by this cials) for responding to fire emergencies; and ‘‘(201) FULLER MILL CREEK, CALIFORNIA.— section with the Committee on Natural Re- (ii) enter into agreements with appropriate The following segments of Fuller Mill Creek sources of the House of Representatives and State or local firefighting agencies. in the State of California, to be administered the Committee on Energy and Natural Re- (5) GRAZING.—Grazing of livestock in a wil- by the Secretary of Agriculture: sources of the Senate. derness area or wilderness addition des- ‘‘(A) The 1.2-mile segment from the source (B) FORCE OF LAW.—The map and legal de- ignated by this section shall be administered of Fuller Mill Creek in the San Jacinto Wil- scription filed under subparagraph (A) shall in accordance with the provisions of section derness to the Pinewood property boundary have the same force and effect as if included 4(d)(4) of the Wilderness Act (16 U.S.C. in section 13, township 4 south, range 2 east, in this section, except that the Secretary 1133(d)(4)) and the guidelines set forth in San Bernardino meridian, as a scenic river.

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.036 S15JAPT1 jbell on PROD1PC69 with SENATE S452 CONGRESSIONAL RECORD — SENATE January 15, 2009 ‘‘(B) The 0.9-mile segment in the Pine prising approximately 39,740 acres of land, area designated as wilderness by this sub- Wood property, as a recreational river. and 130 acres of potential wilderness addi- title by cabin owners (or designees) in the ‘‘(C) The 1.4-mile segment from the Pine- tions as generally depicted on the map num- Mineral King Valley area or property owners wood property boundary in section 23, town- bered 102/60014b, titled ‘‘John Krebs Wilder- or lessees (or designees) in the Silver City ship 4 south, range 2 east, San Bernardino ness’’, and dated September 16, 2008. inholding, as identified on the map described meridian, to its confluence with the North (B) EFFECT.—Nothing in this paragraph af- in section 1902(1)(A). Fork San Jacinto River, as a scenic river. fects— (e) HORSEBACK RIDING.—Nothing in this ‘‘(202) PALM CANYON CREEK, CALIFORNIA.— (i) the cabins in, and adjacent to, Mineral subtitle precludes horseback riding in, or the The 8.1-mile segment of Palm Canyon Creek King Valley; or entry of recreational or commercial saddle in the State of California from the southern (ii) the private inholdings known as ‘‘Sil- or pack stock into, an area designated as boundary of section 6, township 7 south, ver City’’ and ‘‘Kaweah Han’’. wilderness by this subtitle— range 5 east, San Bernardino meridian, to (C) POTENTIAL WILDERNESS ADDITIONS.—The (1) in accordance with section 4(d)(5) of the the San Bernardino National Forest bound- designation of the potential wilderness addi- Wilderness Act (16 U.S.C. 1133(d)(5)); and ary in section 1, township 6 south, range 4 tions under subparagraph (A) shall not pro- (2) subject to any terms and conditions de- east, San Bernardino meridian, to be admin- hibit the operation, maintenance, and repair termined to be necessary by the Secretary. istered by the Secretary of Agriculture as a of the small check dams and water impound- SEC. 1904. AUTHORIZATION OF APPROPRIATIONS. wild river, and the Secretary shall enter into ments on Lower Franklin Lake, Crystal There are authorized to be appropriated a cooperative management agreement with Lake, Upper Monarch Lake, and Eagle Lake. such sums as are necessary to carry out this the Agua Caliente Band of Cahuilla Indians The Secretary is authorized to allow the use subtitle. to protect and enhance river values. of helicopters for the operation, mainte- Subtitle N—Rocky Mountain National Park ‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The nance, and repair of the small check dams Wilderness, Colorado 9.8-mile segment of Bautista Creek in the and water impoundments on Lower Franklin SEC. 1951. DEFINITIONS. State of California from the San Bernardino Lake, Crystal Lake, Upper Monarch Lake, In this subtitle: National Forest boundary in section 36, and Eagle Lake. The potential wilderness ad- (1) MAP.—The term ‘‘map’’ means the map township 6 south, range 2 east, San ditions shall be designated as wilderness and entitled ‘‘Rocky Mountain National Park Bernardino meridian, to the San Bernardino incorporated into the John Krebs Wilderness Wilderness Act of 2007’’ and dated September National Forest boundary in section 2, town- established by this section upon termination 2006. ship 6 south, range 1 east, San Bernardino of the non-conforming uses. (2) PARK.—The term ‘‘Park’’ means Rocky meridian, to be administered by the Sec- EQUOIA-KINGS CANYON WILDERNESS AD- (2) S Mountain National Park located in the State retary of Agriculture as a recreational DITION.—Certain land in Sequoia and Kings of Colorado. river.’’. Canyon National Parks, California, com- (3) SECRETARY.—The term ‘‘Secretary’’ SEC. 1853. ADDITIONS AND TECHNICAL CORREC- prising approximately 45,186 acres as gen- means the Secretary of the Interior. TIONS TO SANTA ROSA AND SAN erally depicted on the map titled ‘‘Sequoia- (4) TRAIL.—The term ‘‘Trail’’ means the JACINTO MOUNTAINS NATIONAL Kings Canyon Wilderness Addition’’, num- MONUMENT. East Shore Trail established under section bered 102/60015a, and dated March 10, 2008, is 1954(a). (a) BOUNDARY ADJUSTMENT, SANTA ROSA incorporated in, and shall be considered to be (5) WILDERNESS.—The term ‘‘Wilderness’’ AND SAN JACINTO MOUNTAINS NATIONAL a part of, the Sequoia-Kings Canyon Wilder- MONUMENT.—Section 2 of the Santa Rosa and means the wilderness designated by section ness. 1952(a). San Jacinto Mountains National Monument (3) RECOMMENDED WILDERNESS.—Land in Act of 2000 (Public Law 106–351; 114 U.S.C. Sequoia and Kings Canyon National Parks SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO. 1362; 16 U.S.C. 431 note) is amended by adding that was managed as of the date of enact- (a) DESIGNATION.—In furtherance of the at the end the following new subsection: ment of this Act as recommended or pro- ‘‘(e) EXPANSION OF BOUNDARIES.—In addi- purposes of the Wilderness Act (16 U.S.C. 1131 posed wilderness but not designated by this et seq.), there is designated as wilderness and tion to the land described in subsection (c), section as wilderness shall continue to be the boundaries of the National Monument as a component of the National Wilderness managed as recommended or proposed wil- Preservation System approximately 249,339 shall include the following lands identified derness, as appropriate. as additions to the National Monument on acres of land in the Park, as generally de- SEC. 1903. ADMINISTRATION OF WILDERNESS picted on the map. the map titled ‘Santa Rosa-San Jacinto Na- AREAS. (b) MAP AND BOUNDARY DESCRIPTION.— tional Monument Expansion and Santa Rosa (a) IN GENERAL.—Subject to valid existing (1) IN GENERAL.—As soon as practicable Wilderness Addition’, and dated March 12, rights, each area designated as wilderness by after the date of enactment of this Act, the 2008: this subtitle shall be administered by the Secretary shall— ‘‘(1) The ‘Santa Rosa Peak Area Monument Secretary in accordance with the Wilderness (A) prepare a map and boundary descrip- Expansion’. Act (16 U.S.C. 1131 et seq.), except that any ‘‘(2) The ‘Snow Creek Area Monument Ex- reference in the Wilderness Act to the effec- tion of the Wilderness; and pansion’. tive date of the Wilderness Act shall be con- (B) submit the map and boundary descrip- ‘‘(3) The ‘Tahquitz Peak Area Monument sidered to be a reference to the date of enact- tion prepared under subparagraph (A) to the Expansion’. ment of this Act. Committee on Energy and Natural Resources ‘‘(4) The ‘Southeast Area Monument Ex- (b) MAP AND LEGAL DESCRIPTION.— of the Senate and the Committee on Natural pansion’, which is designated as wilderness (1) SUBMISSION OF MAP AND LEGAL DESCRIP- Resources of the House of Representatives. in section 512(d), and is thus incorporated TION.—As soon as practicable, but not later (2) AVAILABILITY; FORCE OF LAW.—The map into, and shall be deemed part of, the Santa than 3 years, after the date of enactment of and boundary description submitted under Rosa Wilderness.’’. this Act, the Secretary shall file a map and paragraph (1)(B) shall— (b) TECHNICAL AMENDMENTS TO THE SANTA legal description of each area designated as (A) be on file and available for public in- ROSA AND SAN JACINTO MOUNTAINS NATIONAL wilderness by this subtitle with— spection in appropriate offices of the Na- MONUMENT ACT OF 2000.—Section 7(d) of the (A) the Committee on Energy and Natural tional Park Service; and Santa Rosa and San Jacinto Mountains Na- Resources of the Senate; and (B) have the same force and effect as if in- tional Monument Act of 2000 (Public Law (B) the Committee on Natural Resources of cluded in this subtitle. 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is the House of Representatives. (c) INCLUSION OF POTENTIAL WILDERNESS.— amended by striking ‘‘eight’’ and inserting (2) FORCE AND EFFECT.—The map and legal (1) IN GENERAL.—On publication in the Fed- ‘‘a majority of the appointed’’. description filed under paragraph (1) shall eral Register of a notice by the Secretary that all uses inconsistent with the Wilder- Subtitle M—Sequoia and Kings Canyon have the same force and effect as if included ness Act (16 U.S.C. 1131 et seq.) have ceased National Parks Wilderness, California in this subtitle, except that the Secretary may correct any clerical or typographical on the land identified on the map as a ‘‘Po- SEC. 1901. DEFINITIONS. error in the map or legal description. tential Wilderness Area’’, the land shall be— In this subtitle: (3) PUBLIC AVAILABILITY.—The map and (A) included in the Wilderness; and (1) SECRETARY.—The term ‘‘Secretary’’ legal description filed under paragraph (1) (B) administered in accordance with sub- means the Secretary of the Interior. shall be on file and available for public in- section (e). (2) STATE.—The term ‘‘State’’ means the spection in the Office of the Secretary. (2) BOUNDARY DESCRIPTION.—On inclusion State of California. (c) HYDROLOGIC, METEOROLOGIC, AND CLI- in the Wilderness of the land referred to in SEC. 1902. DESIGNATION OF WILDERNESS AREAS. MATOLOGICAL DEVICES, FACILITIES, AND ASSO- paragraph (1), the Secretary shall modify the In accordance with the Wilderness Act (16 CIATED EQUIPMENT.—The Secretary shall con- map and boundary description submitted U.S.C. 1131 et seq.), the following areas in the tinue to manage maintenance and access to under subsection (b) to reflect the inclusion State are designated as wilderness areas and hydrologic, meteorologic, and climatological of the land. as components of the National Wilderness devices, facilities and associated equipment (d) EXCLUSION OF CERTAIN LAND.—The fol- Preservation System: consistent with House Report 98–40. lowing areas are specifically excluded from (1) JOHN KREBS WILDERNESS.— (d) AUTHORIZED ACTIVITIES OUTSIDE WIL- the Wilderness: (A) DESIGNATION.—Certain land in Sequoia DERNESS.—Nothing in this subtitle precludes (1) The Grand River Ditch (including the and Kings Canyon National Parks, com- authorized activities conducted outside of an main canal of the Grand River Ditch and a

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.036 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S453 branch of the main canal known as the Spec- the National Park Service management poli- (A) identify the boundaries of the Trail, imen Ditch), the right-of-way for the Grand cies in effect as of the date of enactment of which shall not extend more than 25 feet east River Ditch, land 200 feet on each side of the this Act; and of the alignment line or be located within center line of the Grand River Ditch, and (C) any use of Park land outside the right- the Wilderness; and any associated appurtenances, structures, of-way corridor (as of the date of enactment (B) modify the map of the Wilderness pre- buildings, camps, and work sites in existence of this Act) shall be permitted only on a pared under section 1952(b)(1)(A) so that the as of June 1, 1998. temporary basis, subject to such terms and western boundary of the Wilderness is 50 feet (2) Land owned by the St. Vrain & Left conditions as the Secretary determines to be east of the alignment line. Hand Water Conservancy District, including necessary; and (2) ADJUSTMENTS.—To the extent necessary Copeland Reservoir and the Inlet Ditch to (2) include stipulations with respect to— to protect Park resources, the Secretary the Reservoir from North St. Vrain Creek, (A) flow monitoring and early warning may adjust the boundaries of the Trail, if the comprising approximately 35.38 acres. measures; adjustment does not place any portion of the (3) Land owned by the Wincenstsen-Harms (B) annual and periodic inspections; Trail within the boundary of the Wilderness. Trust, comprising approximately 2.75 acres. (C) an annual maintenance plan; (c) INCLUSION IN WILDERNESS.—On comple- (4) Land within the area depicted on the (D) measures to identify on an annual basis tion of the construction of the Trail, as au- map as the ‘‘East Shore Trail Area’’. capital improvement needs; and thorized by the Secretary— (e) ADMINISTRATION.—Subject to valid ex- (E) the development of plans to address the (1) any portion of the East Shore Trail isting rights, any land designated as wilder- needs identified under subparagraph (D). Area that is not traversed by the Trail, that ness under this section or added to the Wil- (c) LIMITATION.—Nothing in this section is not west of the Trail, and that is not with- derness after the date of enactment of this limits or otherwise affects— in 50 feet of the centerline of the Trail shall Act under subsection (c) shall be adminis- (1) the liability of any individual or entity be— tered by the Secretary in accordance with for damages to, loss of, or injury to any re- this subtitle and the Wilderness Act (16 source within the Park resulting from any (A) included in the Wilderness; and U.S.C. 1131 et seq.), except that— cause or event that occurred before the date (B) managed as part of the Wilderness in (1) any reference in the Wilderness Act (16 of enactment of this Act; or accordance with section 1952; and U.S.C. 1131 et seq.) to the effective date of (2) Public Law 101–337 (16 U.S.C. 19jj et (2) the Secretary shall modify the map and that Act shall be considered to be a reference seq.), including the defenses available under boundary description of the Wilderness pre- to the date of enactment of this Act, or the that Act for damage caused— pared under section 1952(b)(1)(A) to reflect date on which the additional land is added to (A) solely by— the inclusion of the East Shore Trail Area the Wilderness, respectively; and (i) an act of God; land in the Wilderness. (2) any reference in the Wilderness Act (16 (ii) an act of war; or (d) EFFECT.—Nothing in this section— U.S.C. 1131 et seq.) to the Secretary of Agri- (iii) an act or omission of a third party (1) requires the construction of the Trail culture shall be considered to be a reference (other than an employee or agent); or along the alignment line established under to the Secretary. (B) by an activity authorized by Federal or subsection (a); or (f) WATER RIGHTS.— State law. (2) limits the extent to which any other- (1) FINDINGS.—Congress finds that— (d) COLORADO-BIG THOMPSON PROJECT AND wise applicable law or policy applies to any (A) the United States has existing rights to WINDY GAP PROJECT.— decision with respect to the construction of water within the Park; (1) IN GENERAL.—Nothing in this subtitle, the Trail. (B) the existing water rights are sufficient including the designation of the Wilderness, (e) RELATION TO LAND OUTSIDE WILDER- for the purposes of the Wilderness; and prohibits or affects current and future oper- NESS.— (C) based on the findings described in sub- ation and maintenance activities in, under, (1) IN GENERAL.—Except as provided in this paragraphs (A) and (B), there is no need for or affecting the Wilderness that were allowed subsection, nothing in this subtitle affects the United States to reserve or appropriate as of the date of enactment of this Act under the management or use of any land not in- any additional water rights to fulfill the pur- the Act of January 26, 1915 (16 U.S.C. 191), re- cluded within the boundaries of the Wilder- poses of the Wilderness. lating to the Alva B. Adams Tunnel or other ness or the potential wilderness land. (2) EFFECT.—Nothing in this subtitle— Colorado–Big Thompson Project facilities lo- (2) MOTORIZED VEHICLES AND MACHINERY.— (A) constitutes an express or implied res- cated within the Park. No use of motorized vehicles or other motor- ervation by the United States of water or (2) ALVA B. ADAMS TUNNEL.—Nothing in ized machinery that was not permitted on water rights for any purpose; or this subtitle, including the designation of March 1, 2006, shall be allowed in the East (B) modifies or otherwise affects any exist- the Wilderness, prohibits or restricts the Shore Trail Area except as the Secretary de- ing water rights held by the United States conveyance of water through the Alva B. termines to be necessary for use in— for the Park. Adams Tunnel for any purpose. (A) constructing the Trail, if the construc- (g) FIRE, INSECT, AND DISEASE CONTROL.— (e) RIGHT-OF-WAY.—Notwithstanding the tion is authorized by the Secretary; or The Secretary may take such measures in Act of March 3, 1891 (43 U.S.C. 946) and the (B) maintaining the Trail. the Wilderness as are necessary to control Act of May 11, 1898 (43 U.S.C. 951), the right (3) MANAGEMENT OF LAND BEFORE INCLU- fire, insects, and diseases, as are provided for of way for the Grand River Ditch shall not be SION.—Until the Secretary authorizes the in accordance with— terminated, forfeited, or otherwise affected construction of the Trail and the use of the (1) the laws applicable to the Park; and as a result of the water transported by the Trail for non-motorized bicycles, the East (2) the Wilderness Act (16 U.S.C. 1131 et Grand River Ditch being used primarily for seq.). domestic purposes or any purpose of a public Shore Trail Area shall be managed— SEC. 1953. GRAND RIVER DITCH AND COLORADO- nature, unless the Secretary determines that (A) to protect any wilderness characteris- BIG THOMPSON PROJECTS. the change in the main purpose or use ad- tics of the East Shore Trail Area; and (a) CONDITIONAL WAIVER OF STRICT LIABIL- versely affects the Park. (B) to maintain the suitability of the East ITY.—During any period in which the Water (f) NEW RECLAMATION PROJECTS.—Nothing Shore Trail Area for inclusion in the Wilder- Supply and Storage Company (or any suc- in the first section of the Act of January 26, ness. cessor in interest to the company with re- 1915 (16 U.S.C. 191), shall be construed to SEC. 1955. NATIONAL FOREST AREA BOUNDARY spect to the Grand River Ditch) operates and allow development in the Wilderness of any ADJUSTMENTS. maintains the portion of the Grand River reclamation project not in existence as of (a) INDIAN PEAKS WILDERNESS BOUNDARY Ditch in the Park in compliance with an op- the date of enactment of this Act. ADJUSTMENT.—Section 3(a) of the Indian erations and maintenance agreement be- (g) CLARIFICATION OF MANAGEMENT AU- Peaks Wilderness Area, the Arapaho Na- tween the Water Supply and Storage Com- THORITY.—Nothing in this section reduces or tional Recreation Area and the Oregon Is- pany and the National Park Service, the pro- limits the authority of the Secretary to lands Wilderness Area Act (16 U.S.C. 1132 visions of paragraph (6) of the stipulation ap- manage land and resources within the Park proved June 28, 1907— under applicable law. note; Public Law 95–450) is amended— (1) by striking ‘‘seventy thousand acres’’ (1) shall be suspended; and SEC. 1954. EAST SHORE TRAIL AREA. and inserting ‘‘74,195 acres’’; and (2) shall not be enforceable against the (a) IN GENERAL.—Not later than 1 year Company (or any successor in interest). after the date of enactment of this Act, the (2) by striking ‘‘, dated July 1978’’ and in- (b) AGREEMENT.—The agreement referred Secretary shall establish within the East serting ‘‘and dated May 2007’’. to in subsection (a) shall— Shore Trail Area in the Park an alignment (b) ARAPAHO NATIONAL RECREATION AREA (1) ensure that— line for a trail, to be known as the ‘‘East BOUNDARY ADJUSTMENT.—Section 4(a) of the (A) Park resources are managed in accord- Shore Trail’’, to maximize the opportunity Indian Peaks Wilderness Area, the Arapaho ance with the laws generally applicable to for sustained use of the Trail without caus- National Recreation Area and the Oregon Is- the Park, including— ing— lands Wilderness Area Act (16 U.S.C. 460jj(a)) (i) the Act of January 26, 1915 (16 U.S.C. 191 (1) harm to affected resources; or is amended— et seq.); and (2) conflicts among users. (1) by striking ‘‘thirty-six thousand two (ii) the National Park Service Organic Act (b) BOUNDARIES.— hundred thirty-five acres’’ and inserting (16 U.S.C. 1 et seq.); (1) IN GENERAL.—After establishing the ‘‘35,235 acres’’; and (B) Park land outside the right-of-way cor- alignment line for the Trail under subsection (2) by striking ‘‘, dated July 1978’’ and in- ridor remains unimpaired consistent with (a), the Secretary shall— serting ‘‘and dated May 2007’’.

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.036 S15JAPT1 jbell on PROD1PC69 with SENATE S454 CONGRESSIONAL RECORD — SENATE January 15, 2009 SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT. shall be known as the ‘‘Canaan Mountain Secretary shall submit to the Committee on (a) IN GENERAL.—Section 3(k) of Public Wilderness’’. Energy and Natural Resources of the Senate Law 91–383 (16 U.S.C. 1a–2(k)) shall apply to (D) COTTONWOOD CANYON.—Certain Federal and the Committee on Natural Resources of the parcel of land described in subsection (b). land managed by the Bureau of Land Man- the House of Representatives a map and (b) DESCRIPTION OF THE LAND.—The parcel agement, comprising approximately 11,712 legal description of each wilderness area des- of land referred to in subsection (a) is the acres, as generally depicted on the Red Cliffs ignated by paragraph (1). parcel of land known as the ‘‘Leiffer tract’’ National Conservation Area Map, which (B) FORCE AND EFFECT.—Each map and that is— shall be known as the ‘‘Cottonwood Canyon legal description submitted under subpara- (1) located near the eastern boundary of Wilderness’’. graph (A) shall have the same force and ef- the Park in Larimer County, Colorado; and (E) COTTONWOOD FOREST.—Certain Federal fect as if included in this subtitle, except (2) administered by the National Park land managed by the Forest Service, com- that the Secretary may correct any clerical Service. prising approximately 2,643 acres, as gen- or typographical errors in the map or legal Subtitle O—Washington County, Utah erally depicted on the Red Cliffs National description. SEC. 1971. DEFINITIONS. Conservation Area Map, which shall be (C) AVAILABILITY.—Each map and legal de- In this subtitle: known as the ‘‘Cottonwood Forest Wilder- scription submitted under subparagraph (A) (1) BEAVER DAM WASH NATIONAL CONSERVA- ness’’. shall be available in the appropriate offices (F) COUGAR CANYON.—Certain Federal land TION AREA MAP.—The term ‘‘Beaver Dam of— Wash National Conservation Area Map’’ managed by the Bureau of Land Manage- (i) the Bureau of Land Management; and means the map entitled ‘‘Beaver Dam Wash ment, comprising approximately 10,409 acres, (ii) the Forest Service. as generally depicted on the Northwestern National Conservation Area’’ and dated De- (b) ADMINISTRATION OF WILDERNESS Washington County Wilderness Map, which cember 18, 2008. AREAS.— shall be known as the ‘‘Cougar Canyon Wil- (2) CANAAN MOUNTAIN WILDERNESS MAP.— (1) MANAGEMENT.—Subject to valid existing derness’’. The term ‘‘Canaan Mountain Wilderness rights, each area designated as wilderness by (G) DEEP CREEK.—Certain Federal land Map’’ means the map entitled ‘‘Canaan subsection (a)(1) shall be administered by the managed by the Bureau of Land Manage- Mountain Wilderness’’ and dated June 21, ment, comprising approximately 3,284 acres, Secretary in accordance with the Wilderness 2008. as generally depicted on the Northeastern Act (16 U.S.C. 1131 et seq.), except that— (3) COUNTY.—The term ‘‘County’’ means Washington County Wilderness Map, which (A) any reference in the Wilderness Act to Washington County, Utah. shall be known as the ‘‘Deep Creek Wilder- the effective date of that Act shall be consid- (4) NORTHEASTERN WASHINGTON COUNTY WIL- ness’’. ered to be a reference to the date of enact- DERNESS MAP.—The term ‘‘Northeastern ment of this Act; and (H) DEEP CREEK NORTH.—Certain Federal Washington County Wilderness Map’’ means land managed by the Bureau of Land Man- (B) any reference in the Wilderness Act to the map entitled ‘‘Northeastern Washington agement, comprising approximately 4,262 the Secretary of Agriculture shall be consid- County Wilderness’’ and dated November 12, acres, as generally depicted on the North- ered to be a reference to the Secretary that 2008. eastern Washington County Wilderness Map, has jurisdiction over the land. (5) NORTHWESTERN WASHINGTON COUNTY WIL- which shall be known as the ‘‘Deep Creek (2) LIVESTOCK.—The grazing of livestock in DERNESS MAP.—The term ‘‘Northwestern North Wilderness’’. each area designated as wilderness by sub- Washington County Wilderness Map’’ means (I) DOC’S PASS.—Certain Federal land man- section (a)(1), where established before the the map entitled ‘‘Northwestern Washington aged by the Bureau of Land Management, date of enactment of this Act, shall be per- County Wilderness’’ and dated June 21, 2008. comprising approximately 17,294 acres, as mitted to continue— (6) RED CLIFFS NATIONAL CONSERVATION generally depicted on the Northwestern (A) subject to such reasonable regulations, AREA MAP.—The term ‘‘Red Cliffs National Washington County Wilderness Map, which policies, and practices that the Secretary Conservation Area Map’’ means the map en- shall be known as the ‘‘Doc’s Pass Wilder- considers necessary; and titled ‘‘Red Cliffs National Conservation ness’’. (B) in accordance with— Area’’ and dated November 12, 2008. (J) GOOSE CREEK.—Certain Federal land (i) section 4(d)(4) of the Wilderness Act (16 (7) SECRETARY.—The term ‘‘Secretary’’ managed by the Bureau of Land Manage- U.S.C. 1133(d)(4)); and means— ment, comprising approximately 98 acres, as (ii) the guidelines set forth in Appendix A (A) with respect to land under the jurisdic- generally depicted on the Northeastern of the report of the Committee on Interior tion of the Secretary of Agriculture, the Sec- Washington County Wilderness Map, which and Insular Affairs of the House of Rep- retary of Agriculture; and shall be known as the ‘‘Goose Creek Wilder- resentatives accompanying H.R. 2570 of the (B) with respect to land under the jurisdic- ness’’. 101st Congress (H.Rep. 101–405) and H.R. 5487 tion of the Secretary of the Interior, the Sec- (K) LAVERKIN CREEK.—Certain Federal land of the 96th Congress (H. Rept. 96–617). retary of the Interior. managed by the Bureau of Land Manage- (3) WILDFIRE, INSECT, AND DISEASE MANAGE- (8) STATE.—The term ‘‘State’’ means the ment, comprising approximately 445 acres, as MENT.—In accordance with section 4(d)(1) of State of Utah. generally depicted on the Northeastern the Wilderness Act (16 U.S.C. 1133(d)(1)), the (9) WASHINGTON COUNTY GROWTH AND CON- Washington County Wilderness Map, which Secretary may take such measures in each SERVATION ACT MAP.—The term ‘‘Washington shall be known as the ‘‘LaVerkin Creek Wil- area designated as wilderness by subsection County Growth and Conservation Act Map’’ derness’’. (a)(1) as the Secretary determines to be nec- means the map entitled ‘‘Washington County (L) RED BUTTE.—Certain Federal land man- essary for the control of fire, insects, and Growth and Conservation Act Map’’ and aged by the Bureau of Land Management, diseases (including, as the Secretary deter- dated November 13, 2008. comprising approximately 1,537 acres, as gen- mines to be appropriate, the coordination of SEC. 1972. WILDERNESS AREAS. erally depicted on the Northeastern Wash- those activities with a State or local agen- (a) ADDITIONS TO NATIONAL WILDERNESS ington County Wilderness Map, which shall cy). PRESERVATION SYSTEM.— be known as the ‘‘Red Butte Wilderness’’. (4) BUFFER ZONES.— (1) ADDITIONS.—Subject to valid existing (M) RED MOUNTAIN.—Certain Federal land (A) IN GENERAL.—Nothing in this section rights, the following land in the State is des- managed by the Bureau of Land Manage- creates a protective perimeter or buffer zone ignated as wilderness and as components of ment, comprising approximately 18,729 acres, around any area designated as wilderness by the National Wilderness Preservation Sys- as generally depicted on the Red Cliffs Na- subsection (a)(1). tem: tional Conservation Area Map, which shall (B) ACTIVITIES OUTSIDE WILDERNESS.—The (A) BEARTRAP CANYON.—Certain Federal be known as the ‘‘Red Mountain Wilder- fact that an activity or use on land outside land managed by the Bureau of Land Man- ness’’. any area designated as wilderness by sub- agement, comprising approximately 40 acres, (N) SLAUGHTER CREEK.—Certain Federal section (a)(1) can be seen or heard within the as generally depicted on the Northeastern land managed by the Bureau of Land Man- wilderness shall not preclude the activity or Washington County Wilderness Map, which agement, comprising approximately 3,901 use outside the boundary of the wilderness. shall be known as the ‘‘Beartrap Canyon Wil- acres, as generally depicted on the North- (5) MILITARY OVERFLIGHTS.—Nothing in derness’’. western Washington County Wilderness Map, this section restricts or precludes— (B) BLACKRIDGE.—Certain Federal land which shall be known as the ‘‘Slaughter (A) low-level overflights of military air- managed by the Bureau of Land Manage- Creek Wilderness’’. craft over any area designated as wilderness ment, comprising approximately 13,015 acres, (O) TAYLOR CREEK.—Certain Federal land by subsection (a)(1), including military over- as generally depicted on the Northeastern managed by the Bureau of Land Manage- flights that can be seen or heard within any Washington County Wilderness Map, which ment, comprising approximately 32 acres, as wilderness area; shall be known as the ‘‘Blackridge Wilder- generally depicted on the Northeastern (B) flight testing and evaluation; or ness’’. Washington County Wilderness Map, which (C) the designation or creation of new (C) CANAAN MOUNTAIN.—Certain Federal shall be known as the ‘‘Taylor Creek Wilder- units of special use airspace, or the estab- land in the County managed by the Bureau ness’’. lishment of military flight training routes of Land Management, comprising approxi- (2) MAPS AND LEGAL DESCRIPTIONS.— over any wilderness area. mately 44,531 acres, as generally depicted on (A) IN GENERAL.—As soon as practicable (6) ACQUISITION AND INCORPORATION OF LAND the Canaan Mountain Wilderness Map, which after the date of enactment of this Act, the AND INTERESTS IN LAND.—

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(A) ACQUISITION AUTHORITY.—In accordance Secretary may authorize structures and fa- Energy and Natural Resources of the Senate with applicable laws (including regulations), cilities, including existing structures and fa- and the Committee on Natural Resources of the Secretary may acquire any land or inter- cilities, for wildlife water development the House of Representatives a map and est in land within the boundaries of the wil- projects, including guzzlers, in the wilder- legal description of the Wilderness Area. derness areas designated by subsection (a)(1) ness areas designated by subsection (a)(1) if— (B) FORCE AND EFFECT.—The map and legal by purchase from willing sellers, donation, (A) the structures and facilities will, as de- description submitted under subparagraph or exchange. termined by the Secretary, enhance wilder- (A) shall have the same force and effect as if (B) INCORPORATION.—Any land or interest ness values by promoting healthy, viable, included in this Act, except that the Sec- in land acquired by the Secretary under sub- and more naturally distributed wildlife pop- retary may correct any clerical or typo- paragraph (A) shall be incorporated into, and ulations; and graphical errors in the map or legal descrip- administered as a part of, the wilderness (B) the visual impacts of the structures tion. area in which the land or interest in land is and facilities on the wilderness areas can (C) AVAILABILITY.—The map and legal de- located. reasonably be minimized. scription submitted under subparagraph (A) (7) NATIVE AMERICAN CULTURAL AND RELI- (12) COOPERATIVE AGREEMENT.—Not later shall be available in the appropriate offices GIOUS USES.—Nothing in this section dimin- than 1 year after the date of enactment of of the National Park Service. ishes— this Act, the Secretary shall enter into a co- SEC. 1974. RED CLIFFS NATIONAL CONSERVA- (A) the rights of any Indian tribe; or operative agreement with the State that TION AREA. (B) any tribal rights regarding access to specifies the terms and conditions under (a) PURPOSES.—The purposes of this section Federal land for tribal activities, including which wildlife management activities in the are— spiritual, cultural, and traditional food-gath- wilderness areas designated by subsection (1) to conserve, protect, and enhance for ering activities. (a)(1) may be carried out. the benefit and enjoyment of present and fu- LIMATOLOGICAL DATA COLLECTION.—In (8) C (c) RELEASE OF WILDERNESS STUDY ture generations the ecological, scenic, wild- accordance with the Wilderness Act (16 AREAS.— life, recreational, cultural, historical, nat- U.S.C. 1131 et seq.) and subject to such terms (1) FINDING.—Congress finds that, for the ural, educational, and scientific resources of and conditions as the Secretary may pre- purposes of section 603 of the Federal Land the National Conservation Area; and scribe, the Secretary may authorize the in- Policy and Management Act of 1976 (43 (2) to protect each species that is— stallation and maintenance of hydrologic, U.S.C. 1782), the public land in the County (A) located in the National Conservation meteorologic, or climatological collection administered by the Bureau of Land Manage- Area; and devices in the wilderness areas designated by ment has been adequately studied for wilder- (B) listed as a threatened or endangered subsection (a)(1) if the Secretary determines ness designation. species on the list of threatened species or that the facilities and access to the facilities (2) RELEASE.—Any public land described in the list of endangered species published are essential to flood warning, flood control, paragraph (1) that is not designated as wil- or water reservoir operation activities. under section 4(c)(1) of the Endangered Spe- derness by subsection (a)(1)— cies Act of 1973 (16 U.S.C. 1533(c)(1)). (9) WATER RIGHTS.— (A) is no longer subject to section 603(c) of (b) DEFINITIONS.—In this section: (A) STATUTORY CONSTRUCTION.—Nothing in the Federal Land Policy and Management this section— (1) HABITAT CONSERVATION PLAN.—The term Act of 1976 (43 U.S.C. 1782(c)); and (i) shall constitute or be construed to con- ‘‘habitat conservation plan’’ means the con- (B) shall be managed in accordance with stitute either an express or implied reserva- servation plan entitled ‘‘Washington County applicable law and the land management tion by the United States of any water or Habitat Conservation Plan’’ and dated Feb- plans adopted under section 202 of that Act water rights with respect to the land des- ruary 23, 1996. (43 U.S.C. 1712). ignated as wilderness by subsection (a)(1); (2) MANAGEMENT PLAN.—The term ‘‘man- (d) TRANSFER OF ADMINISTRATIVE JURISDIC- (ii) shall affect any water rights in the agement plan’’ means the management plan TION TO NATIONAL PARK SERVICE.—Adminis- State existing on the date of enactment of for the National Conservation Area devel- trative jurisdiction over the land identified this Act, including any water rights held by oped by the Secretary under subsection as the Watchman Wilderness on the North- the United States; (d)(1). eastern Washington County Wilderness Map (iii) shall be construed as establishing a (3) NATIONAL CONSERVATION AREA.—The precedent with regard to any future wilder- is hereby transferred to the National Park term ‘‘National Conservation Area’’ means ness designations; Service, to be included in, and administered the Red Cliffs National Conservation Area (iv) shall affect the interpretation of, or as part of Zion National Park. that— any designation made pursuant to, any other SEC. 1973. ZION NATIONAL PARK WILDERNESS. (A) consists of approximately 44,725 acres Act; or (a) DEFINITIONS.—In this section: of public land in the County, as generally de- (v) shall be construed as limiting, altering, (1) FEDERAL LAND.—The term ‘‘Federal picted on the Red Cliffs National Conserva- modifying, or amending any of the interstate land’’ means certain Federal land— tion Area Map; and compacts or equitable apportionment de- (A) that is— (B) is established by subsection (c). crees that apportion water among and be- (i) located in the County and Iron County, (4) PUBLIC USE PLAN.—The term ‘‘public use tween the State and other States. Utah; and plan’’ means the use plan entitled ‘‘Red (B) STATE WATER LAW.—The Secretary (ii) managed by the National Park Service; Cliffs Desert Reserve Public Use Plan’’ and shall follow the procedural and substantive (B) consisting of approximately 124,406 dated June 12, 2000, as amended. requirements of the law of the State in order acres; and (5) RESOURCE MANAGEMENT PLAN.—The to obtain and hold any water rights not in (C) as generally depicted on the Zion Na- term ‘‘resource management plan’’ means existence on the date of enactment of this tional Park Wilderness Map and the area the management plan entitled ‘‘St. George Act with respect to the wilderness areas des- added to the park under section 1972(d). Field Office Resource Management Plan’’ ignated by subsection (a)(1). (2) WILDERNESS AREA.—The term ‘‘Wilder- and dated March 15, 1999, as amended. (10) FISH AND WILDLIFE.— ness Area’’ means the Zion Wilderness des- (c) ESTABLISHMENT.—Subject to valid exist- (A) JURISDICTION OF STATE.—Nothing in ignated by subsection (b)(1). ing rights, there is established in the State this section affects the jurisdiction of the (3) ZION NATIONAL PARK WILDERNESS MAP.— the Red Cliffs National Conservation Area. State with respect to fish and wildlife on The term ‘‘Zion National Park Wilderness (d) MANAGEMENT PLAN.— public land located in the State. Map’’ means the map entitled ‘‘Zion Na- (1) IN GENERAL.—Not later than 3 years (B) AUTHORITY OF SECRETARY.—In further- tional Park Wilderness’’ and dated April after the date of enactment of this Act and ance of the purposes and principles of the 2008. in accordance with paragraph (2), the Sec- Wilderness Act (16 U.S.C. 1131 et seq.), the (b) ZION NATIONAL PARK WILDERNESS.— retary shall develop a comprehensive plan Secretary may carry out management ac- (1) DESIGNATION.—Subject to valid existing for the long-term management of the Na- tivities to maintain or restore fish and wild- rights, the Federal land is designated as wil- tional Conservation Area. life populations (including activities to derness and as a component of the National (2) CONSULTATION.—In developing the man- maintain and restore fish and wildlife habi- Wilderness Preservation System, to be agement plan required under paragraph (1), tats to support the populations) in any wil- known as the ‘‘Zion Wilderness’’. the Secretary shall consult with— derness area designated by subsection (a)(1) (2) INCORPORATION OF ACQUIRED LAND.—Any (A) appropriate State, tribal, and local if the activities are— land located in the Zion National Park that governmental entities; and (i) consistent with applicable wilderness is acquired by the Secretary through a vol- (B) members of the public. management plans; and untary sale, exchange, or donation may, on (3) INCORPORATION OF PLANS.—In developing (ii) carried out in accordance with— the recommendation of the Secretary, be- the management plan required under para- (I) the Wilderness Act (16 U.S.C. 1131 et come part of the Wilderness Area, in accord- graph (1), to the extent consistent with this seq.); and ance with the Wilderness Act (16 U.S.C. 1131 section, the Secretary may incorporate any (II) applicable guidelines and policies, in- et seq.). provision of— cluding applicable policies described in Ap- (3) MAP AND LEGAL DESCRIPTION.— (A) the habitat conservation plan; pendix B of House Report 101–405. (A) IN GENERAL.—As soon as practicable (B) the resource management plan; and (11) WILDLIFE WATER DEVELOPMENT after the date of enactment of this Act, the (C) the public use plan. PROJECTS.—Subject to paragraph (12), the Secretary shall submit to the Committee on (e) MANAGEMENT.—

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(1) IN GENERAL.—The Secretary shall man- educational, and scientific resources of the operation with other Federal, State, and age the National Conservation Area— Beaver Dam Wash National Conservation local agencies, as appropriate, from con- (A) in a manner that conserves, protects, Area. ducting wildland fire operations in the Na- and enhances the resources of the National (b) DEFINITIONS.—In this section: tional Conservation Area, consistent with Conservation Area; and (1) MANAGEMENT PLAN.—The term ‘‘man- the purposes of this section. (B) in accordance with— agement plan’’ means the management plan (f) INCORPORATION OF ACQUIRED LAND AND (i) the Federal Land Policy and Manage- for the National Conservation Area devel- INTERESTS.—Any land or interest in land ment Act of 1976 (43 U.S.C. 1701 et seq.); oped by the Secretary under subsection that is located in the National Conservation (ii) this section; and (d)(1). Area that is acquired by the United States (iii) any other applicable law (including (2) NATIONAL CONSERVATION AREA.—The shall— regulations). term ‘‘National Conservation Area’’ means (1) become part of the National Conserva- (2) USES.—The Secretary shall only allow the Beaver Dam Wash National Conservation tion Area; and uses of the National Conservation Area that Area that— (2) be managed in accordance with— the Secretary determines would further a (A) consists of approximately 68,083 acres (A) the Federal Land Policy and Manage- purpose described in subsection (a). of public land in the County, as generally de- ment Act of 1976 (43 U.S.C. 1701 et seq.); (3) MOTORIZED VEHICLES.—Except in cases picted on the Beaver Dam Wash National (B) this section; and in which motorized vehicles are needed for Conservation Area Map; and (C) any other applicable law (including reg- administrative purposes, or to respond to an (B) is established by subsection (c). ulations). emergency, the use of motorized vehicles in (c) ESTABLISHMENT.—Subject to valid exist- (g) WITHDRAWAL.— the National Conservation Area shall be per- ing rights, there is established in the State (1) IN GENERAL.—Subject to valid existing mitted only on roads designated by the man- the Beaver Dam Wash National Conservation rights, all Federal land located in the Na- agement plan for the use of motorized vehi- Area. tional Conservation Area is withdrawn (d) MANAGEMENT PLAN.— cles. from— (1) IN GENERAL.—Not later than 3 years (A) all forms of entry, appropriation, and (4) GRAZING.—The grazing of livestock in after the date of enactment of this Act and disposal under the public land laws; the National Conservation Area, where es- in accordance with paragraph (2), the Sec- (B) location, entry, and patenting under tablished before the date of enactment of retary shall develop a comprehensive plan the mining laws; and this Act, shall be permitted to continue— for the long-term management of the Na- (C) operation of the mineral leasing, min- (A) subject to— tional Conservation Area. eral materials, and geothermal leasing laws. (i) such reasonable regulations, policies, (2) CONSULTATION.—In developing the man- (2) ADDITIONAL LAND.—If the Secretary ac- and practices as the Secretary considers nec- agement plan required under paragraph (1), quires additional land that is located in the essary; and the Secretary shall consult with— National Conservation Area after the date of (ii) applicable law; and (A) appropriate State, tribal, and local enactment of this Act, the land is withdrawn (B) in a manner consistent with the pur- governmental entities; and from operation of the laws referred to in poses described in subsection (a). (B) members of the public. paragraph (1) on the date of acquisition of (5) WILDLAND FIRE OPERATIONS.—Nothing in (3) MOTORIZED VEHICLES.—In developing the the land. this section prohibits the Secretary, in co- management plan required under paragraph operation with other Federal, State, and SEC. 1976. ZION NATIONAL PARK WILD AND SCE- (1), the Secretary shall incorporate the re- NIC RIVER DESIGNATION. local agencies, as appropriate, from con- strictions on motorized vehicles described in (a) DESIGNATION.—Section 3(a) of the Wild ducting wildland fire operations in the Na- subsection (e)(3). and Scenic Rivers Act (16 U.S.C. 1274(a)) (as tional Conservation Area, consistent with (e) MANAGEMENT.— amended by section 1852) is amended by add- the purposes of this section. (1) IN GENERAL.—The Secretary shall man- ing at the end the following: (f) INCORPORATION OF ACQUIRED LAND AND age the National Conservation Area— ‘‘(204) ZION NATIONAL PARK, UTAH.—The ap- INTERESTS.—Any land or interest in land (A) in a manner that conserves, protects, proximately 165.5 miles of segments of the that is located in the National Conservation and enhances the resources of the National Virgin River and tributaries of the Virgin Area that is acquired by the United States Conservation Area; and River across Federal land within and adja- shall— (B) in accordance with— cent to Zion National Park, as generally de- (1) become part of the National Conserva- (i) the Federal Land Policy and Manage- picted on the map entitled ‘Wild and Scenic tion Area; and ment Act of 1976 (43 U.S.C. 1701 et seq.); River Segments Zion National Park and Bu- (2) be managed in accordance with— (ii) this section; and reau of Land Management’ and dated April (A) the Federal Land Policy and Manage- (iii) any other applicable law (including 2008, to be administered by the Secretary of ment Act of 1976 (43 U.S.C. 1701 et seq.); regulations). the Interior in the following classifications: (B) this section; and (2) USES.—The Secretary shall only allow ‘‘(A) TAYLOR CREEK.—The 4.5-mile segment (C) any other applicable law (including reg- uses of the National Conservation Area that from the junction of the north, middle, and ulations). the Secretary determines would further the south forks of Taylor Creek, west to the (g) WITHDRAWAL.— purpose described in subsection (a). park boundary and adjacent land rim-to-rim, (1) IN GENERAL.—Subject to valid existing rights, all Federal land located in the Na- (3) MOTORIZED VEHICLES.— as a scenic river. tional Conservation Area are withdrawn (A) IN GENERAL.—Except in cases in which ‘‘(B) NORTH FORK OF TAYLOR CREEK.—The from— motorized vehicles are needed for adminis- segment from the head of North Fork to the (A) all forms of entry, appropriation, and trative purposes, or to respond to an emer- junction with Taylor Creek and adjacent disposal under the public land laws; gency, the use of motorized vehicles in the land rim-to-rim, as a wild river. (B) location, entry, and patenting under National Conservation Area shall be per- ‘‘(C) MIDDLE FORK OF TAYLOR CREEK.—The the mining laws; and mitted only on roads designated by the man- segment from the head of Middle Fork on (C) operation of the mineral leasing, min- agement plan for the use of motorized vehi- Bureau of Land Management land to the eral materials, and geothermal leasing laws. cles. junction with Taylor Creek and adjacent (B) ADDITIONAL REQUIREMENT RELATING TO land rim-to-rim, as a wild river. (2) ADDITIONAL LAND.—If the Secretary ac- quires additional land that is located in the CERTAIN AREAS LOCATED IN THE NATIONAL CON- ‘‘(D) SOUTH FORK OF TAYLOR CREEK.—The National Conservation Area after the date of SERVATION AREA.—In addition to the require- segment from the head of South Fork to the enactment of this Act, the land is withdrawn ment described in subparagraph (A), with re- junction with Taylor Creek and adjacent from operation of the laws referred to in spect to the areas designated on the Beaver land rim-to-rim, as a wild river. paragraph (1) on the date of acquisition of Dam Wash National Conservation Area Map ‘‘(E) TIMBER CREEK AND TRIBUTARIES.—The the land. as ‘‘Designated Road Areas’’, motorized vehi- 3.1-mile segment from the head of Timber (h) EFFECT.—Nothing in this section pro- cles shall be permitted only on the roads Creek and tributaries of Timber Creek to the hibits the authorization of the development identified on such map. junction with LaVerkin Creek and adjacent of utilities within the National Conservation (4) GRAZING.—The grazing of livestock in land rim-to-rim, as a wild river. Area if the development is carried out in ac- the National Conservation Area, where es- ‘‘(F) LAVERKIN CREEK.—The 16.1-mile seg- cordance with— tablished before the date of enactment of ment beginning in T. 38 S., R. 11 W., sec. 21, (1) each utility development protocol de- this Act, shall be permitted to continue— on Bureau of Land Management land, south- scribed in the habitat conservation plan; and (A) subject to— west through Zion National Park, and end- (2) any other applicable law (including reg- (i) such reasonable regulations, policies, ing at the south end of T. 40 S., R. 12 W., sec. ulations). and practices as the Secretary considers nec- 7, and adjacent land 1⁄2-mile wide, as a wild SEC. 1975. BEAVER DAM WASH NATIONAL CON- essary; and river. SERVATION AREA. (ii) applicable law (including regulations); ‘‘(G) WILLIS CREEK.—The 1.9-mile segment (a) PURPOSE.—The purpose of this section and beginning on Bureau of Land Management is to conserve, protect, and enhance for the (B) in a manner consistent with the pur- land in the SWSW sec. 27, T. 38 S., R. 11 W., benefit and enjoyment of present and future pose described in subsection (a). to the junction with LaVerkin Creek in Zion generations the ecological, scenic, wildlife, (5) WILDLAND FIRE OPERATIONS.—Nothing in National Park and adjacent land rim-to-rim, recreational, cultural, historical, natural, this section prohibits the Secretary, in co- as a wild river.

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‘‘(H) BEARTRAP CANYON.—The 2.3-mile seg- Sinawava and adjacent land rim-to-rim, as a be incorporated in, and be administered as ment beginning on Bureau of Management wild river. part of, the applicable wild, scenic, or rec- land in the SWNW sec. 3, T. 39 S., R. 11 W., ‘‘(Y) NORTH FORK OF THE VIRGIN RIVER.— reational river. to the junction with LaVerkin Creek and the The 8-mile segment of the North Fork of the (c) SAVINGS CLAUSE.—The amendment segment from the headwaters north of Long Virgin River from Temple of Sinawava south made by subsection (a) does not affect the Point to the junction with LaVerkin Creek to the Zion National Park boundary and ad- agreement among the United States, the 1 and adjacent land rim-to-rim, as a wild river. jacent land ⁄2-mile wide, as a recreational State, the Washington County Water Conser- ‘‘(I) HOP VALLEY CREEK.—The 3.3-mile seg- river. vancy District, and the Kane County Water ment beginning at the southern boundary of ‘‘(Z) IMLAY CANYON.—The segment from the Conservancy District entitled ‘‘Zion Na- T. 39 S., R. 11 W., sec. 20, to the junction with head of Imlay Creek to the junction with the tional Park Water Rights Settlement Agree- 1 North Fork of the Virgin River and adjacent LaVerkin Creek and adjacent land ⁄2-mile ment’’ and dated December 4, 1996. wide, as a wild river. land rim-to-rim, as a wild river. SEC. 1977. WASHINGTON COUNTY COMPREHEN- ‘‘(J) CURRENT CREEK.—The 1.4-mile seg- ‘‘(AA) ORDERVILLE CANYON.—The segment from the eastern boundary of Zion National SIVE TRAVEL AND TRANSPOR- ment from the head of Current Creek to the TATION MANAGEMENT PLAN. junction with LaVerkin Creek and adjacent Park to the junction with the North Fork of land rim-to-rim, as a wild river. the Virgin River and adjacent land rim-to- (a) DEFINITIONS.—In this section: rim, as a wild river. (1) SECRETARY.—The term ‘‘Secretary’’ ‘‘(K) CANE CREEK.—The 0.6-mile segment means the Secretary of the Interior. from the head of Smith Creek to the junc- ‘‘(BB) MYSTERY CANYON.—The segment from the head of Mystery Canyon to the (2) SECRETARY CONCERNED.—The term ‘‘Sec- tion with LaVerkin Creek and adjacent land junction with the North Fork of the Virgin retary concerned’’ means— 1⁄2-mile wide, as a wild river. River and adjacent land rim-to-rim, as a wild (A) with respect to land managed by the ‘‘(L) SMITH CREEK.—The 1.3-mile segment river. Bureau of Land Management, the Secretary; from the head of Smith Creek to the junc- ‘‘(CC) ECHO CANYON.—The segment from and tion with LaVerkin Creek and adjacent land the eastern boundary of Zion National Park (B) with respect to land managed by the 1⁄2-mile wide, as a wild river. to the junction with the North Fork of the Forest Service, the Secretary of Agriculture. ‘‘(M) NORTH CREEK LEFT AND RIGHT FORKS.— Virgin River and adjacent land rim-to-rim, (3) TRAIL.—The term ‘‘trail’’ means the The segment of the Left Fork from the junc- as a wild river. High Desert Off-Highway Vehicle Trail des- tion with Wildcat Canyon to the junction ‘‘(DD) BEHUNIN CANYON.—The segment ignated under subsection (c)(1)(A). with Right Fork, from the head of Right from the head of Behunin Canyon to the (4) TRAVEL MANAGEMENT PLAN.—The term Fork to the junction with Left Fork, and junction with the North Fork of the Virgin ‘‘travel management plan’’ means the com- from the junction of the Left and Right River and adjacent land rim-to-rim, as a wild prehensive travel and transportation man- Forks southwest to Zion National Park river. agement plan developed under subsection boundary and adjacent land rim-to-rim, as a ‘‘(EE) HEAPS CANYON.—The segment from (b)(1). wild river. the head of Heaps Canyon to the junction (b) COMPREHENSIVE TRAVEL AND TRANSPOR- ‘‘(N) WILDCAT CANYON (BLUE CREEK).—The with the North Fork of the Virgin River and TATION MANAGEMENT PLAN.— segment of Blue Creek from the Zion Na- adjacent land rim-to-rim, as a wild river. (1) IN GENERAL.—Not later than 3 years tional Park boundary to the junction with ‘‘(FF) BIRCH CREEK.—The segment from the the Right Fork of North Creek and adjacent after the date of enactment of this Act, in head of Birch Creek to the junction with the accordance with the Federal Land Policy and land rim-to-rim, as a wild river. North Fork of the Virgin River and adjacent ‘‘(O) LITTLE CREEK.—The segment begin- Management Act of 1976 (43 U.S.C. 1701 et land 1⁄2-mile wide, as a wild river. ning at the head of Little Creek to the junc- seq.) and other applicable laws (including ‘‘(GG) OAK CREEK.—The segment of Oak regulations), the Secretary, in consultation tion with the Left Fork of North Creek and Creek from the head of Oak Creek to where adjacent land 1⁄2-mile wide, as a wild river. with appropriate Federal agencies and State, the forks join and adjacent land 1⁄2-mile wide, ‘‘(P) RUSSELL GULCH.—The segment from tribal, and local governmental entities, and as a wild river. after an opportunity for public comment, the head of Russell Gulch to the junction ‘‘(HH) OAK CREEK.—The 1-mile segment of with the Left Fork of North Creek and adja- shall develop a comprehensive travel man- Oak Creek from the point at which the 2 agement plan for the land managed by the cent land rim-to-rim, as a wild river. forks of Oak Creek join to the junction with ‘‘(Q) GRAPEVINE WASH.—The 2.6-mile seg- Bureau of Land Management in the County— the North Fork of the Virgin River and adja- (A) to provide to the public a clearly ment from the Lower Kolob Plateau to the 1 cent land ⁄2-mile wide, as a recreational marked network of roads and trails with junction with the Left Fork of North Creek river. and adjacent land rim-to-rim, as a scenic signs and maps to promote— ‘‘(II) CLEAR CREEK.—The 6.4-mile segment (i) public safety and awareness; and river. of Clear Creek from the eastern boundary of ‘‘(R) PINE SPRING WASH.—The 4.6-mile seg- (ii) enhanced recreation and general access Zion National Park to the junction with opportunities; ment to the junction with the left fork of Pine Creek and adjacent land rim-to-rim, as 1 (B) to help reduce in the County growing North Creek and adjacent land ⁄2-mile, as a a recreational river. scenic river. conflicts arising from interactions between— ‘‘(JJ) PINE CREEK .—The 2-mile segment of (i) motorized recreation; and ‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile Pine Creek from the head of Pine Creek to segment from the head of Wolf Springs Wash (ii) the important resource values of public the junction with Clear Creek and adjacent land; to the junction with Pine Spring Wash and land rim-to-rim, as a wild river. adjacent land 1⁄2-mile wide, as a scenic river. (C) to promote citizen-based opportunities ‘‘(KK) PINE CREEK.—The 3-mile segment of for— ‘‘(T) KOLOB CREEK.—The 5.9-mile segment Pine Creek from the junction with Clear of Kolob Creek beginning in T. 39 S., R. 10 (i) the monitoring and stewardship of the Creek to the junction with the North Fork of trail; and W., sec. 30, through Bureau of Land Manage- the Virgin River and adjacent land rim-to- ment land and Zion National Park land to (ii) trail system management; and rim, as a recreational river. (D) to support law enforcement officials in the junction with the North Fork of the Vir- ‘‘(LL) EAST FORK OF THE VIRGIN RIVER.— gin River and adjacent land rim-to-rim, as a promoting— The 8-mile segment of the East Fork of the (i) compliance with off-highway vehicle wild river. Virgin River from the eastern boundary of ‘‘(U) OAK CREEK.—The 1-mile stretch of laws (including regulations); and Zion National Park through Parunuweap (ii) effective deterrents of abuses of public Oak Creek beginning in T. 39 S., R. 10 W., Canyon to the western boundary of Zion Na- sec. 19, to the junction with Kolob Creek and land. tional Park and adjacent land 1⁄2-mile wide, adjacent land rim-to-rim, as a wild river. (2) SCOPE; CONTENTS.—In developing the as a wild river. travel management plan, the Secretary ‘‘(V) GOOSE CREEK.—The 4.6-mile segment ‘‘(MM) SHUNES CREEK.—The 3-mile segment of Goose Creek from the head of Goose Creek shall— of Shunes Creek from the dry waterfall on (A) in consultation with appropriate Fed- to the junction with the North Fork of the land administered by the Bureau of Land Virgin River and adjacent land rim-to-rim, eral agencies, State, tribal, and local govern- Management through Zion National Park to mental entities (including the County and as a wild river. the western boundary of Zion National Park ‘‘(W) DEEP CREEK.—The 5.3-mile segment of St. George City, Utah), and the public, iden- and adjacent land 1⁄2-mile wide as a wild Deep Creek beginning on Bureau of Land tify 1 or more alternatives for a northern river.’’. transportation route in the County; Management land at the northern boundary (b) INCORPORATION OF ACQUIRED NON-FED- (B) ensure that the travel management of T. 39 S., R. 10 W., sec. 23, south to the ERAL LAND.—If the United States acquires junction of the North Fork of the Virgin any non-Federal land within or adjacent to plan contains a map that depicts the trail; River and adjacent land rim-to-rim, as a wild Zion National Park that includes a river seg- and river. ment that is contiguous to a river segment (C) designate a system of areas, roads, and ‘‘(X) NORTH FORK OF THE VIRGIN RIVER.— of the Virgin River designated as a wild, sce- trails for mechanical and motorized use. The 10.8-mile segment of the North Fork of nic, or recreational river by paragraph (204) (c) DESIGNATION OF TRAIL.— the Virgin River beginning on Bureau of of section 3(a) of the Wild and Scenic Rivers (1) DESIGNATION.— Land Management land at the eastern border Act (16 U.S.C. 1274(a)) (as added by sub- (A) IN GENERAL.—As a component of the of T. 39 S., R. 10 W., sec. 35, to Temple of section (a)), the acquired river segment shall travel management plan, and in accordance

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with subparagraph (B), the Secretary, in co- (ii) the distribution of maps, safety edu- (4) WASHINGTON COUNTY JAIL.—The approxi- ordination with the Secretary of Agri- cation materials, and other information that mately 80-acre parcel as generally depicted culture, and after an opportunity for public the Secretary concerned determines to be on the Washington County Growth and Con- comment, shall designate a trail (which may appropriate. servation Act Map as ‘‘Parcel E’’, to Wash- include a system of trails)— (3) EFFECT.—Nothing in this section affects ington County, Utah, for expansion of the (i) for use by off-highway vehicles; and the ownership, management, or other rights Purgatory Correctional Facility. (ii) to be known as the ‘‘High Desert Off- relating to any non-Federal land (including (5) HURRICANE EQUESTRIAN PARK.—The ap- Highway Vehicle Trail’’. any interest in any non-Federal land). proximately 40-acre parcel as generally de- (B) REQUIREMENTS.—In designating the SEC. 1978. LAND DISPOSAL AND ACQUISITION. picted on the Washington County Growth trail, the Secretary shall only include trails (a) IN GENERAL.—Consistent with applica- and Conservation Act Map as ‘‘Parcel F’’, to that are— ble law, the Secretary of the Interior may the City of Hurricane, Utah, for use as a pub- (i) as of the date of enactment of this Act, sell public land located within Washington lic equestrian park. authorized for use by off-highway vehicles; County, Utah, that, as of July 25, 2000, has (b) MAP AND LEGAL DESCRIPTIONS.—As soon and been identified for disposal in appropriate re- as practicable after the date of enactment of (ii) located on land that is managed by the source management plans. this Act, the Secretary shall finalize legal descriptions of the parcels to be conveyed Bureau of Land Management in the County. (b) USE OF PROCEEDS.— under this section. The Secretary may cor- (C) NATIONAL FOREST LAND.—The Secretary (1) IN GENERAL.—Notwithstanding any rect any minor errors in the map referenced of Agriculture, in coordination with the Sec- other provision of law (other than a law that in subsection (a) or in the applicable legal retary and in accordance with applicable specifically provides for a portion of the pro- descriptions. The map and legal descriptions law, may designate a portion of the trail on ceeds of a land sale to be distributed to any shall be on file and available for public in- National Forest System land within the trust fund of the State), proceeds from the County. spection in the appropriate offices of the Bu- sale of public land under subsection (a) shall reau of Land Management. (D) MAP.—A map that depicts the trail be deposited in a separate account in the shall be on file and available for public in- (c) REVERSION.— Treasury to be known as the ‘‘Washington (1) IN GENERAL.—If any parcel conveyed spection in the appropriate offices of— County, Utah Land Acquisition Account’’. (i) the Bureau of Land Management; and under this section ceases to be used for the (2) AVAILABILITY.— (ii) the Forest Service. public purpose for which the parcel was con- (A) IN GENERAL.—Amounts in the account veyed, as described in subsection (a), the (2) MANAGEMENT.— shall be available to the Secretary, without (A) IN GENERAL.—The Secretary concerned land shall, at the discretion of the Secretary further appropriation, to purchase from will- shall manage the trail— based on his determination of the best inter- ing sellers lands or interests in land within (i) in accordance with applicable laws (in- ests of the United States, revert to the the wilderness areas and National Conserva- cluding regulations); United States. tion Areas established by this subtitle. (ii) to ensure the safety of citizens who use (2) RESPONSIBILITY OF LOCAL GOVERN- (B) APPLICABILITY.—Any purchase of land the trail; and MENTAL ENTITY.—If the Secretary determines or interest in land under subparagraph (A) (iii) in a manner by which to minimize any pursuant to paragraph (1) that the land shall be in accordance with applicable law. damage to sensitive habitat or cultural re- should revert to the United States, and if the sources. SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGI- Secretary determines that the land is con- CAL AREAS. (B) MONITORING; EVALUATION.—To mini- taminated with hazardous waste, the local mize the impacts of the use of the trail on (a) IN GENERAL.—In accordance with appli- governmental entity to which the land was environmental and cultural resources, the cable Federal laws (including regulations), conveyed shall be responsible for remedi- Secretary concerned shall— the Secretary of the Interior shall— ation of the contamination. (i) annually assess the effects of the use of (1) identify areas located in the County SEC. 1981. CONVEYANCE OF DIXIE NATIONAL off-highway vehicles on— where biological conservation is a priority; FOREST LAND. (I) the trail; and and (a) DEFINITIONS.—In this section: (II) land located in proximity to the trail; (2) undertake activities to conserve and re- (1) COVERED FEDERAL LAND.—The term and store plant and animal species and natural ‘‘covered Federal land’’ means the approxi- (ii) in consultation with the Utah Depart- communities within such areas. mately 66.07 acres of land in the Dixie Na- ment of Natural Resources, annually assess (b) GRANTS; COOPERATIVE AGREEMENTS.—In tional Forest in the State, as depicted on the the effects of the use of the trail on wildlife carrying out subsection (a), the Secretary of map. and wildlife habitat. the Interior may make grants to, or enter (2) LANDOWNER.—The term ‘‘landowner’’ (C) CLOSURE.—The Secretary concerned, in into cooperative agreements with, State, means Kirk R. Harrison, who owns land in consultation with the State and the County, tribal, and local governmental entities and Pinto Valley, Utah. and subject to subparagraph (D), may tempo- private entities to conduct research, develop (3) MAP.—The term ‘‘map’’ means the map rarily close or permanently reroute a portion scientific analyses, and carry out any other entitled ‘‘Conveyance of Dixie National For- of the trail if the Secretary concerned deter- initiative relating to the restoration or con- est Land’’ and dated December 18, 2008. mines that— servation of the areas. (4) SECRETARY.—The term ‘‘Secretary’’ (i) the trail is having an adverse impact SEC. 1980. PUBLIC PURPOSE CONVEYANCES. means the Secretary of Agriculture. on— (a) IN GENERAL.—Notwithstanding the land (b) CONVEYANCE.— (I) wildlife habitats; use planning requirements of sections 202 (1) IN GENERAL.—The Secretary may con- (II) natural resources; and 203 of the Federal Land Policy and Man- vey to the landowner all right, title, and in- (III) cultural resources; or agement Act of 1976 (43 U.S.C. 1712, 1713), terest of the United States in and to any of (IV) traditional uses; upon the request of the appropriate local the covered Federal land (including any im- (ii) the trail threatens public safety; or governmental entity, as described below, the provements or appurtenances to the covered (iii) closure of the trail is necessary— Secretary shall convey the following parcels Federal land) by sale or exchange. (I) to repair damage to the trail; or of public land without consideration, subject (2) LEGAL DESCRIPTION.—The exact acreage (II) to repair resource damage. to the provisions of this section: and legal description of the covered Federal (D) REROUTING.—Any portion of the trail (1) TEMPLE QUARRY.—The approximately land to be conveyed under paragraph (1) shall that is temporarily closed by the Secretary 122-acre parcel known as ‘‘Temple Quarry’’ be determined by surveys satisfactory to the concerned under subparagraph (C) may be as generally depicted on the Washington Secretary. permanently rerouted along any road or County Growth and Conservation Act Map as (3) CONSIDERATION.— trail— ‘‘Parcel B’’, to the City of St. George, Utah, (A) IN GENERAL.—As consideration for any (i) that is— for open space and public recreation pur- conveyance by sale under paragraph (1), the (I) in existence as of the date of the closure poses. landowner shall pay to the Secretary an of the portion of the trail; (2) HURRICANE CITY SPORTS PARK.—The ap- amount equal to the fair market value of (II) located on public land; and proximately 41-acre parcel as generally de- any Federal land conveyed, as determined (III) open to motorized use; and picted on the Washington County Growth under subparagraph (B). (ii) if the Secretary concerned determines and Conservation Act Map as ‘‘Parcel C’’, to (B) APPRAISAL.—The fair market value of that rerouting the portion of the trail would the City of Hurricane, Utah, for public recre- any Federal land that is conveyed under not significantly increase or decrease the ation purposes and public administrative of- paragraph (1) shall be determined by an ap- length of the trail. fices. praisal acceptable to the Secretary that is (E) NOTICE OF AVAILABLE ROUTES.—The (3) WASHINGTON COUNTY SCHOOL DISTRICT.— performed in accordance with— Secretary, in coordination with the Sec- The approximately 70-acre parcel as gen- (i) the Uniform Appraisal Standards for retary of Agriculture, shall ensure that visi- erally depicted on the Washington County Federal Land Acquisitions; tors to the trail have access to adequate no- Growth and Conservation Act Map as ‘‘Par- (ii) the Uniform Standards of Professional tice relating to the availability of trail cel D’’, to the Washington County Public Appraisal Practice; and routes through— School District for use for public school and (iii) any other applicable law (including (i) the placement of appropriate signage related educational and administrative pur- regulations). along the trail; and poses. (4) DISPOSITION AND USE OF PROCEEDS.—

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(A) DISPOSITION OF PROCEEDS.—The Sec- TITLE II—BUREAU OF LAND access for hunting, fishing, trapping, or rec- retary shall deposit the proceeds of any sale MANAGEMENT AUTHORIZATIONS reational shooting. of land under paragraph (1) in the fund estab- Subtitle A—National Landscape Conservation SEC. 2003. AUTHORIZATION OF APPROPRIATIONS. lished under Public Law 90–171 (commonly System There are authorized to be appropriated known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). SEC. 2001. DEFINITIONS. such sums as are necessary to carry out this (B) USE OF PROCEEDS.—Amounts deposited In this subtitle: subtitle. under subparagraph (A) shall be available to (1) SECRETARY.—The term ‘‘Secretary’’ the Secretary, without further appropriation Subtitle B—Prehistoric Trackways National and until expended, for the acquisition of means the Secretary of the Interior. Monument real property or interests in real property for (2) SYSTEM.—The term ‘‘system’’ means SEC. 2101. FINDINGS. inclusion in the Dixie National Forest in the the National Landscape Conservation Sys- Congress finds that— State. tem established by section 2002(a). (1) in 1987, a major deposit of Paleozoic Era (5) ADDITIONAL TERMS AND CONDITIONS.— SEC. 2002. ESTABLISHMENT OF THE NATIONAL fossilized footprint megatrackways was dis- The Secretary may require any additional LANDSCAPE CONSERVATION SYS- covered in the Robledo Mountains in south- TEM. terms and conditions for any conveyance ern New Mexico; (a) ESTABLISHMENT.—In order to conserve, under paragraph (1) that the Secretary deter- (2) the trackways contain footprints of nu- protect, and restore nationally significant mines to be appropriate to protect the inter- merous amphibians, reptiles, and insects (in- landscapes that have outstanding cultural, ests of the United States. cluding previously unknown species), plants, ecological, and scientific values for the ben- SEC. 1982. TRANSFER OF LAND INTO TRUST FOR and petrified wood dating back approxi- efit of current and future generations, there SHIVWITS BAND OF PAIUTE INDIANS. mately 280,000,000 years, which collectively is established in the Bureau of Land Manage- (a) DEFINITIONS.—In this section: provide new opportunities to understand ani- ment the National Landscape Conservation (1) PARCEL A.—The term ‘‘Parcel A’’ means mal behaviors and environments from a time System. the parcel that consists of approximately 640 predating the dinosaurs; (b) COMPONENTS.—The system shall include acres of land that is— (3) title III of Public Law 101–578 (104 Stat. each of the following areas administered by (A) managed by the Bureau of Land Man- 2860)— the Bureau of Land Management: agement; (A) provided interim protection for the site (1) Each area that is designated as— (B) located in Washington County, Utah; at which the trackways were discovered; and (A) a national monument; and (B) directed the Secretary of the Interior (B) a national conservation area; (C) depicted on the map entitled ‘‘Wash- to— (C) a wilderness study area; ington County Growth and Conservation Act (i) prepare a study assessing the signifi- (D) a national scenic trail or national his- Map’’. cance of the site; and toric trail designated as a component of the (2) SECRETARY.—The term ‘‘Secretary’’ (ii) based on the study, provide rec- National Trails System; means the Secretary of the Interior. ommendations for protection of the paleon- (E) a component of the National Wild and (3) TRIBE.—The term ‘‘Tribe’’ means the tological resources at the site; Scenic Rivers System; or Shivwits Band of Paiute Indians of the State (4) the Bureau of Land Management com- (F) a component of the National Wilder- of Utah. pleted the Paleozoic Trackways Scientific ness Preservation System. (b) PARCEL TO BE HELD IN TRUST.— Study Report in 1994, which characterized (2) Any area designated by Congress to be (1) IN GENERAL.—At the request of the the site as containing ‘‘the most scientif- administered for conservation purposes, in- Tribe, the Secretary shall take into trust for ically significant Early Permian tracksites’’ the benefit of the Tribe all right, title, and cluding— in the world; interest of the United States in and to Par- (A) the Steens Mountain Cooperative Man- (5) despite the conclusion of the study and cel A. agement and Protection Area; the recommendations for protection, the site (2) SURVEY; LEGAL DESCRIPTION.— (B) the Headwaters Forest Reserve; remains unprotected and many irreplaceable (A) SURVEY.—Not later than 180 days after (C) the Yaquina Head Outstanding Natural trackways specimens have been lost to van- the date of enactment of this Act, the Sec- Area; dalism or theft; and retary, acting through the Director of the (D) public land within the California (6) designation of the trackways site as a Bureau of Land Management, shall complete Desert Conservation Area administered by National Monument would protect the a survey of Parcel A to establish the bound- the Bureau of Land Management for con- unique fossil resources for present and future ary of Parcel A. servation purposes; and generations while allowing for public edu- (B) LEGAL DESCRIPTION OF PARCEL A.— (E) any additional area designated by Con- cation and continued scientific research op- (i) IN GENERAL.—Upon the completion of gress for inclusion in the system. portunities. the survey under subparagraph (A), the Sec- (c) MANAGEMENT.—The Secretary shall retary shall publish in the Federal Register manage the system— SEC. 2102. DEFINITIONS. a legal description of— (1) in accordance with any applicable law In this subtitle: (I) the boundary line of Parcel A; and (including regulations) relating to any com- (1) MONUMENT.—The term ‘‘Monument’’ (II) Parcel A. ponent of the system included under sub- means the Prehistoric Trackways National (ii) TECHNICAL CORRECTIONS.—Before the section (b); and Monument established by section 2103(a). date of publication of the legal descriptions (2) in a manner that protects the values for (2) PUBLIC LAND.—The term ‘‘public land’’ under clause (i), the Secretary may make which the components of the system were has the meaning given the term ‘‘public minor corrections to correct technical and designated. lands’’ in section 103 of the Federal Land clerical errors in the legal descriptions. (d) EFFECT.— Policy and Management Act of 1976 (43 (iii) EFFECT.—Effective beginning on the (1) IN GENERAL.—Nothing in this subtitle U.S.C. 1702). date of publication of the legal descriptions enhances, diminishes, or modifies any law or (3) SECRETARY.—The term ‘‘Secretary’’ under clause (i), the legal descriptions shall proclamation (including regulations relating means the Secretary of the Interior. be considered to be the official legal descrip- to the law or proclamation) under which the SEC. 2103. ESTABLISHMENT. tions of Parcel A. components of the system described in sub- (a) IN GENERAL.—In order to conserve, pro- (3) EFFECT.—Nothing in this section— section (b) were established or are managed, tect, and enhance the unique and nationally (A) affects any valid right in existence on including— important paleontological, scientific, edu- the date of enactment of this Act; (A) the Alaska National Interest Lands cational, scenic, and recreational resources (B) enlarges, impairs, or otherwise affects Conservation Act (16 U.S.C. 3101 et seq.); and values of the public land described in any right or claim of the Tribe to any land (B) the Wilderness Act (16 U.S.C. 1131 et subsection (b), there is established the Pre- or interest in land other than to Parcel A seq.); historic Trackways National Monument in that is— (C) the Wild and Scenic Rivers Act (16 the State of New Mexico. (i) based on an aboriginal or Indian title; U.S.C. 1271 et seq.); (b) DESCRIPTION OF LAND.—The Monument and (D) the National Trails System Act (16 shall consist of approximately 5,280 acres of (ii) in existence as of the date of enactment U.S.C. 1241 et seq.); and public land in Don˜ a Ana County, New Mex- of this Act; or (E) the Federal Land Policy and Manage- ico, as generally depicted on the map enti- (C) constitutes an express or implied res- ment Act of 1976 (43 U.S.C. 1701 et seq.). tled ‘‘Prehistoric Trackways National Monu- ervation of water or a water right with re- (2) FISH AND WILDLIFE.—Nothing in this ment’’ and dated December 17, 2008. spect to Parcel A. subtitle shall be construed as affecting the (c) MAP; LEGAL DESCRIPTION.— (4) LAND TO BE MADE A PART OF THE RES- authority, jurisdiction, or responsibility of (1) IN GENERAL.—As soon as practicable ERVATION.—Land taken into trust pursuant the several States to manage, control, or after the date of enactment of this Act, the to this section shall be considered to be part regulate fish and resident wildlife under Secretary shall prepare and submit to Con- of the reservation of the Tribe. State law or regulations, including the regu- gress an official map and legal description of SEC. 1983. AUTHORIZATION OF APPROPRIATIONS. lation of hunting, fishing, trapping and rec- the Monument. There are authorized to be appropriated reational shooting on public land managed (2) CORRECTIONS.—The map and legal de- such sums as are necessary to carry out this by the Bureau of Land Management. Nothing scription submitted under paragraph (1) shall subtitle. in this subtitle shall be construed as limiting have the same force and effect as if included

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in this subtitle, except that the Secretary (2) CONFLICT OF LAWS.—If there is a conflict (2) EFFECT.—The map and legal description may correct any clerical or typographical er- between the laws applicable to the areas de- of the Conservation Area shall have the same rors in the legal description and the map. scribed in paragraph (1) and this subtitle, the force and effect as if included in this sub- (3) CONFLICT BETWEEN MAP AND LEGAL DE- more restrictive provision shall control. title, except that the Secretary may correct SCRIPTION.—In the case of a conflict between (f) MOTORIZED VEHICLES.— any minor errors in the map and legal de- the map and the legal description, the map (1) IN GENERAL.—Except as needed for ad- scription. shall control. ministrative purposes or to respond to an (3) PUBLIC AVAILABILITY.—The map and (4) AVAILABILITY OF MAP AND LEGAL DE- emergency, the use of motorized vehicles in legal description of the Conservation Area SCRIPTION.—Copies of the map and legal de- the Monument shall be allowed only on roads shall be available for public inspection in the scription shall be on file and available for and trails designated for use by motorized appropriate offices of the Bureau of Land public inspection in the appropriate offices vehicles under the management plan pre- Management. of the Bureau of Land Management. pared under subsection (b). SEC. 2203. MANAGEMENT OF THE CONSERVATION (d) MINOR BOUNDARY ADJUSTMENTS.—If ad- (2) PERMITTED EVENTS.—The Secretary AREA. ditional paleontological resources are dis- may issue permits for special recreation (a) MANAGEMENT.— covered on public land adjacent to the Monu- events involving motorized vehicles within (1) IN GENERAL.—The Secretary shall man- ment after the date of enactment of this Act, the boundaries of the Monument— age the Conservation Area— the Secretary may make minor boundary ad- (A) to the extent the events do not harm (A) in a manner that conserves, protects, justments to the Monument to include the paleontological resources; and and enhances the resources and values of the resources in the Monument. (B) subject to any terms and conditions Conservation Area, including the resources SEC. 2104. ADMINISTRATION. that the Secretary determines to be nec- and values described in section 2202(a); and (a) MANAGEMENT.— essary. (B) in accordance with— (1) IN GENERAL.—The Secretary shall man- (g) WITHDRAWALS.—Subject to valid exist- (i) this subtitle; age the Monument— ing rights, any Federal land within the (ii) the Federal Land Policy and Manage- (A) in a manner that conserves, protects, Monument and any land or interest in land ment Act of 1976 (43 U.S.C. 1701 et seq.); and and enhances the resources and values of the that is acquired by the United States for in- (iii) any other applicable laws. Monument, including the resources and val- clusion in the Monument after the date of (2) USES.—The Secretary shall only allow ues described in section 2103(a); and enactment of this Act are withdrawn from— uses of the Conservation Area that are con- (B) in accordance with— (1) entry, appropriation, or disposal under sistent with the protection of the cave re- (i) this subtitle; the public land laws; sources. (ii) the Federal Land Policy and Manage- (2) location, entry, and patent under the (3) REQUIREMENTS.—In administering the ment Act of 1976 (43 U.S.C. 1701 et seq.); and mining laws; and Conservation Area, the Secretary shall pro- (iii) other applicable laws. (3) operation of the mineral leasing laws, vide for— (2) NATIONAL LANDSCAPE CONSERVATION SYS- geothermal leasing laws, and minerals mate- (A) the conservation and protection of the TEM.—The Monument shall be managed as a rials laws. natural and unique features and environs for component of the National Landscape Con- (h) GRAZING.—The Secretary may allow scientific, educational, and other appro- servation System. grazing to continue in any area of the Monu- priate public uses of the Conservation Area; (b) MANAGEMENT PLAN.— ment in which grazing is allowed before the (B) public access, as appropriate, while pro- (1) IN GENERAL.—Not later than 3 years date of enactment of this Act, subject to ap- viding for the protection of the cave re- after the date of enactment of this Act, the plicable laws (including regulations). sources and for public safety; Secretary shall develop a comprehensive (i) WATER RIGHTS.—Nothing in this sub- (C) the continuation of other existing uses management plan for the long-term protec- title constitutes an express or implied res- or other new uses of the Conservation Area tion and management of the Monument. ervation by the United States of any water that do not impair the purposes for which (2) COMPONENTS.—The management plan or water rights with respect to the Monu- the Conservation Area is established; under paragraph (1)— ment. (D) management of the surface area of the (A) shall— SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. Conservation Area in accordance with the (i) describe the appropriate uses and man- There are authorized to be appropriated Fort Stanton Area of Critical Environmental agement of the Monument, consistent with such sums as are necessary to carry out this Concern Final Activity Plan dated March, the provisions of this subtitle; and subtitle. 2001, or any amendments to the plan, con- (ii) allow for continued scientific research Subtitle C—Fort Stanton-Snowy River Cave sistent with this subtitle; and at the Monument during the development of National Conservation Area (E) scientific investigation and research the management plan; and SEC. 2201. DEFINITIONS. opportunities within the Conservation Area, (B) may— In this subtitle: including through partnerships with col- (i) incorporate any appropriate decisions (1) CONSERVATION AREA.—The term ‘‘Con- leges, universities, schools, scientific insti- contained in any current management or ac- servation Area’’ means the Fort Stanton- tutions, researchers, and scientists to con- tivity plan for the land described in section Snowy River Cave National Conservation duct research and provide educational and 2103(b); and Area established by section 2202(a). interpretive services within the Conserva- (ii) use information developed in studies of (2) MANAGEMENT PLAN.—The term ‘‘man- tion Area. any land within or adjacent to the Monu- agement plan’’ means the management plan (b) WITHDRAWALS.—Subject to valid exist- ment that were conducted before the date of developed for the Conservation Area under ing rights, all Federal surface and subsurface enactment of this Act. section 2203(c). land within the Conservation Area and all (c) AUTHORIZED USES.—The Secretary shall (3) SECRETARY.—The term ‘‘Secretary’’ land and interests in the land that are ac- only allow uses of the Monument that the means the Secretary of the Interior, acting quired by the United States after the date of Secretary determines would further the pur- through the Director of the Bureau of Land enactment of this Act for inclusion in the Conservation Area, are withdrawn from— poses for which the Monument has been es- Management. (1) all forms of entry, appropriation, or dis- tablished. SEC. 2202. ESTABLISHMENT OF THE FORT STAN- (d) INTERPRETATION, EDUCATION, AND SCI- TON-SNOWY RIVER CAVE NATIONAL posal under the general land laws; ENTIFIC RESEARCH.— CONSERVATION AREA. (2) location, entry, and patent under the (1) IN GENERAL.—The Secretary shall pro- (a) ESTABLISHMENT; PURPOSES.—There is mining laws; and vide for public interpretation of, and edu- established the Fort Stanton-Snowy River (3) operation under the mineral leasing and cation and scientific research on, the paleon- Cave National Conservation Area in Lincoln geothermal leasing laws. tological resources of the Monument, with County, New Mexico, to protect, conserve, (c) MANAGEMENT PLAN.— priority given to exhibiting and curating the and enhance the unique and nationally im- (1) IN GENERAL.—Not later than 2 years resources in Don˜ a Ana County, New Mexico. portant historic, cultural, scientific, archae- after the date of enactment of this Act, the (2) COOPERATIVE AGREEMENTS.—The Sec- ological, natural, and educational subterra- Secretary shall develop a comprehensive retary may enter into cooperative agree- nean cave resources of the Fort Stanton- plan for the long-term management of the ments with appropriate public entities to Snowy River cave system. Conservation Area. carry out paragraph (1). (b) AREA INCLUDED.—The Conservation (2) PURPOSES.—The management plan (e) SPECIAL MANAGEMENT AREAS.— Area shall include the area within the shall— (1) IN GENERAL.—The establishment of the boundaries depicted on the map entitled (A) describe the appropriate uses and man- Monument shall not change the management ‘‘Fort Stanton-Snowy River Cave National agement of the Conservation Area; status of any area within the boundary of Conservation Area’’ and dated December 15, (B) incorporate, as appropriate, decisions the Monument that is— 2008. contained in any other management or ac- (A) designated as a wilderness study area (c) MAP AND LEGAL DESCRIPTION.— tivity plan for the land within or adjacent to and managed in accordance with section (1) IN GENERAL.—As soon as practicable the Conservation Area; 603(c) of the Federal Land Policy and Man- after the date of enactment of this Act, the (C) take into consideration any informa- agement Act of 1976 (43 U.S.C. 1782(c)); or Secretary shall submit to Congress a map tion developed in studies of the land and re- (B) managed as an area of critical environ- and legal description of the Conservation sources within or adjacent to the Conserva- ment concern. Area. tion Area; and

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(D) provide for a cooperative agreement (1) IN GENERAL.—There is established the SEC. 2404. MAPS AND LEGAL DESCRIPTIONS. with Lincoln County, New Mexico, to address Dominguez-Escalante National Conservation (a) IN GENERAL.—As soon as practicable the historical involvement of the local com- Area in the State. after the date of enactment of this Act, the munity in the interpretation and protection (2) AREA INCLUDED.—The Conservation Secretary shall file a map and a legal de- of the resources of the Conservation Area. Area shall consist of approximately 209,610 scription of the Conservation Area and the (d) RESEARCH AND INTERPRETIVE FACILI- acres of public land, as generally depicted on Wilderness with— TIES.— the Map. (1) the Committee on Energy and Natural (1) IN GENERAL.—The Secretary may estab- (b) PURPOSES.—The purposes of the Con- Resources of the Senate; and lish facilities for— servation Area are to conserve and protect (2) the Committee on Natural Resources of (A) the conduct of scientific research; and for the benefit and enjoyment of present and the House of Representatives. (B) the interpretation of the historical, future generations— (b) FORCE AND EFFECT.—The Map and legal cultural, scientific, archaeological, natural, (1) the unique and important resources and descriptions filed under subsection (a) shall and educational resources of the Conserva- values of the land, including the geological, have the same force and effect as if included tion Area. cultural, archaeological, paleontological, in this subtitle, except that the Secretary (2) COOPERATIVE AGREEMENTS.—The Sec- natural, scientific, recreational, wilderness, may correct clerical and typographical er- retary may, in a manner consistent with this wildlife, riparian, historical, educational, rors in the Map and legal descriptions. subtitle, enter into cooperative agreements and scenic resources of the public land; and (c) PUBLIC AVAILABILITY.—The Map and with the State of New Mexico and other in- (2) the water resources of area streams, legal descriptions filed under subsection (a) stitutions and organizations to carry out the based on seasonally available flows, that are shall be available for public inspection in the purposes of this subtitle. necessary to support aquatic, riparian, and appropriate offices of the Bureau of Land (e) WATER RIGHTS.—Nothing in this sub- terrestrial species and communities. Management. title constitutes an express or implied res- (c) MANAGEMENT.— SEC. 2405. MANAGEMENT OF CONSERVATION ervation of any water right. AREA AND WILDERNESS. (1) IN GENERAL.—The Secretary shall man- SEC. 2204. AUTHORIZATION OF APPROPRIATIONS. age the Conservation Area— (a) WITHDRAWAL.—Subject to valid existing There are authorized to be appropriated (A) as a component of the National Land- rights, all Federal land within the Conserva- such sums as are necessary to carry out this scape Conservation System; tion Area and the Wilderness and all land subtitle. (B) in a manner that conserves, protects, and interests in land acquired by the United Subtitle D—Snake River Birds of Prey and enhances the resources and values of the States within the Conservation Area or the National Conservation Area Conservation Area described in subsection Wilderness is withdrawn from— SEC. 2301. SNAKE RIVER BIRDS OF PREY NA- (b); and (1) all forms of entry, appropriation, or dis- TIONAL CONSERVATION AREA. (C) in accordance with— posal under the public land laws; (a) RENAMING.—Public Law 103–64 is (i) the Federal Land Policy and Manage- (2) location, entry, and patent under the amended— ment Act of 1976 (43 U.S.C. 1701 et seq.); mining laws; and (1) in section 2(2) (16 U.S.C. 460iii–1(2)), by (ii) this subtitle; and (3) operation of the mineral leasing, min- inserting ‘‘Morley Nelson’’ before ‘‘Snake (iii) any other applicable laws. eral materials, and geothermal leasing laws. River Birds of Prey National Conservation (b) GRAZING.— (2) USES.— Area’’; and (1) GRAZING IN CONSERVATION AREA.—Ex- (A) IN GENERAL.—The Secretary shall allow (2) in section 3(a)(1) (16 U.S.C. 460iii– cept as provided in paragraph (2), the Sec- only such uses of the Conservation Area as 2(a)(1)), by inserting ‘‘Morley Nelson’’ before retary shall issue and administer any graz- the Secretary determines would further the ‘‘Snake River Birds of Prey National Con- ing leases or permits in the Conservation purposes for which the Conservation Area is servation Area’’. Area in accordance with the laws (including established. (b) REFERENCES.—Any reference in a law, regulations) applicable to the issuance and (B) USE OF MOTORIZED VEHICLES.— map, regulation, document, paper, or other administration of such leases and permits on (i) IN GENERAL.—Except as provided in record of the United States to the Snake other land under the jurisdiction of the Bu- clauses (ii) and (iii), use of motorized vehi- River Birds of Prey National Conservation reau of Land Management. cles in the Conservation Area shall be al- Area shall be deemed to be a reference to the (2) GRAZING IN WILDERNESS.—The grazing of lowed— Morley Nelson Snake River Birds of Prey Na- livestock in the Wilderness, if established as (I) before the effective date of the manage- tional Conservation Area. of the date of enactment of this Act, shall be ment plan, only on roads and trails des- (c) TECHNICAL CORRECTIONS.—Public Law permitted to continue— ignated for use of motor vehicles in the man- 103–64 is further amended— (A) subject to any reasonable regulations, agement plan that applies on the date of the (1) in section 3(a)(1) (16 U.S.C. 460iii– policies, and practices that the Secretary de- enactment of this Act to the public land in 2(a)(1)), by striking ‘‘(hereafter referred to as termines to be necessary; and the Conservation Area; and the ‘conservation area’)’’; and (B) in accordance with— (II) after the effective date of the manage- (2) in section 4 (16 U.S.C. 460iii–3)— (i) section 4(d)(4) of the Wilderness Act (16 ment plan, only on roads and trails des- (A) in subsection (a)(2), by striking ‘‘Con- U.S.C. 1133(d)(4)); and ignated in the management plan for the use servation Area’’ and inserting ‘‘conservation (ii) the guidelines set forth in Appendix A of motor vehicles. area’’; and of the report of the Committee on Interior (B) in subsection (d), by striking ‘‘Visitors (ii) ADMINISTRATIVE AND EMERGENCY RE- and Insular Affairs of the House of Rep- Center’’ and inserting ‘‘visitors center’’. SPONSE USE.—Clause (i) shall not limit the resentatives accompanying H.R. 2570 of the use of motor vehicles in the Conservation Subtitle E—Dominguez-Escalante National 101st Congress (H. Rept. 101–405). Area for administrative purposes or to re- Conservation Area (c) NO BUFFER ZONES.— spond to an emergency. SEC. 2401. DEFINITIONS. (1) IN GENERAL.—Nothing in this subtitle In this subtitle: (iii) LIMITATION.—This subparagraph shall creates a protective perimeter or buffer zone (1) CONSERVATION AREA.—The term ‘‘Con- not apply to the Wilderness. around the Conservation Area. servation Area’’ means the Dominguez- SEC. 2403. DOMINGUEZ CANYON WILDERNESS (2) ACTIVITIES OUTSIDE CONSERVATION Escalante National Conservation Area estab- AREA. AREA.—The fact that an activity or use on lished by section 2402(a)(1). (a) IN GENERAL.—In accordance with the land outside the Conservation Area can be (2) COUNCIL.—The term ‘‘Council’’ means Wilderness Act (16 U.S.C. 1131 et seq.), the seen or heard within the Conservation Area the Dominguez-Escalante National Con- approximately 66,280 acres of public land in shall not preclude the activity or use outside servation Area Advisory Council established Mesa, Montrose, and Delta Counties, Colo- the boundary of the Conservation Area. under section 2407. rado, as generally depicted on the Map, is (d) ACQUISITION OF LAND.— (3) MANAGEMENT PLAN.—The term ‘‘man- designated as wilderness and as a component (1) IN GENERAL.—The Secretary may ac- agement plan’’ means the management plan of the National Wilderness Preservation Sys- quire non-Federal land within the boundaries developed under section 2406. tem, to be known as the ‘‘Dominguez Canyon of the Conservation Area or the Wilderness (4) MAP.—The term ‘‘Map’’ means the map Wilderness Area’’. only through exchange, donation, or pur- entitled ‘‘Dominguez-Escalante National (b) ADMINISTRATION OF WILDERNESS.—The chase from a willing seller. Conservation Area’’ and dated September 15, Wilderness shall be managed by the Sec- (2) MANAGEMENT.—Land acquired under 2008. retary in accordance with the Wilderness Act paragraph (1) shall— (5) SECRETARY.—The term ‘‘Secretary’’ (16 U.S.C. 1131 et seq.) and this subtitle, ex- (A) become part of the Conservation Area means the Secretary of the Interior. cept that— and, if applicable, the Wilderness; and (6) STATE.—The term ‘‘State’’ means the (1) any reference in the Wilderness Act to (B) be managed in accordance with this State of Colorado. the effective date of that Act shall be consid- subtitle and any other applicable laws. (7) WILDERNESS.—The term ‘‘Wilderness’’ ered to be a reference to the date of enact- (e) FIRE, INSECTS, AND DISEASES.—Subject means the Dominguez Canyon Wilderness ment of this Act; and to such terms and conditions as the Sec- Area designated by section 2403(a). (2) any reference in the Wilderness Act to retary determines to be desirable and appro- SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL the Secretary of Agriculture shall be consid- priate, the Secretary may undertake such CONSERVATION AREA. ered to be a reference to the Secretary of the measures as are necessary to control fire, in- (a) ESTABLISHMENT.— Interior. sects, and diseases—

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MANAGEMENT PLAN. to provide private landowners adequate ac- ness in accordance with this paragraph. (a) IN GENERAL.—Not later than 3 years cess to inholdings in the Conservation Area. (F) INSUFFICIENT WATER RIGHTS.—If the after the date of enactment of this Act, the (g) INVASIVE SPECIES AND NOXIOUS Colorado Water Conservation Board modifies Secretary shall develop a comprehensive WEEDS.—In accordance with any applicable the instream flow water rights obtained management plan for the long-term protec- laws and subject to such terms and condi- under subparagraph (E) to such a degree that tion and management of the Conservation tions as the Secretary determines to be de- the Secretary determines that water rights Area. sirable and appropriate, the Secretary may held by the State are insufficient to fulfill (b) PURPOSES.—The management plan prescribe measures to control nonnative the purposes of the Wilderness, the Secretary shall— invasive plants and noxious weeds within the shall adjudicate and exercise Federal water (1) describe the appropriate uses and man- Conservation Area. rights required to fulfill the purposes of the agement of the Conservation Area; (h) WATER RIGHTS.— Wilderness in accordance with subparagraph (2) be developed with extensive public (1) EFFECT.—Nothing in this subtitle— (B). input; (A) affects the use or allocation, in exist- (G) FAILURE TO COMPLY.—The Secretary (3) take into consideration any informa- ence on the date of enactment of this Act, of shall promptly act to exercise and enforce tion developed in studies of the land within any water, water right, or interest in water; the water rights described in subparagraph the Conservation Area; and (B) affects any vested absolute or decreed (E) if the Secretary determines that— (4) include a comprehensive travel manage- conditional water right in existence on the (i) the State is not exercising its water ment plan. rights consistent with subparagraph (E)(i)(I); date of enactment of this Act, including any SEC. 2407. ADVISORY COUNCIL. or water right held by the United States; (a) ESTABLISHMENT.—Not later than 180 (ii) the agreement described in subpara- (C) affects any interstate water compact in days after the date of enactment of this Act, graph (E)(i)(II) is not fulfilled or complied existence on the date of enactment of this the Secretary shall establish an advisory with sufficiently to fulfill the purposes of the Act; council, to be known as the ‘‘Dominguez- Wilderness. (D) authorizes or imposes any new reserved Escalante National Conservation Area Advi- (3) WATER RESOURCE FACILITY.— Federal water rights; or sory Council’’. (A) IN GENERAL.—Notwithstanding any (E) shall be considered to be a relinquish- (b) DUTIES.—The Council shall advise the other provision of law and subject to sub- ment or reduction of any water rights re- Secretary with respect to the preparation paragraph (B), beginning on the date of en- served or appropriated by the United States and implementation of the management actment of this Act, neither the President in the State on or before the date of enact- plan. nor any other officer, employee, or agent of ment of this Act. (c) APPLICABLE LAW.—The Council shall be the United States shall fund, assist, author- (2) WILDERNESS WATER RIGHTS.— subject to— ize, or issue a license or permit for the devel- (A) IN GENERAL.—The Secretary shall en- (1) the Federal Advisory Committee Act (5 opment of any new irrigation and pumping sure that any water rights within the Wil- U.S.C. App.); and facility, reservoir, water conservation work, derness required to fulfill the purposes of the (2) the Federal Land Policy and Manage- aqueduct, canal, ditch, pipeline, well, hydro- Wilderness are secured in accordance with ment Act of 1976 (43 U.S.C. 1701 et seq.). power project, transmission, other ancillary subparagraphs (B) through (G). (d) MEMBERS.—The Council shall include 10 facility, or other water, diversion, storage, (B) STATE LAW.— members to be appointed by the Secretary, or carriage structure in the Wilderness. (i) PROCEDURAL REQUIREMENTS.—Any water of whom, to the extent practicable— (B) EXCEPTION.—Notwithstanding subpara- rights within the Wilderness for which the (1) 1 member shall be appointed after con- graph (A), the Secretary may allow construc- Secretary pursues adjudication shall be adju- sidering the recommendations of the Mesa tion of new livestock watering facilities dicated, changed, and administered in ac- County Commission; within the Wilderness in accordance with— cordance with the procedural requirements (2) 1 member shall be appointed after con- (i) section 4(d)(4) of the Wilderness Act (16 and priority system of State law. sidering the recommendations of the U.S.C. 1133(d)(4)); and (ii) ESTABLISHMENT OF WATER RIGHTS.— Montrose County Commission; (ii) the guidelines set forth in Appendix A (I) IN GENERAL.—Except as provided in sub- (3) 1 member shall be appointed after con- of the report of the Committee on Interior clause (II), the purposes and other sub- sidering the recommendations of the Delta and Insular Affairs of the House of Rep- stantive characteristics of the water rights County Commission; resentatives accompanying H.R. 2570 of the pursued under this paragraph shall be estab- (4) 1 member shall be appointed after con- 101st Congress (H. Rept. 101–405). lished in accordance with State law. sidering the recommendations of the permit- (4) CONSERVATION AREA WATER RIGHTS.— (II) EXCEPTION.—Notwithstanding sub- tees holding grazing allotments within the With respect to water within the Conserva- clause (I) and in accordance with this sub- Conservation Area or the Wilderness; and tion Area, nothing in this subtitle— title, the Secretary may appropriate and (5) 5 members shall reside in, or within rea- (A) authorizes any Federal agency to ap- seek adjudication of water rights to main- sonable proximity to, Mesa County, Delta propriate or otherwise acquire any water tain surface water levels and stream flows on County, or Montrose County, Colorado, with right on the mainstem of the Gunnison and across the Wilderness to fulfill the pur- backgrounds that reflect— River; or poses of the Wilderness. (A) the purposes for which the Conserva- (B) prevents the State from appropriating (C) DEADLINE.—The Secretary shall tion Area or Wilderness was established; and or acquiring, or requires the State to appro- promptly, but not earlier than January 2009, (B) the interests of the stakeholders that priate or acquire, an instream flow water appropriate the water rights required to ful- are affected by the planning and manage- right on the mainstem of the Gunnison fill the purposes of the Wilderness. ment of the Conservation Area and Wilder- River. (D) REQUIRED DETERMINATION.—The Sec- ness. (5) WILDERNESS BOUNDARIES ALONG GUNNI- retary shall not pursue adjudication for any (e) REPRESENTATION.—The Secretary shall SON RIVER.— instream flow water rights unless the Sec- ensure that the membership of the Council is (A) IN GENERAL.—In areas in which the retary makes a determination pursuant to fairly balanced in terms of the points of view Gunnison River is used as a reference for de- subparagraph (E)(ii) or (F). represented and the functions to be per- fining the boundary of the Wilderness, the (E) COOPERATIVE ENFORCEMENT.— formed by the Council. boundary shall— (i) IN GENERAL.—The Secretary shall not (f) DURATION.—The Council shall terminate (i) be located at the edge of the river; and pursue adjudication of any Federal instream on the date that is 1 year from the date on (ii) change according to the river level. flow water rights established under this which the management plan is adopted by (B) EXCLUSION FROM WILDERNESS.—Regard- paragraph if— the Secretary. (I) the Secretary determines, upon adju- less of the level of the Gunnison River, no SEC. 2408. AUTHORIZATION OF APPROPRIATIONS. dication of the water rights by the Colorado portion of the Gunnison River is included in There are authorized to be appropriated Water Conservation Board, that the Board the Wilderness. such sums as are necessary to carry out this holds water rights sufficient in priority, (i) EFFECT.—Nothing in this subtitle— subtitle. amount, and timing to fulfill the purposes of (1) diminishes the jurisdiction of the State the Wilderness; and with respect to fish and wildlife in the State; Subtitle F—Rio Puerco Watershed (II) the Secretary has entered into a per- or Management Program petual agreement with the Colorado Water (2) imposes any Federal water quality SEC. 2501. RIO PUERCO WATERSHED MANAGE- Conservation Board to ensure the full exer- standard upstream of the Conservation Area MENT PROGRAM. cise, protection, and enforcement of the or within the mainstem of the Gunnison (a) RIO PUERCO MANAGEMENT COMMITTEE.— State water rights within the Wilderness to River that is more restrictive than would be Section 401(b) of the Omnibus Parks and

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Public Lands Management Act of 1996 (Pub- (iii) the approximately 1,848 acres of Bu- (i) RELEASE.—The reversionary interest de- lic Law 104–333; 110 Stat. 4147) is amended— reau of Land Management land identified on scribed in paragraph (2)(B)(iv) shall termi- (1) in paragraph (2)— the Map as ‘‘To Carson City for Parks and nate on the date of enactment of this Act. (A) by redesignating subparagraphs (I) Public Purposes’’; and (ii) CONVEYANCE BY CITY.— through (N) as subparagraphs (J) through (iv) the approximately 75 acres of City land (I) IN GENERAL.—If the City sells, leases, or (O), respectively; and in which the Bureau of Land Management otherwise conveys any portion of the land (B) by inserting after subparagraph (H) the has a reversionary interest that is identified described in paragraph (2)(B)(iv), the sale, following: on the Map as ‘‘Reversionary Interest of the lease, or conveyance of land shall be— ‘‘(I) the Environmental Protection Agen- United States Released’’. (aa) through a competitive bidding process; cy;’’; and (3) CONDITIONS.— and (2) in paragraph (4), by striking ‘‘enact- (A) CONSIDERATION.—Before the convey- (bb) except as provided in subclause (II), ment of this Act’’ and inserting ‘‘enactment ance of the 62-acre Bernhard parcel to the for not less than fair market value. of the Omnibus Public Land Management City, the City shall deposit in the special ac- (II) CONVEYANCE TO GOVERNMENT OR NON- Act of 2009’’. count established by subsection (e)(2)(A) an PROFIT.—A sale, lease, or conveyance of land (b) AUTHORIZATION OF APPROPRIATIONS.— amount equal to 25 percent of the difference described in paragraph (2)(B)(iv) to the Fed- Section 401(e) of the Omnibus Parks and between— eral Government, a State government, a unit Public Lands Management Act of 1996 (Pub- (i) the amount for which the Bernhard par- of local government, or a nonprofit organiza- lic Law 104–333; 110 Stat. 4148) is amended by cel was purchased by the City on July 18, tion shall be for consideration in an amount equal to the price established by the Sec- striking ‘‘enactment of this Act’’ and insert- 2001; and retary of the Interior under section 2741 of ing ‘‘enactment of the Omnibus Public Land (ii) the amount for which the Bernhard title 43, Code of Federal Regulation (or suc- Management Act of 2009’’. parcel was purchased by the Secretary on cessor regulations). Subtitle G—Land Conveyances and March 24, 2006. (III) DISPOSITION OF PROCEEDS.—The gross Exchanges (B) CONSERVATION EASEMENT.—As a condi- proceeds from the sale, lease, or conveyance tion of the conveyance of the land described SEC. 2601. CARSON CITY, NEVADA, LAND CONVEY- of land under subclause (I) shall be distrib- ANCES. in paragraph (2)(B)(ii), the Secretary, in con- uted in accordance with subsection (e)(1). (a) DEFINITIONS.—In this section: sultation with Carson City and affected local (5) REVERSION.—If land conveyed under (1) CITY.—The term ‘‘City’’ means Carson interests, shall reserve a perpetual conserva- paragraph (1) is used in a manner that is in- City Consolidated Municipality, Nevada. tion easement to the land to protect, pre- consistent with the uses described in sub- (2) MAP.—The term ‘‘Map’’ means the map serve, and enhance the conservation values paragraph (A), (B), (C), or (D) of paragraph entitled ‘‘Carson City, Nevada Area’’, dated of the land, consistent with paragraph (4)(B). (4), the land shall, at the discretion of the November 7, 2008, and on file and available (C) COSTS.—Any costs relating to the con- Secretary, revert to the United States. for public inspection in the appropriate of- veyance under paragraph (1), including any (6) MISCELLANEOUS PROVISIONS.— fices of— costs for surveys and other administrative (A) IN GENERAL.—On conveyance of the (A) the Bureau of Land Management; costs, shall be paid by the recipient of the non-Federal land under paragraph (1) to the (B) the Forest Service; and land being conveyed. Secretary of Agriculture, the non-Federal (C) the City. (4) USE OF LAND.— land shall— (3) SECRETARY.—The term ‘‘Secretary’’ (A) NATURAL AREAS.— (i) become part of the Humboldt-Toiyabe means— (i) IN GENERAL.—Except as provided in National Forest; and (A) with respect to land in the National clause (ii), the land described in paragraph (ii) be administered in accordance with the Forest System, the Secretary of Agriculture, (2)(B)(i) shall be managed by the City to laws (including the regulations) and rules acting through the Chief of the Forest Serv- maintain undeveloped open space and to pre- generally applicable to the National Forest ice; and serve the natural characteristics of the land System. (B) with respect to other Federal land, the in perpetuity. (B) MANAGEMENT PLAN.—The Secretary of Secretary of the Interior. (ii) EXCEPTION.—Notwithstanding clause Agriculture, in consultation with the City (4) SECRETARIES.—The term ‘‘Secretaries’’ (i), the City may— and other interested parties, may develop means the Secretary of Agriculture and the (I) conduct projects on the land to reduce and implement a management plan for Na- Secretary of the Interior, acting jointly. fuels; tional Forest System land that ensures the (5) TRIBE.—The term ‘‘Tribe’’ means the (II) construct and maintain trails, trail- protection and stabilization of the National Washoe Tribe of Nevada and California, head facilities, and any infrastructure on the Forest System land to minimize the impacts which is a federally recognized Indian tribe. land that is required for municipal water and of flooding on the City. (b) CONVEYANCES OF FEDERAL LAND AND flood management activities; and (7) CONVEYANCE TO BUREAU OF LAND MAN- CITY LAND.— (III) maintain or reconstruct any improve- AGEMENT.— (1) IN GENERAL.—Notwithstanding section ments on the land that are in existence on (A) IN GENERAL.—If the City offers to con- 202 of the Federal Land Policy and Manage- the date of enactment of this Act. vey to the United States title to the non- ment Act of 1976 (43 U.S.C. 1712), if the City (B) SILVER SADDLE RANCH AND CARSON Federal land described in subparagraph (B) offers to convey to the United States title to RIVER AREA.— that is acceptable to the Secretary of the In- the non-Federal land described in paragraph (i) IN GENERAL.—Except as provided in terior, the land shall, at the discretion of the (2)(A) that is acceptable to the Secretary of clause (ii), the land described in paragraph Secretary, be conveyed to the United States. Agriculture— (2)(B)(ii) shall— (B) DESCRIPTION OF LAND.—The non-Fed- (A) the Secretary shall accept the offer; (I) be managed by the City to protect and eral land referred to in subparagraph (A) is and enhance the Carson River, the floodplain and the approximately 46 acres of land adminis- (B) not later than 180 days after the date surrounding upland, and important wildlife tered by the City and identified on the Map on which the Secretary receives acceptable habitat; and as ‘‘To Bureau of Land Management’’. title to the non-Federal land described in (II) be used for undeveloped open space, (C) COSTS.—Any costs relating to the con- paragraph (2)(A), the Secretaries shall con- passive recreation, customary agricultural veyance under subparagraph (A), including vey to the City, subject to valid existing practices, and wildlife protection. any costs for surveys and other administra- rights and for no consideration, except as (ii) EXCEPTION.—Notwithstanding clause tive costs, shall be paid by the Secretary of provided in paragraph (3)(A), all right, title, (i), the City may— the Interior. and interest of the United States in and to (I) construct and maintain trails and trail- (c) TRANSFER OF ADMINISTRATIVE JURISDIC- the Federal land (other than any easement head facilities on the land; TION FROM THE FOREST SERVICE TO THE BU- reserved under paragraph (3)(B)) or interest (II) conduct projects on the land to reduce REAU OF LAND MANAGEMENT.— in land described in paragraph (2)(B). fuels; (1) IN GENERAL.—Administrative jurisdic- (2) DESCRIPTION OF LAND.— (III) maintain or reconstruct any improve- tion over the approximately 50 acres of For- (A) NON-FEDERAL LAND.—The non-Federal ments on the land that are in existence on est Service land identified on the Map as land referred to in paragraph (1) is the ap- the date of enactment of this Act; and ‘‘Parcel #1’’ is transferred, from the Sec- proximately 2,264 acres of land administered (IV) allow the use of motorized vehicles on retary of Agriculture to the Secretary of the by the City and identified on the Map as ‘‘To designated roads, trails, and areas in the Interior. U.S. Forest Service’’. south end of Prison Hill. (2) COSTS.—Any costs relating to the trans- (B) FEDERAL LAND.—The Federal land re- (C) PARKS AND PUBLIC PURPOSES.—The land fer under paragraph (1), including any costs ferred to in paragraph (1)(B) is— described in paragraph (2)(B)(iii) shall be for surveys and other administrative costs, (i) the approximately 935 acres of Forest managed by the City for— shall be paid by the Secretary of the Inte- Service land identified on the Map as ‘‘To (i) undeveloped open space; and rior. Carson City for Natural Areas’’; (ii) recreation or other public purposes (3) USE OF LAND.— (ii) the approximately 3,604 acres of Bureau consistent with the Act of June 14, 1926 (com- (A) RIGHT-OF-WAY.—Not later than 120 days of Land Management land identified on the monly known as the ‘‘Recreation and Public after the date of enactment of this Act, the Map as ‘‘Silver Saddle Ranch and Carson Purposes Act’’) (43 U.S.C. 869 et seq.). Secretary of the Interior shall grant to the River Area’’; (D) REVERSIONARY INTEREST.— City a right-of-way for the maintenance of

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Secretary until expended to— inserting ‘‘2015’’; and (B) DISPOSAL.—The land referred to in (i) reimburse costs incurred by the Bureau (4) by adding at the end the following: paragraph (1) shall be disposed of in accord- of Land Management for preparing for the ‘‘(5) LIMITATION FOR CARSON CITY.—Carson ance with subsection (d). sale of the Federal land described in sub- City shall be eligible to nominate for expend- (C) DISPOSITION OF PROCEEDS.—The gross section (d)(2), including the costs of— iture amounts to acquire land or an interest proceeds from the disposal of land under sub- (I) surveys and appraisals; and in land for parks or natural areas and for paragraph (B) shall be distributed in accord- (II) compliance with— conservation initiatives— ance with subsection (e)(1). (aa) the National Environmental Policy ‘‘(A) adjacent to the Carson River; or (d) DISPOSAL OF CARSON CITY LAND.— Act of 1969 (42 U.S.C. 4321 et seq.); and ‘‘(B) within the floodplain of the Carson (1) IN GENERAL.—Notwithstanding sections (bb) sections 202 and 203 of the Federal River.’’. 202 and 203 of the Federal Land Policy and Land Policy and Management Act of 1976 (43 (h) TRANSFER OF LAND TO BE HELD IN Management Act of 1976 (43 U.S.C. 1712, 1713), U.S.C. 1712, 1713); TRUST FOR WASHOE TRIBE.— the Secretary of the Interior shall, in accord- (ii) reimburse costs incurred by the Bureau (1) IN GENERAL.—Subject to valid existing ance with that Act, this subsection, and of Land Management and Forest Service for rights, all right, title, and interest of the other applicable law, and subject to valid ex- preparing for, and carrying out, the transfers United States in and to the land described in isting rights, conduct sales of the Federal of land to be held in trust by the United paragraph (2)— land described in paragraph (2) to qualified States under subsection (h)(1); and (A) shall be held in trust by the United bidders. (iii) acquire environmentally sensitive States for the benefit and use of the Tribe; (2) DESCRIPTION OF LAND.—The Federal land or an interest in environmentally sen- and land referred to in paragraph (1) is— sitive land in the City. (B) shall be part of the reservation of the (A) the approximately 108 acres of Bureau (2) SILVER SADDLE ENDOWMENT ACCOUNT.— Tribe. of Land Management land identified as STABLISHMENT (A) E .—There is established (2) DESCRIPTION OF LAND.—The land re- ‘‘Lands for Disposal’’ on the Map; and in the Treasury of the United States a spe- ferred to in paragraph (1) consists of approxi- (B) the approximately 50 acres of land iden- cial account, to be known as the ‘‘Silver Sad- mately 293 acres, which is identified on the tified as ‘‘Parcel #1’’ on the Map. dle Endowment Account’’, consisting of such Map as ‘‘To Washoe Tribe’’. (3) COMPLIANCE WITH LOCAL PLANNING AND amounts as are deposited under subsection (3) SURVEY.—Not later than 180 days after ZONING LAWS.—Before a sale of Federal land (b)(3)(A). the date of enactment of this Act, the Sec- under paragraph (1), the City shall submit to VAILABILITY OF AMOUNTS.—Amounts (B) A retary of Agriculture shall complete a sur- the Secretary a certification that qualified deposited in the account established by para- vey of the boundary lines to establish the bidders have agreed to comply with— graph (1) shall be available to the Secretary, boundaries of the land taken into trust (A) City zoning ordinances; and without further appropriation, for the over- under paragraph (1). (B) any master plan for the area approved sight and enforcement of the conservation (4) USE OF LAND.— by the City. easement established under subsection (A) GAMING.—Land taken into trust under (4) METHOD OF SALE; CONSIDERATION.—The (b)(3)(B). paragraph (1) shall not be eligible, or consid- sale of Federal land under paragraph (1) shall (f) URBAN INTERFACE.— ered to have been taken into trust, for class be— (1) IN GENERAL.—Except as otherwise pro- (A) consistent with subsections (d) and (f) vided in this section and subject to valid ex- II gaming or class III gaming (as those terms of section 203 of the Federal Land Policy and isting rights, the Federal land described in are defined in section 4 of the Indian Gaming Management Act of 1976 (43 U.S.C. 1713); paragraph (2) is permanently withdrawn Regulatory Act (25 U.S.C. 2703)). (B) unless otherwise determined by the from— (B) TRUST LAND FOR CEREMONIAL USE AND Secretary, through a competitive bidding (A) all forms of entry and appropriation CONSERVATION.—With respect to the use of process; and under the public land laws and mining laws; the land taken into trust under paragraph (1) ′ (C) for not less than fair market value. (B) location and patent under the mining that is above the 5,200 elevation contour, the (5) WITHDRAWAL.— laws; and Tribe— (A) IN GENERAL.—Subject to valid existing (C) operation of the mineral laws, geo- (i) shall limit the use of the land to— rights and except as provided in subpara- thermal leasing laws, and mineral material (I) traditional and customary uses; and graph (B), the Federal land described in para- laws. (II) stewardship conservation for the ben- graph (2) is withdrawn from— (2) DESCRIPTION OF LAND.—The land re- efit of the Tribe; and (i) all forms of entry and appropriation ferred to in paragraph (1) consists of approxi- (ii) shall not permit any— under the public land laws; mately 19,747 acres, which is identified on (I) permanent residential or recreational (ii) location, entry, and patent under the the Map as ‘‘Urban Interface Withdrawal’’. development on the land; or mining laws; and (3) INCORPORATION OF ACQUIRED LAND AND (II) commercial use of the land, including (iii) operation of the mineral leasing and INTERESTS.—Any land or interest in land commercial development or gaming. geothermal leasing laws. within the boundaries of the land described (C) TRUST LAND FOR COMMERCIAL AND RESI- (B) EXCEPTION.—Subparagraph (A)(i) shall in paragraph (2) that is acquired by the DENTIAL USE.—With respect to the use of the not apply to sales made consistent with this United States after the date of enactment of land taken into trust under paragraph (1), subsection. this Act shall be withdrawn in accordance the Tribe shall limit the use of the land ′ (6) DEADLINE FOR SALE.— with this subsection. below the 5,200 elevation to— (A) IN GENERAL.—Except as provided in (4) OFF-HIGHWAY VEHICLE MANAGEMENT.— (i) traditional and customary uses; subparagraph (B), not later than 1 year after Until the date on which the Secretary, in (ii) stewardship conservation for the ben- the date of enactment of this Act, if there is consultation with the State, the City, and efit of the Tribe; and a qualified bidder for the land described in any other interested persons, completes a (iii)(I) residential or recreational develop- subparagraphs (A) and (B) of paragraph (2), transportation plan for Federal land in the ment; or the Secretary of the Interior shall offer the City, the use of motorized and mechanical (II) commercial use. land for sale to the qualified bidder. vehicles on Federal land within the City (D) THINNING; LANDSCAPE RESTORATION.— (B) POSTPONEMENT; EXCLUSION FROM shall be limited to roads and trails in exist- With respect to the land taken into trust SALE.— ence on the date of enactment of this Act un- under paragraph (1), the Secretary of Agri- (i) REQUEST BY CARSON CITY FOR POSTPONE- less the use of the vehicles is needed— culture, in consultation and coordination MENT OR EXCLUSION.—At the request of the (A) for administrative purposes; or with the Tribe, may carry out any thinning City, the Secretary shall postpone or exclude (B) to respond to an emergency. and other landscape restoration activities on from the sale under subparagraph (A) all or (g) AVAILABILITY OF FUNDS.—Section 4(e) of the land that is beneficial to the Tribe and a portion of the land described in subpara- the Southern Nevada Public Land Manage- the Forest Service. graphs (A) and (B) of paragraph (2). ment Act of 1998 (Public Law 105–263; 112 (i) CORRECTION OF SKUNK HARBOR CONVEY- (ii) INDEFINITE POSTPONEMENT.—Unless spe- Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 ANCE.— cifically requested by the City, a postpone- Stat. 2414; 120 Stat. 3045) is amended— (1) PURPOSE.—The purpose of this sub- ment under clause (i) shall not be indefinite. (1) in paragraph (3)(A)(iv), by striking section is to amend Public Law 108–67 (117 (e) DISPOSITION OF PROCEEDS.— ‘‘Clark, Lincoln, and White Pine Counties Stat. 880) to make a technical correction re- (1) IN GENERAL.—Of the proceeds from the and Washoe County (subject to paragraph lating to the land conveyance authorized sale of land under subsections (b)(4)(D)(ii) 4))’’ and inserting ‘‘Clark, Lincoln, and under that Act. and (d)(1)— White Pine Counties and Washoe County (2) TECHNICAL CORRECTION.—Section 2 of (A) 5 percent shall be paid directly to the (subject to paragraph 4)) and Carson City Public Law 108–67 (117 Stat. 880) is amended— State for use in the general education pro- (subject to paragraph (5))’’; (A) by striking ‘‘Subject to’’ and inserting gram of the State; and (2) in paragraph (3)(A)(v), by striking the following: (B) the remainder shall be deposited in a ‘‘Clark, Lincoln, and White Pine Counties’’ ‘‘(a) IN GENERAL.—Subject to’’; special account in the Treasury of the and inserting ‘‘Clark, Lincoln, and White (B) in subsection (a) (as designated by United States, to be known as the ‘‘Carson Pine Counties and Carson City (subject to paragraph (1)), by striking ‘‘the parcel’’ and City Special Account’’, and shall be avail- paragraph (5))’’; all that follows through the period at the

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end and inserting the following: ‘‘and to ap- City, the Secretary shall, without consider- (2) CITY.—The term ‘‘City’’ means the city proximately 23 acres of land identified as ation and subject to all valid existing rights, of Las Vegas, Nevada. ‘Parcel A’ on the map entitled ‘Skunk Har- convey to the City all right, title, and inter- (3) INSTITUTE.—The term ‘‘Institute’’ bor Conveyance Correction’ and dated Sep- est of the United States in and to the Transi- means the Nevada Cancer Institute, a non- tember 12, 2008, the western boundary of tion Area. profit organization described under section which is the low water line of Lake Tahoe at (2) USE OF LAND FOR NONRESIDENTIAL DE- 501(c)(3) of the Internal Revenue Code of 1986, elevation 6,223.0′ (Lake Tahoe Datum).’’; and VELOPMENT.— the principal place of business of which is at (C) by adding at the end the following: (A) IN GENERAL.—After the conveyance to 10441 West Twain Avenue, Las Vegas, Ne- ‘‘(b) SURVEY AND LEGAL DESCRIPTION.— the City under paragraph (1), the City may vada. ‘‘(1) IN GENERAL.—Not later than 180 days sell, lease, or otherwise convey any portion (4) MAP.—The term ‘‘map’’ means the map after the date of enactment of this sub- or portions of the Transition Area for pur- titled ‘‘Nevada Cancer Institute Expansion section, the Secretary of Agriculture shall poses of nonresidential development. Act’’ and dated July 17, 2006. complete a survey and legal description of (B) METHOD OF SALE.— (5) SECRETARY.—The term ‘‘Secretary’’ the boundary lines to establish the bound- (i) IN GENERAL.—The sale, lease, or convey- means the Secretary of the Interior, acting aries of the trust land. ance of land under subparagraph (A) shall be through the Director of the Bureau of Land ‘‘(2) TECHNICAL CORRECTIONS.—The Sec- through a competitive bidding process. Management. retary may correct any technical errors in (ii) FAIR MARKET VALUE.—Any land sold, (6) WATER DISTRICT.—The term ‘‘Water Dis- the survey or legal description completed leased, or otherwise conveyed under subpara- trict’’ means the Las Vegas Valley Water under paragraph (1). graph (A) shall be for not less than fair mar- District. ‘‘(c) PUBLIC ACCESS AND USE.—Nothing in ket value. (b) LAND CONVEYANCE.— this Act prohibits any approved general pub- (C) COMPLIANCE WITH CHARTER.—Except as (1) SURVEY AND LEGAL DESCRIPTION.—The lic access (through existing easements or by provided in subparagraphs (B) and (D), the City shall prepare a survey and legal descrip- boat) to, or use of, land remaining within the City may sell, lease, or otherwise convey tion of the Alta-Hualapai Site. The survey Lake Tahoe Basin Management Unit after parcels within the Transition Area only in shall conform to the Bureau of Land Man- the conveyance of the land to the Secretary accordance with the procedures for convey- agement cadastral survey standards and be of the Interior, in trust for the Tribe, under ances established in the City Charter. subject to approval by the Secretary. subsection (a), including access to, and use (D) DISPOSITION OF PROCEEDS.—The gross (2) ACCEPTANCE.—The Secretary may ac- of, the beach and shoreline areas adjacent to proceeds from the sale of land under subpara- cept the relinquishment by the City of all or the portion of land conveyed under that sub- graph (A) shall be distributed in accordance part of the Alta-Hualapai Site. section.’’. with section 4(e) of the Southern Nevada (3) CONVEYANCE FOR USE AS NONPROFIT CAN- (3) DATE OF TRUST STATUS.—The trust land Public Land Management Act of 1998 (112 CER INSTITUTE.—After relinquishment of all described in section 2(a) of Public Law 108–67 Stat. 2345). or part of the Alta-Hualapai Site to the Sec- (117 Stat. 880) shall be considered to be taken (3) USE OF LAND FOR RECREATION OR OTHER retary, and not later than 180 days after re- into trust as of August 1, 2003. PUBLIC PURPOSES.—The City may elect to re- quest of the Institute, the Secretary shall (4) TRANSFER.—The Secretary of the Inte- tain parcels in the Transition Area for public convey to the Institute, subject to valid ex- rior, acting on behalf of and for the benefit recreation or other public purposes con- isting rights, the portion of the Alta- of the Tribe, shall transfer to the Secretary sistent with the Act of June 14, 1926 (com- Hualapai Site that is necessary for the devel- of Agriculture administrative jurisdiction monly known as the ‘‘Recreation and Public opment of a nonprofit cancer institute. over the land identified as ‘‘Parcel B’’ on the Purposes Act’’) (43 U.S.C. 869 et seq.) by pro- (4) ADDITIONAL CONVEYANCES.—Not later map entitled ‘‘Skunk Harbor Conveyance viding to the Secretary written notice of the than 180 days after a request from the City, Correction’’ and dated September 12, 2008. election. the Secretary shall convey to the City, sub- (j) AGREEMENT WITH FOREST SERVICE.—The (4) NOISE COMPATIBILITY REQUIREMENTS.— ject to valid existing rights, any remaining Secretary of Agriculture, in consultation The City shall— portion of the Alta-Hualapai Site necessary with the Tribe, shall develop and implement (A) plan and manage the Transition Area for ancillary medical or nonprofit use com- a cooperative agreement that ensures reg- in accordance with section 47504 of title 49, patible with the mission of the Institute. ular access by members of the Tribe and United States Code (relating to airport noise (5) APPLICABLE LAW.—Any conveyance by other people in the community of the Tribe compatibility planning), and regulations the City of any portion of the land received across National Forest System land from the promulgated in accordance with that sec- under this section shall be for no less than City to Lake Tahoe for cultural and religious tion; and fair market value and the proceeds shall be purposes. (B) agree that if any land in the Transition distributed in accordance with section 4(e)(1) (k) ARTIFACT COLLECTION.— Area is sold, leased, or otherwise conveyed of Public Law 105–263 (112 Stat. 2345). (1) NOTICE.—At least 180 days before con- by the City, the sale, lease, or conveyance (6) TRANSACTION COSTS.—All land conveyed ducting any ground disturbing activities on shall contain a limitation to require uses by the Secretary under this section shall be the land identified as ‘‘Parcel #2’’ on the compatible with that airport noise compat- at no cost, except that the Secretary may re- Map, the City shall notify the Tribe of the ibility planning. quire the recipient to bear any costs associ- proposed activities to provide the Tribe with (5) REVERSION.— ated with transfer of title or any necessary adequate time to inventory and collect any (A) IN GENERAL.—If any parcel of land in land surveys. artifacts in the affected area. the Transition Area is not conveyed for non- (7) REPORT.—Not later than 180 days after (2) AUTHORIZED ACTIVITIES.—On receipt of residential development under this section the date of the enactment of this Act, the notice under paragraph (1), the Tribe may or reserved for recreation or other public Secretary shall submit to the Committee on collect and possess any artifacts relating to purposes under paragraph (3) by the date Natural Resources of the House of Rep- the Tribe in the land identified as ‘‘Parcel that is 20 years after the date of enactment resentatives and the Committee on Energy #2’’ on the Map. of this Act, the parcel of land shall, at the and Natural Resources of the Senate a report (l) AUTHORIZATION OF APPROPRIATIONS.— on all transactions conducted under Public There are authorized to be appropriated such discretion of the Secretary, revert to the United States. Law 105–263 (112 Stat. 2345). sums as are necessary to carry out this sec- (c) RIGHTS-OF-WAY.—Consistent with the tion. (B) INCONSISTENT USE.—If the City uses any parcel of land within the Transition Area in Federal Land Policy and Management Act of SEC. 2602. SOUTHERN NEVADA LIMITED TRANSI- a manner that is inconsistent with the uses 1976 (43 U.S.C. 1701), the Secretary may grant TION AREA CONVEYANCE. rights-of-way to the Water District on a por- (a) DEFINITIONS.—In this section: specified in this subsection— (i) at the discretion of the Secretary, the tion of the Alta-Hualapai Site for a flood (1) CITY.—The term ‘‘City’’ means the City control project and a water pumping facility. parcel shall revert to the United States; or of Henderson, Nevada. (d) REVERSION.—Any property conveyed (ii) if the Secretary does not make an elec- (2) SECRETARY.—The term ‘‘Secretary’’ pursuant to this section which ceases to be means the Secretary of the Interior. tion under clause (i), the City shall sell the used for the purposes specified in this section (3) STATE.—The term ‘‘State’’ means the parcel of land in accordance with this sub- shall, at the discretion of the Secretary, re- State of Nevada. section. vert to the United States, along with any (4) TRANSITION AREA.—The term ‘‘Transi- SEC. 2603. NEVADA CANCER INSTITUTE LAND improvements thereon or thereto. tion Area’’ means the approximately 502 CONVEYANCE. SEC. 2604. TURNABOUT RANCH LAND CONVEY- acres of Federal land located in Henderson, (a) DEFINITIONS.—In this section: ANCE, UTAH. Nevada, and identified as ‘‘Limited Transi- (1) ALTA-HUALAPAI SITE.—The term ‘‘Alta- (a) DEFINITIONS.—In this section: tion Area’’ on the map entitled ‘‘Southern Hualapai Site’’ means the approximately 80 (1) FEDERAL LAND.—The term ‘‘Federal Nevada Limited Transition Area Act’’ and acres of land that is— land’’ means the approximately 25 acres of dated March 20, 2006. (A) patented to the City under the Act of Bureau of Land Management land identified (b) SOUTHERN NEVADA LIMITED TRANSITION June 14, 1926 (commonly known as the on the map as ‘‘Lands to be conveyed to AREA.— ‘‘Recreation and Public Purposes Act’’) (43 Turnabout Ranch’’. (1) CONVEYANCE.—Notwithstanding the U.S.C. 869 et seq.); and (2) MAP.—The term ‘‘map’’ means the map Federal Land Policy and Management Act of (B) identified on the map as the ‘‘Alta- entitled ‘‘Turnabout Ranch Conveyance’’ 1976 (43 U.S.C. 1701 et seq.), on request of the Hualapai Site’’. dated May 12, 2006, and on file in the office of

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the Director of the Bureau of Land Manage- (B) REVERSIONARY INTEREST.—On convey- public land. The appraisal shall be conducted ment. ance of the parcel of land described in para- in accordance with the ‘‘Uniform Appraisal (3) MONUMENT.—The term ‘‘Monument’’ graph (2)(A), the Secretary shall have discre- Standards for Federal Land Acquisitions’’ means the Grand Staircase-Escalante Na- tion with respect to whether or not the re- and the ‘‘Uniform Standards of Professional tional Monument located in southern Utah. versionary interests of the United States are Appraisal Practice’’. (4) SECRETARY.—The term ‘‘Secretary’’ to be exercised. (3) PAYMENT.—Not later than 30 days after means the Secretary of the Interior. (2) DESCRIPTION OF LAND.—The parcels of the date on which the public land is con- (5) TURNABOUT RANCH.—The term ‘‘Turn- land referred to in paragraph (1) are— veyed under this subsection, the PUD shall about Ranch’’ means the Turnabout Ranch (A) the 120-acre parcel that is part of a pay to the Secretary an amount equal to the in Escalante, Utah, owned by Aspen Edu- tract of public land acquired by the Boy appraised value of the public land as deter- cation Group. Scouts under the Act of June 14, 1926 (com- mined under paragraph (2). (b) CONVEYANCE OF FEDERAL LAND TO TURN- monly known as the ‘‘Recreation and Public (4) MAP AND LEGAL DESCRIPTIONS.—As soon ABOUT RANCH.— Purposes Act’’) (43 U.S.C. 869 et seq.) for the as practicable after the date of enactment of (1) IN GENERAL.—Notwithstanding the land purpose of operating a camp, which is more this Act, the Secretary shall finalize legal use planning requirements of sections 202 particularly described as the W 1/2 SE 1/4 and descriptions of the public land to be con- and 203 of the Federal Land Policy and Man- SE 1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt veyed under this subsection. The Secretary agement Act of 1976 (43 U.S.C. 1712, 1713), if Lake Base and Meridian; and may correct any minor errors in the map re- not later than 30 days after completion of (B) the 2 parcels of private land owned by ferred to in subsection (a)(1) or in the legal the appraisal required under paragraph (2), Brian Head Resort that total 120 acres, which descriptions. The map and legal descriptions Turnabout Ranch of Escalante, Utah, sub- are more particularly described as— shall be on file and available for public in- mits to the Secretary an offer to acquire the (i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, spection in appropriate offices of the Bureau Federal land for the appraised value, the T. 35 S., R. 9 W., Salt Lake Base and Merid- of Land Management. Secretary shall, not later than 30 days after ian; and (5) COSTS OF CONVEYANCE.—As a condition the date of the offer, convey to Turnabout (ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., of conveyance, any costs related to the con- Ranch all right, title, and interest to the Salt Lake Base Meridian. veyance under this subsection shall be paid Federal land, subject to valid existing rights. (3) CONDITIONS.—On conveyance to the Boy by the PUD. (2) APPRAISAL.—Not later than 90 days Scouts under paragraph (1)(A), the parcels of (6) DISPOSITION OF PROCEEDS.—The Sec- after the date of enactment of this Act, the land described in paragraph (2)(B) shall be retary shall deposit the proceeds from the Secretary shall complete an appraisal of the subject to the terms and conditions imposed sale in the Federal Land Disposal Account Federal land. The appraisal shall be com- on the entire tract of land acquired by the established by section 206 of the Federal pleted in accordance with the ‘‘Uniform Ap- Boy Scouts for a camp under the Bureau of Land Transaction Facilitation Act (43 U.S.C. praisal Standards for Federal Land Acquisi- Land Management patent numbered 43–75– 2305) to be expended to improve access to tions’’ and the ‘‘Uniform Standards of Pro- 0010. public lands administered by the Bureau of fessional Appraisal Practice’’. All costs asso- (4) MODIFICATION OF PATENT.—On comple- Land Management in the State of Wash- ciated with the appraisal shall be born by tion of the exchange under paragraph (1)(A), ington. the Secretary shall amend the original Bu- Turnabout Ranch. (c) SEGREGATION OF LANDS.— reau of Land Management patent providing (3) PAYMENT OF CONSIDERATION.—Not later (1) WITHDRAWAL.—Except as provided in for the conveyance to the Boy Scouts under than 30 days after the date on which the Fed- subsection (b)(1), effective immediately upon the Act of June 14, 1926 (commonly known as eral land is conveyed under paragraph (1), as enactment of this Act, and subject to valid the ‘‘Recreation and Public Purposes Act’’) a condition of the conveyance, Turnabout existing rights, the public land is withdrawn (43 U.S.C. 869 et seq.) numbered 43–75–0010 to Ranch shall pay to the Secretary an amount from— take into account the exchange under para- equal to the appraised value of the Federal (A) all forms of entry, appropriation, or graph (1)(A). land, as determined under paragraph (2). disposal under the public land laws, and all SEC. 2606. DOUGLAS COUNTY, WASHINGTON, (4) COSTS OF CONVEYANCE.—As a condition amendments thereto; LAND CONVEYANCE. of the conveyance, any costs of the convey- (B) location, entry, and patenting under (a) DEFINITIONS.—In this section: ance under this section shall be paid by the mining laws, and all amendments there- (1) PUBLIC LAND.—The term ‘‘public land’’ Turnabout Ranch. means the approximately 622 acres of Fed- to; and (5) DISPOSITION OF PROCEEDS.—The Sec- eral land managed by the Bureau of Land (C) operation of the mineral leasing, min- retary shall deposit the proceeds from the Management and identified for conveyance eral materials, and geothermal leasing laws, conveyance of the Federal land under para- on the map prepared by the Bureau of Land and all amendments thereto. graph (1) in the Federal Land Deposit Ac- Management entitled ‘‘Douglas County Pub- (2) DURATION.—This subsection expires two count established by section 206 of the Fed- lic Utility District Proposal’’ and dated years after the date of enactment of this Act eral Land Transaction Facilitation Act(43 March 2, 2006. or on the date of the completion of the con- U.S.C. 2305), to be expended in accordance (2) PUD.—The term ‘‘PUD’’ means the Pub- veyance under subsection (b), whichever is with that Act. lic Utility District No. 1 of Douglas County, earlier. (c) MODIFICATION OF MONUMENT BOUND- Washington. (d) RETAINED AUTHORITY.—The Secretary ARY.—When the conveyance authorized by shall retain the authority to place condi- (3) SECRETARY.—The term ‘‘Secretary’’ subsection (b) is completed, the boundaries means the Secretary of the Interior. tions on the license to insure adequate pro- of the Grand Staircase-Escalante National tection and utilization of the public land (4) WELLS HYDROELECTRIC PROJECT.—The Monument in the State of Utah are hereby term ‘‘Wells Hydroelectric Project’’ means granted to the Secretary in section 4(e) of modified to exclude the Federal land con- Federal Energy Regulatory Commission the Federal Power Act (16 U.S.C. 797(e)) until veyed to Turnabout Ranch. Project No. 2149. the Federal Energy Regulatory Commission SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH. (b) CONVEYANCE OF PUBLIC LAND, WELLS has issued a new license for the Wells Hydro- (a) DEFINITIONS.—In this section: HYDROELECTRIC PROJECT, PUBLIC UTILITY electric Project, to replace the original li- (1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ DISTRICT NO. 1 OF DOUGLAS COUNTY, WASH- cense expiring May 31, 2012, consistent with means the Utah National Parks Council of INGTON.— section 15 of the Federal Power Act (16 the Boy Scouts of America. (1) CONVEYANCE REQUIRED.—Notwith- U.S.C. 808). (2) SECRETARY.—The term ‘‘Secretary’’ standing the land use planning requirements SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEY- means the Secretary of the Interior. of sections 202 and 203 of the Federal Land ANCE. (b) BOY SCOUTS OF AMERICA LAND EX- Policy and Management Act of 1976 (43 (a) CONVEYANCE.—As soon as practicable CHANGE.— U.S.C. 1712, 1713), and notwithstanding sec- after the date of enactment of this Act, the (1) AUTHORITY TO CONVEY.— tion 24 of the Federal Power Act (16 U.S.C. Secretary of the Interior, acting through the (A) IN GENERAL.—Subject to paragraph (3) 818) and Federal Power Order for Project Director of the Bureau of Land Management, and notwithstanding the Act of June 14, 1926 2149, and subject to valid existing rights, if shall convey to the city of Twin Falls, Idaho, (commonly known as the ‘‘Recreation and not later than 45 days after the date of com- subject to valid existing rights, without con- Public Purposes Act’’) (43 U.S.C. 869 et seq.), pletion of the appraisal required under para- sideration, all right, title, and interest of the the Boy Scouts may convey to Brian Head graph (2), the Public Utility District No. 1 of United States in and to the 4 parcels of land Resort, subject to valid existing rights and, Douglas County, Washington, submits to the described in subsection (b). except as provided in subparagraph (B), any Secretary an offer to acquire the public land (b) LAND DESCRIPTION.—The 4 parcels of rights reserved by the United States, all for the appraised value, the Secretary shall land to be conveyed under subsection (a) are right, title, and interest granted to the Boy convey, not later than 30 days after the date the approximately 165 acres of land in Twin Scouts by the original patent to the parcel of the offer, to the PUD all right, title, and Falls County, Idaho, that are identified as described in paragraph (2)(A) in exchange for interest of the United States in and to the ‘‘Land to be conveyed to Twin Falls’’ on the the conveyance by Brian Head Resort to the public land. map titled ‘‘Twin Falls Land Conveyance’’ Boy Scouts of all right, title, and interest in (2) APPRAISAL.—Not later than 60 days and dated July 28, 2008. and to the parcels described in paragraph after the date of enactment of this Act, the (c) MAP ON FILE.—A map depicting the land (2)(B). Secretary shall complete an appraisal of the described in subsection (b) shall be on file

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.038 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S467 and available for public inspection in the ap- by a deed or deeds containing a restriction to be taken in trust by the United States for propriate offices of the Bureau of Land Man- requiring that the lands be maintained as the benefit of the Tribe shall be subject to agement. open space and used solely for public recre- subsection (c) of section 903 of the California (d) USE OF CONVEYED LANDS.— ation purposes or other purposes consistent Indian Land Transfer Act (Public Law 106– (1) PURPOSE.—The land conveyed under with their maintenance as open space. This 568; 114 Stat. 2921). this section shall be used to support the pub- restriction shall not be interpreted to pro- (b) FEDERAL LANDS DESCRIBED.—The Fed- lic purposes of the Auger Falls Project, in- hibit the construction or maintenance of rec- eral lands described in this subsection, com- cluding a limited agricultural exemption to reational facilities, utilities, or other struc- prising approximately 66 acres, are as fol- allow for water quality and wildlife habitat tures that are consistent with the mainte- lows: improvements. nance of the lands as open space or its use (1) Township 1 North, Range 16 East, Sec- (2) RESTRICTION.—The land conveyed under for public recreation purposes. tion 6, Lots 10 and 12, MDM, containing 50.24 this section shall not be used for residential (3) CONSIDERATION.—In consideration for acres more or less. or commercial purposes, except for the lim- the transfer of the land under paragraph (1), (2) Township 1 North, Range 16 East, Sec- ited agricultural exemption described in Park City shall pay to the Secretary of the tion 5, Lot 16, MDM, containing 15.35 acres paragraph (1). Interior an amount consistent with convey- more or less. (3) ADDITIONAL TERMS AND CONDITIONS.— ances to governmental entities for rec- (3) Township 2 North, Range 16 East, Sec- The Secretary of the Interior may require reational purposes under the Act of June 14, tion 32, Indian Cemetery Reservation within such additional terms and conditions in con- 1926 (commonly known as the Recreation and Lot 22, MDM, containing 0.4 acres more or nection with the conveyance as the Sec- Public Purposes Act; 43 U.S.C. 869 et seq.). less. retary considers appropriate to protect the (b) SALE OF BUREAU OF LAND MANAGEMENT (c) TRUST LANDS DESCRIBED.—The trust interests of the United States. LAND IN PARK CITY, UTAH, AT AUCTION.— lands described in this subsection, com- (e) REVERSION.—If the land conveyed under (1) SALE OF LAND.—Not later than 180 days prising approximately 357 acres, are com- this section is no longer used in accordance after the date of the enactment of this Act, monly referred to as follows: with subsection (d)— the Secretary of the Interior shall offer for (1) Thomas property, pending trust acquisi- (1) the land shall, at the discretion of the sale any right, title, or interest of the United tion, 104.50 acres. Secretary based on his determination of the States in and to two parcels of real property (2) Coenenburg property, pending trust ac- best interests of the United States, revert to located in Park City, Utah, that are cur- quisition, 192.70 acres, subject to existing the United States; and rently under the management jurisdiction of easements of record, including but not lim- (2) if the Secretary chooses to have the the Bureau of Land Management and are des- ited to a non-exclusive easement for ingress land revert to the United States and if the ignated as parcels 17 and 18 in the Park City, and egress for the benefit of adjoining prop- Utah, area. The sale of the land shall be car- Secretary determines that the land is envi- erty as conveyed by Easement Deed recorded ried out in accordance with the Federal Land ronmentally contaminated, the city of Twin July 13, 1984, in Volume 755, Pages 189 to 192, Policy and Management Act of 1976 (43 Falls, Idaho, or any other person responsible and as further defined by Stipulation and U.S.C. 1701) and other applicable law, other for the contamination shall remediate the Judgment entered by Tuolumne County Su- than the planning provisions of sections 202 contamination. perior Court on September 2, 1983, and re- and 203 of such Act (43 U.S.C. 1712, 1713), and (f) ADMINISTRATIVE COSTS.—The Secretary corded June 4, 1984, in Volume 751, Pages 61 shall be subject to all valid existing rights. shall require that the city of Twin Falls, to 67. (2) METHOD OF SALE.—The sale of the land Idaho, pay all survey costs and other admin- (3) Assessor Parcel No. 620505300, 1.5 acres, under paragraph (1) shall be consistent with istrative costs necessary for the preparation trust land. subsections (d) and (f) of section 203 of the and completion of any patents of and trans- (4) Assessor Parcel No. 620505400, 19.23 Federal Land Policy and Management Act of acres, trust land. fer of title to property under this section. 1976 (43 U.S.C. 1713) through a competitive (5) Assessor Parcel No. 620505600, 3.46 acres, SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY bidding process and for not less than fair trust land. AREA RELEASE, NEVADA. market value. (6) Assessor Parcel No. 620505700, 7.44 acres, (a) FINDING.—Congress finds that the land (c) DISPOSITION OF LAND SALES PROCEEDS.— described in subsection (c) has been ade- All proceeds derived from the sale of land de- trust land. quately studied for wilderness designation scribed in this section shall be deposited in (7) Assessor Parcel No. 620401700, 0.8 acres, under section 603 of the Federal Land Policy the Federal Land Disposal Account estab- trust land. and Management Act of 1976 (43 U.S.C. 1782). lished by section 206(a) of the Federal Land (8) A portion of Assessor Parcel No. (b) RELEASE.—The land described in sub- Transaction Facilitation Act (43 U.S.C. 620500200, 2.5 acres, trust land. section (c)— 2305(a)). (9) Assessor Parcel No. 620506200, 24.87 (1) is no longer subject to section 603(c) of SEC. 2610. RELEASE OF REVERSIONARY INTER- acres, trust land. the Federal Land Policy and Management EST IN CERTAIN LANDS IN RENO, (d) SURVEY.—As soon as practicable after Act of 1976 (43 U.S.C. 1782(c)); and NEVADA. the date of the enactment of this Act, the Of- (2) shall be managed in accordance with— (a) RAILROAD LANDS DEFINED.—For the fice of Cadastral Survey of the Bureau of (A) land management plans adopted under purposes of this section, the term ‘‘railroad Land Management shall complete fieldwork section 202 of that Act (43 U.S.C. 1712); and lands’’ means those lands within the City of required for a survey of the lands described (B) cooperative conservation agreements Reno, Nevada, located within portions of sec- in subsections (b) and (c) for the purpose of in existence on the date of the enactment of tions 10, 11, and 12 of T.19 N., R. 19 E., and incorporating those lands within the bound- this Act. portions of section 7 of T.19 N., R. 20 E., aries of the Tuolumne Rancheria. Not later (c) DESCRIPTION OF LAND.—The land re- Mount Diablo Meridian, Nevada, that were than 90 days after that fieldwork is com- ferred to in subsections (a) and (b) is the ap- originally granted to the Union Pacific Rail- pleted, that office shall complete the survey. proximately 70 acres of land in the Sunrise road under the provisions of the Act of July (e) LEGAL DESCRIPTIONS.— Mountain Instant Study Area of Clark Coun- 1, 1862, commonly known as the Union Pa- (1) PUBLICATION.—On approval by the Com- ty, Nevada, that is designated on the map cific Railroad Act. munity Council of the Tribe of the survey (b) RELEASE OF REVERSIONARY INTEREST.— entitled ‘‘Sunrise Mountain ISA Release completed under subsection (d), the Sec- Any reversionary interests of the United Areas’’ and dated September 6, 2008. retary of the Interior shall publish in the States (including interests under the Act of Federal Register— SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE. July 1, 1862, commonly known as the Union (A) a legal description of the new boundary (a) CONVEYANCE OF LAND BY THE BUREAU OF Pacific Railroad Act) in and to the railroad lines of the Tuolumne Rancheria; and LAND MANAGEMENT TO PARK CITY, UTAH.— lands as defined in subsection (a) of this sec- (B) a legal description of the land surveyed (1) LAND TRANSFER.—Notwithstanding the tion are hereby released. under subsection (d). planning requirements of sections 202 and 203 SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS (2) EFFECT.—Beginning on the date on of the Federal Land Policy and Management OF THE TUOLUMNE RANCHERIA. which the legal descriptions are published Act of 1976 (43 U.S.C. 1712, 1713), the Sec- (a) IN GENERAL.— under paragraph (1), such legal descriptions retary of the Interior shall convey, not later (1) FEDERAL LANDS.—Subject to valid exist- shall be the official legal descriptions of than 180 days after the date of the enactment ing rights, all right, title, and interest (in- those boundary lines of the Tuolumne of this Act, to Park City, Utah, all right, cluding improvements and appurtenances) of Rancheria and the lands surveyed. title, and interest of the United States in the United States in and to the Federal lands and to two parcels of real property located in described in subsection (b), the Federal lands TITLE III—FOREST SERVICE Park City, Utah, that are currently under shall be declared to be held in trust by the AUTHORIZATIONS the management jurisdiction of the Bureau United States for the benefit of the Tribe for Subtitle A—Watershed Restoration and of Land Management and designated as par- nongaming purposes, and shall be subject to Enhancement cel 8 (commonly known as the White Acre the same terms and conditions as those lands SEC. 3001. WATERSHED RESTORATION AND EN- parcel) and parcel 16 (commonly known as described in the California Indian Land HANCEMENT AGREEMENTS. the Gambel Oak parcel). The conveyance Transfer Act (Public Law 106–568; 114 Stat. Section 323 of the Department of the Inte- shall be subject to all valid existing rights. 2921). rior and Related Agencies Appropriations (2) DEED RESTRICTION.—The conveyance of (2) TRUST LANDS.—Lands described in sub- Act, 1999 (16 U.S.C. 1011 note; Public Law 105– the lands under paragraph (1) shall be made section (c) of this section that are taken or 277), is amended—

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(1) in subsection (a), by striking ‘‘each of (2) WYOMING RANGE WITHDRAWAL AREA.— SEC. 3203. ACCEPTANCE OF THE DONATION OF fiscal years 2006 through 2011’’ and inserting The term ‘‘Wyoming Range Withdrawal VALID EXISTING MINING OR LEAS- ‘‘fiscal year 2006 and each fiscal year there- Area’’ means all National Forest System ING RIGHTS IN THE WYOMING RANGE. after’’; land and federally owned minerals located (a) NOTIFICATION OF LEASEHOLDERS.—Not (2) by redesignating subsection (d) as sub- within the boundaries of the Bridger-Teton later than 120 days after the date of enact- section (e); and National Forest identified on the map enti- ment of this Act, the Secretary shall provide (3) by inserting after subsection (c) the fol- tled ‘‘Wyoming Range Withdrawal Area’’ and notice to holders of valid existing mining or lowing: dated October 17, 2007, on file with the Office leasing rights within the Wyoming Range ‘‘(d) APPLICABLE LAW.—Chapter 63 of title of the Chief of the Forest Service and the Of- Withdrawal Area of the potential oppor- 31, United States Code, shall not apply to— fice of the Supervisor of the Bridger-Teton tunity for repurchase of those rights and re- ‘‘(1) a watershed restoration and enhance- National Forest. tirement under this section. ment agreement entered into under this sec- SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN (b) REQUEST FOR LEASE RETIREMENT.— tion; or THE WYOMING RANGE. (1) IN GENERAL.—A holder of a valid exist- ‘‘(2) an agreement entered into under the (a) WITHDRAWAL.—Except as provided in ing mining or leasing right within the Wyo- first section of Public Law 94–148 (16 U.S.C. subsection (f), subject to valid existing ming Range Withdrawal Area may submit a 565a–1).’’. rights as of the date of enactment of this Act written notice to the Secretary of the inter- Subtitle B—Wildland Firefighter Safety and the provisions of this subtitle, land in est of the holder in the retirement and repur- chase of that right. SEC. 3101. WILDLAND FIREFIGHTER SAFETY. the Wyoming Range Withdrawal Area is (2) LIST OF INTERESTED HOLDERS.—The Sec- (a) DEFINITIONS.—In this section: withdrawn from— retary shall prepare a list of interested hold- (1) SECRETARIES.—The term ‘‘Secretaries’’ (1) all forms of appropriation or disposal ers and make the list available to any non- means— under the public land laws; Federal entity or person interested in ac- (A) the Secretary of the Interior, acting (2) location, entry, and patent under the quiring that right for retirement by the Sec- through the Directors of the Bureau of Land mining laws; and (3) disposition under laws relating to min- retary. Management, the United States Fish and (c) PROHIBITION.—The Secretary may not eral and geothermal leasing. Wildlife Service, the National Park Service, use any Federal funds to purchase any right and the Bureau of Indian Affairs; and (b) EXISTING RIGHTS.—If any right referred referred to in subsection (a). (B) the Secretary of Agriculture, acting to in subsection (a) is relinquished or other- (d) DONATION AUTHORITY.—The Secretary through the Chief of the Forest Service. wise acquired by the United States (includ- shall— (2) WILDLAND FIREFIGHTER.—The term ing through donation under section 3203) (1) accept the donation of any valid exist- ‘‘wildland firefighter’’ means any person who after the date of enactment of this Act, the ing mining or leasing right in the Wyoming participates in wildland firefighting activi- land subject to that right shall be withdrawn Range Withdrawal Area from the holder of ties— in accordance with this section. that right or from any non-Federal entity or (A) under the direction of either of the Sec- (c) BUFFERS.—Nothing in this section re- person that acquires that right; and retaries; or quires— (2) on acceptance, cancel that right. (B) under a contract or compact with a fed- (1) the creation of a protective perimeter (e) RELATIONSHIP TO OTHER AUTHORITY.— erally recognized Indian tribe. or buffer area outside the boundaries of the Nothing in this subtitle affects any author- (b) ANNUAL REPORT TO CONGRESS.— Wyoming Range Withdrawal Area; or ity the Secretary may otherwise have to (1) IN GENERAL.—The Secretaries shall (2) any prohibition on activities outside of modify, suspend, or terminate a lease with- jointly submit to Congress an annual report the boundaries of the Wyoming Range With- out compensation, or to recognize the trans- on the wildland firefighter safety practices drawal Area that can be seen or heard from fer of a valid existing mining or leasing of the Secretaries, including training pro- within the boundaries of the Wyoming Range right, if otherwise authorized by law. grams and activities for wildland fire sup- Withdrawal Area. Subtitle D—Land Conveyances and pression, prescribed burning, and wildland (d) LAND AND RESOURCE MANAGEMENT Exchanges fire use, during the preceding calendar year. PLAN.— SEC. 3301. LAND CONVEYANCE TO CITY OF (2) TIMELINE.—Each report under para- (1) IN GENERAL.—Subject to paragraph (2), COFFMAN COVE, ALASKA. graph (1) shall— the Bridger-Teton National Land and Re- (a) DEFINITIONS.—In this section: (A) be submitted by not later than March source Management Plan (including any re- (1) CITY.—The term ‘‘City’’ means the city of the year following the calendar year cov- visions to the Plan) shall apply to any land of Coffman Cove, Alaska. ered by the report; and within the Wyoming Range Withdrawal (2) SECRETARY.—The term ‘‘Secretary’’ (B) include— Area. means the Secretary of Agriculture. (b) CONVEYANCE.— (i) a description of, and any changes to, (2) CONFLICTS.—If there is a conflict be- (1) IN GENERAL.—Subject to valid existing wildland firefighter safety practices, includ- tween this subtitle and the Bridger-Teton rights, the Secretary shall convey to the ing training programs and activities for National Land and Resource Management City, without consideration and by quitclaim wildland fire suppression, prescribed burn- Plan, this subtitle shall apply. ing, and wildland fire use; deed all right, title, and interest of the (e) PRIOR LEASE SALES.—Nothing in this (ii) statistics and trend analyses; United States, except as provided in para- section prohibits the Secretary from taking (iii) an estimate of the amount of Federal graphs (3) and (4), in and to the parcel of Na- any action necessary to issue, deny, remove funds expended by the Secretaries on tional Forest System land described in para- the suspension of, or cancel a lease, or any wildland firefighter safety practices, includ- graph (2). sold lease parcel that has not been issued, ing training programs and activities for (2) DESCRIPTION OF LAND.— pursuant to any lease sale conducted prior to wildland fire suppression, prescribed burn- (A) IN GENERAL.—The parcel of National the date of enactment of this Act, including ing, and wildland fire use; Forest System land referred to in paragraph the completion of any requirements under (iv) progress made in implementing rec- (1) is the approximately 12 acres of land iden- the National Environmental Policy Act of ommendations from the Inspector General, tified in U.S. Survey 10099, as depicted on the 1969 (42 U.S.C. 4321 et seq.). the Government Accountability Office, the plat entitled ‘‘Subdivision of U.S. Survey No. Occupational Safety and Health Administra- (f) EXCEPTION.—Notwithstanding the with- 10099’’ and recorded as Plat 2003–1 on January tion, or an agency report relating to a drawal in subsection (a), the Secretary may 21, 2003, Petersburg Recording District, Alas- wildland firefighting fatality issued during lease oil and gas resources in the Wyoming ka. the preceding 10 years; and Range Withdrawal Area that are within 1 (B) EXCLUDED LAND.—The parcel of Na- (v) a description of— mile of the boundary of the Wyoming Range tional Forest System land conveyed under (I) the provisions relating to wildland fire- Withdrawal Area in accordance with the paragraph (1) does not include the portion of fighter safety practices in any Federal con- Mineral Leasing Act (30 U.S.C. 181 et seq.) U.S. Survey 10099 that is north of the right- tract or other agreement governing the pro- and subject to the following conditions: of-way for Forest Development Road 3030–295 vision of wildland firefighters by a non-Fed- (1) The lease may only be accessed by di- and southeast of Tract CC–8. eral entity; rectional drilling from a lease held by pro- (3) RIGHT-OF-WAY.—The United States may (II) a summary of any actions taken by the duction on the date of enactment of this Act reserve a right-of-way to provide access to Secretaries to ensure that the provisions re- on National Forest System land that is adja- the National Forest System land excluded lating to safety practices, including training, cent to, and outside of, the Wyoming Range from the conveyance to the City under para- are complied with by the non-Federal entity; Withdrawal Area. graph (2)(B). and (2) The lease shall prohibit, without excep- (4) REVERSION.—If any portion of the land (III) the results of those actions. tion or waiver, surface occupancy and sur- conveyed under paragraph (1) (other than a face disturbance for any activities, including portion of land sold under paragraph (5)) Subtitle C—Wyoming Range activities related to exploration, develop- ceases to be used for public purposes, the SEC. 3201. DEFINITIONS. ment, or production. land shall, at the option of the Secretary, re- In this subtitle: (3) The directional drilling may extend no vert to the United States. (1) SECRETARY.—The term ‘‘Secretary’’ further than 1 mile inside the boundary of (5) CONDITIONS ON SUBSEQUENT CONVEY- means the Secretary of the Interior. the Wyoming Range Withdrawal Area. ANCES.—If the City sells any portion of the

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land conveyed to the City under paragraph acres of non-Federal land in the Park, as de- (5) APPLICABLE LAW.—Except as otherwise (1)— picted on the map. provided in this section, the exchange of land (A) the amount of consideration for the (5) PARK.—The term ‘‘Park’’ means the and interests in land under this section shall sale shall reflect fair market value, as deter- Pecos National Historical Park in the State. be in accordance with— mined by an appraisal; and (6) SECRETARIES.—The term ‘‘Secretaries’’ (A) section 206 of the Federal Land Policy (B) the City shall pay to the Secretary an means the Secretary of the Interior and the and Management Act of 1976 (43 U.S.C. 1716); amount equal to the gross proceeds of the Secretary of Agriculture, acting jointly. and sale, which shall be available, without fur- (7) STATE.—The term ‘‘State’’ means the (B) other applicable Federal, State, and ther appropriation, for the Tongass National State of New Mexico. local laws. Forest. (b) LAND EXCHANGE.— (6) ADDITIONAL TERMS AND CONDITIONS.— SEC. 3302. BEAVERHEAD-DEERLODGE NATIONAL (1) IN GENERAL.—If the Secretary of the In- The Secretaries may require, in addition to FOREST LAND CONVEYANCE, MON- terior accepts the non-Federal land, title to any requirements under this section, such TANA. which is acceptable to the Secretary of the terms and conditions relating to the ex- (a) DEFINITIONS.—In this section: Interior, the Secretary of Agriculture shall, change of Federal land and non-Federal land (1) COUNTY.—The term ‘‘County’’ means subject to the conditions of this section and and the granting of easements under this Jefferson County, Montana. the National Environmental Policy Act of section as the Secretaries determine to be (2) MAP.—The term ‘‘map’’ means the map 1969 (42 U.S.C. 4321 et seq.), convey to the appropriate to protect the interests of the that is— landowner the Federal land. United States. (A) entitled ‘‘Elkhorn Cemetery’’; (2) EASEMENT.— (7) COMPLETION OF THE EXCHANGE.— (B) dated May 9, 2005; and (A) IN GENERAL.—As a condition of the con- (A) IN GENERAL.—The exchange of Federal (C) on file in the office of the Beaverhead- veyance of the non-Federal land, the land- land and non-Federal land shall be com- Deerlodge National Forest Supervisor. owner may reserve an easement (including pleted not later than 180 days after the later (3) SECRETARY.—The term ‘‘Secretary’’ an easement for service access) for water of— means the Secretary of Agriculture. pipelines to 2 well sites located in the Park, (i) the date on which the requirements of (b) CONVEYANCE TO JEFFERSON COUNTY, as generally depicted on the map. the National Environmental Policy Act of MONTANA.— (B) ROUTE.—The Secretary of the Interior 1969 (42 U.S.C. 4321 et seq.) have been met; (1) CONVEYANCE.—Not later than 180 days and the landowner shall determine the ap- (ii) the date on which the Secretary of the after the date of enactment of this Act and propriate route of the easement through the Interior approves the appraisals under para- subject to valid existing rights, the Sec- non-Federal land. graph (3)(B)(iii); or retary (acting through the Regional For- (C) TERMS AND CONDITIONS.—The easement (iii) the date on which the Secretaries and ester, Northern Region, Missoula, Montana) shall include such terms and conditions re- the landowner agree on the costs of the ex- shall convey by quitclaim deed to the Coun- lating to the use of, and access to, the well change and any other terms and conditions ty for no consideration, all right, title, and sites and pipeline, as the Secretary of the In- of the exchange under this subsection. interest of the United States, except as pro- terior and the landowner determine to be ap- (B) NOTICE.—The Secretaries shall submit vided in paragraph (5), in and to the parcel of propriate. to the Committee on Energy and Natural Re- land described in paragraph (2). (D) APPLICABLE LAW.—The easement shall sources of the Senate and the Committee on (2) DESCRIPTION OF LAND.—The parcel of be established, operated, and maintained in Resources of the House of Representatives land referred to in paragraph (1) is the parcel compliance with applicable Federal, State, notice of the completion of the exchange of of approximately 9.67 acres of National For- and local laws. Federal land and non-Federal land under this est System land (including any improve- (3) VALUATION, APPRAISALS, AND EQUALI- subsection. ments to the land) in the County that is ZATION.— (c) ADMINISTRATION.— known as the ‘‘Elkhorn Cemetery’’, as gen- (A) IN GENERAL.—The value of the Federal (1) IN GENERAL.—The Secretary of the Inte- erally depicted on the map. land and non-Federal land— rior shall administer the non-Federal land (3) USE OF LAND.—As a condition of the (i) shall be equal, as determined by ap- acquired under this section in accordance conveyance under paragraph (1), the County praisals conducted in accordance with sub- with the laws generally applicable to units of shall— paragraph (B); or the National Park System, including the Act (A) use the land described in paragraph (2) (ii) if the value is not equal, shall be equal- of August 25, 1916 (commonly known as the as a County cemetery; and ized in accordance with subparagraph (C). ‘‘National Park Service Organic Act’’) (16 (B) agree to manage the cemetery with due (B) APPRAISALS.— U.S.C. 1 et seq.). consideration and protection for the historic (i) IN GENERAL.—The Federal land and non- (2) MAPS.— and cultural values of the cemetery, under Federal land shall be appraised by an inde- (A) IN GENERAL.—The map shall be on file such terms and conditions as are agreed to pendent appraiser selected by the Secre- and available for public inspection in the ap- by the Secretary and the County. taries. propriate offices of the Secretaries. (4) EASEMENT.—In conveying the land to (ii) REQUIREMENTS.—An appraisal con- (B) TRANSMITTAL OF REVISED MAP TO CON- the County under paragraph (1), the Sec- ducted under clause (i) shall be conducted in GRESS.—Not later than 180 days after com- retary, in accordance with applicable law, accordance with— pletion of the exchange, the Secretaries shall shall grant to the County an easement (I) the Uniform Appraisal Standards for transmit to the Committee on Energy and across certain National Forest System land, Federal Land Acquisitions; and Natural Resources of the Senate and the as generally depicted on the map, to provide (II) the Uniform Standards of Professional Committee on Resources of the House of access to the land conveyed under that para- Appraisal Practice. Representatives a revised map that depicts— graph. (iii) APPROVAL.—The appraisals conducted (i) the Federal land and non-Federal land (5) REVERSION.—In the quitclaim deed to under this subparagraph shall be submitted exchanged under this section; and the County, the Secretary shall provide that to the Secretaries for approval. (ii) the easement described in subsection the land conveyed to the County under para- (C) EQUALIZATION OF VALUES.— (b)(2). graph (1) shall revert to the Secretary, at the (i) IN GENERAL.—If the values of the non- SEC. 3304. SANTA FE NATIONAL FOREST LAND election of the Secretary, if the land is— Federal land and the Federal land are not CONVEYANCE, NEW MEXICO. (A) used for a purpose other than the pur- equal, the values may be equalized in accord- (a) DEFINITIONS.—In this section: poses described in paragraph (3)(A); or ance with section 206 of the Federal Land (1) CLAIM.—The term ‘‘Claim’’ means a (B) managed by the County in a manner Policy and Management Act of 1976 (43 claim of the Claimants to any right, title, or that is inconsistent with paragraph (3)(B). U.S.C. 1716). interest in any land located in lot 10, sec. 22, SEC. 3303. SANTA FE NATIONAL FOREST; PECOS (ii) CASH EQUALIZATION PAYMENTS.—Any T. 18 N., R. 12 E., New Mexico Principal Me- NATIONAL HISTORICAL PARK LAND amounts received by the Secretary of Agri- ridian, San Miguel County, New Mexico, ex- EXCHANGE. culture as a cash equalization payment cept as provided in subsection (b)(1). (a) DEFINITIONS.—In this section: under section 206(b) of the Federal Land Pol- (2) CLAIMANTS.—The term ‘‘Claimants’’ (1) FEDERAL LAND.—The term ‘‘Federal icy and Management Act of 1976 (43 U.S.C. means Ramona Lawson and Boyd Lawson. land’’ means the approximately 160 acres of 1716(b)) shall— (3) FEDERAL LAND.—The term ‘‘Federal Federal land within the Santa Fe National (I) be deposited in the fund established by land’’ means a parcel of National Forest Sys- Forest in the State, as depicted on the map. Public Law 90–171 (commonly known as the tem land in the Santa Fe National Forest, (2) LANDOWNER.—The term ‘‘landowner’’ ‘‘Sisk Act’’) (16 U.S.C. 484a); and New Mexico, that is— means the 1 or more owners of the non-Fed- (II) be available for expenditure, without (A) comprised of approximately 6.20 acres eral land. further appropriation, for the acquisition of of land; and (3) MAP.—The term ‘‘map’’ means the map land and interests in land in the State. (B) described and delineated in the survey. entitled ‘‘Proposed Land Exchange for Pecos (4) COSTS.—Before the completion of the (4) SECRETARY.—The term ‘‘Secretary’’ National Historical Park’’, numbered 430/ exchange under this subsection, the Secre- means the Secretary of Agriculture, acting 80,054, dated November 19, 1999, and revised taries and the landowner shall enter into an through the Forest Service Regional For- September 18, 2000. agreement that allocates the costs of the ex- ester, Southwestern Region. (4) NON-FEDERAL LAND.—The term ‘‘non- change among the Secretaries and the land- (5) SURVEY.—The term ‘‘survey’’ means the Federal land’’ means the approximately 154 owner. survey plat entitled ‘‘Boundary Survey and

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Conservation Easement Plat’’, prepared by Office, Mono County, California, may be used (g) MANAGEMENT OF ACQUIRED LAND.—The Chris A. Chavez, Land Surveyor, Forest for any public purpose. non-Federal land acquired by the Secretary Service, NMPLS#12793, and recorded on Feb- SEC. 3307. LAND EXCHANGE, WASATCH-CACHE under subsection (b) shall be— ruary 27, 2007, at book 55, page 93, of the land NATIONAL FOREST, UTAH. (1) added to, and administered as part of, records of San Miguel County, New Mexico. (a) DEFINITIONS.—In this section: the Wasatch-Cache National Forest; and (b) SANTA FE NATIONAL FOREST LAND CON- (1) CITY.—The term ‘‘City’’ means the City (2) managed by the Secretary in accord- VEYANCE.— of Bountiful, Utah. ance with— (1) IN GENERAL.—The Secretary shall, ex- (2) FEDERAL LAND.—The term ‘‘Federal (A) the Act of March 1, 1911 (commonly cept as provided in subparagraph (A) and land’’ means the land under the jurisdiction known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et subject to valid existing rights, convey and of the Secretary identified on the map as seq.); and quitclaim to the Claimants all right, title, ‘‘Shooting Range Special Use Permit Area’’. (B) any laws (including regulations) appli- and interest of the United States in and to (3) MAP.—The term ‘‘map’’ means the map cable to the National Forest System. the Federal land in exchange for— entitled ‘‘Bountiful City Land Consolidation (h) EASEMENTS; RIGHTS-OF-WAY.— (A) the grant by the Claimants to the Act’’ and dated October 15, 2007. (1) BONNEVILLE SHORELINE TRAIL EASE- United States of a scenic easement to the (4) NON-FEDERAL LAND.—The term ‘‘non- MENT.—In carrying out the land exchange Federal land that— Federal land’’ means the 3 parcels of City under subsection (b), the Secretary shall en- (i) protects the purposes for which the Fed- land comprising a total of approximately sure that an easement not less than 60 feet in eral land was designated under the Wild and 1,680 acres, as generally depicted on the map. width is reserved for the Bonneville Shore- Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (5) SECRETARY.—The term ‘‘Secretary’’ line Trail. (ii) is determined to be acceptable by the means the Secretary of Agriculture. (2) OTHER RIGHTS-OF-WAY.—The Secretary Secretary; and (b) EXCHANGE.—Subject to subsections (d) and the City may reserve any other rights- (B) a release of the United States by the through (h), if the City conveys to the Sec- of-way for utilities, roads, and trails that— Claimants of— retary all right, title, and interest of the (A) are mutually agreed to by the Sec- (i) the Claim; and City in and to the non-Federal land, the Sec- retary and the City; and (ii) any additional related claims of the retary shall convey to the City all right, (B) the Secretary and the City consider to Claimants against the United States. title, and interest of the United States in be in the public interest. (2) SURVEY.—The Secretary, with the ap- and to the Federal land. (i) DISPOSAL OF REMAINING FEDERAL (c) AVAILABILITY OF MAP.—The map shall proval of the Claimants, may make minor LAND.— be on file and available for public inspection corrections to the survey and legal descrip- (1) IN GENERAL.—The Secretary may, by in the appropriate offices of the Forest Serv- tion of the Federal land to correct clerical, sale or exchange, dispose of all, or a portion ice. typographical, and surveying errors. of, the parcel of National Forest System land (d) VALUATION AND EQUALIZATION.— (3) SATISFACTION OF CLAIM.—The convey- comprising approximately 220 acres, as gen- (1) VALUATION.—The value of the Federal ance of Federal land under paragraph (1) land and the non-Federal land to be con- erally depicted on the map that remains shall constitute a full satisfaction of the veyed under subsection (b)— after the conveyance of the Federal land au- Claim. (A) shall be equal, as determined by ap- thorized under subsection (b), if the Sec- SEC. 3305. KITTITAS COUNTY, WASHINGTON, praisals carried out in accordance with sec- retary determines, in accordance with para- LAND CONVEYANCE. tion 206 of the Federal Land Policy and Man- graph (2), that the land or portion of the land (a) CONVEYANCE REQUIRED.—The Secretary agement Act of 1976 (43 U.S.C. 1716); or is in excess of the needs of the National For- of Agriculture shall convey, without consid- (B) if not equal, shall be equalized in ac- est System. eration, to the King and Kittitas Counties cordance with paragraph (2). (2) REQUIREMENTS.—A determination under Fire District #51 of King and Kittitas Coun- paragraph (1) shall be made— (2) EQUALIZATION.—If the value of the Fed- ties, Washington (in this section referred to eral land and the non-Federal land to be con- (A) pursuant to an amendment of the land as the ‘‘District’’), all right, title, and inter- veyed in a land exchange under this section and resource management plan for the est of the United States in and to a parcel of is not equal, the value may be equalized by— Wasatch-Cache National Forest; and National Forest System land in Kittitas (A) making a cash equalization payment to (B) after carrying out a public process con- County, Washington, consisting of approxi- the Secretary or to the City, as appropriate; sistent with the National Environmental 1 1 mately 1.5 acres within the SW ⁄4 of the SE ⁄4 or Policy Act of 1969 (42 U.S.C. 4321 et seq.). of section 4, township 22 north, range 11 east, (B) reducing the acreage of the Federal (3) CONSIDERATION.—As consideration for Willamette meridian, for the purpose of per- land or the non-Federal land to be ex- any conveyance of Federal land under para- mitting the District to use the parcel as a changed, as appropriate. graph (1), the Secretary shall require pay- site for a new Snoqualmie Pass fire and res- (e) APPLICABLE LAW.—Section 206 of the ment of an amount equal to not less than the cue station. Federal Land Policy and Management Act of fair market value of the conveyed National (b) REVERSIONARY INTEREST.—If the Sec- 1976 (43 U.S.C. 1716) shall apply to the land Forest System land. retary determines at any time that the real exchange authorized under subsection (b), (4) RELATION TO OTHER LAWS.—Any convey- property conveyed under subsection (a) is except that the Secretary may accept a cash ance of Federal land under paragraph (1) by not being used in accordance with the pur- equalization payment in excess of 25 percent exchange shall be subject to section 206 of pose of the conveyance specified in such sub- of the value of the Federal land. the Federal Land Policy and Management section, all right, title, and interest in and (f) CONDITIONS.— Act of 1976 (43 U.S.C. 1716). to the property shall revert, at the option of (1) LIABILITY.— (5) DISPOSITION OF PROCEEDS.—Any the Secretary, to the United States, and the (A) IN GENERAL.—As a condition of the ex- amounts received by the Secretary as consid- United States shall have the right of imme- change under subsection (b), the Secretary eration under subsection (d) or paragraph (3) diate entry onto the property. Any deter- shall— shall be— mination of the Secretary under this sub- (i) require that the City— (A) deposited in the fund established under section shall be made on the record after an (I) assume all liability for the shooting Public Law 90–171 (commonly known as the opportunity for a hearing. range located on the Federal land, including ‘‘Sisk Act’’) (16 U.S.C. 484a); and (c) SURVEY.—If necessary, the exact acre- the past, present, and future condition of the (B) available to the Secretary, without fur- age and legal description of the lands to be Federal land; and ther appropriation and until expended, for conveyed under subsection (a) shall be deter- (II) hold the United States harmless for the acquisition of land or interests in land to mined by a survey satisfactory to the Sec- any liability for the condition of the Federal be included in the Wasatch-Cache National retary. The cost of a survey shall be borne by land; and Forest. the District. (ii) comply with the hazardous substances (6) ADDITIONAL TERMS AND CONDITIONS.— (d) ADDITIONAL TERMS AND CONDITIONS.— disclosure requirements of section 120(h) of Any conveyance of Federal land under para- The Secretary may require such additional the Comprehensive Environmental Response, graph (1) shall be subject to— terms and conditions in connection with the Compensation, and Liability Act of 1980 (42 (A) valid existing rights; and conveyance under subsection (a) as the Sec- U.S.C. 9620(h)). (B) such additional terms and conditions as retary considers appropriate to protect the (B) LIMITATION.—Clauses (ii) and (iii) of the Secretary may require. interests of the United States. section 120(h)(3)(A) of the Comprehensive En- SEC. 3308. BOUNDARY ADJUSTMENT, FRANK SEC. 3306. MAMMOTH COMMUNITY WATER DIS- vironmental Response, Compensation, and CHURCH RIVER OF NO RETURN WIL- TRICT USE RESTRICTIONS. Liability Act (42 U.S.C. 9620(h)(3)(A)) shall DERNESS. Notwithstanding Public Law 90–171 (com- not apply to the conveyance of Federal land (a) PURPOSES.—The purposes of this section monly known as the ‘‘Sisk Act’’) (16 U.S.C. under subsection (b). are— 484a), the approximately 36.25 acres patented (2) ADDITIONAL TERMS AND CONDITIONS.— (1) to adjust the boundaries of the wilder- to the Mammoth County Water District (now The land exchange under subsection (b) shall ness area; and known as the ‘‘Mammoth Community Water be subject to— (2) to authorize the Secretary to sell the District’’) by Patent No. 04–87–0038, on June (A) valid existing rights; and land designated for removal from the wilder- 26, 1987, and recorded in volume 482, at page (B) such additional terms and conditions as ness area due to encroachment. 516, of the official records of the Recorder’s the Secretary may require. (b) DEFINITIONS.—In this section:

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(1) LAND DESIGNATED FOR EXCLUSION.—The under Public Law 90–171 (commonly known (4) Great Outdoors Colorado. term ‘‘land designated for exclusion’’ means as the ‘‘Sisk Act’’) (16 U.S.C. 484a). (5) Boulder, Jefferson, and Gilpin Counties, the parcel of land that is— (B) AVAILABILITY AND USE.—Amounts de- Colorado. (A) comprised of approximately 10.2 acres posited under subparagraph (A)— (c) LIMITATION.—If the State and local en- of land; (i) shall remain available until expended tities specified in subsection (b) do not sup- (B) generally depicted on the survey plat for the acquisition of land for National For- port and participate in the conduct of the entitled ‘‘Proposed Boundary Change est purposes in the State of Idaho; and study and the development of the report FCRONRW Sections 15 (unsurveyed) Town- (ii) shall not be subject to transfer or re- under this section, the Secretary may— ship 14 North, Range 13 East, B.M., Custer programming for— (1) decrease the area covered by the study County, Idaho’’ and dated November 14, 2001; (I) wildland fire management; or area, as appropriate; or and (II) any other emergency purposes. (2)(A) opt not to conduct the study or de- (C) more particularly described in the sur- SEC. 3309. SANDIA PUEBLO LAND EXCHANGE velop the report; and vey plat and legal description on file in— TECHNICAL AMENDMENT. (B) submit to the Committee on Energy (i) the office of the Chief of the Forest Section 413(b) of the T’uf Shur Bien Preser- and Natural Resources of the Senate and the Service, Washington, DC; and vation Trust Area Act (16 U.S.C. 539m–11) is Committee on Natural Resources of the (ii) the office of the Intermountain Re- amended— House of Representatives notice of the deci- gional Forester, Ogden, Utah. (1) in paragraph (1), by inserting ‘‘3,’’ after sion not to conduct the study or develop the (2) LAND DESIGNATED FOR INCLUSION.—The ‘‘sections’’; and report. term ‘‘land designated for inclusion’’ means (2) in the first sentence of paragraph (4), by (d) EFFECT.—Nothing in this subtitle au- the parcel of National Forest System land inserting ‘‘, as a condition of the convey- thorizes the Secretary to take any action that is— ance,’’ before ‘‘remain’’. that would affect the use of any land not (A) comprised of approximately 10.2 acres Subtitle E—Colorado Northern Front Range owned by the United States. of land; Study TITLE IV—FOREST LANDSCAPE (B) located in unsurveyed section 22, T. 14 SEC. 3401. PURPOSE. RESTORATION N., R. 13 E., Boise Meridian, Custer County, The purpose of this subtitle is to identify SEC. 4001. PURPOSE. Idaho; options that may be available to assist in The purpose of this title is to encourage (C) generally depicted on the map entitled maintaining the open space characteristics the collaborative, science-based ecosystem ‘‘Challis National Forest, T.14 N., R. 13 E., of land that is part of the mountain back- restoration of priority forest landscapes B.M., Custer County, Idaho, Proposed Bound- drop of communities in the northern section through a process that— ary Change FCRONRW’’ and dated Sep- of the Front Range area of Colorado. (1) encourages ecological, economic, and tember 19, 2007; and SEC. 3402. DEFINITIONS. social sustainability; (D) more particularly described on the map In this subtitle: (2) leverages local resources with national and legal description on file in— (1) SECRETARY.—The term ‘‘Secretary’’ and private resources; (i) the office of the Chief of the Forest means the Secretary of Agriculture, acting (3) facilitates the reduction of wildfire Service, Washington, DC; and through the Chief of the Forest Service. management costs, including through rees- (ii) the Intermountain Regional Forester, (2) STATE.—The term ‘‘State’’ means the tablishing natural fire regimes and reducing Ogden, Utah. State of Colorado. the risk of uncharacteristic wildfire; and (3) SECRETARY.—The term ‘‘Secretary’’ (3) STUDY AREA.— (4) demonstrates the degree to which— means the Secretary of Agriculture. (A) IN GENERAL.—The term ‘‘study area’’ (A) various ecological restoration tech- (4) WILDERNESS AREA.—The term ‘‘wilder- means the land in southern Boulder, north- niques— ness area’’ means the Frank Church River of ern Jefferson, and northern Gilpin Counties, (i) achieve ecological and watershed health No Return Wilderness designated by section Colorado, that is located west of Colorado objectives; and 3 of the Central Idaho Wilderness Act of 1980 State Highway 93, south and east of Colorado (ii) affect wildfire activity and manage- (16 U.S.C. 1132 note; 94 Stat. 948). State Highway 119, and north of Colorado ment costs; and (c) BOUNDARY ADJUSTMENT.— State Highway 46, as generally depicted on (B) the use of forest restoration byproducts (1) ADJUSTMENT TO WILDERNESS AREA.— the map entitled ‘‘Colorado Northern Front can offset treatment costs while benefitting (A) INCLUSION.—The wilderness area shall Range Mountain Backdrop Protection Study local rural economies and improving forest include the land designated for inclusion. Act: Study Area’’ and dated August 27, 2008. health. (B) EXCLUSION.—The wilderness area shall (B) EXCLUSIONS.—The term ‘‘study area’’ SEC. 4002. DEFINITIONS. not include the land designated for exclu- does not include land within the city limits In this title: sion. of the cities of Arvada, Boulder, or Golden, (1) FUND.—The term ‘‘Fund’’ means the (2) CORRECTIONS TO LEGAL DESCRIPTIONS.— Colorado. Collaborative Forest Landscape Restoration The Secretary may make corrections to the (4) UNDEVELOPED LAND.—The term ‘‘unde- Fund established by section 4003(f). legal descriptions. veloped land’’ means land— (2) PROGRAM.—The term ‘‘program’’ means (d) CONVEYANCE OF LAND DESIGNATED FOR (A) that is located within the study area; the Collaborative Forest Landscape Restora- EXCLUSION.— (B) that is free or primarily free of struc- tion Program established under section (1) IN GENERAL.—Subject to paragraph (2), tures; and 4003(a). to resolve the encroachment on the land des- (C) the development of which is likely to (3) PROPOSAL.—The term ‘‘proposal’’ means ignated for exclusion, the Secretary may sell affect adversely the scenic, wildlife, or rec- a collaborative forest landscape restoration for consideration in an amount equal to fair reational value of the study area. proposal described in section 4003(b). market value— SEC. 3403. COLORADO NORTHERN FRONT RANGE (4) SECRETARY.—The term ‘‘Secretary’’ (A) the land designated for exclusion; and MOUNTAIN BACKDROP STUDY. means the Secretary of Agriculture, acting (B) as the Secretary determines to be nec- (a) STUDY; REPORT.—Not later than 1 year through the Chief of the Forest Service. essary, not more than 10 acres of land adja- after the date of enactment of this Act and (5) STRATEGY.—The term ‘‘strategy’’ means cent to the land designated for exclusion. except as provided in subsection (c), the Sec- a landscape restoration strategy described in (2) CONDITIONS.—The sale of land under retary shall— section 4003(b)(1). paragraph (1) shall be subject to the condi- (1) conduct a study of the land within the SEC. 4003. COLLABORATIVE FOREST LANDSCAPE tions that— study area; and RESTORATION PROGRAM. (A) the land to be conveyed be appraised in (2) complete a report that— (a) IN GENERAL.—The Secretary, in con- accordance with the Uniform Appraisal (A) identifies the present ownership of the sultation with the Secretary of the Interior, Standards for Federal Land Acquisitions; land within the study area; shall establish a Collaborative Forest Land- (B) the person buying the land shall pay— (B) identifies any undeveloped land that scape Restoration Program to select and (i) the costs associated with appraising may be at risk of development; and fund ecological restoration treatments for and, if the land needs to be resurveyed, re- (C) describes any actions that could be priority forest landscapes in accordance surveying the land; and taken by the United States, the State, a po- with— (ii) any analyses and closing costs associ- litical subdivision of the State, or any other (1) the Endangered Species Act of 1973 (16 ated with the conveyance; parties to preserve the open and undeveloped U.S.C. 1531 et seq.); (C) for management purposes, the Sec- character of the land within the study area. (2) the National Environmental Policy Act retary may reconfigure the description of (b) REQUIREMENTS.—The Secretary shall of 1969 (42 U.S.C. 4321 et seq.); and the land for sale; and conduct the study and develop the report (3) any other applicable law. (D) the owner of the adjacent private land under subsection (a) with the support and (b) ELIGIBILITY CRITERIA.—To be eligible shall have the first opportunity to buy the participation of 1 or more of the following for nomination under subsection (c), a col- land. State and local entities: laborative forest landscape restoration pro- (3) DISPOSITION OF PROCEEDS.— (1) The Colorado Department of Natural posal shall— (A) IN GENERAL.—The Secretary shall de- Resources. (1) be based on a landscape restoration posit the cash proceeds from a sale of land (2) Colorado State Forest Service. strategy that— under paragraph (1) in the fund established (3) Colorado State Conservation Board. (A) is complete or substantially complete;

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.039 S15JAPT1 jbell on PROD1PC69 with SENATE S472 CONGRESSIONAL RECORD — SENATE January 15, 2009 (B) identifies and prioritizes ecological res- (5) estimate— nomination shall include a plan to fund such toration treatments for a 10-year period (A) the annual Federal funding necessary actions, consistent with the strategy, by the within a landscape that is— to implement the proposal; and appropriate— (i) at least 50,000 acres; (B) the amount of new non-Federal invest- (i) State Director of the Bureau of Land (ii) comprised primarily of forested Na- ment for carrying out the proposal that Management; tional Forest System land, but may also in- would be leveraged; (ii) Regional Director of the Bureau of In- clude land under the jurisdiction of the Bu- (6) describe the collaborative process dian Affairs; or reau of Land Management, land under the ju- through which the proposal was developed, (iii) other official of the Department of the risdiction of the Bureau of Indian Affairs, or including a description of— Interior; and other Federal, State, tribal, or private land; (A) participation by or consultation with (C) if actions on land not under the juris- (iii) in need of active ecosystem restora- State, local, and Tribal governments; and diction of the Secretary or the Secretary of tion; and (B) any established record of successful the Interior are proposed, the appropriate (iv) accessible by existing or proposed collaborative planning and implementation Regional Forester shall provide evidence wood-processing infrastructure at an appro- of ecological restoration projects on Na- that the landowner intends to participate in, priate scale to use woody biomass and small- tional Forest System land and other land in- and provide appropriate funding to carry diameter wood removed in ecological res- cluded in the proposal by the collaborators; out, the actions. toration treatments; and (d) SELECTION PROCESS.— (C) incorporates the best available science (7) benefit local economies by providing (1) IN GENERAL.—After consulting with the and scientific application tools in ecological local employment or training opportunities advisory panel established under subsection restoration strategies; through contracts, grants, or agreements for (e), the Secretary, in consultation with the (D) fully maintains, or contributes toward restoration planning, design, implementa- Secretary of the Interior, shall, subject to the restoration of, the structure and com- tion, or monitoring with— paragraph (2), select the best proposals position of old growth stands according to (A) local private, nonprofit, or cooperative that— the pre-fire suppression old growth condi- entities; (A) have been nominated under subsection tions characteristic of the forest type, tak- (B) Youth Conservation Corps crews or re- (c)(2); and ing into account the contribution of the lated partnerships, with State, local, and (B) meet the eligibility criteria established stand to landscape fire adaptation and wa- non-profit youth groups; by subsection (b). tershed health and retaining the large trees (C) existing or proposed small or micro- (2) CRITERIA.—In selecting proposals under contributing to old growth structure; businesses, clusters, or incubators; or paragraph (1), the Secretary shall give spe- (E) would carry out any forest restoration (D) other entities that will hire or train cial consideration to— treatments that reduce hazardous fuels by— local people to complete such contracts, (A) the strength of the proposal and strat- (i) focusing on small diameter trees, grants, or agreements; and egy; thinning, strategic fuel breaks, and fire use (8) be subject to any other requirements (B) the strength of the ecological case of to modify fire behavior, as measured by the that the Secretary, in consultation with the the proposal and the proposed ecological res- projected reduction of uncharacteristically Secretary of the Interior, determines to be toration strategies; severe wildfire effects for the forest type necessary for the efficient and effective ad- (C) the strength of the collaborative proc- (such as adverse soil impacts, tree mortality ministration of the program. ess and the likelihood of successful collabo- or other impacts); and (c) NOMINATION PROCESS.— ration throughout implementation; (ii) maximizing the retention of large (1) SUBMISSION.—A proposal shall be sub- trees, as appropriate for the forest type, to mitted to— (D) whether the proposal is likely to the extent that the trees promote fire-resil- (A) the appropriate Regional Forester; and achieve reductions in long-term wildfire ient stands; and (B) if actions under the jurisdiction of the management costs; (F)(i) does not include the establishment of Secretary of the Interior are proposed, the (E) whether the proposal would reduce the permanent roads; and appropriate— relative costs of carrying out ecological res- (ii) would commit funding to decommis- (i) State Director of the Bureau of Land toration treatments as a result of the use of sion all temporary roads constructed to Management; woody biomass and small-diameter trees; carry out the strategy; (ii) Regional Director of the Bureau of In- and (2) be developed and implemented through dian Affairs; or (F) whether an appropriate level of non- a collaborative process that— (iii) other official of the Department of the Federal investment would be leveraged in (A) includes multiple interested persons Interior. carrying out the proposal. representing diverse interests; and (2) NOMINATION.— (3) LIMITATION.—The Secretary may select (B)(i) is transparent and nonexclusive; or (A) IN GENERAL.—A Regional Forester may not more than— (ii) meets the requirements for a resource nominate for selection by the Secretary any (A) 10 proposals to be funded during any advisory committee under subsections (c) proposals that meet the eligibility criteria fiscal year; through (f) of section 205 of Public Law 106– established by subsection (b). (B) 2 proposals in any 1 region of the Na- 393 (16 U.S.C. 500 note); (B) CONCURRENCE.—Any proposal nomi- tional Forest System to be funded during (3) describe plans to— nated by the Regional Forester that proposes any fiscal year; and (A) reduce the risk of uncharacteristic actions under the jurisdiction of the Sec- (C) the number of proposals that the Sec- wildfire, including through the use of fire for retary of the Interior shall include the con- retary determines are likely to receive ade- ecological restoration and maintenance and currence of the appropriate— quate funding. reestablishing natural fire regimes, where (i) State Director of the Bureau of Land (e) ADVISORY PANEL.— appropriate; Management; (1) IN GENERAL.—The Secretary shall estab- (B) improve fish and wildlife habitat, in- (ii) Regional Director of the Bureau of In- lish and maintain an advisory panel com- cluding for endangered, threatened, and sen- dian Affairs; or prised of not more than 15 members to evalu- sitive species; (iii) other official of the Department of the ate, and provide recommendations on, each (C) maintain or improve water quality and Interior. proposal that has been nominated under sub- watershed function; (3) DOCUMENTATION.—With respect to each section (c)(2). (D) prevent, remediate, or control inva- proposal that is nominated under paragraph (2) REPRESENTATION.—The Secretary shall sions of exotic species; (2)— ensure that the membership of the advisory (E) maintain, decommission, and rehabili- (A) the appropriate Regional Forester panel is fairly balanced in terms of the tate roads and trails; shall— points of view represented and the functions (F) use woody biomass and small-diameter (i) include a plan to use Federal funds allo- to be performed by the advisory panel. trees produced from projects implementing cated to the region to fund those costs of (3) INCLUSION.—The advisory panel shall in- the strategy; planning and carrying out ecological restora- clude experts in ecological restoration, fire (G) report annually on performance, in- tion treatments on National Forest System ecology, fire management, rural economic cluding through performance measures from land, consistent with the strategy, that development, strategies for ecological adap- the plan entitled the ‘‘10 Year Comprehen- would not be covered by amounts transferred tation to climate change, fish and wildlife sive Strategy Implementation Plan’’ and to the Secretary from the Fund; and ecology, and woody biomass and small-di- dated December 2006; and (ii) provide evidence that amounts pro- ameter tree utilization. (H) take into account any applicable com- posed to be transferred to the Secretary from (f) COLLABORATIVE FOREST LANDSCAPE RES- munity wildfire protection plan; the Fund during the first 2 fiscal years fol- TORATION FUND.— (4) analyze any anticipated cost savings, lowing selection would be used to carry out (1) ESTABLISHMENT.—There is established including those resulting from— ecological restoration treatments consistent in the Treasury of the United States a fund, (A) reduced wildfire management costs; with the strategy during the same fiscal year to be known as the ‘‘Collaborative Forest and in which the funds are transferred to the Landscape Restoration Fund’’, to be used to (B) a decrease in the unit costs of imple- Secretary; pay up to 50 percent of the cost of carrying menting ecological restoration treatments (B) if actions under the jurisdiction of the out and monitoring ecological restoration over time; Secretary of the Interior are proposed, the treatments on National Forest System land

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.039 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S473 for each proposal selected to be carried out (D) the results of the multiparty moni- (C) each year, recreational activities on under subsection (d). toring, evaluation, and accountability proc- the rivers and streams of the headwaters of (2) INCLUSION.—The cost of carrying out ec- ess under paragraph (4); and the Snake River System generate millions of ological restoration treatments as provided (E) a summary of the costs of— dollars for the economies of— in paragraph (1) may, as the Secretary deter- (i) treatments; and (i) Teton County, Wyoming; and mines to be appropriate, include cancellation (ii) relevant fire management activities. (ii) Lincoln County, Wyoming; and termination costs required to be obli- (4) MULTIPARTY MONITORING.—The Sec- (D) to ensure that future generations of gated for contracts to carry out ecological retary shall, in collaboration with the Sec- citizens of the United States enjoy the bene- restoration treatments on National Forest retary of the Interior and interested persons, fits of the rivers and streams of the head- System land for each proposal selected to be use a multiparty monitoring, evaluation, waters of the Snake River System, Congress carried out under subsection (d). and accountability process to assess the should apply the protections provided by the (3) CONTENTS.—The Fund shall consist of positive or negative ecological, social, and Wild and Scenic Rivers Act (16 U.S.C. 1271 et such amounts as are appropriated to the economic effects of projects implementing a seq.) to those rivers and streams; and Fund under paragraph (6). selected proposal for not less than 15 years (E) the designation of the rivers and (4) EXPENDITURES FROM FUND.— after project implementation commences. streams of the headwaters of the Snake (A) IN GENERAL.—On request by the Sec- (h) REPORT.—Not later than 5 years after River System under the Wild and Scenic Riv- retary, the Secretary of the Treasury shall the first fiscal year in which funding is made ers Act (16 U.S.C. 1271 et seq.) will signify to transfer from the Fund to the Secretary such available to carry out ecological restoration the citizens of the United States the impor- amounts as the Secretary determines are ap- projects under the program, and every 5 tance of maintaining the outstanding and re- propriate, in accordance with paragraph (1). years thereafter, the Secretary, in consulta- markable qualities of the Snake River Sys- (B) LIMITATION.—The Secretary shall not tion with the Secretary of the Interior, shall tem while— expend money from the Fund on any 1 pro- submit a report on the program, including an (i) preserving public access to those rivers posal— assessment of whether, and to what extent, and streams; (i) during a period of more than 10 fiscal the program is fulfilling the purposes of this (ii) respecting private property rights (in- years; or title, to— cluding existing water rights); and (ii) in excess of $4,000,000 in any 1 fiscal (1) the Committee on Energy and Natural (iii) continuing to allow historic uses of year. Resources of the Senate; the rivers and streams. (5) ACCOUNTING AND REPORTING SYSTEM.— (2) the Committee on Appropriations of the (2) PURPOSES.—The purposes of this section The Secretary shall establish an accounting Senate; are— and reporting system for the Fund. (3) the Committee on Natural Resources of (A) to protect for current and future gen- erations of citizens of the United States the (6) AUTHORIZATION OF APPROPRIATIONS.— the House of Representatives; and There is authorized to be appropriated to the (4) the Committee on Appropriations of the outstandingly remarkable scenic, natural, Fund $40,000,000 for each of fiscal years 2009 House of Representatives. wildlife, fishery, recreational, scientific, his- toric, and ecological values of the rivers and through 2019, to remain available until ex- SEC. 4004. AUTHORIZATION OF APPROPRIATIONS. pended. streams of the headwaters of the Snake There are authorized to be appropriated to River System, while continuing to deliver (g) PROGRAM IMPLEMENTATION AND MONI- the Secretary and the Secretary of the Inte- water and operate and maintain valuable ir- TORING.— rior such sums as are necessary to carry out rigation water infrastructure; and (1) WORK PLAN.—Not later than 180 days this title. (B) to designate approximately 387.7 miles after the date on which a proposal is selected TITLE V—RIVERS AND TRAILS of the rivers and streams of the headwaters to be carried out, the Secretary shall create, Subtitle A—Additions to the National Wild of the Snake River System as additions to in collaboration with the interested persons, and Scenic Rivers System the National Wild and Scenic Rivers System. an implementation work plan and budget to (c) DEFINITIONS.—In this section: SEC. 5001. FOSSIL CREEK, ARIZONA. implement the proposal that includes— (1) SECRETARY CONCERNED.—The term ‘‘Sec- (A) a description of the manner in which Section 3(a) of the Wild and Scenic Rivers retary concerned’’ means— the proposal would be implemented to Act (16 U.S.C. 1274(a)) (as amended by section (A) the Secretary of Agriculture (acting achieve ecological and community economic 1852) is amended by adding at the end the fol- through the Chief of the Forest Service), benefit, including capacity building to ac- lowing: with respect to each river segment described complish restoration; ‘‘(205) FOSSIL CREEK, ARIZONA.—Approxi- in paragraph (205) of section 3(a) of the Wild (B) a business plan that addresses— mately 16.8 miles of Fossil Creek from the and Scenic Rivers Act (16 U.S.C. 1274(a)) (as (i) the anticipated unit treatment cost re- confluence of Sand Rock and Calf Pen Can- added by subsection (d)) that is not located ductions over 10 years; yons to the confluence with the Verde River, in— (ii) the anticipated costs for infrastructure to be administered by the Secretary of Agri- (i) Grand Teton National Park; needed for the proposal; culture in the following classes: (ii) Yellowstone National Park; (iii) the projected sustainability of the sup- ‘‘(A) The approximately 2.7-mile segment (iii) the John D. Rockefeller, Jr. Memorial ply of woody biomass and small-diameter from the confluence of Sand Rock and Calf Parkway; or trees removed in ecological restoration Pen Canyons to the point where the segment (iv) the National Elk Refuge; and treatments; and exits the Fossil Spring Wilderness, as a wild (B) the Secretary of the Interior, with re- (iv) the projected local economic benefits river. spect to each river segment described in of the proposal; ‘‘(B) The approximately 7.5-mile segment paragraph (205) of section 3(a) of the Wild (C) documentation of the non-Federal in- from where the segment exits the Fossil and Scenic Rivers Act (16 U.S.C. 1274(a)) (as vestment in the priority landscape, including Creek Wilderness to the boundary of the added by subsection (d)) that is located in— the sources and uses of the investments; and Mazatzal Wilderness, as a recreational river. (i) Grand Teton National Park; (D) a plan to decommission any temporary ‘‘(C) The 6.6-mile segment from the bound- (ii) Yellowstone National Park; roads established to carry out the proposal. ary of the Mazatzal Wilderness downstream (iii) the John D. Rockefeller, Jr. Memorial (2) PROJECT IMPLEMENTATION.—Amounts to the confluence with the Verde River, as a Parkway; or transferred to the Secretary from the Fund wild river.’’. (iv) the National Elk Refuge. shall be used to carry out ecological restora- SEC. 5002. SNAKE RIVER HEADWATERS, WYO- (2) STATE.—The term ‘‘State’’ means the tion treatments that are— MING. State of Wyoming. (A) consistent with the proposal and strat- (a) SHORT TITLE.—This section may be (d) WILD AND SCENIC RIVER DESIGNATIONS, egy; and cited as the ‘‘Craig Thomas Snake Head- SNAKE RIVER HEADWATERS, WYOMING.—Sec- (B) identified through the collaborative waters Legacy Act of 2008’’. tion 3(a) of the Wild and Scenic Rivers Act process described in subsection (b)(2). (b) FINDINGS; PURPOSES.— (16 U.S.C. 1274(a)) (as amended by section (3) ANNUAL REPORT.—The Secretary, in col- (1) FINDINGS.—Congress finds that— 5001) is amended by adding at the end the fol- laboration with the Secretary of the Interior (A) the headwaters of the Snake River Sys- lowing: and interested persons, shall prepare an an- tem in northwest Wyoming feature some of ‘‘(206) SNAKE RIVER HEADWATERS, WYO- nual report on the accomplishments of each the cleanest sources of freshwater, healthiest MING.—The following segments of the Snake selected proposal that includes— native trout fisheries, and most intact rivers River System, in the State of Wyoming: (A) a description of all acres (or other ap- and streams in the lower 48 States; ‘‘(A) BAILEY CREEK.—The 7-mile segment of propriate unit) treated and restored through (B) the rivers and streams of the head- Bailey Creek, from the divide with the Little projects implementing the strategy; waters of the Snake River System— Greys River north to its confluence with the (B) an evaluation of progress, including (i) provide unparalleled fishing, hunting, Snake River, as a wild river. performance measures and how prior year boating, and other recreational activities ‘‘(B) BLACKROCK CREEK.—The 22-mile seg- evaluations have contributed to improved for— ment from its source to the Bridger-Teton project performance; (I) local residents; and National Forest boundary, as a scenic river. (C) a description of community benefits (II) millions of visitors from around the ‘‘(C) BUFFALO FORK OF THE SNAKE RIVER.— achieved, including any local economic bene- world; and The portions of the Buffalo Fork of the fits; (ii) are national treasures; Snake River, consisting of—

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‘‘(i) the 55-mile segment consisting of the ‘‘(M) WOLF CREEK.—The 7-mile segment SEC. 5003. TAUNTON RIVER, MASSACHUSETTS. North Fork, the Soda Fork, and the South from its source to its confluence with the (a) DESIGNATION.—Section 3(a) of the Wild Fork, upstream from Turpin Meadows, as a Snake River, as a wild river.’’. and Scenic Rivers Act (16 U.S.C. 1274(a)) (as wild river; (e) MANAGEMENT.— amended by section 5002(d)) is amended by ‘‘(ii) the 14-mile segment from Turpin (1) IN GENERAL.—Each river segment de- adding at the end the following: Meadows to the upstream boundary of Grand scribed in paragraph (205) of section 3(a) of ‘‘(206) TAUNTON RIVER, MASSACHUSETTS.— Teton National Park, as a scenic river; and the Wild and Scenic Rivers Act (16 U.S.C. The main stem of the Taunton River from its ‘‘(iii) the 7.7-mile segment from the up- headwaters at the confluence of the Town stream boundary of Grand Teton National 1274(a)) (as added by subsection (d)) shall be managed by the Secretary concerned. and Matfield Rivers in the Town of Bridge- Park to its confluence with the Snake River, water downstream 40 miles to the confluence (2) MANAGEMENT PLAN.— as a scenic river. with the Quequechan River at the Route 195 ‘‘(D) CRYSTAL CREEK.—The portions of (A) IN GENERAL.—In accordance with sub- paragraph (A), not later than 3 years after Bridge in the City of Fall River, to be admin- Crystal Creek, consisting of— istered by the Secretary of the Interior in ‘‘(i) the 14-mile segment from its source to the date of enactment of this Act, the Sec- retary concerned shall develop a manage- cooperation with the Taunton River Stew- the Gros Ventre Wilderness boundary, as a ardship Council as follows: wild river; and ment plan for each river segment described in paragraph (205) of section 3(a) of the Wild ‘‘(A) The 18-mile segment from the con- ‘‘(ii) the 5-mile segment from the Gros fluence of the Town and Matfield Rivers to Ventre Wilderness boundary to its con- and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) that is located in an Route 24 in the Town of Raynham, as a sce- fluence with the Gros Ventre River, as a sce- nic river. nic river. area under the jurisdiction of the Secretary concerned. ‘‘(B) The 5-mile segment from Route 24 to ‘‘(E) GRANITE CREEK.—The portions of 0.5 miles below Weir Bridge in the City of Granite Creek, consisting of— (B) REQUIRED COMPONENT.—Each manage- ment plan developed by the Secretary con- Taunton, as a recreational river. ‘‘(i) the 12-mile segment from its source to ‘‘(C) The 8-mile segment from 0.5 miles the end of Granite Creek Road, as a wild cerned under subparagraph (A) shall contain, with respect to the river segment that is the below Weir Bridge to Muddy Cove in the river; and Town of Dighton, as a scenic river. ‘‘(ii) the 9.5-mile segment from Granite Hot subject of the plan, a section that contains ‘‘(D) The 9-mile segment from Muddy Cove Springs to the point 1 mile upstream from an analysis and description of the avail- to the confluence with the Quequechan River its confluence with the Hoback River, as a ability and compatibility of future develop- at the Route 195 Bridge in the City of Fall scenic river. ment with the wild and scenic character of River, as a recreational river.’’. ‘‘(F) GROS VENTRE RIVER.—The portions of the river segment (with particular emphasis the Gros Ventre River, consisting of— on each river segment that contains 1 or (b) MANAGEMENT OF TAUNTON RIVER, MAS- ‘‘(i) the 16.5-mile segment from its source more parcels of private land). SACHUSETTS.— to Darwin Ranch, as a wild river; (3) QUANTIFICATION OF WATER RIGHTS RE- (1) TAUNTON RIVER STEWARDSHIP PLAN.— ‘‘(ii) the 39-mile segment from Darwin SERVED BY RIVER SEGMENTS.— (A) IN GENERAL.—Each river segment des- Ranch to the upstream boundary of Grand (A) The Secretary concerned shall apply ignated by section 3(a)(206) of the Wild and Teton National Park, excluding the section for the quantification of the water rights re- Scenic Rivers Act (as added by subsection along Lower Slide Lake, as a scenic river; served by each river segment designated by (a)) shall be managed in accordance with the and this section in accordance with the proce- Taunton River Stewardship Plan, dated July ‘‘(iii) the 3.3-mile segment flowing across dural requirements of the laws of the State 2005 (including any amendment to the Taun- the southern boundary of Grand Teton Na- of Wyoming. ton River Stewardship Plan that the Sec- tional Park to the Highlands Drive Loop (B) For the purpose of the quantification of retary of the Interior (referred to in this sub- Bridge, as a scenic river. water rights under this subsection, with re- section as the ‘‘Secretary’’) determines to be ‘‘(G) HOBACK RIVER.—The 10-mile segment spect to each Wild and Scenic River segment consistent with this section). from the point 10 miles upstream from its designated by this section— (B) EFFECT.—The Taunton River Steward- confluence with the Snake River to its con- (i) the purposes for which the segments are ship Plan described in subparagraph (A) shall fluence with the Snake River, as a rec- designated, as set forth in this section, are be considered to satisfy each requirement re- reational river. declared to be beneficial uses; and lating to the comprehensive management ‘‘(H) LEWIS RIVER.—The portions of the (ii) the priority date of such right shall be plan required under section 3(d) of the Wild Lewis River, consisting of— the date of enactment of this Act. and Scenic Rivers Act (16 U.S.C. 1274(d)). ‘‘(i) the 5-mile segment from Shoshone (4) STREAM GAUGES.—Consistent with the (2) COOPERATIVE AGREEMENTS.—To provide Lake to Lewis Lake, as a wild river; and Wild and Scenic Rivers Act (16 U.S.C. 1271 et for the long-term protection, preservation, ‘‘(ii) the 12-mile segment from the outlet of seq.), the Secretary may carry out activities and enhancement of each river segment des- Lewis Lake to its confluence with the Snake at United States Geological Survey stream ignated by section 3(a)(206) of the Wild and River, as a scenic river. gauges that are located on the Snake River Scenic Rivers Act (as added by subsection ‘‘(I) PACIFIC CREEK.—The portions of Pa- (including tributaries of the Snake River), (a)), pursuant to sections 10(e) and 11(b)(1) of cific Creek, consisting of— including flow measurements and operation, the Wild and Scenic Rivers Act (16 U.S.C. ‘‘(i) the 22.5-mile segment from its source maintenance, and replacement. 1281(e) and 1282(b)(1)), the Secretary may to the Teton Wilderness boundary, as a wild (5) CONSENT OF PROPERTY OWNER.—No prop- enter into cooperative agreements (which river; and erty or interest in property located within may include provisions for financial and ‘‘(ii) the 11-mile segment from the Wilder- the boundaries of any river segment de- other assistance) with— ness boundary to its confluence with the scribed in paragraph (205) of section 3(a) of (A) the Commonwealth of Massachusetts Snake River, as a scenic river. the Wild and Scenic Rivers Act (16 U.S.C. (including political subdivisions of the Com- ‘‘(J) SHOAL CREEK.—The 8-mile segment 1274(a)) (as added by subsection (d)) may be monwealth of Massachusetts); from its source to the point 8 miles down- acquired by the Secretary without the con- (B) the Taunton River Stewardship Coun- stream from its source, as a wild river. sent of the owner of the property or interest cil; and ‘‘(K) SNAKE RIVER.—The portions of the in property. (C) any appropriate nonprofit organization, Snake River, consisting of— (6) EFFECT OF DESIGNATIONS.— as determined by the Secretary. ‘‘(i) the 47-mile segment from its source to (A) IN GENERAL.—Nothing in this section (3) RELATION TO NATIONAL PARK SYSTEM.— Jackson Lake, as a wild river; affects valid existing rights, including— Notwithstanding section 10(c) of the Wild ‘‘(ii) the 24.8-mile segment from 1 mile (i) all interstate water compacts in exist- and Scenic Rivers Act (16 U.S.C. 1281(c)), downstream of Jackson Lake Dam to 1 mile ence on the date of enactment of this Act each river segment designated by section downstream of the Teton Park Road bridge (including full development of any appor- 3(a)(206) of the Wild and Scenic Rivers Act at Moose, Wyoming, as a scenic river; and tionment made in accordance with the com- (as added by subsection (a)) shall not be— ‘‘(iii) the 19-mile segment from the mouth pacts); (A) administered as a unit of the National of the Hoback River to the point 1 mile up- (ii) water rights in the States of Idaho and Park System; or stream from the Highway 89 bridge at Alpine Wyoming; and (B) subject to the laws (including regula- Junction, as a recreational river, the bound- (iii) water rights held by the United tions) that govern the administration of the ary of the western edge of the corridor for States. National Park System. the portion of the segment extending from (B) JACKSON LAKE; JACKSON LAKE DAM.— (4) LAND MANAGEMENT.— the point 3.3 miles downstream of the mouth Nothing in this section shall affect the man- (A) ZONING ORDINANCES.—The zoning ordi- of the Hoback River to the point 4 miles agement and operation of Jackson Lake or nances adopted by the Towns of Bridgewater, downstream of the mouth of the Hoback Jackson Lake Dam, including the storage, Halifax, Middleborough, Raynham, Berkley, River being the ordinary high water mark. management, and release of water. Dighton, Freetown, and Somerset, and the ‘‘(L) WILLOW CREEK.—The 16.2-mile seg- Cities of Taunton and Fall River, Massachu- ment from the point 16.2 miles upstream (f) AUTHORIZATION OF APPROPRIATIONS.— setts (including any provision of the zoning from its confluence with the Hoback River to There are authorized to be appropriated such ordinances relating to the conservation of its confluence with the Hoback River, as a sums as are necessary to carry out this sec- floodplains, wetlands, and watercourses asso- wild river. tion. ciated with any river segment designated by

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.040 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S475 section 3(a)(206) of the Wild and Scenic Riv- SEC. 5202. NEW ENGLAND NATIONAL SCENIC clysmic floods occurred in what is now the ers Act (as added by subsection (a))), shall be TRAIL. northwest region of the United States, leav- considered to satisfy each standard and re- (a) AUTHORIZATION AND ADMINISTRATION.— ing a lasting mark of dramatic and distin- quirement described in section 6(c) of the Section 5(a) of the National Trails System guishing features on the landscape of parts Wild and Scenic Rivers Act (16 U.S.C. Act (16 U.S.C. 1244(a)) (as amended by section of the States of Montana, Idaho, Washington 1277(c)). 5201) is amended by adding at the end the fol- and Oregon; (B) VILLAGES.—For the purpose of section lowing: (B) geological features that have excep- 6(c) of the Wild and Scenic Rivers Act (16 ‘‘(28) NEW ENGLAND NATIONAL SCENIC tional value and quality to illustrate and in- U.S.C. 1277(c)), each town described in sub- TRAIL.—The New England National Scenic terpret this extraordinary natural phe- paragraph (A) shall be considered to be a vil- Trail, a continuous trail extending approxi- nomenon are present on Federal, State, trib- lage. mately 220 miles from the border of New al, county, municipal, and private land in (C) ACQUISITION OF LAND.— Hampshire in the town of Royalston, Massa- the region; and (i) LIMITATION OF AUTHORITY OF SEC- chusetts to Long Island Sound in the town of (C) in 2001, a joint study team headed by RETARY.—With respect to each river segment Guilford, Connecticut, as generally depicted the National Park Service that included designated by section 3(a)(206) of the Wild on the map titled ‘New England National about 70 members from public and private and Scenic Rivers Act (as added by sub- Scenic Trail Proposed Route’, numbered T06/ entities completed a study endorsing the es- section (a)), the Secretary may only acquire 80,000, and dated October 2007. The map shall tablishment of an Ice Age Floods National parcels of land— be on file and available for public inspection Geologic Trail— (I) by donation; or in the appropriate offices of the National (i) to recognize the national significance of (II) with the consent of the owner of the Park Service. The Secretary of the Interior, this phenomenon; and parcel of land. in consultation with appropriate Federal, (ii) to coordinate public and private sector (ii) PROHIBITION RELATING TO ACQUISITION State, tribal, regional, and local agencies, entities in the presentation of the story of OF LAND BY CONDEMNATION.—In accordance and other organizations, shall administer the the Ice Age floods. with section 6(c) of the Wild and Scenic Riv- trail after considering the recommendations (2) PURPOSE.—The purpose of this section ers Act (16 U.S.C. 1277(c)), with respect to of the report titled the ‘Metacomet Monad- is to designate the Ice Age Floods National each river segment designated by section nock Mattabesset Trail System National Geologic Trail in the States of Montana, 3(a)(206) of the Wild and Scenic Rivers Act Scenic Trail Feasibility Study and Environ- Idaho, Washington, and Oregon, enabling the (as added by subsection (a)), the Secretary mental Assessment’, prepared by the Na- public to view, experience, and learn about may not acquire any parcel of land by con- tional Park Service, and dated Spring 2006. the features and story of the Ice Age floods demnation. The United States shall not acquire for the through the collaborative efforts of public Subtitle B—Wild and Scenic Rivers Studies trail any land or interest in land without the and private entities. consent of the owner.’’. SEC. 5101. MISSISQUOI AND TROUT RIVERS (b) DEFINITIONS.—In this section: STUDY. (b) MANAGEMENT.—The Secretary of the In- terior (referred to in this section as the (1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice (a) DESIGNATION FOR STUDY.—Section 5(a) Age floods’’ or ‘‘floods’’ means the cata- of the Wild and Scenic Rivers Act (16 U.S.C. ‘‘Secretary’’) shall consider the actions out- clysmic floods that occurred in what is now 1276(a)) is amended by adding at the end the lined in the Trail Management Blueprint de- the northwestern United States during the following: scribed in the report titled the ‘‘Metacomet last Ice Age from massive, rapid and recur- ‘‘(140) MISSISQUOI AND TROUT RIVERS, Monadnock Mattabesett Trail System Na- ring drainage of Glacial Lake Missoula. VERMONT.—The approximately 25-mile seg- tional Scenic Trail Feasibility Study and (2) PLAN.—The term ‘‘plan’’ means the co- ment of the upper Missisquoi from its head- Environmental Assessment’’, prepared by operative management and interpretation waters in Lowell to the Canadian border in the National Park Service, and dated Spring plan authorized under subsection (f)(5). North Troy, the approximately 25-mile seg- 2006, as the framework for management and ment from the Canadian border in East administration of the New England National (3) SECRETARY.—The term ‘‘Secretary’’ Richford to Enosburg Falls, and the approxi- Scenic Trail. Additional or more detailed means the Secretary of the Interior. mately 20-mile segment of the Trout River plans for administration, management, pro- (4) TRAIL.—The term ‘‘Trail’’ means the Ice from its headwaters to its confluence with tection, access, maintenance, or develop- Age Floods National Geologic Trail des- the Missisquoi River.’’. ment of the trail may be developed con- ignated by subsection (c). (b) STUDY AND REPORT.—Section 5(b) of the sistent with the Trail Management Blue- (c) DESIGNATION.—In order to provide for Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) print, and as approved by the Secretary. public appreciation, understanding, and en- is amended by adding at the end the fol- (c) COOPERATIVE AGREEMENTS.—The Sec- joyment of the nationally significant natural retary is authorized to enter into coopera- lowing: and cultural features of the Ice Age floods tive agreements with the Commonwealth of ‘‘(19) MISSISQUOI AND TROUT RIVERS, and to promote collaborative efforts for in- Massachusetts (and its political subdivi- VERMONT.—Not later than 3 years after the terpretation and education among public and sions), the State of Connecticut (and its po- date on which funds are made available to private entities located along the pathways litical subdivisions), and other regional, carry out this paragraph, the Secretary of local, and private organizations deemed nec- of the floods, there is designated the Ice Age the Interior shall— essary and desirable to accomplish coopera- Floods National Geologic Trail. ‘‘(A) complete the study of the Missisquoi tive trail administrative, management, and (d) LOCATION.— and Trout Rivers, Vermont, described in sub- protection objectives consistent with the (1) MAP.—The route of the Trail shall be as section (a)(140); and Trail Management Blueprint. An agreement generally depicted on the map entitled ‘‘Ice ‘‘(B) submit a report describing the results under this subsection may include provisions Age Floods National Geologic Trail,’’ num- of that study to the appropriate committees for limited financial assistance to encourage bered P43/80,000 and dated June 2004. of Congress.’’. participation in the planning, acquisition, (2) ROUTE.—The route shall generally fol- (c) AUTHORIZATION OF APPROPRIATIONS.— protection, operation, development, or main- low public roads and highways. There are authorized to be appropriated such tenance of the trail. sums as are necessary to carry out this sec- (3) REVISION.—The Secretary may revise (d) ADDITIONAL TRAIL SEGMENTS.—Pursu- tion. the map by publication in the Federal Reg- ant to section 6 of the National Trails Sys- ister of a notice of availability of a new map Subtitle C—Additions to the National Trails tem Act (16 U.S.C. 1245), the Secretary is en- as part of the plan. System couraged to work with the State of New (e) MAP AVAILABILITY.—The map referred SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL. Hampshire and appropriate local and private to in subsection (d)(1) shall be on file and Section 5(a) of the National Trails System organizations to include that portion of the available for public inspection in the appro- Act (16 U.S.C. 1244(a)) is amended by adding Metacomet-Monadnock Trail in New Hamp- priate offices of the National Park Service. at the end the following: shire (which lies between Royalston, Massa- ‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.— chusetts and Jaffrey, New Hampshire) as a (f) ADMINISTRATION.— ‘‘(A) IN GENERAL.—The Arizona National component of the New England National Sce- (1) IN GENERAL.—The Secretary, acting Scenic Trail, extending approximately 807 nic Trail. Inclusion of this segment, as well through the Director of the National Park miles across the State of Arizona from the as other potential side or connecting trails, Service, shall administer the Trail in accord- U.S.–Mexico international border to the Ari- is contingent upon written application to the ance with this section. zona–Utah border, as generally depicted on Secretary by appropriate State and local ju- (2) LIMITATION.—Except as provided in the map entitled ‘Arizona National Scenic risdictions and a finding by the Secretary paragraph (6)(B), the Trail shall not be con- Trail’ and dated December 5, 2007, to be ad- that trail management and administration is sidered to be a unit of the National Park ministered by the Secretary of Agriculture, consistent with the Trail Management Blue- System. in consultation with the Secretary of the In- print. (3) TRAIL MANAGEMENT OFFICE.—To improve terior and appropriate State, tribal, and SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC management of the Trail and coordinate local governmental agencies. TRAIL. Trail activities with other public agencies ‘‘(B) AVAILABILITY OF MAP.—The map shall (a) FINDINGS; PURPOSE.— and private entities, the Secretary may es- be on file and available for public inspection (1) FINDINGS.—Congress finds that— tablish and operate a trail management of- in appropriate offices of the Forest Serv- (A) at the end of the last Ice Age, some fice at a central location within the vicinity ice.’’. 12,000 to 17,000 years ago, a series of cata- of the Trail.

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(4) INTERPRETIVE FACILITIES.—The Sec- SEC. 5204. WASHINGTON-ROCHAMBEAU REVOLU- ‘‘(ii) The land components of the des- retary may plan, design, and construct inter- TIONARY ROUTE NATIONAL HIS- ignated water routes in Alabama, Arkansas, pretive facilities for sites associated with TORIC TRAIL. Oklahoma, and Tennessee. the Trail if the facilities are constructed in Section 5(a) of the National Trails System ‘‘(iii) The routes from the collection forts partnership with State, local, tribal, or non- Act (16 U.S.C. 1244(a)) (as amended by section in Alabama, Georgia, North Carolina, and profit entities and are consistent with the 5202(a)) is amended by adding at the end the Tennessee to the emigration depots. plan. following: ‘‘(iv) The related campgrounds located ‘‘(29) WASHINGTON-ROCHAMBEAU REVOLU- (5) MANAGEMENT PLAN.— along the routes and land components de- TIONARY ROUTE NATIONAL HISTORIC TRAIL.— (A) IN GENERAL.—Not later than 3 years scribed in clauses (i) through (iii).’’. after funds are made available to carry out ‘‘(A) IN GENERAL.—The Washington-Ro- (2) In subparagraph (D)— chambeau Revolutionary Route National this section, the Secretary shall prepare a (A) by striking the first sentence; and Historic Trail, a corridor of approximately cooperative management and interpretation (B) by adding at the end the following: ‘‘No 600 miles following the route taken by the plan for the Trail. lands or interests in lands outside the exte- armies of General George Washington and (B) CONSULTATION.—The Secretary shall rior boundaries of any federally adminis- Count Rochambeau between Newport, Rhode prepare the plan in consultation with— tered area may be acquired by the Federal Island, and Yorktown, Virginia, in 1781 and Government for the Trail of Tears National (i) State, local, and tribal governments; 1782, as generally depicted on the map enti- (ii) the Ice Age Floods Institute; Historic Trail except with the consent of the tled ‘WASHINGTON-ROCHAMBEAU REVO- owner thereof.’’. (iii) private property owners; and LUTIONARY ROUTE NATIONAL HISTORIC (iv) other interested parties. Subtitle D—National Trail System TRAIL’, numbered T01/80,001, and dated June Amendments (C) CONTENTS.—The plan shall— 2007. SEC. 5301. NATIONAL TRAILS SYSTEM WILLING (i) confirm and, if appropriate, expand on ‘‘(B) MAP.—The map referred to in subpara- SELLER AUTHORITY. the inventory of features of the floods con- graph (A) shall be on file and available for (a) AUTHORITY TO ACQUIRE LAND FROM tained in the National Park Service study public inspection in the appropriate offices WILLING SELLERS FOR CERTAIN TRAILS.— entitled ‘‘Ice Age Floods, Study of Alter- of the National Park Service. (1) OREGON NATIONAL HISTORIC TRAIL.—Sec- natives and Environmental Assessment’’ ‘‘(C) ADMINISTRATION.—The trail shall be tion 5(a)(3) of the National Trails System (February 2001) by— administered by the Secretary of the Inte- Act (16 U.S.C. 1244(a)(3)) is amended by add- (I) locating features more accurately; rior, in consultation with— ing at the end the following: ‘‘No land or in- (II) improving the description of features; ‘‘(i) other Federal, State, tribal, regional, terest in land outside the exterior bound- and and local agencies; and aries of any federally administered area may (III) reevaluating the features in terms of ‘‘(ii) the private sector. be acquired by the Federal Government for their interpretive potential; ‘‘(D) LAND ACQUISITION.—The United States the trail except with the consent of the (ii) review and, if appropriate, modify the shall not acquire for the trail any land or in- owner of the land or interest in land. The au- map of the Trail referred to in subsection terest in land outside the exterior boundary thority of the Federal Government to ac- of any federally-managed area without the (d)(1); quire fee title under this paragraph shall be (iii) describe strategies for the coordinated consent of the owner of the land or interest limited to an average of not more than 1⁄4 in land.’’. development of the Trail, including an inter- mile on either side of the trail.’’. pretive plan for facilities, waysides, roadside SEC. 5205. PACIFIC NORTHWEST NATIONAL SCE- (2) MORMON PIONEER NATIONAL HISTORIC NIC TRAIL. pullouts, exhibits, media, and programs that TRAIL.—Section 5(a)(4) of the National Trails present the story of the floods to the public Section 5(a) of the National Trails System System Act (16 U.S.C. 1244(a)(4)) is amended effectively; and Act (16 U.S.C. 1244(a)) (as amended by section by adding at the end the following: ‘‘No land (iv) identify potential partnering opportu- 5204) is amended by adding at the end the fol- or interest in land outside the exterior nities in the development of interpretive fa- lowing: boundaries of any federally administered cilities and educational programs to educate ‘‘(30) PACIFIC NORTHWEST NATIONAL SCENIC area may be acquired by the Federal Govern- the public about the story of the floods. TRAIL.— ment for the trail except with the consent of (6) COOPERATIVE MANAGEMENT.— ‘‘(A) IN GENERAL.—The Pacific Northwest the owner of the land or interest in land. The (A) IN GENERAL.—In order to facilitate the National Scenic Trail, a trail of approxi- authority of the Federal Government to ac- development of coordinated interpretation, mately 1,200 miles, extending from the Conti- quire fee title under this paragraph shall be education, resource stewardship, visitor fa- nental Divide in Glacier National Park, limited to an average of not more than 1⁄4 cility development and operation, and sci- Montana, to the Pacific Ocean Coast in mile on either side of the trail.’’. entific research associated with the Trail Olympic National Park, Washington, fol- (3) CONTINENTAL DIVIDE NATIONAL SCENIC and to promote more efficient administra- lowing the route depicted on the map enti- TRAIL.—Section 5(a)(5) of the National Trails tion of the sites associated with the Trail, tled ‘Pacific Northwest National Scenic System Act (16 U.S.C. 1244(a)(5)) is amended the Secretary may enter into cooperative Trail: Proposed Trail’, numbered T12/80,000, by adding at the end the following: ‘‘No land management agreements with appropriate and dated February 2008 (referred to in this or interest in land outside the exterior officials in the States of Montana, Idaho, paragraph as the ‘map’). boundaries of any federally administered Washington, and Oregon in accordance with ‘‘(B) AVAILABILITY OF MAP.—The map shall area may be acquired by the Federal Govern- the authority provided for units of the Na- be on file and available for public inspection ment for the trail except with the consent of tional Park System under section 3(l) of in the appropriate offices of the Forest Serv- the owner of the land or interest in land. The Public Law 91–383 (16 U.S.C. 1a–2(l)). ice. authority of the Federal Government to ac- (B) AUTHORITY.—For purposes of this para- ‘‘(C) ADMINISTRATION.—The Pacific North- quire fee title under this paragraph shall be graph only, the Trail shall be considered a west National Scenic Trail shall be adminis- limited to an average of not more than 1⁄4 unit of the National Park System. tered by the Secretary of Agriculture. mile on either side of the trail.’’. (7) COOPERATIVE AGREEMENTS.—The Sec- ‘‘(D) LAND ACQUISITION.—The United States (4) LEWIS AND CLARK NATIONAL HISTORIC retary may enter into cooperative agree- shall not acquire for the Pacific Northwest TRAIL.—Section 5(a)(6) of the National Trails ments with public or private entities to National Scenic Trail any land or interest in System Act (16 U.S.C. 1244(a)(6)) is amended carry out this section. land outside the exterior boundary of any by adding at the end the following: ‘‘No land (8) EFFECT ON PRIVATE PROPERTY RIGHTS.— federally-managed area without the consent or interest in land outside the exterior Nothing in this section— of the owner of the land or interest in land.’’. boundaries of any federally administered (A) requires any private property owner to SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC area may be acquired by the Federal Govern- allow public access (including Federal, TRAIL. ment for the trail except with the consent of State, or local government access) to private Section 5(a)(16) of the National Trails Sys- the owner of the land or interest in land. The property; or tem Act (16 U.S.C. 1244(a)(16)) is amended as authority of the Federal Government to ac- (B) modifies any provision of Federal, follows: quire fee title under this paragraph shall be State, or local law with respect to public ac- (1) By amending subparagraph (C) to read limited to an average of not more than 1⁄4 cess to or use of private land. as follows: mile on either side of the trail.’’. (9) LIABILITY.—Designation of the Trail by ‘‘(C) In addition to the areas otherwise des- (5) IDITAROD NATIONAL HISTORIC TRAIL.— subsection (c) does not create any liability ignated under this paragraph, the following Section 5(a)(7) of the National Trails System for, or affect any liability under any law of, routes and land components by which the Act (16 U.S.C. 1244(a)(7)) is amended by add- any private property owner with respect to Cherokee Nation was removed to Oklahoma ing at the end the following: ‘‘No land or in- any person injured on the private property. are components of the Trail of Tears Na- terest in land outside the exterior bound- tional Historic Trail, as generally described aries of any federally administered area may (g) AUTHORIZATION OF APPROPRIATIONS.— in the environmentally preferred alternative be acquired by the Federal Government for There are authorized to be appropriated such of the November 2007 Feasibility Study the trail except with the consent of the sums as are necessary to carry out this sec- Amendment and Environmental Assessment owner of the land or interest in land. The au- tion, of which not more than $12,000,000 may for Trail of Tears National Historic Trail: thority of the Federal Government to ac- be used for development of the Trail. ‘‘(i) The Benge and Bell routes. quire fee title under this paragraph shall be

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limited to an average of not more than 1⁄4 shared with an existing national historic ‘‘(XV) Fort Leavenworth-Kansas River mile on either side of the trail.’’. trail. route. (6) NORTH COUNTRY NATIONAL SCENIC ‘‘(2) REQUIREMENTS FOR REVISION.— ‘‘(XVI) Nebraska City cutoff routes. TRAIL.—Section 5(a)(8) of the National Trails ‘‘(A) IN GENERAL.—The Secretary of the In- ‘‘(XVII) Minersville-Nebraska City Road. System Act (16 U.S.C. 1244(a)(8)) is amended terior shall revise the feasibility and suit- ‘‘(XVIII) Upper Plattsmouth route. by adding at the end the following: ‘‘No land ability studies for certain national trails for ‘‘(XIX) Upper Bellevue route. or interest in land outside the exterior consideration of possible additions to the ‘‘(ii) CENTRAL ROUTES.— boundaries of any federally administered trails. ‘‘(I) Cherokee Trail, including splits. area may be acquired by the Federal Govern- ‘‘(B) STUDY REQUIREMENTS AND OBJEC- ‘‘(II) Weber Canyon route of Hastings cut- ment for the trail except with the consent of TIVES.—The study requirements and objec- off. the owner of the land or interest in land.’’. tives specified in subsection (b) shall apply ‘‘(III) Bishop Creek cutoff. (7) ICE AGE NATIONAL SCENIC TRAIL.—Sec- to a study required by this subsection. tion 5(a)(10) of the National Trails System ‘‘(C) COMPLETION AND SUBMISSION OF ‘‘(IV) McAuley cutoff. Act (16 U.S.C. 1244(a)(10)) is amended by add- STUDY.—A study listed in this subsection ‘‘(V) Diamond Springs cutoff. ing at the end the following: ‘‘No land or in- shall be completed and submitted to Con- ‘‘(VI) Secret Pass. terest in land outside the exterior bound- gress not later than 3 complete fiscal years ‘‘(VII) Greenhorn cutoff. aries of any federally administered area may from the date funds are made available for ‘‘(VIII) Central Overland Trail. be acquired by the Federal Government for the study. ‘‘(iii) WESTERN ROUTES.— the trail except with the consent of the ‘‘(3) OREGON NATIONAL HISTORIC TRAIL.— ‘‘(I) Bidwell-Bartleson route. owner of the land or interest in land.’’. ‘‘(A) STUDY REQUIRED.—The Secretary of ‘‘(II) Georgetown/Dagget Pass Trail. (8) POTOMAC HERITAGE NATIONAL SCENIC the Interior shall undertake a study of the ‘‘(III) Big Trees Road. TRAIL.—Section 5(a)(11) of the National routes of the Oregon Trail listed in subpara- ‘‘(IV) Grizzly Flat cutoff. Trails System Act (16 U.S.C. 1244(a)(11)) is graph (B) and generally depicted on the map ‘‘(V) Nevada City Road. amended— entitled ‘Western Emigrant Trails 1830/1870’ ‘‘(VI) Yreka Trail. (A) by striking the fourth and fifth sen- and dated 1991/1993, and of such other routes ‘‘(VII) Henness Pass route. tences; and of the Oregon Trail that the Secretary con- ‘‘(VIII) Johnson cutoff. (B) by adding at the end the following: ‘‘No siders appropriate, to determine the feasi- ‘‘(IX) Luther Pass Trail. bility and suitability of designation of 1 or land or interest in land outside the exterior ‘‘(X) Volcano Road. more of the routes as components of the Or- boundaries of any federally administered ‘‘(XI) Sacramento-Coloma Wagon Road. egon National Historic Trail. area may be acquired by the Federal Govern- ‘‘(XII) Burnett cutoff. ment for the trail except with the consent of ‘‘(B) COVERED ROUTES.—The routes to be studied under subparagraph (A) shall include ‘‘(XIII) Placer County Road to Auburn. the owner of the land or interest in land.’’. ‘‘(6) MORMON PIONEER NATIONAL HISTORIC (9) NEZ PERCE NATIONAL HISTORIC TRAIL.— the following: TRAIL.— Section 5(a)(14) of the National Trails Sys- ‘‘(i) Whitman Mission route. ‘‘(A) STUDY REQUIRED.—The Secretary of tem Act (16 U.S.C. 1244(a)(14)) is amended— ‘‘(ii) Upper Columbia River. the Interior shall undertake a study of the (A) by striking the fourth and fifth sen- ‘‘(iii) Cowlitz River route. routes of the Mormon Pioneer Trail listed in tences; and ‘‘(iv) Meek cutoff. subparagraph (B) and generally depicted in (B) by adding at the end the following: ‘‘No ‘‘(v) Free Emigrant Road. the map entitled ‘Western Emigrant Trails land or interest in land outside the exterior ‘‘(vi) North Alternate Oregon Trail. boundaries of any federally administered ‘‘(vii) Goodale’s cutoff. 1830/1870’ and dated 1991/1993, and of such area may be acquired by the Federal Govern- ‘‘(viii) North Side alternate route. other routes of the Mormon Pioneer Trail ‘‘(ix) Cutoff to Barlow road. ment for the trail except with the consent of that the Secretary considers appropriate, to ‘‘(x) Naches Pass Trail. the owner of the land or interest in land. The determine the feasibility and suitability of ‘‘(4) PONY EXPRESS NATIONAL HISTORIC authority of the Federal Government to ac- designation of 1 or more of the routes as TRAIL.—The Secretary of the Interior shall quire fee title under this paragraph shall be components of the Mormon Pioneer National undertake a study of the approximately 20- limited to an average of not more than 1⁄4 Historic Trail. mile southern alternative route of the Pony mile on either side of the trail.’’. ‘‘(B) COVERED ROUTES.—The routes to be Express Trail from Wathena, Kansas, to (b) CONFORMING AMENDMENT.—Section 10 of studied under subparagraph (A) shall include Troy, Kansas, and such other routes of the the National Trails System Act (16 U.S.C. the following: Pony Express Trail that the Secretary con- 1249) is amended by striking subsection (c) ‘‘(i) 1846 Subsequent routes A and B (Lucas siders appropriate, to determine the feasi- and inserting the following: and Clarke Counties, Iowa). ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— bility and suitability of designation of 1 or more of the routes as components of the ‘‘(ii) 1856–57 Handcart route (Iowa City to ‘‘(1) IN GENERAL.—Except as otherwise pro- Council Bluffs). vided in this Act, there are authorized to be Pony Express National Historic Trail. ‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.— ‘‘(iii) Keokuk route (Iowa). appropriated such sums as are necessary to ‘‘(iv) 1847 Alternative Elkhorn and Loup implement the provisions of this Act relat- ‘‘(A) STUDY REQUIRED.—The Secretary of River Crossings in Nebraska. ing to the trails designated by section 5(a). the Interior shall undertake a study of the ‘‘(v) Fort Leavenworth Road; Ox Bow route ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC Missouri Valley, central, and western routes of the California Trail listed in subparagraph and alternates in Kansas and Missouri (Or- TRAIL.— (B) and generally depicted on the map enti- egon and California Trail routes used by ‘‘(A) IN GENERAL.—With respect to the Natchez Trace National Scenic Trail (re- tled ‘Western Emigrant Trails 1830/1870’ and Mormon emigrants). ferred to in this paragraph as the ‘trail’) des- dated 1991/1993, and of such other and shared ‘‘(vi) 1850 Golden Pass Road in Utah. ignated by section 5(a)(12)— Missouri Valley, central, and western routes ‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL ‘‘(i) not more than $500,000 shall be appro- that the Secretary considers appropriate, to ROUTES.— priated for the acquisition of land or inter- determine the feasibility and suitability of ‘‘(A) STUDY REQUIRED.—The Secretary of ests in land for the trail; and designation of 1 or more of the routes as the Interior shall undertake a study of the ‘‘(ii) not more than $2,000,000 shall be ap- components of the California National His- shared routes of the California Trail and Or- propriated for the development of the trail. toric Trail. egon Trail listed in subparagraph (B) and ‘‘(B) COVERED ROUTES.—The routes to be ‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL generally depicted on the map entitled studied under subparagraph (A) shall include GROUPS.—The administering agency for the ‘Western Emigrant Trails 1830/1870’ and dated trail shall encourage volunteer trail groups the following: 1991/1993, and of such other shared routes to participate in the development of the ‘‘(i) MISSOURI VALLEY ROUTES.— that the Secretary considers appropriate, to ‘‘(I) Blue Mills-Independence Road. trail.’’. determine the feasibility and suitability of ‘‘(II) Westport Landing Road. SEC. 5302. REVISION OF FEASIBILITY AND SUIT- designation of 1 or more of the routes as ‘‘(III) Westport-Lawrence Road. ABILITY STUDIES OF EXISTING NA- shared components of the California Na- TIONAL HISTORIC TRAILS. ‘‘(IV) Fort Leavenworth-Blue River route. ‘‘(V) Road to Amazonia. tional Historic Trail and the Oregon Na- Section 5 of the National Trails System tional Historic Trail. Act (16 U.S.C. 1244) is amended by adding at ‘‘(VI) Union Ferry Route. ‘‘(B) COVERED ROUTES.—The routes to be the end the following: ‘‘(VII) Old Wyoming-Nebraska City cutoff. ‘‘(g) REVISION OF FEASIBILITY AND SUIT- ‘‘(VIII) Lower Plattsmouth Route. studied under subparagraph (A) shall include ABILITY STUDIES OF EXISTING NATIONAL HIS- ‘‘(IX) Lower Bellevue Route. the following: TORIC TRAILS.— ‘‘(X) Woodbury cutoff. ‘‘(i) St. Joe Road. ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(XI) Blue Ridge cutoff. ‘‘(ii) Council Bluffs Road. ‘‘(A) ROUTE.—The term ‘route’ includes a ‘‘(XII) Westport Road. ‘‘(iii) Sublette cutoff. trail segment commonly known as a cutoff. ‘‘(XIII) Gum Springs-Fort Leavenworth ‘‘(iv) Applegate route. ‘‘(B) SHARED ROUTE.—The term ‘shared route. ‘‘(v) Old Fort Kearny Road (Oxbow Trail). route’ means a route that was a segment of ‘‘(XIV) Atchison/Independence Creek ‘‘(vi) Childs cutoff. more than 1 historic trail, including a route routes. ‘‘(vii) Raft River to Applegate.’’.

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Section 5(c) of the National Trails System (II) has land in the watershed that is held (II) EFFECT OF DETERMINATION.—If the Sec- Act (16 U.S.C. 1244(c)) is amended by adding in trust; retary determines under subclause (I) that at the end the following: (C) is a grassroots, nonregulatory entity the progress of a grant recipient during the ‘‘(44) CHISHOLM TRAIL.— that addresses water availability and quality year covered by the determination justifies ‘‘(A) IN GENERAL.—The Chisholm Trail issues within the relevant watershed; additional funding, the Secretary shall pro- (also known as the ‘Abilene Trail’), from the (D) is capable of promoting the sustainable vide to the grant recipient grant funds for vicinity of San Antonio, Texas, segments use of the water resources of the relevant the following year. from the vicinity of Cuero, Texas, to Ft. watershed and improving the functioning (iv) ADVANCEMENT CONDITIONS.—A grant re- Worth, Texas, Duncan, Oklahoma, alternate condition of rivers and streams through— cipient shall not be eligible to receive a sec- segments used through Oklahoma, to Enid, (i) water conservation; ond-phase grant under subparagraph (B) Oklahoma, Caldwell, Kansas, Wichita, Kan- (ii) improved water quality; until the date on which the Secretary deter- sas, Abilene, Kansas, and commonly used (iii) ecological resiliency; and mines that the watershed group— segments running to alternative Kansas des- (iv) the reduction of water conflicts; and tinations. (I) has approved articles of incorporation (E) makes decisions on a consensus basis, and bylaws governing the organization; and ‘‘(B) REQUIREMENT.—In conducting the as defined in the bylaws of the watershed study required under this paragraph, the (II)(aa) holds regular meetings; group. Secretary of the Interior shall identify the (bb) has completed a mission statement; (6) WATERSHED MANAGEMENT PROJECT.—The point at which the trail originated south of and term ‘‘watershed management project’’ San Antonio, Texas. (cc) has developed a restoration plan and means any project (including a demonstra- ‘‘(45) GREAT WESTERN TRAIL.— project concepts for the watershed. tion project) that— ‘‘(A) IN GENERAL.—The Great Western Trail (v) EXCEPTION.—A watershed group that (A) enhances water conservation, including (also known as the ‘Dodge City Trail’), from has not applied for or received first-phase alternative water uses; the vicinity of San Antonio, Texas, north-by- grants may apply for and receive second- (B) improves water quality; northwest through the vicinities of Kerrville phase grants under subparagraph (B) if the (C) improves ecological resiliency of a and Menard, Texas, north-by-northeast Secretary determines that the group has sat- through the vicinities of Coleman and Al- river or stream; isfied the requirements of first-phase grants. bany, Texas, north through the vicinity of (D) reduces the potential for water con- (B) SECOND PHASE.— Vernon, Texas, to Doan’s Crossing, Texas, flicts; or (i) IN GENERAL.—A watershed group may northward through or near the vicinities of (E) advances any other goals associated apply for and receive second-phase grants of Altus, Lone Wolf, Canute, Vici, and May, with water quality or quantity that the Sec- $1,000,000 each year for a period of not more Oklahoma, north through Kansas to Dodge retary determines to be appropriate. than 4 years if— City, and north through Nebraska to SEC. 6002. PROGRAM. (I) the watershed group has applied for and Ogallala. (a) ESTABLISHMENT.—Not later than 180 received watershed grants under subpara- ‘‘(B) REQUIREMENT.—In conducting the days after the date of enactment of this Act, graph (A); or study required under this paragraph, the the Secretary shall establish a program, to (II) the Secretary determines that the wa- Secretary of the Interior shall identify the be known as the ‘‘Cooperative Watershed tershed group has satisfied the requirements point at which the trail originated south of Management Program’’, under which the of first-phase grants. San Antonio, Texas.’’. Secretary shall provide grants— (ii) MANDATORY USE OF FUNDS.—A grant re- TITLE VI—DEPARTMENT OF THE (1)(A) to form a watershed group; or cipient that receives a second-phase grant INTERIOR AUTHORIZATIONS (B) to enlarge a watershed group; and shall use the funds to plan and carry out wa- Subtitle A—Cooperative Watershed (2) to conduct 1 or more projects in accord- tershed management projects. Management Program ance with the goals of a watershed group. (iii) ANNUAL DETERMINATION OF ELIGI- (b) APPLICATION.— BILITY.— SEC. 6001. DEFINITIONS. (1) ESTABLISHMENT OF APPLICATION PROC- (I) DETERMINATION.—For each year of the In this subtitle: ESS; CRITERIA.—Not later than 1 year after second-phase grant, not later than 270 days (1) AFFECTED STAKEHOLDER.—The term ‘‘af- the date of enactment of this Act, the Sec- after the date on which a grant recipient fected stakeholder’’ means an entity that significantly affects, or is significantly af- retary shall establish— first receives grant funds for the year, the fected by, the quality or quantity of water in (A) an application process for the program; Secretary shall determine whether the grant a watershed, as determined by the Secretary. and recipient has made sufficient progress during (B) in consultation with the States, the year to justify additional funding. (2) GRANT RECIPIENT.—The term ‘‘grant re- cipient’’ means a watershed group that the prioritization and eligibility criteria for con- (II) EFFECT OF DETERMINATION.—If the Sec- Secretary has selected to receive a grant sidering applications submitted in accord- retary determines under subclause (I) that under section 6002(c)(2). ance with the application process. the progress of a grant recipient during the (3) PROGRAM.—The term ‘‘program’’ means (c) DISTRIBUTION OF GRANT FUNDS.— year justifies additional funding, the Sec- the Cooperative Watershed Management (1) IN GENERAL.—In distributing grant retary shall provide to the grant recipient Program established by the Secretary under funds under this section, the Secretary— grant funds for the following year. section 6002(a). (A) shall comply with paragraph (2); and (iv) ADVANCEMENT CONDITION.—A grant re- (4) SECRETARY.—The term ‘‘Secretary’’ (B) may give priority to watershed groups cipient shall not be eligible to receive a means the Secretary of the Interior. that— third-phase grant under subparagraph (C) (5) WATERSHED GROUP.—The term ‘‘water- (i) represent maximum diversity of inter- until the date on which the Secretary deter- shed group’’ means a self-sustaining, cooper- ests; or mines that the grant recipient has— ative watershed-wide group that— (ii) serve subbasin-sized watersheds with (I) completed each requirement of the sec- (A) is comprised of representatives of the an 8-digit hydrologic unit code, as defined by ond-phase grant; and affected stakeholders of the relevant water- the United States Geological Survey. (II) demonstrated that 1 or more pilot shed; (2) FUNDING PROCEDURE.— projects of the grant recipient have resulted (B) incorporates the perspectives of a di- (A) FIRST PHASE.— in demonstrable improvements, as deter- verse array of stakeholders, including, to the (i) IN GENERAL.—The Secretary may pro- mined by the Secretary, in the functioning maximum extent practicable— vide to a grant recipient a first-phase grant condition of at least 1 river or stream in the (i) representatives of— in an amount not greater than $100,000 each watershed. (I) hydroelectric production; year for a period of not more than 3 years. (C) THIRD PHASE.— (II) livestock grazing; (ii) MANDATORY USE OF FUNDS.—A grant re- (i) FUNDING LIMITATION.— (III) timber production; cipient that receives a first-phase grant shall (I) IN GENERAL.—Except as provided in sub- (IV) land development; use the funds— clause (II), the Secretary may provide to a (V) recreation or tourism; (I) to establish or enlarge a watershed grant recipient a third-phase grant in an (VI) irrigated agricultural production; group; amount not greater than $5,000,000 for a pe- (VII) the environment; (II) to develop a mission statement for the riod of not more than 5 years. (VIII) potable water purveyors and indus- watershed group; (II) EXCEPTION.—The Secretary may pro- trial water users; and (III) to develop project concepts; and vide to a grant recipient a third-phase grant (IX) private property owners within the (IV) to develop a restoration plan. in an amount that is greater than the watershed; (iii) ANNUAL DETERMINATION OF ELIGI- amount described in subclause (I) if the Sec- (ii) any Federal agency that has authority BILITY.— retary determines that the grant recipient is with respect to the watershed; (I) DETERMINATION.—For each year of a capable of using the additional amount to (iii) any State agency that has authority first-phase grant, not later than 270 days further the purposes of the program in a way with respect to the watershed; after the date on which a grant recipient that could not otherwise be achieved by the (iv) any local agency that has authority first receives grant funds for the year, the grant recipient using the amount described with respect to the watershed; and Secretary shall determine whether the grant in subclause (I).

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(ii) MANDATORY USE OF FUNDS.—A grant re- (1) $2,000,000 for each of fiscal years 2008 ‘‘(A) emphasize migratory bird conserva- cipient that receives a third-phase grant and 2009; tion; and shall use the funds to plan and carry out at (2) $5,000,000 for fiscal year 2010; ‘‘(B) take into consideration the role of the least 1 watershed management project. (3) $10,000,000 for fiscal year 2011; and Refuge in broader landscape conservation ef- (3) AUTHORIZING USE OF FUNDS FOR ADMINIS- (4) $20,000,000 for each of fiscal years 2012 forts.’’; and TRATIVE AND OTHER COSTS.—A grant recipient through 2020. (3) in subsection (d)— that receives a grant under this section may SEC. 6003. EFFECT OF SUBTITLE. (A) in paragraph (1), by striking ‘‘and’’ at use the funds— Nothing in this subtitle affects the applica- the end; (A) to pay for— bility of any Federal, State, or local law (B) in paragraph (2), by striking the period (i) administrative and coordination costs, with respect to any watershed group. if the costs are not greater than the lesser at the end and inserting ‘‘; and’’; and of— Subtitle B—Competitive Status for Federal (C) by adding at the end the following: (I) 20 percent of the total amount of the Employees in Alaska ‘‘(3) subject to any agreement in existence grant; or SEC. 6101. COMPETITIVE STATUS FOR CERTAIN as of the date of enactment of this para- (II) $100,000; FEDERAL EMPLOYEES IN THE STATE graph, and to the extent consistent with the (ii) the salary of not more than 1 full-time OF ALASKA. purposes of the Refuge, use decreed water employee of the watershed group; and Section 1308 of the Alaska National Inter- rights on the Refuge in approximately the (iii) any legal fees arising from the estab- est Lands Conservation Act (16 U.S.C. 3198) is same manner that the water rights have lishment of the relevant watershed group; amended by adding at the end the following: been used historically.’’. and ‘‘(e) COMPETITIVE STATUS.— (B) to fund— ‘‘(1) IN GENERAL.—Nothing in subsection (a) Subtitle D—Paleontological Resources (i) water quality and quantity studies of provides that any person hired pursuant to Preservation the program established under that sub- the relevant watershed; and SEC. 6301. DEFINITIONS. (ii) the planning, design, and implementa- section is not eligible for competitive status tion of any projects relating to water quality in the same manner as any other employee In this subtitle: or quantity. hired as part of the competitive service. (1) CASUAL COLLECTING.—The term ‘‘casual (d) COST SHARE.— ‘‘(2) REDESIGNATION OF CERTAIN POSI- collecting’’ means the collecting of a reason- (1) PLANNING.—The Federal share of the TIONS.— able amount of common invertebrate and cost of an activity provided assistance ‘‘(A) PERSONS SERVING IN ORIGINAL POSI- plant paleontological resources for non-com- through a first-phase grant shall be 100 per- TIONS.—Not later than 60 days after the date mercial personal use, either by surface col- cent. of enactment of this subsection, with respect lection or the use of non-powered hand tools to any person hired into a permanent posi- (2) PROJECTS CARRIED OUT UNDER SECOND resulting in only negligible disturbance to tion pursuant to the program established PHASE.— the Earth’s surface and other resources. As under subsection (a) who is serving in that (A) IN GENERAL.—The Federal share of the used in this paragraph, the terms ‘‘reason- cost of any activity of a watershed manage- position as of the date of enactment of this able amount’’, ‘‘common invertebrate and ment project provided assistance through a subsection, the Secretary shall redesignate plant paleontological resources’’ and ‘‘neg- second-phase grant shall not exceed 50 per- that position and the person serving in that ligible disturbance’’ shall be determined by cent of the total cost of the activity. position as having been part of the competi- the Secretary. (B) FORM OF NON-FEDERAL SHARE.—The tive service as of the date that the person non-Federal share under subparagraph (A) was hired into that position. (2) FEDERAL LAND.—The term ‘‘Federal may be in the form of in-kind contributions. ‘‘(B) PERSONS NO LONGER SERVING IN ORIGI- land’’ means— (3) PROJECTS CARRIED OUT UNDER THIRD NAL POSITIONS.—With respect to any person (A) land controlled or administered by the PHASE.— who was hired pursuant to the program es- Secretary of the Interior, except Indian land; (A) IN GENERAL.—The Federal share of the tablished under subsection (a) that is no or costs of any activity of a watershed group of longer serving in that position as of the date (B) National Forest System land controlled a grant recipient relating to a watershed of enactment of this subsection— or administered by the Secretary of Agri- management project provided assistance ‘‘(i) the person may provide to the Sec- culture. through a third-phase grant shall not exceed retary a request for redesignation of the (3) INDIAN LAND.—The term ‘‘Indian Land’’ 50 percent of the total costs of the watershed service as part of the competitive service means land of Indian tribes, or Indian indi- management project. that includes evidence of the employment; viduals, which are either held in trust by the (B) FORM OF NON-FEDERAL SHARE.—The and United States or subject to a restriction non-Federal share under subparagraph (A) ‘‘(ii) not later than 90 days of the submis- against alienation imposed by the United may be in the form of in-kind contributions. sion of a request under clause (i), the Sec- States. (e) ANNUAL REPORTS.— retary shall redesignate the service of the (4) PALEONTOLOGICAL RESOURCE.—The term (1) IN GENERAL.—Not later than 1 year after person as being part of the competitive serv- ‘‘paleontological resource’’ means any fos- the date on which a grant recipient first re- ice.’’. silized remains, traces, or imprints of orga- ceives funds under this section, and annually Subtitle C—Management of the Baca nisms, preserved in or on the earth’s crust, thereafter, in accordance with paragraph (2), National Wildlife Refuge that are of paleontological interest and that the watershed group shall submit to the Sec- SEC. 6201. BACA NATIONAL WILDLIFE REFUGE. provide information about the history of life retary a report that describes the progress of on earth, except that the term does not in- the watershed group. Section 6 of the Great Sand Dunes Na- tional Park and Preserve Act of 2000 (16 clude— (2) REQUIRED DEGREE OF DETAIL.—The con- (A) any materials associated with an ar- tents of an annual report required under U.S.C. 410hhh–4) is amended— chaeological resource (as defined in section paragraph (1) shall contain sufficient infor- (1) in subsection (a)— mation to enable the Secretary to complete (A) by striking ‘‘(a) ESTABLISHMENT.—(1) 3(1) of the Archaeological Resources Protec- each report required under subsection (f), as When’’ and inserting the following: tion Act of 1979 (16 U.S.C. 470bb(1)); or determined by the Secretary. ‘‘(a) ESTABLISHMENT AND PURPOSE.— (B) any cultural item (as defined in section (f) REPORT.—Not later than 5 years after ‘‘(1) ESTABLISHMENT.— 2 of the Native American Graves Protection the date of enactment of this Act, and every ‘‘(A) IN GENERAL.—When’’; and Repatriation Act (25 U.S.C. 3001)). 5 years thereafter, the Secretary shall sub- (B) in paragraph (2), by striking ‘‘(2) Such (5) SECRETARY.—The term ‘‘Secretary’’ mit to the Committee on Energy and Nat- establishment’’ and inserting the following: means the Secretary of the Interior with re- ural Resources of the Senate and the Com- ‘‘(B) EFFECTIVE DATE.—The establishment spect to land controlled or administered by mittee on Natural Resources of the House of of the refuge under subparagraph (A)’’; and the Secretary of the Interior or the Sec- Representatives a report that describes— (C) by adding at the end the following: retary of Agriculture with respect to Na- (1) the ways in which the program assists ‘‘(2) PURPOSE.—The purpose of the Baca tional Forest System land controlled or ad- the Secretary— National Wildlife Refuge shall be to restore, ministered by the Secretary of Agriculture. enhance, and maintain wetland, upland, ri- (A) in addressing water conflicts; (6) STATE.—The term ‘‘State’’ means the 50 parian, and other habitats for native wild- (B) in conserving water; States, the District of Columbia, the Com- life, plant, and fish species in the San Luis (C) in improving water quality; and monwealth of Puerto Rico, and any other Valley.’’; (D) in improving the ecological resiliency territory or possession of the United States. of a river or stream; and (2) in subsection (c)— (2) benefits that the program provides, in- (A) by striking ‘‘The Secretary’’ and in- SEC. 6302. MANAGEMENT. cluding, to the maximum extent practicable, serting the following: (a) IN GENERAL.—The Secretary shall man- a quantitative analysis of economic, social, ‘‘(1) IN GENERAL.—The Secretary’’; and age and protect paleontological resources on and environmental benefits. (B) by adding at the end the following: (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) REQUIREMENTS.—In administering the Federal land using scientific principles and There are authorized to be appropriated to Baca National Wildlife Refuge, the Secretary expertise. The Secretary shall develop appro- carry out this section— shall, to the maximum extent practicable— priate plans for inventory, monitoring, and

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the scientific and educational use of paleon- vide for public safety, the Secretary may re- (3) MULTIPLE OFFENSES.—In the case of a tological resources, in accordance with ap- strict access to or close areas under the Sec- second or subsequent violation by the same plicable agency laws, regulations, and poli- retary’s jurisdiction to the collection of pa- person, the amount of a penalty assessed cies. These plans shall emphasize inter- leontological resources. under paragraph (2) may be doubled. agency coordination and collaborative ef- SEC. 6305. CURATION OF RESOURCES. (4) LIMITATION.—The amount of any pen- forts where possible with non-Federal part- Any paleontological resource, and any data alty assessed under this subsection for any 1 ners, the scientific community, and the gen- and records associated with the resource, violation shall not exceed an amount equal eral public. collected under a permit, shall be deposited to double the cost of response, restoration, (b) COORDINATION.—To the extent possible, in an approved repository. The Secretary and repair of resources and paleontological the Secretary of the Interior and the Sec- may enter into agreements with non-Federal site damage plus double the scientific or fair retary of Agriculture shall coordinate in the repositories regarding the curation of these market value of resources destroyed or not implementation of this subtitle. resources, data, and records. recovered. (b) PETITION FOR JUDICIAL REVIEW; COLLEC- SEC. 6303. PUBLIC AWARENESS AND EDUCATION SEC. 6306. PROHIBITED ACTS; CRIMINAL PEN- PROGRAM. ALTIES. TION OF UNPAID ASSESSMENTS.— The Secretary shall establish a program to (a) IN GENERAL.—A person may not— (1) JUDICIAL REVIEW.—Any person against increase public awareness about the signifi- (1) excavate, remove, damage, or otherwise whom an order is issued assessing a penalty cance of paleontological resources. alter or deface or attempt to excavate, re- under subsection (a) may file a petition for move, damage, or otherwise alter or deface judicial review of the order in the United SEC. 6304. COLLECTION OF PALEONTOLOGICAL States District Court for the District of Co- RESOURCES. any paleontological resources located on Federal land unless such activity is con- lumbia or in the district in which the viola- (a) PERMIT REQUIREMENT.— ducted in accordance with this subtitle; tion is alleged to have occurred within the (1) IN GENERAL.—Except as provided in this (2) exchange, transport, export, receive, or 30-day period beginning on the date the order subtitle, a paleontological resource may not making the assessment was issued. Upon no- be collected from Federal land without a per- offer to exchange, transport, export, or re- ceive any paleontological resource if the per- tice of such filing, the Secretary shall mit issued under this subtitle by the Sec- promptly file such a certified copy of the retary. son knew or should have known such re- source to have been excavated or removed record on which the order was issued. The (2) CASUAL COLLECTING EXCEPTION.—The from Federal land in violation of any provi- court shall hear the action on the record Secretary may allow casual collecting with- made before the Secretary and shall sustain out a permit on Federal land controlled or sions, rule, regulation, law, ordinance, or permit in effect under Federal law, including the action if it is supported by substantial administered by the Bureau of Land Manage- evidence on the record considered as a whole. ment, the Bureau of Reclamation, and the this subtitle; or (2) FAILURE TO PAY.—If any person fails to Forest Service, where such collection is con- (3) sell or purchase or offer to sell or pur- chase any paleontological resource if the pay a penalty under this section within 30 sistent with the laws governing the manage- days— ment of those Federal land and this subtitle. person knew or should have known such re- source to have been excavated, removed, (A) after the order making assessment has (3) PREVIOUS PERMIT EXCEPTION.—Nothing sold, purchased, exchanged, transported, or become final and the person has not filed a in this section shall affect a valid permit petition for judicial review of the order in issued prior to the date of enactment of this received from Federal land. (b) FALSE LABELING OFFENSES.—A person accordance with paragraph (1); or Act. may not make or submit any false record, (B) after a court in an action brought in (b) CRITERIA FOR ISSUANCE OF A PERMIT.— account, or label for, or any false identifica- paragraph (1) has entered a final judgment The Secretary may issue a permit for the tion of, any paleontological resource exca- upholding the assessment of the penalty, the collection of a paleontological resource pur- vated or removed from Federal land. Secretary may request the Attorney General suant to an application if the Secretary de- (c) PENALTIES.—A person who knowingly to institute a civil action in a district court termines that— violates or counsels, procures, solicits, or of the United States for any district in which (1) the applicant is qualified to carry out employs another person to violate subsection the person if found, resides, or transacts the permitted activity; (a) or (b) shall, upon conviction, be fined in business, to collect the penalty (plus interest (2) the permitted activity is undertaken for accordance with title 18, United States Code, at currently prevailing rates from the date the purpose of furthering paleontological or imprisoned not more than 5 years, or of the final order or the date of the final knowledge or for public education; both; but if the sum of the commercial and judgment, as the case may be). The district (3) the permitted activity is consistent paleontological value of the paleontological court shall have jurisdiction to hear and de- with any management plan applicable to the resources involved and the cost of restora- cide any such action. In such action, the va- Federal land concerned; and tion and repair of such resources does not ex- lidity, amount, and appropriateness of such (4) the proposed methods of collecting will ceed $500, such person shall be fined in ac- penalty shall not be subject to review. Any not threaten significant natural or cultural cordance with title 18, United States Code, person who fails to pay on a timely basis the resources. or imprisoned not more than 2 years, or amount of an assessment of a civil penalty (c) PERMIT SPECIFICATIONS.—A permit for both. as described in the first sentence of this the collection of a paleontological resource (d) MULTIPLE OFFENSES.—In the case of a paragraph shall be required to pay, in addi- issued under this section shall contain such second or subsequent violation by the same tion to such amount and interest, attorneys terms and conditions as the Secretary deems person, the amount of the penalty assessed fees and costs for collection proceedings. necessary to carry out the purposes of this under subsection (c) may be doubled. (c) HEARINGS.—Hearings held during pro- subtitle. Every permit shall include require- (e) GENERAL EXCEPTION.—Nothing in sub- ceedings instituted under subsection (a) shall ments that— section (a) shall apply to any person with re- be conducted in accordance with section 554 (1) the paleontological resource that is col- spect to any paleontological resource which of title 5, United States Code. lected from Federal land under the permit was in the lawful possession of such person (d) USE OF RECOVERED AMOUNTS.—Pen- will remain the property of the United prior to the date of enactment of this Act. alties collected under this section shall be States; SEC. 6307. CIVIL PENALTIES. available to the Secretary and without fur- (2) the paleontological resource and copies (a) IN GENERAL.— ther appropriation may be used only as fol- of associated records will be preserved for (1) HEARING.—A person who violates any lows: the public in an approved repository, to be prohibition contained in an applicable regu- (1) To protect, restore, or repair the pale- made available for scientific research and lation or permit issued under this subtitle ontological resources and sites which were public education; and may be assessed a penalty by the Secretary the subject of the action, or to acquire sites (3) specific locality data will not be re- after the person is given notice and oppor- with equivalent resources, and to protect, leased by the permittee or repository with- tunity for a hearing with respect to the vio- monitor, and study the resources and sites. out the written permission of the Secretary. lation. Each violation shall be considered a Any acquisition shall be subject to any limi- (d) MODIFICATION, SUSPENSION, AND REV- separate offense for purposes of this section. tations contained in the organic legislation OCATION OF PERMITS.— (2) AMOUNT OF PENALTY.—The amount of for such Federal land. (1) The Secretary may modify, suspend, or such penalty assessed under paragraph (1) (2) To provide educational materials to the revoke a permit issued under this section— shall be determined under regulations pro- public about paleontological resources and (A) for resource, safety, or other manage- mulgated pursuant to this subtitle, taking sites. ment considerations; or into account the following factors: (3) To provide for the payment of rewards (B) when there is a violation of term or (A) The scientific or fair market value, as provided in section 6308. condition of a permit issued pursuant to this whichever is greater, of the paleontological SEC. 6308. REWARDS AND FORFEITURE. section. resource involved, as determined by the Sec- (a) REWARDS.—The Secretary may pay (2) The permit shall be revoked if any per- retary. from penalties collected under section 6306 or son working under the authority of the per- (B) The cost of response, restoration, and 6307 or from appropriated funds— mit is convicted under section 6306 or is as- repair of the resource and the paleontolog- (1) consistent with amounts established in sessed a civil penalty under section 6307. ical site involved. regulations by the Secretary; or (e) AREA CLOSURES.—In order to protect (C) Any other factors considered relevant (2) if no such regulation exists, an amount paleontological or other resources or to pro- by the Secretary assessing the penalty. up to 1⁄2 of the penalties, to any person who

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No officer or em- ficer or employee of the United States acting (B) REQUIREMENTS.—The environmental ployee of the United States or of any State in that capacity. No person who is not an of- impact statement prepared under subpara- or local government who furnishes informa- ficer or employee of the United States acting graph (A) shall contain— tion or renders service in the performance of in that capacity shall have standing to file (i) an analysis of— his official duties shall be eligible for pay- any civil action in a court of the United (I) the proposed land exchange; and ment under this subsection. States to enforce any provision or amend- (II) the potential construction and oper- (b) FORFEITURE.—All paleontological re- ment made by this subtitle. ation of a road between the communities of sources with respect to which a violation SEC. 6312. AUTHORIZATION OF APPROPRIATIONS. King Cove and Cold Bay, Alaska; and under section 6306 or 6307 occurred and which There are authorized to be appropriated (ii) an evaluation of a specific road cor- are in the possession of any person, and all such sums as may be necessary to carry out ridor through the Refuge that is identified in vehicles and equipment of any person that this subtitle. consultation with the State, the City of King were used in connection with the violation, Subtitle E—Izembek National Wildlife Refuge Cove, Alaska, and the Tribe. shall be subject to civil forfeiture, or upon Land Exchange (3) COOPERATING AGENCIES.— conviction, to criminal forfeiture. All provi- SEC. 6401. DEFINITIONS. (A) IN GENERAL.—During the preparation of sions of law relating to the seizure, for- In this subtitle: the environmental impact statement under feiture, and condemnation of property for a (1) CORPORATION.—The term ‘‘Corporation’’ paragraph (2), each entity described in sub- violation of this subtitle, the disposition of means the King Cove Corporation. paragraph (B) may participate as a cooper- such property or the proceeds from the sale (2) FEDERAL LAND.—The term ‘‘Federal ating agency. thereof, and remission or mitigation of such land’’ means— (B) AUTHORIZED ENTITIES.—An authorized forfeiture, as well as the procedural provi- (A) the approximately 206 acres of Federal entity may include— sions of chapter 46 of title 18, United States (i) any Federal agency that has permitting Code, shall apply to the seizures and forfeit- land located within the Refuge, as generally jurisdiction over the road described in para- ures incurred or alleged to have incurred depicted on the map; and graph (2)(B)(i)(II); under the provisions of this subtitle. (B) the approximately 1,600 acres of Fed- (ii) the State; (c) TRANSFER OF SEIZED RESOURCES.—The eral land located on Sitkinak Island, as gen- Secretary may transfer administration of erally depicted on the map. (iii) the Aleutians East Borough of the seized paleontological resources to Federal (3) MAP.—The term ‘‘map’’ means each of— State; or non-Federal educational institutions to be (A) the map entitled ‘‘Izembek and Alaska (iv) the City of King Cove, Alaska; used for scientific or educational purposes. Peninsula National Wildlife Refuges’’ and (v) the Tribe; and SEC. 6309. CONFIDENTIALITY. dated September 2, 2008; and (vi) the Alaska Migratory Bird Co-Manage- Information concerning the nature and (B) the map entitled ‘‘Sitkinak Island– ment Council. specific location of a paleontological re- Alaska Maritime National Wildlife Refuge’’ (c) VALUATION.—The conveyance of the source shall be exempt from disclosure under and dated September 2, 2008. Federal land and non-Federal land under this section 552 of title 5, United States Code, and (4) NON-FEDERAL LAND.—The term ‘‘non- section shall not be subject to any require- any other law unless the Secretary deter- Federal land’’ means— ment under any Federal law (including regu- mines that disclosure would— (A) the approximately 43,093 acres of land lations) relating to the valuation, appraisal, (1) further the purposes of this subtitle; owned by the State, as generally depicted on or equalization of land. (2) not create risk of harm to or theft or the map; and (B) the approximately 13,300 acres of land (d) PUBLIC INTEREST DETERMINATION.— destruction of the resource or the site con- (1) CONDITIONS FOR LAND EXCHANGE.—Sub- taining the resource; and owned by the Corporation (including ap- proximately 5,430 acres of land for which the ject to paragraph (2), to carry out the land (3) be in accordance with other applicable exchange under subsection (a), the Secretary laws. Corporation shall relinquish the selection rights of the Corporation under the Alaska shall determine that the land exchange (in- SEC. 6310. REGULATIONS. Native Claims Settlement Act (43 U.S.C. 1601 cluding the construction of a road between As soon as practical after the date of en- the City of King Cove, Alaska, and the Cold actment of this Act, the Secretary shall et seq.) as part of the land exchange under section 6402(a)), as generally depicted on the Bay Airport) is in the public interest. issue such regulations as are appropriate to (2) LIMITATION OF AUTHORITY OF SEC- carry out this subtitle, providing opportuni- map. EFUGE.—The term ‘‘Refuge’’ means the RETARY.—The Secretary may not, as a condi- ties for public notice and comment. (5) R Izembek National Wildlife Refuge. tion for a finding that the land exchange is SEC. 6311. SAVINGS PROVISIONS. (6) SECRETARY.—The term ‘‘Secretary’’ in the public interest— Nothing in this subtitle shall be construed means the Secretary of the Interior. (A) require the State or the Corporation to to— (7) STATE.—The term ‘‘State’’ means the convey additional land to the United States; (1) invalidate, modify, or impose any addi- State of Alaska. or tional restrictions or permitting require- (8) TRIBE.—The term ‘‘Tribe’’ means the (B) impose any restriction on the subsist- ments on any activities permitted at any Agdaagux Tribe of King Cove, Alaska. ence uses (as defined in section 803 of the time under the general mining laws, the SEC. 6402. LAND EXCHANGE. Alaska National Interest Lands Conserva- mineral or geothermal leasing laws, laws (a) IN GENERAL.—Upon receipt of notifica- tion Act (16 U.S.C. 3113)) of waterfowl by providing for minerals materials disposal, or tion by the State and the Corporation of the rural residents of the State. laws providing for the management or regu- intention of the State and the Corporation (e) KINZAROFF LAGOON.—The land exchange lation of the activities authorized by the to exchange the non-Federal land for the under subsection (a) shall not be carried out aforementioned laws including but not lim- Federal land, subject to the conditions and before the date on which the parcel of land ited to the Federal Land Policy Management requirements described in this subtitle, the owned by the State that is located in the Act (43 U.S.C. 1701–1784), Public Law 94–429 Secretary may convey to the State all right, Kinzaroff Lagoon has been designated by the (commonly known as the ‘‘Mining in the title, and interest of the United States in State as a State refuge, in accordance with Parks Act’’) (16 U.S.C. 1901 et seq.), the Sur- and to the Federal land. The Federal land the applicable laws (including regulations) of face Mining Control and Reclamation Act of within the Refuge shall be transferred for the State. 1977 (30 U.S.C. 1201–1358), and the Organic Ad- the purpose of constructing a single-lane (f) DESIGNATION OF ROAD CORRIDOR.—In ministration Act (16 U.S.C. 478, 482, 551); gravel road between the communities of designating the road corridor described in (2) invalidate, modify, or impose any addi- King Cove and Cold Bay, Alaska. tional restrictions or permitting require- (b) COMPLIANCE WITH NATIONAL ENVIRON- subsection (b)(2)(B)(ii), the Secretary shall— ments on any activities permitted at any MENTAL POLICY ACT OF 1969 AND OTHER AP- (1) minimize the adverse impact of the time under existing laws and authorities re- PLICABLE LAWS.— road corridor on the Refuge; lating to reclamation and multiple uses of (1) IN GENERAL.—In determining whether to (2) transfer the minimum acreage of Fed- Federal land; carry out the land exchange under sub- eral land that is required for the construc- (3) apply to, or require a permit for, casual section (a), the Secretary shall— tion of the road corridor; and collecting of a rock, mineral, or invertebrate (A) comply with the National Environ- (3) to the maximum extent practicable, in- or plant fossil that is not protected under mental Policy Act of 1969 (42 U.S.C. 4321 et corporate into the road corridor roads that this subtitle; seq.); and are in existence as of the date of enactment (4) affect any land other than Federal land (B) except as provided in subsection (c), of this Act. or affect the lawful recovery, collection, or comply with any other applicable law (in- (g) ADDITIONAL TERMS AND CONDITIONS.— sale of paleontological resources from land cluding regulations). The land exchange under subsection (a) shall other than Federal land; (2) ENVIRONMENTAL IMPACT STATEMENT.— be subject to any other term or condition (5) alter or diminish the authority of a (A) IN GENERAL.—Not later than 60 days that the Secretary determines to be nec- Federal agency under any other law to pro- after the date on which the Secretary re- essary.

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Statement required in section 6402(b)(2) status of each land prior to the land ex- (a) REQUIREMENTS RELATING TO USE, BAR- that— change; RIER CABLES, AND DIMENSIONS.— (A) identify critical periods during the cal- (2) the parcel of the Federal land that is lo- (1) LIMITATIONS ON USE.— endar year when the refuge is utilized by cated in the Refuge shall be managed as part (A) IN GENERAL.—Except as provided in wildlife, especially migratory birds; and of the Izembek National Wildlife Refuge Wil- subparagraph (B), any portion of the road (B) include specific mandatory strategies derness; and constructed on the Federal land conveyed to alter, limit or halt construction activities (3) each selection of the Corporation under pursuant to this subtitle shall be used pri- during identified high risk periods in order the Alaska Native Claims Settlement Act (43 marily for health and safety purposes (in- to minimize impacts to wildlife, and U.S.C. 1601 et seq.) that was relinquished cluding access to and from the Cold Bay Air- (C) allow for the timely construction of the under this subtitle shall be reinstated. port) and only for noncommercial purposes. road. SEC. 6406. EXPIRATION OF LEGISLATIVE AU- (B) EXCEPTIONS.—Notwithstanding sub- (4) MITIGATION OF WETLAND LOSS.—The plan THORITY. paragraph (A), the use of taxis, commercial developed under this subsection shall comply (a) IN GENERAL.—Any legislative authority vans for public transportation, and shared with section 404 of the Federal Water Pollu- for construction of a road shall expire at the rides (other than organized transportation of tion Control Act (33 U.S.C. 1344) with regard end of the 7-year period beginning on the employees to a business or other commercial to minimizing, to the greatest extent prac- date of the enactment of this subtitle unless facility) shall be allowed on the road de- ticable, the filling, fragmentation or loss of a construction permit has been issued during scribed in subparagraph (A). wetlands, especially intertidal wetlands, and that period. (C) REQUIREMENT OF AGREEMENT.—The lim- shall evaluate mitigating effect of those wet- (b) EXTENSION OF AUTHORITY.—If a con- itations of the use of the road described in lands transferred in Federal ownership under struction permit is issued within the allotted this paragraph shall be enforced in accord- the provisions of this subtitle. period, the 7-year authority shall be ex- ance with an agreement entered into be- SEC. 6404. ADMINISTRATION OF CONVEYED tended for a period of 5 additional years be- tween the Secretary and the State. LANDS. ginning on the date of issuance of the con- (2) REQUIREMENT OF BARRIER CABLE.—The (1) FEDERAL LAND.—Upon completion of the struction permit. road described in paragraph (1)(A) shall be land exchange under section 6402(a)— (c) EXTENSION OF AUTHORITY AS RESULT OF constructed to include a cable barrier on (A) the boundary of the land designated as LEGAL CHALLENGES.— each side of the road, as described in the wilderness within the Refuge shall be modi- (1) IN GENERAL.—Prior to the issuance of a record of decision entitled ‘‘Mitigation Meas- fied to exclude the Federal land conveyed to construction permit, if a lawsuit or adminis- ure MM–11, King Cove Access Project Final the State under the land exchange; and trative appeal is filed challenging the land Environmental Impact Statement Record of (B) the Federal land located on Sitkinak exchange or construction of the road (includ- Decision’’ and dated January 22, 2004, unless Island that is withdrawn for use by the Coast ing a challenge to the NEPA process, deci- a different type barrier is required as a miti- Guard shall, at the request of the State, be sions, or any required permit process re- gation measure in the Record of Decision for transferred by the Secretary to the State quired to complete construction of the road), Final Environmental Impact Statement re- upon the relinquishment or termination of the 7-year deadline or the five-year exten- quired in section 6402(b)(2). the withdrawal. sion period, as appropriate, shall be extended (3) REQUIRED DIMENSIONS AND DESIGN FEA- (2) NON-FEDERAL LAND.—Upon completion for a time period equivalent to the time con- TURES.—The road described in paragraph of the land exchange under section 6402(a), sumed by the full adjudication of the legal (1)(A) shall— the non-Federal land conveyed to the United challenge or related administrative process. (A) have a width of not greater than a sin- States under this subtitle shall be— (2) INJUNCTION.—After a construction per- gle lane, in accordance with the applicable (A) added to the Refuge or the Alaska Pe- mit has been issued, if a court issues an in- road standards of the State; ninsula National Wildlife Refuge, as appro- junction against construction of the road, (B) be constructed with gravel; priate, as generally depicted on the map; and the 7-year deadline or 5-year extension, as (C) be constructed to comply with any spe- (B) administered in accordance with the appropriate, shall be extended for a time pe- cific design features identified in the Record laws generally applicable to units of the Na- riod equivalent to time period that the in- of Decision for Final Environmental Impact tional Wildlife Refuge System. junction is in effect. Statement required in section 6402(b)(2) as (3) WILDERNESS ADDITIONS.— (d) APPLICABILITY OF SECTION 6405.—Upon Mitigation Measures relative to the passage (A) IN GENERAL.—Upon completion of the the expiration of the legislative authority and migration of wildlife, and also the ex- land exchange under section 6402(a), approxi- under this section, if a road has not been change of tidal flows, where applicable, in mately 43,093 acres of land as generally de- constructed, the land exchange shall be null accordance with applicable Federal and picted on the map shall be added to— and void and the land ownership shall revert State design standards; and (i) the Izembek National Wildlife Refuge to the respective ownership status prior to (D) if determined to be necessary, be con- Wilderness; or the land exchange as provided in section structed to include appropriate safety pull- (ii) the Alaska Peninsula National Wildlife 6405. outs. Refuge Wilderness. Subtitle F—Wolf Livestock Loss (b) SUPPORT FACILITIES.—Support facilities (B) ADMINISTRATION.—The land added as Demonstration Project for the road described in subsection (a)(1)(A) wilderness under subparagraph (A) shall be SEC. 6501. DEFINITIONS. shall not be located within the Refuge. administered by the Secretary in accordance (c) FEDERAL PERMITS.—It is the intent of In this subtitle: with the Wilderness Act (16 U.S.C. 1131 et (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Congress that any Federal permit required seq.) and other applicable laws (including for construction of the road be issued or de- has the meaning given the term in section 4 regulations). nied not later than 1 year after the date of of the Indian Self-Determination and Edu- application for the permit. SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUC- cation Assistance Act (25 U.S.C. 450b). TION. (d) APPLICABLE LAW.—Nothing in this sec- (2) LIVESTOCK.—The term ‘‘livestock’’ (a) NOTIFICATION TO VOID LAND EX- tion amends, or modifies the application of, means cattle, swine, horses, mules, sheep, CHANGE.—If the Secretary, the State, and the section 1110 of the Alaska National Interest goats, livestock guard animals, and other do- Corporation enter into the land exchange au- Lands Conservation Act (16 U.S.C. 3170). mestic animals, as determined by the Sec- thorized under section 6402(a), the State or (e) MITIGATION PLAN.— retary. the Corporation may notify the Secretary in (1) IN GENERAL.—Based on the evaluation of (3) PROGRAM.—The term ‘‘program’’ means writing of the intention of the State or Cor- impacts determined through the completion the demonstration program established poration to void the exchange if construction of the environmental impact statement under section 6502(a). of the road through the Refuge has not under section 6402(b)(2), the Secretary, in (4) SECRETARIES.—The term ‘‘Secretaries’’ begun. consultation with the entities described in means the Secretary of the Interior and the (b) DISPOSITION OF LAND EXCHANGE.—Upon section 6402(b)(3)(B), shall develop an en- the latter of the date on which the Secretary Secretary of Agriculture, acting jointly. forceable mitigation plan. receives a request under subsection (a), and SEC. 6502. WOLF COMPENSATION AND PREVEN- (2) CORRECTIVE MODIFICATIONS.—The Sec- the date on which the Secretary determines TION PROGRAM. retary may make corrective modifications to that the Federal land conveyed under the (a) IN GENERAL.—The Secretaries shall es- the mitigation plan developed under para- land exchange under section 6402(a) has not tablish a 5-year demonstration program to graph (1) if— been adversely impacted (other than any provide grants to States and Indian tribes— (A) the mitigation standards required nominal impact associated with the prepara- (1) to assist livestock producers in under- under the mitigation plan are maintained; tion of an environmental impact statement taking proactive, non-lethal activities to re- and under section 6402(b)(2)), the land exchange duce the risk of livestock loss due to preda- (B) the Secretary provides an opportunity shall be null and void. tion by wolves; and for public comment with respect to any pro- (c) RETURN OF PRIOR OWNERSHIP STATUS OF (2) to compensate livestock producers for posed corrective modification. FEDERAL AND NON-FEDERAL LAND.—If the livestock losses due to such predation. (3) AVOIDANCE OF WILDLIFE IMPACTS.—Road land exchange is voided under subsection (b) CRITERIA AND REQUIREMENTS.—The Sec- construction shall adhere to any specific (b)— retaries shall— mitigation measures included in the Record (1) the Federal land and non-Federal land (1) establish criteria and requirements to of Decision for Final Environmental Impact shall be returned to the respective ownership implement the program; and

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(2) when promulgating regulations to im- (7) SECRETARY.—The term ‘‘Secretary’’ (2) STATE AND LOCAL JURISDICTION.—Noth- plement the program under paragraph (1), means the Secretary of the Interior. ing in this section enlarges, diminishes, or consult with States that have implemented (8) STATE.—The term ‘‘State’’ means the modifies any authority of the State, or any State programs that provide assistance to— State of New Jersey. political subdivision of the State (including (A) livestock producers to undertake (b) PATERSON GREAT FALLS NATIONAL HIS- the City)— proactive activities to reduce the risk of TORICAL PARK.— (A) to exercise civil and criminal jurisdic- livestock loss due to predation by wolves; or (1) ESTABLISHMENT.— tion; or (B) provide compensation to livestock pro- (A) IN GENERAL.—Subject to subparagraph (B) to carry out State laws (including regu- ducers for livestock losses due to such preda- (B), there is established in the State a unit lations) and rules on non-Federal land lo- tion. of the National Park System to be known as cated within the boundary of the Park. (c) ELIGIBILITY.—To be eligible to receive a the ‘‘Paterson Great Falls National Histor- (3) COOPERATIVE AGREEMENTS.— grant under subsection (a), a State or Indian ical Park’’. (A) IN GENERAL.—As the Secretary deter- tribe shall— (B) CONDITIONS FOR ESTABLISHMENT.—The mines to be appropriate to carry out this (1) designate an appropriate agency of the Park shall not be established until the date section, the Secretary may enter into coop- State or Indian tribe to administer the 1 or on which the Secretary determines that— erative agreements with the owner of the more programs funded by the grant; (i)(I) the Secretary has acquired sufficient Great Falls Visitor Center or any nationally (2) establish 1 or more accounts to receive land or an interest in land within the bound- significant properties within the boundary of grant funds; ary of the Park to constitute a manageable the Park under which the Secretary may (3) maintain files of all claims received unit; or identify, interpret, restore, and provide tech- under programs funded by the grant, includ- (II) the State or City, as appropriate, has nical assistance for the preservation of the ing supporting documentation; entered into a written agreement with the properties. (4) submit to the Secretary— Secretary to donate— (B) RIGHT OF ACCESS.—A cooperative agree- (A) annual reports that include— (aa) the Great Falls State Park, including ment entered into under subparagraph (A) (i) a summary of claims and expenditures facilities for Park administration and visitor shall provide that the Secretary, acting under the program during the year; and services; or through the Director of the National Park (ii) a description of any action taken on Service, shall have the right of access at all (bb) any portion of the Great Falls State the claims; and reasonable times to all public portions of the Park agreed to between the Secretary and (B) such other reports as the Secretary property covered by the agreement for the the State or City; and may require to assist the Secretary in deter- purposes of— (ii) the Secretary has entered into a writ- mining the effectiveness of activities pro- (i) conducting visitors through the prop- ten agreement with the State, City, or other vided assistance under this section; and erties; and public entity, as appropriate, providing (5) promulgate rules for reimbursing live- (ii) interpreting the properties for the pub- that— stock producers under the program. lic. (I) land owned by the State, City, or other (d) ALLOCATION OF FUNDING.—The Secre- (C) CHANGES OR ALTERATIONS.—No changes public entity within the Historic District taries shall allocate funding made available or alterations shall be made to any prop- to carry out this subtitle— will be managed consistent with this section; erties covered by a cooperative agreement (1) equally between the uses identified in and entered into under subparagraph (A) unless paragraphs (1) and (2) of subsection (a); and (II) future uses of land within the Historic the Secretary and the other party to the (2) among States and Indian tribes based District will be compatible with the designa- agreement agree to the changes or alter- on— tion of the Park. ations. (2) PURPOSE.—The purpose of the Park is to (A) the level of livestock predation in the (D) CONVERSION, USE, OR DISPOSAL.—Any State or on the land owned by, or held in preserve and interpret for the benefit of payment made by the Secretary under this trust for the benefit of, the Indian tribe; present and future generations certain his- paragraph shall be subject to an agreement (B) whether the State or Indian tribe is lo- torical, cultural, and natural resources asso- that the conversion, use, or disposal of a cated in a geographical area that is at high ciated with the Historic District. project for purposes contrary to the purposes risk for livestock predation; or (3) BOUNDARIES.—The Park shall include of this section, as determined by the Sec- (C) any other factors that the Secretaries the following sites, as generally depicted on retary, shall entitle the United States to re- determine are appropriate. the Map: imbursement in amount equal to the greater (e) ELIGIBLE LAND.—Activities and losses (A) The upper, middle, and lower raceways. of— described in subsection (a) may occur on (B) Mary Ellen Kramer (Great Falls) Park (i) the amounts made available to the Federal, State, or private land, or land and adjacent land owned by the City. project by the United States; or owned by, or held in trust for the benefit of, (C) A portion of Upper Raceway Park, in- (ii) the portion of the increased value of an Indian tribe. cluding the Ivanhoe Wheelhouse and the So- the project attributable to the amounts (f) FEDERAL COST SHARE.—The Federal ciety for Establishing Useful Manufactures made available under this paragraph, as de- share of the cost of any activity provided as- Gatehouse. termined at the time of the conversion, use, sistance made available under this subtitle (D) Overlook Park and adjacent land, in- or, disposal. shall not exceed 50 percent of the total cost cluding the Society for Establishing Useful (E) MATCHING FUNDS.— of the activity. Manufactures Hydroelectric Plant and Ad- (i) IN GENERAL.—As a condition of the re- SEC. 6503. AUTHORIZATION OF APPROPRIATIONS. ministration Building. ceipt of funds under this paragraph, the Sec- There is authorized to be appropriated to (E) The Allied Textile Printing site, in- retary shall require that any Federal funds carry out this subtitle $1,000,000 for fiscal cluding the Colt Gun Mill ruins, Mallory made available under a cooperative agree- year 2009 and each fiscal year thereafter. Mill ruins, Waverly Mill ruins, and Todd Mill ment shall be matched on a 1-to-1 basis by TITLE VII—NATIONAL PARK SERVICE ruins. non-Federal funds. AUTHORIZATIONS (F) The Rogers Locomotive Company (ii) FORM.—With the approval of the Sec- Subtitle A—Additions to the National Park Erecting Shop, including the Paterson Mu- retary, the non-Federal share required under System seum. clause (i) may be in the form of donated SEC. 7001. PATERSON GREAT FALLS NATIONAL (G) The Great Falls Visitor Center. property, goods, or services from a non-Fed- HISTORICAL PARK, NEW JERSEY. (4) AVAILABILITY OF MAP.—The Map shall eral source. (a) DEFINITIONS.—In this section: be on file and available for public inspection (4) ACQUISITION OF LAND.— (1) CITY.—The term ‘‘City’’ means the City in the appropriate offices of the National (A) IN GENERAL.—The Secretary may ac- of Paterson, New Jersey. Park Service. quire land or interests in land within the (2) COMMISSION.—The term ‘‘Commission’’ (5) PUBLICATION OF NOTICE.—Not later than boundary of the Park by donation, purchase means the Paterson Great Falls National 60 days after the date on which the condi- from a willing seller with donated or appro- Historical Park Advisory Commission estab- tions in clauses (i) and (ii) of paragraph priated funds, or exchange. lished by subsection (e)(1). (1)(B) are satisfied, the Secretary shall pub- (B) DONATION OF STATE OWNED LAND.—Land (3) HISTORIC DISTRICT.—The term ‘‘Historic lish in the Federal Register notice of the es- or interests in land owned by the State or District’’ means the Great Falls Historic tablishment of the Park, including an offi- any political subdivision of the State may District in the State. cial boundary map for the Park. only be acquired by donation. (4) MANAGEMENT PLAN.—The term ‘‘man- (c) ADMINISTRATION.— (5) TECHNICAL ASSISTANCE AND PUBLIC IN- agement plan’’ means the management plan (1) IN GENERAL.—The Secretary shall ad- TERPRETATION.—The Secretary may provide for the Park developed under subsection (d). minister the Park in accordance with— technical assistance and public interpreta- (5) MAP.—The term ‘‘Map’’ means the map (A) this section; and tion of related historic and cultural re- entitled ‘‘Paterson Great Falls National His- (B) the laws generally applicable to units sources within the boundary of the Historic torical Park–Proposed Boundary’’, numbered of the National Park System, including— District. T03/80,001, and dated May 2008. (i) the National Park Service Organic Act (d) MANAGEMENT PLAN.— (6) PARK.—The term ‘‘Park’’ means the (16 U.S.C. 1 et seq.); and (1) IN GENERAL.—Not later than 3 fiscal Paterson Great Falls National Historical (ii) the Act of August 21, 1935 (16 U.S.C. 461 years after the date on which funds are made Park established by subsection (b)(1)(A). et seq.). available to carry out this subsection, the

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Secretary, in consultation with the Commis- (i) IN GENERAL.—Members of the Commis- landowners in either County offer to donate sion, shall complete a management plan for sion shall serve without compensation. to the United States land relating to the the Park in accordance with— (ii) TRAVEL EXPENSES.—Members of the Battles of the River Raisin on January 18 (A) section 12(b) of Public Law 91–383 (com- Commission shall be allowed travel expenses, and 22, 1813, or the aftermath of the battles, monly known as the ‘‘National Park Service including per diem in lieu of subsistence, at the Secretary of the Interior (referred to in General Authorities Act’’) (16 U.S.C. 1a–7(b)); rates authorized for an employee of an agen- this section as the ‘‘Secretary’’) shall accept and cy under subchapter I of chapter 57 of title 5, the donated land. (B) other applicable laws. United States Code, while away from the (2) DESIGNATION OF PARK.—On the acquisi- (2) COST SHARE.—The management plan home or regular place of business of the tion of land under paragraph (1) that is of shall include provisions that identify costs member in the performance of the duties of sufficient acreage to permit efficient admin- to be shared by the Federal Government, the the Commission. istration, the Secretary shall designate the State, and the City, and other public or pri- (B) STAFF.— acquired land as a unit of the National Park vate entities or individuals for necessary (i) IN GENERAL.—The Secretary shall pro- System, to be known as the ‘‘River Raisin capital improvements to, and maintenance vide the Commission with any staff members National Battlefield Park’’ (referred to in and operations of, the Park. and technical assistance that the Secretary, this section as the ‘‘Park’’). (3) SUBMISSION TO CONGRESS.—On comple- after consultation with the Commission, de- (3) LEGAL DESCRIPTION.— tion of the management plan, the Secretary termines to be appropriate to enable the (A) IN GENERAL.—The Secretary shall pre- shall submit the management plan to— Commission to carry out the duties of the pare a legal description of the land and inter- (A) the Committee on Energy and Natural Commission. ests in land designated as the Park by para- Resources of the Senate; and (ii) DETAIL OF EMPLOYEES.—The Secretary graph (2). (B) the Committee on Natural Resources of may accept the services of personnel detailed (B) AVAILABILITY OF MAP AND LEGAL DE- the House of Representatives. from— SCRIPTION.—A map with the legal description (e) PATERSON GREAT FALLS NATIONAL HIS- (I) the State; shall be on file and available for public in- TORICAL PARK ADVISORY COMMISSION.— (II) any political subdivision of the State; spection in the appropriate offices of the Na- (1) ESTABLISHMENT.—There is established a or tional Park Service. commission to be known as the ‘‘Paterson (III) any entity represented on the Com- (b) ADMINISTRATION.— Great Falls National Historical Park Advi- mission. (1) IN GENERAL.—The Secretary shall man- sory Commission’’. (9) FACA NONAPPLICABILITY.—Section 14(b) age the Park for the purpose of preserving (2) DUTIES.—The duties of the Commission of the Federal Advisory Committee Act (5 and interpreting the Battles of the River shall be to advise the Secretary in the devel- U.S.C. App.) shall not apply to the Commis- Raisin in accordance with the National Park opment and implementation of the manage- sion. Service Organic Act (16 U.S.C. 1 et seq.) and ment plan. (10) TERMINATION.—The Commission shall the Act of August 21, 1935 (16 U.S.C. 461 et (3) MEMBERSHIP.— terminate 10 years after the date of enact- seq.). (A) COMPOSITION.—The Commission shall ment of this Act. (2) GENERAL MANAGEMENT PLAN.— be composed of 9 members, to be appointed (f) STUDY OF HINCHLIFFE STADIUM.— (A) IN GENERAL.—Not later than 3 years by the Secretary, of whom— (1) IN GENERAL.—Not later than 3 fiscal after the date on which funds are made avail- (i) 4 members shall be appointed after con- years after the date on which funds are made able, the Secretary shall complete a general sideration of recommendations submitted by available to carry out this section, the Sec- management plan for the Park that, among the Governor of the State; retary shall complete a study regarding the other things, defines the role and responsi- (ii) 2 members shall be appointed after con- preservation and interpretation of Hinchliffe bility of the Secretary with regard to the in- sideration of recommendations submitted by Stadium, which is listed on the National terpretation and the preservation of the site. the City Council of Paterson, New Jersey; Register of Historic Places. (B) CONSULTATION.—The Secretary shall (iii) 1 member shall be appointed after con- (2) INCLUSIONS.—The study shall include an consult with and solicit advice and rec- sideration of recommendations submitted by assessment of— ommendations from State, county, local, and the Board of Chosen Freeholders of Passaic (A) the potential for listing the stadium as civic organizations and leaders, and other in- County, New Jersey; and a National Historic Landmark; and terested parties in the preparation of the (iv) 2 members shall have experience with (B) options for maintaining the historic in- management plan. national parks and historic preservation. tegrity of Hinchliffe Stadium. (C) INCLUSIONS.—The plan shall include— (B) INITIAL APPOINTMENTS.—The Secretary (g) AUTHORIZATION OF APPROPRIATIONS.— shall appoint the initial members of the There are authorized to be appropriated such (i) consideration of opportunities for in- Commission not later than the earlier of— sums as are necessary to carry out this sec- volvement by and support for the Park by (i) the date that is 30 days after the date on tion. State, county, and local governmental enti- ties and nonprofit organizations and other which the Secretary has received all of the SEC. 7002. WILLIAM JEFFERSON CLINTON BIRTH- recommendations for appointments under PLACE HOME NATIONAL HISTORIC interested parties; and subparagraph (A); or SITE. (ii) steps for the preservation of the re- (ii) the date that is 30 days after the Park (a) ACQUISITION OF PROPERTY; ESTABLISH- sources of the site and the costs associated is established in accordance with subsection MENT OF HISTORIC SITE.—Should the Sec- with these efforts. (b). retary of the Interior acquire, by donation (D) SUBMISSION TO CONGRESS.—On the com- (4) TERM; VACANCIES.— only from the Clinton Birthplace Founda- pletion of the general management plan, the (A) TERM.— tion, Inc., fee simple, unencumbered title to Secretary shall submit a copy of the plan to (i) IN GENERAL.—A member shall be ap- the William Jefferson Clinton Birthplace the Committee on Natural Resources of the pointed for a term of 3 years. Home site located at 117 South Hervey House of Representatives and the Committee (ii) REAPPOINTMENT.—A member may be re- Street, Hope, Arkansas, 71801, and to any on Energy and Natural Resources of the Sen- appointed for not more than 1 additional personal property related to that site, the ate. term. Secretary shall designate the William Jeffer- (3) COOPERATIVE AGREEMENTS.—The Sec- son Clinton Birthplace Home site as a Na- (B) VACANCIES.—A vacancy on the Commis- retary may enter into cooperative agree- sion shall be filled in the same manner as the tional Historic Site and unit of the National ments with State, county, local, and civic Park System, to be known as the ‘‘President original appointment was made. organizations to carry out this section. William Jefferson Clinton Birthplace Home (5) MEETINGS.—The Commission shall meet (c) REPORT.—Not later than 3 years after National Historic Site’’. at the call of— the date of enactment of this Act, the Sec- (b) APPLICABILITY OF OTHER LAWS.—The retary shall submit to the Committee on En- (A) the Chairperson; or Secretary shall administer the President (B) a majority of the members of the Com- ergy and Natural Resources of the Senate William Jefferson Clinton Birthplace Home and the Committee on Natural Resources of mission. National Historic Site in accordance with (6) QUORUM.—A majority of the Commis- the House a report describing the progress the laws generally applicable to national his- made with respect to acquiring real property sion shall constitute a quorum. toric sites, including the Act entitled ‘‘An (7) CHAIRPERSON AND VICE CHAIRPERSON.— under this section and designating the River Act to establish a National Park Service, Raisin National Battlefield Park. (A) IN GENERAL.—The Commission shall se- and for other purposes’’, approved August 25, (d) AUTHORIZATION OF APPROPRIATIONS.— lect a Chairperson and Vice Chairperson 1916 (16 U.S.C. 1–4), and the Act entitled ‘‘An from among the members of the Commis- There are authorized to be appropriated such Act to provide for the preservation of his- sums as are necessary to carry out this sec- sion. toric American sites, buildings, objects and tion. (B) VICE CHAIRPERSON.—The Vice Chair- antiquities of national significance, and for person shall serve as Chairperson in the ab- other purposes’’, approved August 21, 1935 (16 Subtitle B—Amendments to Existing Units of sence of the Chairperson. U.S.C. 461 et seq.). the National Park System (C) TERM.—A member may serve as Chair- SEC. 7003. RIVER RAISIN NATIONAL BATTLE- SEC. 7101. FUNDING FOR KEWEENAW NATIONAL person or Vice Chairman for not more than FIELD PARK. HISTORICAL PARK. 1 year in each office. (a) ESTABLISHMENT.— (a) ACQUISITION OF PROPERTY.—Section 4 of (8) COMMISSION PERSONNEL MATTERS.— (1) IN GENERAL.—If Monroe County or Public Law 102–543 (16 U.S.C. 410yy–3) is (A) COMPENSATION OF MEMBERS.— Wayne County, Michigan, or other willing amended by striking subsection (d).

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(b) MATCHING FUNDS.—Section 8(b) of Pub- (4) by adding after subsection (d)(2) the fol- ‘‘(2) vegetative cover; lic Law 102–543 (16 U.S.C. 410yy–7(b)) is lowing new paragraph: ‘‘(3) the integrity of ecological and biologi- amended by striking ‘‘$4’’ and inserting ‘‘$1’’. ‘‘(3) The Secretary may acquire lands cal systems; and (c) AUTHORIZATION OF APPROPRIATIONS.— added by subsection (a)(5) only from willing ‘‘(4) water and air quality. Section 10 of Public Law 102–543 (16 U.S.C. sellers.’’. ‘‘(c) ADJACENT LAND.—With the consent of 410yy–9) is amended— SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL the owner and the parish governing author- (1) in subsection (a)— PARK AND PRESERVE BOUNDARY ity, the Secretary may— (A) by striking ‘‘$25,000,000’’ and inserting ADJUSTMENT. ‘‘(1) acquire land, water, and interests in ‘‘$50,000,000’’; and (a) IN GENERAL.—Section 901 of the Na- land and water, by any of the methods re- (B) by striking ‘‘$3,000,000’’ and inserting tional Parks and Recreation Act of 1978 (16 ferred to in subsection (a)(1)(A) (including ‘‘$25,000,000’’; and U.S.C. 230) is amended in the second sentence use of appropriations from the Land and (2) in subsection (b), by striking ‘‘$100,000’’ by striking ‘‘of approximately twenty thou- Water Conservation Fund); and and all that follows through ‘‘those duties’’ sand acres generally depicted on the map en- ‘‘(2) revise the boundaries of the Barataria and inserting ‘‘$250,000’’. titled ‘Barataria Marsh Unit-Jean Lafitte Preserve Unit to include adjacent land and National Historical Park and Preserve’ num- water.’’; and SEC. 7102. LOCATION OF VISITOR AND ADMINIS- bered 90,000B and dated April 1978,’’ and in- TRATIVE FACILITIES FOR WEIR (3) by redesignating subsection (g) as sub- FARM NATIONAL HISTORIC SITE. serting ‘‘generally depicted on the map enti- section (d). Section 4(d) of the Weir Farm National tled ‘Boundary Map, Barataria Preserve (c) DEFINITION OF IMPROVED PROPERTY.— Historic Site Establishment Act of 1990 (16 Unit, Jean Lafitte National Historical Park Section 903 of the National Parks and Recre- and Preserve’, numbered 467/80100A, and U.S.C. 461 note) is amended— ation Act of 1978 (16 U.S.C. 230b) is amended dated December 2007,’’. (1) in paragraph (1)(B), by striking ‘‘contig- in the fifth sentence by inserting ‘‘(or Janu- (b) ACQUISITION OF LAND.—Section 902 of ary 1, 2007, for areas added to the park after uous to’’ and all that follows and inserting the National Parks and Recreation Act of ‘‘within Fairfield County.’’; that date)’’ after ‘‘January 1, 1977’’. 1978 (16 U.S.C. 230a) is amended— (d) HUNTING, FISHING, AND TRAPPING.—Sec- (2) by amending paragraph (2) to read as (1) in subsection (a)— tion 905 of the National Parks and Recre- follows: (A) by striking ‘‘(a) Within the’’ and all ation Act of 1978 (16 U.S.C. 230d) is amended ‘‘(2) DEVELOPMENT.— that follows through the first sentence and in the first sentence by striking ‘‘, except ‘‘(A) MAINTAINING NATURAL CHARACTER.— inserting the following: that within the core area and on those lands The Secretary shall keep development of the ‘‘(a) IN GENERAL.— acquired by the Secretary pursuant to sec- property acquired under paragraph (1) to a ‘‘(1) BARATARIA PRESERVE UNIT.— tion 902(c) of this title, he’’ and inserting ‘‘on minimum so that the character of the ac- ‘‘(A) IN GENERAL.—The Secretary may ac- land, and interests in land and water man- quired property will be similar to the nat- quire any land, water, and interests in land aged by the Secretary, except that the Sec- ural and undeveloped landscape of the prop- and water within the Barataria Preserve retary’’. erty described in subsection (b). Unit by donation, purchase with donated or (e) ADMINISTRATION.—Section 906 of the Na- ‘‘(B) TREATMENT OF PREVIOUSLY DEVELOPED appropriated funds, transfer from any other tional Parks and Recreation Act of 1978 (16 PROPERTY.—Nothing in subparagraph (A) Federal agency, or exchange. U.S.C. 230e) is amended— shall either prevent the Secretary from ac- ‘‘(B) LIMITATIONS.— (1) by striking the first sentence; and quiring property under paragraph (1) that, ‘‘(i) IN GENERAL.—Any non-Federal land de- (2) in the second sentence, by striking prior to the Secretary’s acquisition, was de- picted on the map described in section 901 as ‘‘Pending such establishment and thereafter veloped in a manner inconsistent with sub- ‘Lands Proposed for Addition’ may be ac- the’’ and inserting ‘‘The’’. paragraph (A), or require the Secretary to quired by the Secretary only with the con- (f) REFERENCES IN LAW.— remediate such previously developed prop- sent of the owner of the land. (1) IN GENERAL.—Any reference in a law (in- erty to reflect the natural character de- ‘‘(ii) BOUNDARY ADJUSTMENT.—On the date cluding regulations), map, document, paper, scribed in subparagraph (A).’’; and on which the Secretary acquires a parcel of or other record of the United States— (3) in paragraph (3), in the matter pre- land described in clause (i), the boundary of (A) to the Barataria Marsh Unit shall be ceding subparagraph (A), by striking ‘‘the the Barataria Preserve Unit shall be ad- considered to be a reference to the Barataria appropriate zoning authority’’ and all that justed to reflect the acquisition. Preserve Unit; or follows through ‘‘Wilton, Connecticut,’’ and ‘‘(iii) EASEMENTS.—To ensure adequate (B) to the Jean Lafitte National Historical inserting ‘‘the local governmental entity hurricane protection of the communities lo- Park shall be considered to be a reference to that, in accordance with applicable State cated in the area, any land identified on the the Jean Lafitte National Historical Park law, has jurisdiction over any property ac- map described in section 901 that is acquired and Preserve. quired under paragraph (1)(A)’’. or transferred shall be subject to any ease- (2) CONFORMING AMENDMENTS.—Title IX of SEC. 7103. LITTLE RIVER CANYON NATIONAL ments that have been agreed to by the Sec- the National Parks and Recreation Act of PRESERVE BOUNDARY EXPANSION. retary and the Secretary of the Army. 1978 (16 U.S.C. 230 et seq.) is amended— Section 2 of the Little River Canyon Na- ‘‘(C) TRANSFER OF ADMINISTRATION JURIS- (A) by striking ‘‘Barataria Marsh Unit’’ tional Preserve Act of 1992 (16 U.S.C. 698q) is DICTION.—Effective on the date of enactment each place it appears and inserting amended— of the Omnibus Public Land Management ‘‘Barataria Preserve Unit’’; and (1) in subsection (b)— Act of 2009, administrative jurisdiction over (B) by striking ‘‘Jean Lafitte National His- (A) by striking ‘‘The Preserve’’ and insert- any Federal land within the areas depicted torical Park’’ each place it appears and in- ing the following: on the map described in section 901 as ‘Lands serting ‘‘Jean Lafitte National Historical ‘‘(1) IN GENERAL.—The Preserve’’; and Proposed for Addition’ is transferred, with- Park and Preserve’’. (B) by adding at the end the following: out consideration, to the administrative ju- SEC. 7106. MINUTE MAN NATIONAL HISTORICAL ‘‘(2) BOUNDARY EXPANSION.—The boundary risdiction of the National Park Service, to be PARK. of the Preserve is modified to include the administered as part of the Barataria Pre- (a) DEFINITIONS.—In this section: land depicted on the map entitled ‘Little serve Unit.’’; (1) MAP.—The term ‘‘map’’ means the map River Canyon National Preserve Proposed (B) in the second sentence, by striking entitled ‘‘Minute Man National Historical Boundary’, numbered 152/80,004, and dated ‘‘The Secretary may also acquire by any of Park Proposed Boundary’’, numbered 406/ December 2007.’’; and the foregoing methods’’ and inserting the 81001, and dated July 2007. (2) in subsection (c), by striking ‘‘map’’ and following: (2) PARK.—The term ‘‘Park’’ means the inserting ‘‘maps’’. ‘‘(2) FRENCH QUARTER.—The Secretary may Minute Man National Historical Park in the SEC. 7104. HOPEWELL CULTURE NATIONAL HIS- acquire by any of the methods referred to in State of Massachusetts. TORICAL PARK BOUNDARY EXPAN- paragraph (1)(A)’’; (3) SECRETARY.—The term ‘‘Secretary’’ SION. (C) in the third sentence, by striking means the Secretary of the Interior. Section 2 of the Act entitled ‘‘An Act to re- ‘‘Lands, waters, and interests therein’’ and (b) MINUTE MAN NATIONAL HISTORICAL name and expand the boundaries of the inserting the following: PARK.— Mound City Group National Monument in ‘‘(3) ACQUISITION OF STATE LAND.—Land, (1) BOUNDARY ADJUSTMENT.— Ohio’’, approved May 27, 1992 (106 Stat. 185), water, and interests in land and water’’; and (A) IN GENERAL.—The boundary of the Park is amended— (D) in the fourth sentence, by striking ‘‘In is modified to include the area generally de- (1) by striking ‘‘and’’ at the end of sub- acquiring’’ and inserting the following: picted on the map. section (a)(3); ‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In (B) AVAILABILITY OF MAP.—The map shall (2) by striking the period at the end of sub- acquiring’’; be on file and available for inspection in the section (a)(4) and inserting ‘‘; and’’; (2) by striking subsections (b) through (f) appropriate offices of the National Park (3) by adding after subsection (a)(4) the fol- and inserting the following: Service. lowing new paragraph: ‘‘(b) RESOURCE PROTECTION.—With respect (2) ACQUISITION OF LAND.—The Secretary ‘‘(5) the map entitled ‘Hopewell Culture to the land, water, and interests in land and may acquire the land or an interest in the National Historical Park, Ohio Proposed water of the Barataria Preserve Unit, the land described in paragraph (1)(A) by— Boundary Adjustment’ numbered 353/80,049 Secretary shall preserve and protect— (A) purchase from willing sellers with do- and dated June, 2006.’’; and ‘‘(1) fresh water drainage patterns; nated or appropriated funds;

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.042 S15JAPT1 jbell on PROD1PC69 with SENATE S486 CONGRESSIONAL RECORD — SENATE January 15, 2009 (B) donation; or (i) is owned by the State, the specific area ized by donation, payment using donated or (C) exchange. and location of which shall be determined by appropriated funds, or the conveyance of ad- (3) ADMINISTRATION OF LAND.—The Sec- the State; or ditional parcels of land. retary shall administer the land added to the (ii)(I) is owned by the Company; (D) APPRAISAL.—Before the exchange of Park under paragraph (1)(A) in accordance (II) comprises approximately 320 acres; and land under subparagraph (A), appraisals for with applicable laws (including regulations). (III) is located within the East Everglades the Federal and non-Federal land shall be (c) AUTHORIZATION OF APPROPRIATIONS.— Acquisition Area, as generally depicted on conducted in accordance with the Uniform There are authorized to be appropriated such the map as ‘‘Tract D’’. Appraisal Standards for Federal Land Acqui- sums as are necessary to carry out this sec- (F) SECRETARY.—The term ‘‘Secretary’’ sitions and the Uniform Standards of Profes- tion. means the Secretary of the Interior. sional Appraisal Practice. (G) STATE.—The term ‘‘State’’ means the (E) TECHNICAL CORRECTIONS.—Subject to SEC. 7107. EVERGLADES NATIONAL PARK. State of Florida and political subdivisions of the agreement of the Company, the Sec- (a) INCLUSION OF TARPON BASIN PROP- the State, including the South Florida Water retary may make minor corrections to cor- ERTY.— Management District. rect technical and clerical errors in the legal (1) DEFINITIONS.—In this subsection: (2) LAND EXCHANGE WITH STATE.— descriptions of the Federal and non-Federal (A) HURRICANE HOLE.—The term ‘‘Hurri- (A) IN GENERAL.—Subject to the provisions land and minor adjustments to the bound- cane Hole’’ means the natural salt-water of this paragraph, if the State offers to con- aries of the Federal and non-Federal land. body of water within the Duesenbury Tracts vey to the Secretary all right, title, and in- (F) ADMINISTRATION OF LAND ACQUIRED BY of the eastern parcel of the Tarpon Basin terest of the State in and to specific parcels SECRETARY.—Land acquired by the Secretary boundary adjustment and accessed by of non-Federal land, and the offer is accept- under subparagraph (A) shall— Duesenbury Creek. able to the Secretary, the Secretary may, (i) become part of the National Park; and (B) MAP.—The term ‘‘map’’ means the map subject to valid existing rights, accept the (ii) be administered in accordance with the entitled ‘‘Proposed Tarpon Basin Boundary offer and convey to the State all right, title, laws applicable to the National Park Sys- Revision’’, numbered 160/80,012, and dated and interest of the United States in and to tem. May 2008. the Federal land generally depicted on the (4) MAP.—The map shall be on file and (C) SECRETARY.—The term ‘‘Secretary’’ map as ‘‘Tract A’’. available for public inspection in the appro- means the Secretary of the Interior. (B) CONDITIONS.—The land exchange under priate offices of the National Park Service. (D) TARPON BASIN PROPERTY.—The term subparagraph (A) shall be subject to such (5) BOUNDARY REVISION.—On completion of ‘‘Tarpon Basin property’’ means land that— terms and conditions as the Secretary may the land exchanges authorized by this sub- (i) is comprised of approximately 600 acres require. section, the Secretary shall adjust the of land and water surrounding Hurricane (C) VALUATION.— boundary of the National Park accordingly, Hole, as generally depicted on the map; and (i) IN GENERAL.—The values of the land in- including removing the land conveyed out of (ii) is located in South Key Largo. volved in the land exchange under subpara- Federal ownership. graph (A) shall be equal. (2) BOUNDARY REVISION.— (ii) EQUALIZATION.—If the values of the SEC. 7108. KALAUPAPA NATIONAL HISTORICAL (A) IN GENERAL.—The boundary of the Ev- land are not equal, the values may be equal- PARK. erglades National Park is adjusted to include ized by donation, payment using donated or (a) IN GENERAL.—The Secretary of the In- the Tarpon Basin property. appropriated funds, or the conveyance of ad- terior shall authorize Ka ‘Ohana O (B) ACQUISITION AUTHORITY.—The Secretary ditional parcels of land. Kalaupapa, a non-profit organization con- may acquire from willing sellers by dona- (D) APPRAISALS.—Before the exchange of sisting of patient residents at Kalaupapa Na- tion, purchase with donated or appropriated land under subparagraph (A), appraisals for tional Historical Park, and their family funds, or exchange, land, water, or interests the Federal and non-Federal land shall be members and friends, to establish a memo- in land and water, within the area depicted conducted in accordance with the Uniform rial at a suitable location or locations ap- on the map, to be added to Everglades Na- Appraisal Standards for Federal Land Acqui- proved by the Secretary at Kalawao or tional Park. sitions and the Uniform Standards of Profes- Kalaupapa within the boundaries of (C) AVAILABILITY OF MAP.—The map shall sional Appraisal Practice. Kalaupapa National Historical Park located be on file and available for public inspection (E) TECHNICAL CORRECTIONS.—Subject to on the island of Molokai, in the State of Ha- in the appropriate offices of the National the agreement of the State, the Secretary waii, to honor and perpetuate the memory of Park Service. may make minor corrections to correct tech- those individuals who were forcibly relo- (D) ADMINISTRATION.—Land added to Ever- nical and clerical errors in the legal descrip- cated to Kalaupapa Peninsula from 1866 to glades National Park by this section shall be tions of the Federal and non-Federal land 1969. administered as part of Everglades National and minor adjustments to the boundaries of Park in accordance with applicable laws (in- (b) DESIGN.— the Federal and non-Federal land. (1) IN GENERAL.—The memorial authorized cluding regulations). (F) ADMINISTRATION OF LAND ACQUIRED BY (3) HURRICANE HOLE.—The Secretary may by subsection (a) shall— SECRETARY.—Land acquired by the Secretary (A) display in an appropriate manner the allow use of Hurricane Hole by sailing ves- under subparagraph (A) shall— sels during emergencies, subject to such names of the first 5,000 individuals sent to (i) become part of the National Park; and the Kalaupapa Peninsula between 1866 and terms and conditions as the Secretary deter- (ii) be administered in accordance with the mines to be necessary. 1896, most of whom lived at Kalawao; and laws applicable to the National Park Sys- (B) display in an appropriate manner the (4) AUTHORIZATION OF APPROPRIATIONS.— tem. There are authorized to be appropriated such names of the approximately 3,000 individuals (3) LAND EXCHANGE WITH COMPANY.— who arrived at Kalaupapa in the second part sums as are necessary to carry out this sub- (A) IN GENERAL.—Subject to the provisions section. of its history, when most of the community of this paragraph, if the Company offers to was concentrated on the Kalaupapa side of (b) LAND EXCHANGES.— convey to the Secretary all right, title, and the peninsula. (1) DEFINITIONS.—In this subsection: interest of the Company in and to the non- (2) APPROVAL.—The location, size, design, (A) COMPANY.—The term ‘‘Company’’ Federal land generally depicted on the map and inscriptions of the memorial authorized means Florida Power & Light Company. as ‘‘Tract D’’, and the offer is acceptable to by subsection (a) shall be subject to the ap- (B) FEDERAL LAND.—The term ‘‘Federal the Secretary, the Secretary may, subject to proval of the Secretary of the Interior. Land’’ means the parcels of land that are— valid existing rights, accept the offer and (c) FUNDING.—Ka ‘Ohana O Kalaupapa, a (i) owned by the United States; convey to the Company all right, title, and nonprofit organization, shall be solely re- (ii) administered by the Secretary; interest of the United States in and to the sponsible for acceptance of contributions for (iii) located within the National Park; and Federal land generally depicted on the map and payment of the expenses associated with (iv) generally depicted on the map as— as ‘‘Tract B’’, along with a perpetual ease- the establishment of the memorial. (I) Tract A, which is adjacent to the ment on a corridor of land contiguous to Tamiami Trail, U.S. Rt. 41; and Tract B for the purpose of vegetation man- SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL (II) Tract B, which is located on the east- agement. RECREATION AREA. ern boundary of the National Park. (B) CONDITIONS.—The land exchange under (a) COOPERATIVE AGREEMENTS.—Section (C) MAP.—The term ‘‘map’’ means the map subparagraph (A) shall be subject to such 1029(d) of the Omnibus Parks and Public prepared by the National Park Service, enti- terms and conditions as the Secretary may Lands Management Act of 1996 (16 U.S.C. tled ‘‘Proposed Land Exchanges, Everglades require. 460kkk(d)) is amended by striking paragraph National Park’’, numbered 160/60411A, and (C) VALUATION.— (3) and inserting the following: dated September 2008. (i) IN GENERAL.—The values of the land in- ‘‘(3) AGREEMENTS.— (D) NATIONAL PARK.—The term ‘‘National volved in the land exchange under subpara- ‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In Park’’ means the Everglades National Park graph (A) shall be equal unless the non-Fed- this paragraph, the term ‘eligible entity’ located in the State. eral land is of higher value than the Federal means— (E) NON-FEDERAL LAND.—The term ‘‘non- land. ‘‘(i) the Commonwealth of Massachusetts; Federal land’’ means the land in the State (ii) EQUALIZATION.—If the values of the ‘‘(ii) a political subdivision of the Com- that— land are not equal, the values may be equal- monwealth of Massachusetts; or

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.042 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S487 ‘‘(iii) any other entity that is a member of ing sellers only, by donation, purchase with pretive nature that the Secretary determines the Boston Harbor Islands Partnership de- donated or appropriated funds, or exchange. to be directly related to the struggle for scribed in subsection (e)(2). (B) PERSONAL PROPERTY.—The Secretary women’s suffrage. ‘‘(B) AUTHORITY OF SECRETARY.—Subject to may acquire personal property associated ‘‘(f) COOPERATIVE AGREEMENTS AND MEMO- subparagraph (C), the Secretary may consult with, and appropriate for, interpretation of RANDA OF UNDERSTANDING.— with an eligible entity on, and enter into the Historical Park. ‘‘(1) IN GENERAL.—To facilitate the estab- with the eligible entity— (3) COOPERATIVE AGREEMENTS.—The Sec- lishment of the Trail and to ensure effective ‘‘(i) a cooperative management agreement retary may consult and enter into coopera- coordination of the Federal and non-Federal to acquire from, and provide to, the eligible tive agreements with interested entities and properties designated as stops along the entity goods and services for the cooperative individuals to provide for the preservation, Trail, the Secretary may enter into coopera- management of land within the recreation development, interpretation, and use of the tive agreements and memoranda of under- area; and Historical Park. standing with, and provide technical and fi- ‘‘(ii) notwithstanding section 6305 of title (4) REPEAL OF SUPERSEDED LAW.—Public nancial assistance to, other Federal agen- 31, United States Code, a cooperative agree- Law 87–628 (76 Stat. 428), regarding the estab- cies, the State, localities, regional govern- ment for the construction of recreation area lishment and administration of the Edison mental bodies, and private entities. facilities on land owned by an eligible entity National Historic Site, is repealed. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— for purposes consistent with the manage- (5) REFERENCES.—Any reference in a law, There are authorized to be appropriated to ment plan under subsection (f). map, regulation, document, paper, or other the Secretary such sums as are necessary for ‘‘(C) CONDITIONS.—The Secretary may record of the United States to the ‘‘Edison the period of fiscal years 2009 through 2013 to enter into an agreement with an eligible en- National Historic Site’’ shall be deemed to provide financial assistance to cooperating tity under subparagraph (B) only if the Sec- be a reference to the ‘‘Thomas Edison Na- entities pursuant to agreements or memo- retary determines that— tional Historical Park’’. randa entered into under paragraph (1).’’. ‘‘(i) appropriations for carrying out the (d) AUTHORIZATION OF APPROPRIATIONS.— (b) NATIONAL WOMEN’S RIGHTS HISTORY purposes of the agreement are available; and There is authorized to be appropriated such PROJECT NATIONAL REGISTRY.— ‘‘(ii) the agreement is in the best interests sums as may be necessary to carry out this (1) IN GENERAL.—The Secretary of the Inte- of the United States.’’. section. rior (referred to in this section as the ‘‘Sec- (b) TECHNICAL AMENDMENTS.— SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTOR- retary’’) may make annual grants to State (1) MEMBERSHIP.—Section 1029(e)(2)(B) of ICAL PARK. the Omnibus Parks and Public Lands Man- historic preservation offices for not more (a) VOTES FOR WOMEN TRAIL.—Title XVI of agement Act of 1996 (16 U.S.C. than 5 years to assist the State historic pres- Public Law 96–607 (16 U.S.C. 410ll) is amended 460kkk(e)(2)(B)) is amended by striking ervation offices in surveying, evaluating, and by adding at the end the following: ‘‘Coast Guard’’ and inserting ‘‘Coast nominating to the National Register of His- Guard.’’. ‘‘SEC. 1602. VOTES FOR WOMEN TRAIL. toric Places women’s rights history prop- erties. (2) DONATIONS.—Section 1029(e)(11) of the ‘‘(a) DEFINITIONS.—In this section: Omnibus Parks and Public Lands Manage- ‘‘(1) PARK.—The term ‘Park’ means the (2) ELIGIBILITY.—In making grants under ment Act of 1996 (16 U.S.C. 460kkk(e)(11)) is Women’s Rights National Historical Park es- paragraph (1), the Secretary shall give pri- amended by striking ‘‘Nothwithstanding’’ tablished by section 1601. ority to grants relating to properties associ- and inserting ‘‘Notwithstanding’’. ‘‘(2) SECRETARY.—The term ‘Secretary’ ated with the multiple facets of the women’s rights movement, such as politics, econom- SEC. 7110. THOMAS EDISON NATIONAL HISTOR- means the Secretary of the Interior, acting ICAL PARK, NEW JERSEY. through the Director of the National Park ics, education, religion, and social and fam- (a) PURPOSES.—The purposes of this section Service. ily rights. are— ‘‘(3) STATE.—The term ‘State’ means the (3) UPDATES.—The Secretary shall ensure (1) to recognize and pay tribute to Thomas State of New York. that the National Register travel itinerary Alva Edison and his innovations; and ‘‘(4) TRAIL.—The term ‘Trail’ means the website entitled ‘‘Places Where Women Made (2) to preserve, protect, restore, and en- Votes for Women History Trail Route des- History’’ is updated to contain— hance the Edison National Historic Site to ignated under subsection (b). (A) the results of the inventory conducted ensure public use and enjoyment of the Site ‘‘(b) ESTABLISHMENT OF TRAIL ROUTE.—The under paragraph (1); and as an educational, scientific, and cultural Secretary, with concurrence of the agency (B) any links to websites related to places center. having jurisdiction over the relevant roads, on the inventory. (b) ESTABLISHMENT.— may designate a vehicular tour route, to be (4) COST-SHARING REQUIREMENT.—The Fed- (1) IN GENERAL.—There is established the known as the ‘Votes for Women History eral share of the cost of any activity carried Thomas Edison National Historical Park as Trail Route’, to link properties in the State out using any assistance made available a unit of the National Park System (referred that are historically and thematically asso- under this subsection shall be 50 percent. to in this section as the ‘‘Historical Park’’). ciated with the struggle for women’s suffrage (5) AUTHORIZATION OF APPROPRIATIONS.— (2) BOUNDARIES.—The Historical Park shall in the United States. There is authorized to be appropriated to the be comprised of all property owned by the ‘‘(c) ADMINISTRATION.—The Trail shall be Secretary to carry out this subsection United States in the Edison National His- administered by the National Park Service $1,000,000 for each of fiscal years 2009 through toric Site as well as all property authorized through the Park. 2013. to be acquired by the Secretary of the Inte- ‘‘(d) ACTIVITIES.—To facilitate the estab- (c) NATIONAL WOMEN’S RIGHTS HISTORY rior (referred to in this section as the ‘‘Sec- lishment of the Trail and the dissemination PROJECT PARTNERSHIPS NETWORK.— retary’’) for inclusion in the Edison National of information regarding the Trail, the Sec- (1) GRANTS.—The Secretary may make Historic Site before the date of the enact- retary shall— matching grants and give technical assist- ment of this Act, as generally depicted on ‘‘(1) produce and disseminate appropriate ance for development of a network of govern- the map entitled the ‘‘Thomas Edison Na- educational materials regarding the Trail, mental and nongovernmental entities (re- tional Historical Park’’, numbered 403/80,000, such as handbooks, maps, exhibits, signs, in- ferred to in this subsection as the ‘‘net- and dated April 2008. terpretive guides, and electronic informa- work’’), the purpose of which is to provide (3) MAP.—The map of the Historical Park tion; interpretive and educational program devel- shall be on file and available for public in- ‘‘(2) coordinate the management, planning, opment of national women’s rights history, spection in the appropriate offices of the Na- and standards of the Trail in partnership including historic preservation. tional Park Service. with participating properties, other Federal (2) MANAGEMENT OF NETWORK.— (c) ADMINISTRATION.— agencies, and State and local governments; (A) IN GENERAL.—The Secretary shall, (1) IN GENERAL.—The Secretary shall ad- ‘‘(3) create and adopt an official, uniform through a competitive process, designate a minister the Historical Park in accordance symbol or device to mark the Trail; and nongovernmental managing network to man- with this section and with the provisions of ‘‘(4) issue guidelines for the use of the sym- age the network. law generally applicable to units of the Na- bol or device adopted under paragraph (3). (B) COORDINATION.—The nongovernmental tional Park System, including the Acts enti- ‘‘(e) ELEMENTS OF TRAIL ROUTE.—Subject managing entity designated under subpara- tled ‘‘An Act to establish a National Park to the consent of the owner of the property, graph (A) shall work in partnership with the Service, and for other purposes,’’ approved the Secretary may designate as an official Director of the National Park Service and August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et stop on the Trail— State historic preservation offices to coordi- seq.) and ‘‘An Act to provide for the preser- ‘‘(1) all units and programs of the Park re- nate operation of the network. vation of historic American sites, buildings, lating to the struggle for women’s suffrage; (3) COST-SHARING REQUIREMENT.— objects, and antiquities of national signifi- ‘‘(2) other Federal, State, local, and pri- (A) IN GENERAL.—The Federal share of the cance, and for other purposes,’’ approved Au- vately owned properties that the Secretary cost of any activity carried out using any as- gust 21, 1935 (16 U.S.C. 461 et seq.). determines have a verifiable connection to sistance made available under this sub- (2) ACQUISITION OF PROPERTY.— the struggle for women’s suffrage; and section shall be 50 percent. (A) REAL PROPERTY.—The Secretary may ‘‘(3) other governmental and nongovern- (B) STATE HISTORIC PRESERVATION OF- acquire land or interests in land within the mental facilities and programs of an edu- FICES.—Matching grants for historic preser- boundaries of the Historical Park, from will- cational, commemorative, research, or inter- vation specific to the network may be made

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available through State historic preserva- park shall consist of approximately 34 acres (f) CAPTAIN JOHN SMITH CHESAPEAKE NA- tion offices. of land, as generally depicted on the map en- TIONAL HISTORIC TRAIL.—Section 5(a)(25)(A) (4) AUTHORIZATION OF APPROPRIATIONS.— titled ‘Palo Alto Battlefield NHS Proposed of the National Trails System Act (16 U.S.C. There is authorized to be appropriated to the Boundary Expansion’, numbered 469/80,012, 1244(a)(25)(A)) is amended by striking ‘‘The Secretary to carry out this subsection and dated May 21, 2008. John Smith’’ and inserting ‘‘The Captain $1,000,000 for each of fiscal years 2009 through ‘‘(B) AVAILABILITY OF MAP.—The map de- John Smith’’. 2013. scribed in subparagraph (A) shall be on file (g) DELAWARE NATIONAL COASTAL SPECIAL SEC. 7112. MARTIN VAN BUREN NATIONAL HIS- and available for public inspection in the ap- RESOURCE STUDY.—Section 604 of the Dela- TORIC SITE. propriate offices of the National Park Serv- ware National Coastal Special Resources (a) DEFINITIONS.—In this section: ice.’’; and Study Act (Public Law 109–338; 120 Stat. 1856) (1) HISTORIC SITE.—The term ‘‘historic (4) in paragraph (3) (as redesignated by is amended by striking ‘‘under section 605’’. site’’ means the Martin Van Buren National paragraph (2))— (h) USE OF RECREATION FEES.—Section Historic Site in the State of New York estab- (A) by striking ‘‘(3) Within’’ and inserting 808(a)(1)(F) of the Federal Lands Recreation lished by Public Law 93–486 (16 U.S.C. 461 the following: Enhancement Act (16 U.S.C. 6807(a)(1)(F)) is note) on October 26, 1974. ‘‘(3) LEGAL DESCRIPTION.—Not later than’’; amended by striking ‘‘section 6(a)’’ and in- (2) MAP.—The term ‘‘map’’ means the map and serting ‘‘section 806(a)’’. entitled ‘‘Boundary Map, Martin Van Buren (B) in the second sentence, by striking (i) CROSSROADS OF THE AMERICAN REVOLU- National Historic Site’’, numbered ‘‘460/ ‘‘map referred to in paragraph (1)’’ and in- TION NATIONAL HERITAGE AREA.—Section 80801’’, and dated January 2005. serting ‘‘maps referred to in paragraphs (1) 297F(b)(2)(A) of the Crossroads of the Amer- (3) SECRETARY.—The term ‘‘Secretary’’ and (2)’’. ican Revolution National Heritage Area Act means the Secretary of the Interior. SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NA- of 2006 (Public Law 109–338; 120 Stat. 1844) is (b) BOUNDARY ADJUSTMENTS TO THE HIS- TIONAL HISTORICAL PARK. amended by inserting ‘‘duties’’ before ‘‘of TORIC SITE.— (a) DESIGNATION.—The Abraham Lincoln the’’. Birthplace National Historic Site in the (1) BOUNDARY ADJUSTMENT.—The boundary (j) CUYAHOGA VALLEY NATIONAL PARK.— of the historic site is adjusted to include ap- State of Kentucky shall be known and des- Section 474(12) of the Consolidated Natural ignated as the ‘‘Abraham Lincoln Birthplace proximately 261 acres of land identified as Resources Act of 2008 (Public Law 1110–229; National Historical Park’’. the ‘‘PROPOSED PARK BOUNDARY’’, as 122 Stat. 827) is amended by striking (b) REFERENCES.—Any reference in a law, generally depicted on the map. ‘‘Cayohoga’’ each place it appears and insert- (2) ACQUISITION AUTHORITY.—The Secretary map, regulation, document, paper, or other record of the United States to the Abraham ing ‘‘Cuyahoga’’. may acquire the land and any interests in (k) PENNSYLVANIA AVENUE NATIONAL HIS- the land described in paragraph (1) from will- Lincoln Birthplace National Historic Site shall be deemed to be a reference to the TORIC SITE.— ing sellers by donation, purchase with do- (1) NAME ON MAP.—Section 313(d)(1)(B) of nated or appropriated funds, or exchange. ‘‘Abraham Lincoln Birthplace National His- torical Park’’. the Department of the Interior and Related (3) AVAILABILITY OF MAP.—The map shall Agencies Appropriations Act, 1996 (Public be on file and available for public inspection SEC. 7115. NEW RIVER GORGE NATIONAL RIVER. Section 1106 of the National Parks and Law 104–134; 110 Stat. 1321–199; 40 U.S.C. 872 in the appropriate offices of the National note) is amended by striking ‘‘map entitled Park Service. Recreation Act of 1978 (16 U.S.C. 460m–20) is amended in the first sentence by striking ‘Pennsylvania Avenue National Historic (4) ADMINISTRATION.—Land acquired for the ‘‘may’’ and inserting ‘‘shall’’. Park’, dated June 1, 1995, and numbered 840– historic site under this section shall be ad- 82441’’ and inserting ‘‘map entitled ‘Pennsyl- ministered as part of the historic site in ac- SEC. 7116. TECHNICAL CORRECTIONS. (a) GAYLORD NELSON WILDERNESS.— vania Avenue National Historic Site’, dated cordance with applicable law (including reg- August 25, 2008, and numbered 840–82441B’’. ulations). (1) REDESIGNATION.—Section 140 of division E of the Consolidated Appropriations Act, (2) REFERENCES.—Any reference in a law, (c) AUTHORIZATION OF APPROPRIATIONS.— map, regulation, document, paper, or other There are authorized to be appropriated such 2005 (16 U.S.C. 1132 note; Public Law 108–447), record of the United States to the Pennsyl- sums as are necessary to carry out this sec- is amended— vania Avenue National Historic Park shall tion. (A) in subsection (a), by striking ‘‘Gaylord A. Nelson’’ and inserting ‘‘Gaylord Nelson’’; be deemed to be a reference to the ‘‘Pennsyl- SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL vania Avenue National Historic Site’’. HISTORICAL PARK. and (a) DESIGNATION OF PALO ALTO BATTLE- (B) in subsection (c)(4), by striking ‘‘Gay- SEC. 7117. DAYTON AVIATION HERITAGE NA- TIONAL HISTORICAL PARK, OHIO. FIELD NATIONAL HISTORICAL PARK.— lord A. Nelson Wilderness’’ and inserting (1) IN GENERAL.—The Palo Alto Battlefield ‘‘Gaylord Nelson Wilderness’’. (a) ADDITIONAL AREAS INCLUDED IN PARK.— National Historic Site shall be known and (2) REFERENCES.—Any reference in a law, Section 101 of the Dayton Aviation Heritage designated as the ‘‘Palo Alto Battlefield Na- map, regulation, document, paper, or other Preservation Act of 1992 (16 U.S.C. 410ww, et tional Historical Park’’. record of the United States to the ‘‘Gaylord seq.) is amended by adding at the end the fol- (2) REFERENCES.—Any reference in a law, A. Nelson Wilderness’’ shall be deemed to be lowing: map, regulation, document, paper, or other a reference to the ‘‘Gaylord Nelson Wilder- ‘‘(c) ADDITIONAL SITES.—In addition to the record of the United States to the historic ness’’. sites described in subsection (b), the park site referred to in subsection (a) shall be (b) ARLINGTON HOUSE LAND TRANSFER.— shall consist of the following sites, as gen- Section 2863(h)(1) of Public Law 107–107 (115 deemed to be a reference to the Palo Alto erally depicted on a map titled ‘Dayton Stat. 1333) is amended by striking ‘‘the Battlefield National Historical Park. Aviation Heritage National Historical Park’, George Washington Memorial Parkway’’ and (3) CONFORMING AMENDMENTS.—The Palo numbered 362/80,013 and dated May 2008: inserting ‘‘Arlington House, The Robert E. Alto Battlefield National Historic Site Act ‘‘(1) Hawthorn Hill, Oakwood, Ohio. Lee Memorial,’’. of 1991 (16 U.S.C. 461 note; Public Law 102– ‘‘(2) The Wright Company factory and asso- (c) CUMBERLAND ISLAND WILDERNESS.—Sec- ciated land and buildings, Dayton, Ohio.’’. 304) is amended— tion 2(a)(1) of Public Law 97–250 (16 U.S.C. (b) PROTECTION OF HISTORIC PROPERTIES.— (A) by striking ‘‘National Historic Site’’ 1132 note; 96 Stat. 709) is amended by striking Section 102 of the Dayton Aviation Heritage each place it appears and inserting ‘‘Na- ‘‘numbered 640/20,038I, and dated September Preservation Act of 1992 (16 U.S.C. 410ww–1) tional Historical Park’’; 2004’’ and inserting ‘‘numbered 640/20,038K, is amended— (B) in the heading for section 3, by striking and dated September 2005’’. ‘‘national historic site’’ and inserting ‘‘national his- (d) PETRIFIED FOREST BOUNDARY.—Section (1) in subsection (a), by inserting ‘‘Haw- torical park’’; and 2(1) of the Petrified Forest National Park thorn Hill, the Wright Company factory,’’ (C) by striking ‘‘historic site’’ each place it Expansion Act of 2004 (16 U.S.C. 119 note; after ‘‘, acquire’’; appears and inserting ‘‘historical park’’. Public Law 108–430) is amended by striking (2) in subsection (b), by striking ‘‘Such (b) BOUNDARY EXPANSION, PALO ALTO BAT- ‘‘numbered 110/80,044, and dated July 2004’’ agreements’’ and inserting: TLEFIELD NATIONAL HISTORICAL PARK, and inserting ‘‘numbered 110/80,045, and dated ‘‘(d) CONDITIONS.—Cooperative agreements TEXAS.—Section 3(b) of the Palo Alto Battle- January 2005’’. under this section’’; field National Historic Site Act of 1991 (16 (e) COMMEMORATIVE WORKS ACT.—Chapter (3) by inserting before subsection (d) (as U.S.C. 461 note; Public Law 102–304) (as 89 of title 40, United States Code, is amend- added by paragraph 2) the following: amended by subsection (a)) is amended— ed— ‘‘(c) COOPERATIVE AGREEMENTS.—The Sec- (1) in paragraph (1), by striking ‘‘(1) The (1) in section 8903(d), by inserting ‘‘Nat- retary is authorized to enter into a coopera- historical park’’ and inserting the following: ural’’ before ‘‘Resources’’; tive agreement with a partner or partners, ‘‘(1) IN GENERAL.—The historical park’’; (2) in section 8904(b), by inserting ‘‘Advi- including the Wright Family Foundation, to (2) by redesignating paragraph (2) as para- sory’’ before ‘‘Commission’’; and operate and provide programming for Haw- graph (3); (3) in section 8908(b)(1)— thorn Hill and charge reasonable fees not- (3) by inserting after paragraph (1) the fol- (A) in the first sentence, by inserting ‘‘Ad- withstanding any other provision of law, lowing: visory’’ before ‘‘Commission’’; and which may be used to defray the costs of ‘‘(2) ADDITIONAL LAND.— (B) in the second sentence, by striking park operation and programming.’’; and ‘‘(A) IN GENERAL.—In addition to the land ‘‘House Administration’’ and inserting ‘‘Nat- (4) by striking ‘‘Commission’’ and inserting described in paragraph (1), the historical ural Resources’’. ‘‘Aviation Heritage Foundation’’.

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(c) GRANT ASSISTANCE.—The Dayton Avia- tion of the study, including consultation Park System contained in section 8 of Public tion Heritage Preservation Act of 1992, is with appropriate Federal, State, and local Law 91–383 (16 U.S.C. 1a–5) shall apply to the amended— governmental entities. study under paragraph (1). (1) by redesignating subsection (b) of sec- (3) REPORT.—Not later than 18 months (4) REPORT.—Not later than 3 years after tion 108 as subsection (c); and after the date on which funds are made avail- the date on which funds are first made avail- (2) by inserting after subsection (a) of sec- able to carry out this section, the Secre- able for the study under paragraph (1), the tion 108 the following new subsection: taries shall submit to the Committee on En- Secretary shall submit to the Committee on ‘‘(b) GRANT ASSISTANCE.—The Secretary is ergy and Natural Resources of the Senate Natural Resources of the House of Rep- authorized to make grants to the parks’ and the Committee on Natural Resources of resentatives and the Committee on Energy partners, including the Aviation Trail, Inc., the House of Representatives a report that and Natural Resources of the Senate a report the Ohio Historical Society, and Dayton His- describes— containing— tory, for projects not requiring Federal in- (A) the results of the study; and (A) the results of the study; and volvement other than providing financial as- (B) any recommendations of the Secre- (B) any findings, conclusions, and rec- sistance, subject to the availability of appro- taries. ommendations of the Secretary. priations in advance identifying the specific (4) AUTHORIZATION OF APPROPRIATIONS.— (b) AUTHORIZATION OF APPROPRIATIONS.— partner grantee and the specific project. There are authorized to be appropriated such There are authorized to be appropriated such Projects funded through these grants shall sums as are necessary to carry out this sec- sums as are necessary to carry out this sec- be limited to construction and development tion. tion. on non-Federal property within the bound- aries of the park. Any project funded by such SEC. 7202. TULE LAKE SEGREGATION CENTER, SEC. 7204. HARRIET BEECHER STOWE HOUSE, CALIFORNIA. MAINE. a grant shall support the purposes of the park, shall be consistent with the park’s gen- (a) STUDY.— (a) STUDY.— eral management plan, and shall enhance (1) IN GENERAL.—The Secretary of the Inte- (1) IN GENERAL.—Not later than 3 years public use and enjoyment of the park.’’. rior (referred to in this section as the ‘‘Sec- after the date on which funds are made avail- (d) NATIONAL AVIATION HERITAGE AREA.— retary’’) shall conduct a special resource able to carry out this section, the Secretary Title V of division J of the Consolidated Ap- study of the Tule Lake Segregation Center of the Interior (referred to in this section as propriations Act, 2005 (16 U.S.C. 461 note; to determine the national significance of the the ‘‘Secretary’’) shall complete a special re- Public Law 108–447), is amended— site and the suitability and feasibility of in- source study of the Harriet Beecher Stowe (1) in section 503(3), by striking ‘‘104’’ and cluding the site in the National Park Sys- House in Brunswick, Maine, to evaluate— inserting ‘‘504’’; tem. (A) the national significance of the Harriet (2) in section 503(4), by striking ‘‘106’’ and (2) STUDY GUIDELINES.—The study shall be Beecher Stowe House and surrounding land; inserting ‘‘506’’; conducted in accordance with the criteria for and (3) in section 504, by striking subsection the study of areas for potential inclusion in (B) the suitability and feasibility of desig- (b)(2) and by redesignating subsection (b)(3) the National Park System under section 8 of nating the Harriet Beecher Stowe House and as subsection (b)(2); and Public Law 91–383 (16 U.S.C. 1a–5). surrounding land as a unit of the National (4) in section 505(b)(1), by striking ‘‘106’’ (3) CONSULTATION.—In conducting the Park System. and inserting ‘‘506’’. study, the Secretary shall consult with— (2) STUDY GUIDELINES.—In conducting the SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE. (A) Modoc County; study authorized under paragraph (1), the Public Law 87–213 (16 U.S.C. 461 note) is (B) the State of California; Secretary shall use the criteria for the study amended as follows: (C) appropriate Federal agencies; of areas for potential inclusion in the Na- (1) In the first section— (D) tribal and local government entities; tional Park System contained in section 8(c) (A) by striking ‘‘the Secretary of the Inte- (E) private and nonprofit organizations; of Public Law 91–383 (16 U.S.C. 1a–5(c)). rior’’ and inserting ‘‘(a) The Secretary of the and (b) REPORT.—On completion of the study Interior’’; (F) private landowners. required under subsection (a), the Secretary (B) by striking ‘‘476 acres’’ and inserting (4) SCOPE OF STUDY.—The study shall in- shall submit to the Committee on Energy ‘‘646 acres’’; and clude an evaluation of— and Natural Resources of the Senate and the (C) by adding at the end the following: (A) the significance of the site as a part of Committee on Natural Resources of the ‘‘(b) The Secretary may acquire from will- the history of World War II; House of Representatives a report containing ing sellers land comprising approximately 55 (B) the significance of the site as the site the findings, conclusions, and recommenda- acres, as depicted on the map titled ‘Fort relates to other war relocation centers;. tions of the study. Davis Proposed Boundary Expansion’, num- (C) the historical resources of the site, in- (c) AUTHORIZATION OF APPROPRIATIONS.— bered 418/80,045, and dated April 2008. The cluding the stockade, that are intact and in There are authorized to be appropriated such map shall be on file and available for public place; sums as are necessary to carry out this sec- inspection in the appropriate offices of the (D) the contributions made by the local ag- tion. National Park Service. Upon acquisition of ricultural community to the World War II ef- SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, the land, the land shall be incorporated into fort; and WEST VIRGINIA. the Fort Davis National Historic Site.’’. (E) the potential impact of designation of (a) SPECIAL RESOURCES STUDY.—The Sec- (2) By repealing section 3. the site as a unit of the National Park Sys- retary of the Interior (referred to in this sec- Subtitle C—Special Resource Studies tem on private landowners. tion as the ‘‘Secretary’’) shall conduct a spe- SEC. 7201. WALNUT CANYON STUDY. (b) REPORT.—Not later than 3 years after cial resource study relating to the Battle of (a) DEFINITIONS.—In this section: the date on which funds are made available Shepherdstown in Shepherdstown, West Vir- (1) MAP.—The term ‘‘map’’ means the map to conduct the study required under this sec- ginia, to evaluate— entitled ‘‘Walnut Canyon Proposed Study tion, the Secretary shall submit to the Com- (1) the national significance of the Area’’ and dated July 17, 2007. mittee on Natural Resources of the House of Shepherdstown battlefield and sites relating (2) SECRETARIES.—The term ‘‘Secretaries’’ Representatives and the Committee on En- to the Shepherdstown battlefield; and means the Secretary of the Interior and the ergy and Natural Resources of the Senate a (2) the suitability and feasibility of adding Secretary of Agriculture, acting jointly. report describing the findings, conclusions, the Shepherdstown battlefield and sites re- (3) STUDY AREA.—The term ‘‘study area’’ and recommendations of the study. lating to the Shepherdstown battlefield as means the area identified on the map as the SEC. 7203. ESTATE GRANGE, ST. CROIX. part of— ‘‘Walnut Canyon Proposed Study Area’’. (a) STUDY.— (A) Harpers Ferry National Historical (b) STUDY.— (1) IN GENERAL.—The Secretary of the Inte- Park; or (1) IN GENERAL.—The Secretaries shall con- rior (referred to in this section as the ‘‘Sec- (B) Antietam National Battlefield. duct a study of the study area to assess— retary’’), in consultation with the Governor (b) CRITERIA.—In conducting the study au- (A) the suitability and feasibility of desig- of the Virgin Islands, shall conduct a special thorized under subsection (a), the Secretary nating all or part of the study area as an ad- resource study of Estate Grange and other shall use the criteria for the study of areas dition to Walnut Canyon National Monu- sites and resources associated with Alex- for potential inclusion in the National Park ment, in accordance with section 8(c) of Pub- ander Hamilton’s life on St. Croix in the System contained in section 8(c) of Public lic Law 91–383 (16 U.S.C. 1a–5(c)); United States Virgin Islands. Law 91–383 (16 U.S.C. 1a–5(c)). (B) continued management of the study (2) CONTENTS.—In conducting the study (c) REPORT.—Not later than 3 years after area by the Forest Service; or under paragraph (1), the Secretary shall the date on which funds are made available (C) any other designation or management evaluate— to carry out this section, the Secretary shall option that would provide for— (A) the national significance of the sites submit to the Committee on Energy and (i) protection of resources within the study and resources; and Natural Resources of the Senate and the area; and (B) the suitability and feasibility of desig- Committee on Natural Resources of the (ii) continued access to, and use of, the nating the sites and resources as a unit of House of Representatives a report containing study area by the public. the National Park System. the findings, conclusions, and recommenda- (2) CONSULTATION.—The Secretaries shall (3) CRITERIA.—The criteria for the study of tions of the study conducted under sub- provide for public comment in the prepara- areas for potential inclusion in the National section (a).

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(d) AUTHORIZATION OF APPROPRIATIONS.— (1) the suitability and feasibility of desig- (B) historical studies and research of Cold There are authorized to be appropriated such nating certain historic areas of Matewan, War sites and resources, including— sums as are necessary to carry out this sec- West Virginia, as a unit of the National Park (i) intercontinental ballistic missiles; tion. System; and (ii) flight training centers; SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE. (2) the methods and means for the protec- (iii) manufacturing facilities; (a) IN GENERAL.—The Secretary of the In- tion and interpretation of the historic areas (iv) communications and command centers terior (referred to in this section as the by the National Park Service, other Federal, (such as Cheyenne Mountain, Colorado); ‘‘Secretary’’) shall conduct a special re- State, or local government entities, or pri- (v) defensive radar networks (such as the source study of the site of Green McAdoo vate or nonprofit organizations. Distant Early Warning Line); School in Clinton, Tennessee, (referred to in (b) STUDY REQUIREMENTS.—The Secretary (vi) nuclear weapons test sites (such as the this section as the ‘‘site’’) to evaluate— shall conduct the study required under sub- Nevada test site); and (1) the national significance of the site; section (a) in accordance with section 8(c) of (vii) strategic and tactical aircraft. and Public Law 91–383 (16 U.S.C. 1a–5(c)). (3) CONTENTS.—The theme study shall in- (2) the suitability and feasibility of desig- (c) REPORT.—Not later than 3 years after clude— nating the site as a unit of the National the date on which funds are made available (A) recommendations for commemorating Park System. to carry out this section, the Secretary shall and interpreting sites and resources identi- (b) CRITERIA.—In conducting the study submit to the Committee on Natural Re- fied by the theme study, including— under subsection (a), the Secretary shall use sources of the House of Representatives and (i) sites for which studies for potential in- the criteria for the study of areas for poten- the Committee on Energy and Natural Re- clusion in the National Park System should tial inclusion in the National Park System sources of the Senate a report containing— be authorized; under section 8(c) of Public Law 91–383 (16 (1) the results of the study conducted (ii) sites for which new national historic U.S.C. 1a–5(c)). under subsection (a); and landmarks should be nominated; and (c) CONTENTS.—The study authorized by (2) any recommendations of the Secretary (iii) other appropriate designations; this section shall— with respect to the historic areas. (B) recommendations for cooperative (1) determine the suitability and feasi- SEC. 7209. BUTTERFIELD OVERLAND TRAIL. agreements with— bility of designating the site as a unit of the (a) IN GENERAL.—The Secretary of the In- (i) State and local governments; National Park System; terior (referred to in this section as the (ii) local historical organizations; and (2) include cost estimates for any nec- ‘‘Secretary’’) shall conduct a special re- (iii) other appropriate entities; and essary acquisition, development, operation, source study along the route known as the (C) an estimate of the amount required to and maintenance of the site; and ‘‘Ox-Bow Route’’ of the Butterfield Overland carry out the recommendations under sub- (3) identify alternatives for the manage- Trail (referred to in this section as the paragraphs (A) and (B). ment, administration, and protection of the ‘‘route’’) in the States of Missouri, Ten- (4) CONSULTATION.—In conducting the site. nessee, Arkansas, Oklahoma, Texas, New theme study, the Secretary shall consult (d) REPORT.—Not later than 3 years after Mexico, Arizona, and California to evalu- with— the date on which funds are made available ate— (A) the Secretary of the Air Force; to carry out this section, the Secretary shall (1) a range of alternatives for protecting (B) State and local officials; submit to the Committee on Natural Re- and interpreting the resources of the route, (C) State historic preservation offices; and sources of the House of Representatives and including alternatives for potential addition (D) other interested organizations and in- the Committee on Energy and Natural Re- of the Trail to the National Trails System; dividuals. sources of the Senate a report that de- and (5) REPORT.—Not later than 3 years after scribes— (2) the methods and means for the protec- the date on which funds are made available (1) the findings and conclusions of the tion and interpretation of the route by the to carry out this section, the Secretary shall study; and National Park Service, other Federal, State, submit to the Committee on Natural Re- (2) any recommendations of the Secretary. or local government entities, or private or sources of the House of Representatives and SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MIS- nonprofit organizations. the Committee on Energy and Natural Re- SOURI. (b) STUDY REQUIREMENTS.—The Secretary sources of the Senate a report that describes (a) IN GENERAL.—The Secretary of the In- shall conduct the study required under sub- the findings, conclusions, and recommenda- terior (referred to in this section as the section (a) in accordance with section 8(c) of tions of the theme study. ‘‘Secretary’’) shall conduct a special re- Public Law 91–383 (16 U.S.C. 1a–5(c)) or sec- source study of the Harry S Truman Birth- tion 5(b) of the National Trails System Act (c) COLD WAR ADVISORY COMMITTEE.— place State Historic Site (referred to in this (16 U.S.C. 1244(b)), as appropriate. (1) ESTABLISHMENT.—As soon as practicable section as the ‘‘birthplace site’’) in Lamar, (c) REPORT.—Not later than 3 years after after funds are made available to carry out Missouri, to determine— the date on which funds are made available this section, the Secretary shall establish an (1) the suitability and feasibility of— to carry out this section, the Secretary shall advisory committee, to be known as the (A) adding the birthplace site to the Harry submit to the Committee on Natural Re- ‘‘Cold War Advisory Committee’’, to assist S Truman National Historic Site; or sources of the House of Representatives and the Secretary in carrying out this section. (B) designating the birthplace site as a sep- the Committee on Energy and Natural Re- (2) COMPOSITION.—The Advisory Committee arate unit of the National Park System; and sources of the Senate a report containing— shall be composed of 9 members, to be ap- (2) the methods and means for the protec- (1) the results of the study conducted pointed by the Secretary, of whom— tion and interpretation of the birthplace site under subsection (a); and (A) 3 shall have expertise in Cold War his- by the National Park Service, other Federal, (2) any recommendations of the Secretary tory; State, or local government entities, or pri- with respect to the route. (B) 2 shall have expertise in historic pres- vate or nonprofit organizations. SEC. 7210. COLD WAR SITES THEME STUDY. ervation; (b) STUDY REQUIREMENTS.—The Secretary (a) DEFINITIONS.— (C) 1 shall have expertise in the history of shall conduct the study required under sub- (1) ADVISORY COMMITTEE.—The term ‘‘Advi- the United States; and section (a) in accordance with section 8(c) of sory Committee’’ means the Cold War Advi- (D) 3 shall represent the general public. Public Law 91–383 (16 U.S.C. 1a–5(c)). sory Committee established under sub- (3) CHAIRPERSON.—The Advisory Com- (c) REPORT.—Not later than 3 years after section (c). mittee shall select a chairperson from the date on which funds are made available (2) SECRETARY.—The term ‘‘Secretary’’ among the members of the Advisory Com- to carry out this section, the Secretary shall means the Secretary of the Interior. mittee. submit to the Committee on Natural Re- (3) THEME STUDY.—The term ‘‘theme (4) COMPENSATION.—A member of the Advi- sources of the House of Representatives and study’’ means the national historic land- sory Committee shall serve without com- the Committee on Energy and Natural Re- mark theme study conducted under sub- pensation but may be reimbursed by the Sec- sources of the Senate a report containing— section (b)(1). retary for expenses reasonably incurred in (1) the results of the study conducted (b) COLD WAR THEME STUDY.— the performance of the duties of the Advi- under subsection (a); and (1) IN GENERAL.—The Secretary shall con- sory Committee. (2) any recommendations of the Secretary duct a national historic landmark theme (5) MEETINGS.—On at least 3 occasions, the with respect to the birthplace site. study to identify sites and resources in the Secretary (or a designee) shall meet and con- SEC. 7208. BATTLE OF MATEWAN SPECIAL RE- United States that are significant to the sult with the Advisory Committee on mat- SOURCE STUDY. Cold War. ters relating to the theme study. (a) IN GENERAL.—The Secretary of the In- (2) RESOURCES.—In conducting the theme (d) INTERPRETIVE HANDBOOK ON THE COLD terior (referred to in this section as the study, the Secretary shall consider— WAR.—Not later than 4 years after the date ‘‘Secretary’’) shall conduct a special re- (A) the inventory of sites and resources as- on which funds are made available to carry source study of the sites and resources at sociated with the Cold War completed by the out this section, the Secretary shall— Matewan, West Virginia, associated with the Secretary of Defense under section 8120(b)(9) (1) prepare and publish an interpretive Battle of Matewan (also known as the of the Department of Defense Appropriations handbook on the Cold War; and ‘‘Matewan Massacre’’) of May 19, 1920, to de- Act, 1991 (Public Law 101–511; 104 Stat. 1906); (2) disseminate information in the theme termine— and study by other appropriate means.

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(e) AUTHORIZATION OF APPROPRIATIONS.— tion from the ground where Americans made (1) COUNCIL.—The term ‘‘Council’’ means There are authorized to be appropriated to their ultimate sacrifice. the Advisory Council on Historic Preserva- carry out this section $500,000. (b) PRESERVATION ASSISTANCE.— tion. SEC. 7211. BATTLE OF CAMDEN, SOUTH CARO- (1) IN GENERAL.—Using the established na- (2) HERITAGE TOURISM.—The term ‘‘heritage LINA. tional historic preservation program to the tourism’’ means the conduct of activities to (a) IN GENERAL.—The Secretary shall com- extent practicable, the Secretary of the Inte- attract and accommodate visitors to a site plete a special resource study of the site of rior, acting through the American Battle- or area based on the unique or special as- the Battle of Camden fought in South Caro- field Protection Program, shall encourage, pects of the history, landscape (including lina on August 16, 1780, and the site of His- support, assist, recognize, and work in part- trail systems), and culture of the site or toric Camden, which is a National Park Sys- nership with citizens, Federal, State, local, area. tem Affiliated Area, to determine— and tribal governments, other public enti- (3) PROGRAM.—The term ‘‘program’’ means (1) the suitability and feasibility of desig- ties, educational institutions, and private the Preserve America Program established nating the sites as a unit or units of the Na- nonprofit organizations in identifying, re- under subsection (c)(1). tional Park System; and searching, evaluating, interpreting, and pro- (4) SECRETARY.—The term ‘‘Secretary’’ (2) the methods and means for the protec- tecting historic battlefields and associated means the Secretary of the Interior. (c) ESTABLISHMENT.— tion and interpretation of these sites by the sites on a National, State, and local level. (1) IN GENERAL.—There is established in the National Park Service, other Federal, State, (2) FINANCIAL ASSISTANCE.—To carry out Department of the Interior the Preserve or local government entities or private or paragraph (1), the Secretary may use a coop- America Program, under which the Sec- non-profit organizations. erative agreement, grant, contract, or other retary, in partnership with the Council, may (b) STUDY REQUIREMENTS.—The Secretary generally adopted means of providing finan- provide competitive grants to States, local shall conduct the study in accordance with cial assistance. governments (including local governments in section 8(c) of Public Law 91–383 (16 U.S.C. UTHORIZATION OF APPROPRIATIONS.— (3) A the process of applying for designation as 1a–5(c)). There are authorized to be appropriated (c) REPORT.—Not later than 3 years after Preserve America Communities under sub- $3,000,000 annually to carry out this sub- section (d)), Indian tribes, communities des- the date on which funds are made available section, to remain available until expended. to carry out this section, the Secretary shall ignated as Preserve America Communities (c) BATTLEFIELD ACQUISITION GRANT PRO- submit to the Committee on Natural Re- under subsection (d), State historic preserva- GRAM.— sources of the House of Representatives and tion offices, and tribal historic preservation (1) DEFINITIONS.—In this subsection: the Committee on Energy and Natural Re- offices to support preservation efforts (A) BATTLEFIELD REPORT.—The term ‘‘Bat- sources of the Senate a report containing— through heritage tourism, education, and tlefield Report’’ means the document enti- (1) the results of the study; and historic preservation planning activities. tled ‘‘Report on the Nation’s Civil War Bat- (2) any recommendations of the Secretary. (2) ELIGIBLE PROJECTS.— tlefields’’, prepared by the Civil War Sites (A) IN GENERAL.—The following projects SEC. 7212. FORT SAN GERO´ NIMO, PUERTO RICO. Advisory Commission, and dated July 1993. shall be eligible for a grant under this sec- (a) DEFINITIONS.—In this section: (B) ELIGIBLE ENTITY.—The term ‘‘eligible tion: (1) FORT SAN GERO´ NIMO.—The term ‘‘Fort entity’’ means a State or local government. (i) A project for the conduct of— San Gero´ nimo’’ (also known as ‘‘Fortı´n de (C) ELIGIBLE SITE.—The term ‘‘eligible (I) research on, and documentation of, the San Gero´ nimo del Boquero´ n’’) means the fort site’’ means a site— history of a community; and and grounds listed on the National Register (i) that is not within the exterior bound- (II) surveys of the historic resources of a of Historic Places and located near Old San aries of a unit of the National Park System; community. Juan, Puerto Rico. and (ii) An education and interpretation (2) RELATED RESOURCES.—The term ‘‘re- (ii) that is identified in the Battlefield Re- project that conveys the history of a commu- lated resources’’ means other parts of the port. nity or site. fortification system of old San Juan that are (D) SECRETARY.—The term ‘‘Secretary’’ (iii) A planning project (other than build- not included within the boundary of San means the Secretary of the Interior, acting ing rehabilitation) that advances economic Juan National Historic Site, such as sections through the American Battlefield Protection development using heritage tourism and his- of the City Wall or other fortifications. Program. toric preservation. (b) STUDY.— (2) ESTABLISHMENT.—The Secretary shall (iv) A training project that provides oppor- (1) IN GENERAL.—The Secretary shall com- establish a battlefield acquisition grant pro- tunities for professional development in plete a special resource study of Fort San gram under which the Secretary may provide areas that would aid a community in using Gero´ nimo and other related resources, to de- grants to eligible entities to pay the Federal and promoting its historic resources. termine— share of the cost of acquiring interests in eli- (v) A project to support heritage tourism (A) the suitability and feasibility of in- gible sites for the preservation and protec- in a Preserve America Community des- cluding Fort San Gero´ nimo and other related tion of those eligible sites. ignated under subsection (d). resources in the Commonwealth of Puerto (3) NONPROFIT PARTNERS.—An eligible enti- (vi) Other nonconstruction projects that Rico as part of San Juan National Historic ty may acquire an interest in an eligible site identify or promote historic properties or Site; and using a grant under this subsection in part- provide for the education of the public about (B) the methods and means for the protec- nership with a nonprofit organization. historic properties that are consistent with tion and interpretation of Fort San (4) NON-FEDERAL SHARE.—The non-Federal the purposes of this section. Gero´ nimo and other related resources by the share of the total cost of acquiring an inter- (B) LIMITATION.—In providing grants under National Park Service, other Federal, State, est in an eligible site under this subsection this section, the Secretary shall only provide or local government entities or private or shall be not less than 50 percent. 1 grant to each eligible project selected for a non-profit organizations. (5) LIMITATION ON LAND USE.—An interest in grant. (2) STUDY REQUIREMENTS.—The Secretary an eligible site acquired under this sub- (3) PREFERENCE.—In providing grants under shall conduct the study in accordance with section shall be subject to section 6(f)(3) of this section, the Secretary may give pref- section 8(c) of Public Law 91–383 (16 U.S.C. the Land and Water Conservation Fund Act erence to projects that carry out the pur- 1a–5(c)). of 1965 (16 U.S.C. 460l–8(f)(3)). poses of both the program and the Save (c) REPORT.—Not later than 3 years after (6) AUTHORIZATION OF APPROPRIATIONS.— America’s Treasures Program. the date on which funds are made available There is authorized to be appropriated to the (4) CONSULTATION AND NOTIFICATION.— to carry out this section, the Secretary shall Secretary to provide grants under this sub- (A) CONSULTATION.—The Secretary shall submit to the Committee on Natural Re- section $10,000,000 for each of fiscal years 2009 consult with the Council in preparing the sources of the House of Representatives and through 2013. list of projects to be provided grants for a the Committee on Energy and Natural Re- fiscal year under the program. SEC. 7302. PRESERVE AMERICA PROGRAM. sources of the Senate a report containing— (B) NOTIFICATION.—Not later than 30 days (1) the results of the study; and (a) PURPOSE.—The purpose of this section before the date on which the Secretary pro- (2) any recommendations of the Secretary. is to authorize the Preserve America Pro- vides grants for a fiscal year under the pro- Subtitle D—Program Authorizations gram, including— gram, the Secretary shall submit to the SEC. 7301. AMERICAN BATTLEFIELD PROTECTION (1) the Preserve America grant program Committee on Energy and Natural Resources PROGRAM. within the Department of the Interior; of the Senate, the Committee on Appropria- (a) PURPOSE.—The purpose of this section (2) the recognition programs administered tions of the Senate, the Committee on Nat- is to assist citizens, public and private insti- by the Advisory Council on Historic Preser- ural Resources of the House of Representa- tutions, and governments at all levels in vation; and tives, and the Committee on Appropriations planning, interpreting, and protecting sites (3) the related efforts of Federal agencies, of the House of Representatives a list of any where historic battles were fought on Amer- working in partnership with State, tribal, eligible projects that are to be provided ican soil during the armed conflicts that and local governments and the private sec- grants under the program for the fiscal year. shaped the growth and development of the tor, to support and promote the preservation (5) COST-SHARING REQUIREMENT.— United States, in order that present and fu- of historic resources. (A) IN GENERAL.—The non-Federal share of ture generations may learn and gain inspira- (b) DEFINITIONS.—In this section: the cost of carrying out a project provided a

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grant under this section shall be not less (1) COLLECTION.—The term ‘‘collection’’ (iii) is able to be completed on schedule than 50 percent of the total cost of the means a collection of intellectual and cul- and within the budget described in the grant project. tural artifacts, including documents, sculp- application. (B) FORM OF NON-FEDERAL SHARE.—The ture, and works of art. (B) PREFERENCE.—In providing grants non-Federal share required under subpara- (2) ELIGIBLE ENTITY.—The term ‘‘eligible under this section, the Secretary may give graph (A) shall be in the form of— entity’’ means a Federal entity, State, local, preference to projects that carry out the pur- (i) cash; or or tribal government, educational institu- poses of both the program and the Preserve (ii) donated supplies and related services, tion, or nonprofit organization. America Program. the value of which shall be determined by (3) HISTORIC PROPERTY.—The term ‘‘his- (C) LIMITATION.—In providing grants under the Secretary. toric property’’ has the meaning given the this section, the Secretary shall only provide (C) REQUIREMENT.—The Secretary shall en- term in section 301 of the National Historic 1 grant to each eligible project selected for a sure that each applicant for a grant has the Preservation Act (16 U.S.C. 470w). grant. capacity to secure, and a feasible plan for se- (4) NATIONALLY SIGNIFICANT.—The term (6) CONSULTATION AND NOTIFICATION BY SEC- curing, the non-Federal share for an eligible ‘‘nationally significant’’ means a collection RETARY.— project required under subparagraph (A) be- or historic property that meets the applica- (A) CONSULTATION.— fore a grant is provided to the eligible ble criteria for national significance, in ac- (i) IN GENERAL.—Subject to clause (ii), the project under the program. cordance with regulations promulgated by Secretary shall consult with the organiza- (d) DESIGNATION OF PRESERVE AMERICA the Secretary pursuant to section 101(a)(2) of tions described in subsection (a) in preparing COMMUNITIES.— the National Historic Preservation Act (16 the list of projects to be provided grants for (1) APPLICATION.—To be considered for des- U.S.C. 470a(a)(2)). a fiscal year by the Secretary under the pro- ignation as a Preserve America Community, (5) PROGRAM.—The term ‘‘program’’ means gram. a community, tribal area, or neighborhood the Save America’s Treasures Program es- (ii) LIMITATION.—If an entity described in shall submit to the Council an application tablished under subsection (c)(1). clause (i) has submitted an application for a containing such information as the Council (6) SECRETARY.—The term ‘‘Secretary’’ grant under the program, the entity shall be may require. means the Secretary of the Interior, acting recused by the Secretary from the consulta- (2) CRITERIA.—To be designated as a Pre- through the Director of the National Park tion requirements under that clause and serve America Community under the pro- Service. paragraph (1). gram, a community, tribal area, or neighbor- (B) NOTIFICATION.—Not later than 30 days hood that submits an application under para- (c) ESTABLISHMENT.— before the date on which the Secretary pro- graph (1) shall, as determined by the Council, (1) IN GENERAL.—There is established in the vides grants for a fiscal year under the pro- in consultation with the Secretary, meet cri- Department of the Interior the Save Amer- gram, the Secretary shall submit to the teria required by the Council and, in addi- ica’s Treasures program, under which the Committee on Energy and Natural Resources tion, consider— amounts made available to the Secretary of the Senate, the Committee on Appropria- (A) protection and celebration of the herit- under subsection (e) shall be used by the Sec- tions of the Senate, the Committee on Nat- age of the community, tribal area, or neigh- retary, in consultation with the organiza- ural Resources of the House of Representa- borhood; tions described in subsection (a), subject to tives, and the Committee on Appropriations (B) use of the historic assets of the commu- paragraph (6)(A)(ii), to provide grants to eli- of the House of Representatives a list of any nity, tribal area, or neighborhood for eco- gible entities for projects to preserve nation- eligible projects that are to be provided nomic development and community revital- ally significant collections and historic prop- grants under the program for the fiscal year. ization; and erties. (7) COST-SHARING REQUIREMENT.— (C) encouragement of people to experience (2) DETERMINATION OF GRANTS.—Of the (A) IN GENERAL.—The non-Federal share of and appreciate local historic resources amounts made available for grants under the cost of carrying out a project provided a through education and heritage tourism pro- subsection (e), not less than 50 percent shall grant under this section shall be not less grams. be made available for grants for projects to than 50 percent of the total cost of the (3) LOCAL GOVERNMENTS PREVIOUSLY CER- preserve collections and historic properties, project. TIFIED FOR HISTORIC PRESERVATION ACTIVI- to be distributed through a competitive (B) FORM OF NON-FEDERAL SHARE.—The TIES.—The Council shall establish an expe- grant process administered by the Secretary, non-Federal share required under subpara- dited process for Preserve America Commu- subject to the eligibility criteria established graph (A) shall be in the form of— nity designation for local governments pre- under paragraph (5). (i) cash; or viously certified for historic preservation ac- (3) APPLICATIONS FOR GRANTS.—To be con- (ii) donated supplies or related services, tivities under section 101(c)(1) of the Na- sidered for a competitive grant under the the value of which shall be determined by tional Historic Preservation Act (16 U.S.C. program an eligible entity shall submit to the Secretary. 470a(c)(1)). the Secretary an application containing such (C) REQUIREMENT.—The Secretary shall en- (4) GUIDELINES.—The Council, in consulta- information as the Secretary may require. sure that each applicant for a grant has the tion with the Secretary, shall establish any (4) COLLECTIONS AND HISTORIC PROPERTIES capacity and a feasible plan for securing the guidelines that are necessary to carry out ELIGIBLE FOR COMPETITIVE GRANTS.— non-Federal share for an eligible project re- this subsection. (A) IN GENERAL.—A collection or historic quired under subparagraph (A) before a grant (e) REGULATIONS.—The Secretary shall de- property shall be provided a competitive is provided to the eligible project under the velop any guidelines and issue any regula- grant under the program only if the Sec- program. tions that the Secretary determines to be retary determines that the collection or his- (d) REGULATIONS.—The Secretary shall de- necessary to carry out this section. toric property is— velop any guidelines and issue any regula- (f) AUTHORIZATION OF APPROPRIATIONS.— (i) nationally significant; and tions that the Secretary determines to be There is authorized to be appropriated to (ii) threatened or endangered. necessary to carry out this section. carry out this section $25,000,000 for each fis- (B) ELIGIBLE COLLECTIONS.—A determina- (e) AUTHORIZATION OF APPROPRIATIONS.— cal year, to remain available until expended. tion by the Secretary regarding the national There is authorized to be appropriated to carry out this section $50,000,000 for each fis- SEC. 7303. SAVE AMERICA’S TREASURES PRO- significance of collections under subpara- GRAM. graph (A)(i) shall be made in consultation cal year, to remain available until expended. (a) PURPOSE.—The purpose of this section with the organizations described in sub- SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION is to authorize within the Department of the section (a), as appropriate. PROGRAM. Section 4 of Public Law 106–45 (16 U.S.C. 461 Interior the Save America’s Treasures Pro- (C) ELIGIBLE HISTORIC PROPERTIES.—To be gram, to be carried out by the Director of eligible for a competitive grant under the note; 113 Stat. 226) is amended by striking the National Park Service, in partnership program, a historic property shall, as of the ‘‘2009’’ and inserting ‘‘2019’’. with— date of the grant application— SEC. 7305. NATIONAL CAVE AND KARST RE- (1) the National Endowment for the Arts; (i) be listed in the National Register of His- SEARCH INSTITUTE. The National Cave and Karst Research In- (2) the National Endowment for the Hu- toric Places at the national level of signifi- stitute Act of 1998 (16 U.S.C. 4310 note; Public manities; cance; or Law 105–325) is amended by striking section (3) the Institute of Museum and Library (ii) be designated as a National Historic 5 and inserting the following: Services; Landmark. (4) the National Trust for Historic Preser- (5) SELECTION CRITERIA FOR GRANTS.— ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. vation; (A) IN GENERAL.—The Secretary shall not ‘‘There are authorized to be appropriated (5) the National Conference of State His- provide a grant under this section to a such sums as are necessary to carry out this toric Preservation Officers; project for an eligible collection or historic Act.’’. (6) the National Association of Tribal His- property unless the project— Subtitle E—Advisory Commissions toric Preservation Officers; and (i) eliminates or substantially mitigates SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU (7) the President’s Committee on the Arts the threat of destruction or deterioration of ADVISORY COMMISSION. and the Humanities. the eligible collection or historic property; Section 505(f)(7) of the National Parks and (b) DEFINITIONS.—In this section: (ii) has a clear public benefit; and Recreation Act of 1978 (16 U.S.C. 396d(f)(7)) is

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amended by striking ‘‘ten years after the (I) IN GENERAL.—A vacancy on the Commis- (A) IN GENERAL.—The Commission may date of enactment of the Na Hoa Pili O sion shall be filled in the same manner in procure supplies, services, and property, and Kaloko-Honokohau Re-establishment Act of which the original appointment was made. make or enter into contracts, leases, or 1996’’ and inserting ‘‘on December 31, 2018’’. (II) PARTIAL TERM.—A member appointed other legal agreements, to carry out this sec- SEC. 7402. CAPE COD NATIONAL SEASHORE ADVI- to fill a vacancy on the Commission shall tion (except that a contract, lease, or other SORY COMMISSION. serve for the remainder of the term for which legal agreement made or entered into by the Effective September 26, 2008, section 8(a) of the predecessor of the member was ap- Commission shall not extend beyond the Public Law 87–126 (16 U.S.C. 459b–7(a)) is pointed. date of termination of the Commission). amended in the second sentence by striking (iii) CONTINUATION OF MEMBERSHIP.—If a (B) LIMITATION.—The Commission may not ‘‘2008’’ and inserting ‘‘2018’’. member of the Commission was appointed to purchase real property. the Commission as Mayor of the city of St. (5) POSTAL SERVICES.—The Commission SEC. 7403. NATIONAL PARK SYSTEM ADVISORY Augustine or as an employee of the National may use the United States mails in the same BOARD. Park Service or the State University System manner and under the same conditions as Section 3(f) of the Act of August 21, 1935 of Florida, and ceases to hold such position, other agencies of the Federal Government. (16. U.S.C. 463(f)), is amended in the first sen- that member may continue to serve on the (6) GRANTS AND TECHNICAL ASSISTANCE.— tence by striking ‘‘2009’’ and inserting Commission for not longer than the 30-day The Commission may— ‘‘2010’’. period beginning on the date on which that (A) provide grants in amounts not to ex- SEC. 7404. CONCESSIONS MANAGEMENT ADVI- member ceases to hold the position. ceed $20,000 per grant to communities and SORY BOARD. (3) DUTIES.—The Commission shall— nonprofit organizations for use in developing Section 409(d) of the National Park Service (A) plan, develop, and carry out programs programs to assist in the commemoration; Concessions Management Improvement Act and activities appropriate for the commemo- (B) provide grants to research and schol- of 1998 (16 U.S.C. 5958(d)) is amended in the ration; arly organizations to research, publish, or first sentence by striking ‘‘2008’’ and insert- (B) facilitate activities relating to the distribute information relating to the early ing ‘‘2009’’. commemoration throughout the United history of St. Augustine; and States; (C) provide technical assistance to States, SEC. 7405. ST. AUGUSTINE 450TH COMMEMORA- TION COMMISSION. (C) encourage civic, patriotic, historical, localities, and nonprofit organizations to educational, artistic, religious, economic, further the commemoration. (a) DEFINITIONS.—In this section: and other organizations throughout the (e) COMMISSION PERSONNEL MATTERS.— (1) COMMEMORATION.—The term ‘‘com- United States to organize and participate in (1) COMPENSATION OF MEMBERS.— memoration’’ means the commemoration of anniversary activities to expand under- (A) IN GENERAL.—Except as provided in the 450th anniversary of the founding of the standing and appreciation of the significance paragraph (2), a member of the Commission settlement of St. Augustine, Florida. of the founding and continuing history of St. shall serve without compensation. (2) COMMISSION.—The term ‘‘Commission’’ Augustine; (B) FEDERAL EMPLOYEES.—A member of the means the St. Augustine 450th Commemora- (D) provide technical assistance to States, Commission who is an officer or employee of tion Commission established by subsection localities, and nonprofit organizations to the Federal Government shall serve without (b)(1). further the commemoration; compensation other than the compensation (3) GOVERNOR.—The term ‘‘Governor’’ (E) coordinate and facilitate for the public received for the services of the member as an means the Governor of the State. scholarly research on, publication about, and officer or employee of the Federal Govern- (4) SECRETARY.—The term ‘‘Secretary’’ interpretation of, St. Augustine; ment. means the Secretary of the Interior. (F) ensure that the commemoration pro- (2) TRAVEL EXPENSES.—A member of the (5) STATE.— vides a lasting legacy and long-term public Commission shall be allowed travel expenses, (A) IN GENERAL.—The term ‘‘State’’ means benefit by assisting in the development of including per diem in lieu of subsistence, at the State of Florida. appropriate programs; and rates authorized for an employee of an agen- (B) INCLUSION.—The term ‘‘State’’ includes (G) help ensure that the observances of the cy under subchapter I of chapter 57 of title 5, agencies and entities of the State of Florida. foundation of St. Augustine are inclusive United States Code, while away from the (b) ESTABLISHMENT.— and appropriately recognize the experiences home or regular place of business of the (1) IN GENERAL.—There is established a and heritage of all individuals present when member in the performance of the duties of commission, to be known as the ‘‘St. Augus- St. Augustine was founded. the Commission. tine 450th Commemoration Commission’’. (c) COMMISSION MEETINGS.— (3) DIRECTOR AND STAFF.— (2) MEMBERSHIP.— (1) INITIAL MEETING.—Not later than 30 (A) IN GENERAL.—The Chairperson of the (A) COMPOSITION.—The Commission shall days after the date on which all members of Commission may, without regard to the civil be composed of 14 members, of whom— the Commission have been appointed, the service laws (including regulations), nomi- (i) 3 members shall be appointed by the Commission shall hold the initial meeting of nate an executive director to enable the Secretary, after considering the rec- the Commission. Commission to perform the duties of the ommendations of the St. Augustine City (2) MEETINGS.—The Commission shall Commission. Commission; meet— (B) CONFIRMATION OF EXECUTIVE DIREC- (ii) 3 members shall be appointed by the (A) at least 3 times each year; or TOR.—The employment of an executive direc- Secretary, after considering the rec- (B) at the call of the Chairperson or the tor shall be subject to confirmation by the ommendations of the Governor; majority of the members of the Commission. Commission. (iii) 1 member shall be an employee of the (3) QUORUM.—A majority of the voting (4) COMPENSATION.— National Park Service having experience rel- members shall constitute a quorum, but a (A) IN GENERAL.—Except as provided in evant to the historical resources relating to lesser number may hold meetings. subparagraph (B), the Commission may fix the city of St. Augustine and the commemo- (4) CHAIRPERSON AND VICE CHAIRPERSON.— the compensation of the executive director ration, to be appointed by the Secretary; (A) ELECTION.—The Commission shall elect and other personnel without regard to the (iv) 1 member shall be appointed by the the Chairperson and the Vice Chairperson of provisions of chapter 51 and subchapter III of Secretary, taking into consideration the rec- the Commission on an annual basis. chapter 53 of title 5, United States Code, re- ommendations of the Mayor of the city of St. (B) ABSENCE OF THE CHAIRPERSON.—The lating to classification of positions and Gen- Augustine; Vice Chairperson shall serve as the Chair- eral Schedule pay rates. (v) 1 member shall be appointed by the person in the absence of the Chairperson. (B) MAXIMUM RATE OF PAY.—The rate of Secretary, after considering the rec- (5) VOTING.—The Commission shall act pay for the executive director and other per- ommendations of the Chancellor of the Uni- only on an affirmative vote of a majority of sonnel shall not exceed the rate payable for versity System of Florida; and the members of the Commission. level V of the Executive Schedule under sec- (vi) 5 members shall be individuals who are (d) COMMISSION POWERS.— tion 5316 of title 5, United States Code. residents of the State who have an interest (1) GIFTS.—The Commission may solicit, (5) DETAIL OF GOVERNMENT EMPLOYEES.— in, support for, and expertise appropriate to accept, use, and dispose of gifts, bequests, or (A) FEDERAL EMPLOYEES.— the commemoration, to be appointed by the devises of money or other property for aiding (i) DETAIL.—At the request of the Commis- Secretary, taking into consideration the rec- or facilitating the work of the Commission. sion, the head of any Federal agency may de- ommendations of Members of Congress. (2) APPOINTMENT OF ADVISORY COMMIT- tail, on a reimbursable or nonreimbursable (B) TIME OF APPOINTMENT.—Each appoint- TEES.—The Commission may appoint such basis, any of the personnel of the agency to ment of an initial member of the Commis- advisory committees as the Commission de- the Commission to assist the Commission in sion shall be made before the expiration of termines to be necessary to carry out this carrying out the duties of the Commission the 120-day period beginning on the date of section. under this section. enactment of this Act. (3) AUTHORIZATION OF ACTION.—The Com- (ii) CIVIL SERVICE STATUS.—The detail of an (C) TERM; VACANCIES.— mission may authorize any member or em- employee under clause (i) shall be without (i) TERM.—A member of the Commission ployee of the Commission to take any action interruption or loss of civil service status or shall be appointed for the life of the Commis- that the Commission is authorized to take privilege. sion. under this section. (B) STATE EMPLOYEES.—The Commission (ii) VACANCIES.— (4) PROCUREMENT.— may—

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(i) accept the services of personnel detailed (4) MAP.—The term ‘‘map’’ means the map (vi) ensuring that clear, consistent, and ap- from the State; and entitled ‘‘Proposed Sangre De Cristo Na- propriate signs identifying points of public (ii) reimburse the State for services of de- tional Heritage Area’’ and dated November access, and sites of interest are posted tailed personnel. 2005. throughout the Heritage Area; and (6) PROCUREMENT OF TEMPORARY AND INTER- (5) SECRETARY.—The term ‘‘Secretary’’ (vii) promoting a wide range of partner- MITTENT SERVICES.—The Chairperson of the means the Secretary of the Interior. ships among governments, organizations, Commission may procure temporary and (6) STATE.—The term ‘‘State’’ means the and individuals to further the Heritage Area; intermittent services in accordance with sec- State of Colorado. (C) consider the interests of diverse units tion 3109(b) of title 5, United States Code, at (b) SANGRE DE CRISTO NATIONAL HERITAGE of government, businesses, organizations, rates for individuals that do not exceed the AREA.— and individuals in the Heritage Area in the daily equivalent of the annual rate of basic (1) ESTABLISHMENT.—There is established preparation and implementation of the man- pay prescribed for level V of the Executive in the State the Sangre de Cristo National agement plan; Schedule under section 5316 of such title. Heritage Area. (D) conduct meetings open to the public at (7) VOLUNTEER AND UNCOMPENSATED SERV- (2) BOUNDARIES.—The Heritage Area shall least semiannually regarding the develop- consist of— ICES.—Notwithstanding section 1342 of title ment and implementation of the manage- (A) the counties of Alamosa, Conejos, and 31, United States Code, the Commission may ment plan; Costilla; and accept and use such voluntary and uncom- (E) for any year that Federal funds have (B) the Monte Vista National Wildlife Ref- pensated services as the Commission deter- been received under this section— mines to be necessary. uge, the Baca National Wildlife Refuge, the (i) submit an annual report to the Sec- (8) SUPPORT SERVICES.— Great Sand Dunes National Park and Pre- retary that describes the activities, ex- (A) IN GENERAL.—The Secretary shall pro- serve, and other areas included in the map. penses, and income of the management enti- vide to the Commission, on a reimbursable (3) MAP.—A map of the Heritage Area shall ty (including grants to any other entities basis, such administrative support services be— as the Commission may request. (A) included in the management plan; and during the year that the report is made); (ii) make available to the Secretary for (B) REIMBURSEMENT.—Any reimbursement (B) on file and available for public inspec- under this paragraph shall be credited to the tion in the appropriate offices of the Na- audit all records relating to the expenditure appropriation, fund, or account used for pay- tional Park Service. of the funds and any matching funds; ing the amounts reimbursed. (4) MANAGEMENT ENTITY.— (iii) require, with respect to all agreements (9) FACA NONAPPLICABILITY.—Section 14(b) (A) IN GENERAL.—The management entity authorizing expenditure of Federal funds by of the Federal Advisory Committee Act (5 for the Heritage Area shall be the Sangre de other organizations, that the organizations U.S.C. App.) shall not apply to the Commis- Cristo National Heritage Area Board of Di- receiving the funds make available to the sion. rectors. Secretary for audit all records concerning (10) NO EFFECT ON AUTHORITY.—Nothing in (B) MEMBERSHIP REQUIREMENTS.—Members the expenditure of the funds; and this subsection supersedes the authority of of the Board shall include representatives (F) encourage by appropriate means eco- the State, the National Park Service, the from a broad cross-section of the individuals, nomic viability that is consistent with the city of St. Augustine, or any designee of agencies, organizations, and governments Heritage Area. those entities, with respect to the com- that were involved in the planning and devel- (3) PROHIBITION ON THE ACQUISITION OF REAL memoration. opment of the Heritage Area before the date PROPERTY.—The management entity shall (f) PLANS; REPORTS.— of enactment of this Act. not use Federal funds made available under (1) STRATEGIC PLAN.—The Commission (c) ADMINISTRATION.— this section to acquire real property or any shall prepare a strategic plan for the activi- (1) AUTHORITIES.—For purposes of carrying interest in real property. ties of the Commission carried out under out the management plan, the Secretary, (4) COST-SHARING REQUIREMENT.—The Fed- this section. acting through the management entity, may eral share of the cost of any activity carried (2) FINAL REPORT.—Not later than Sep- use amounts made available under this sec- out using any assistance made available tember 30, 2015, the Commission shall com- tion to— under this section shall be 50 percent. plete and submit to Congress a final report (A) make grants to the State or a political that contains— subdivision of the State, nonprofit organiza- (d) MANAGEMENT PLAN.— (A) a summary of the activities of the tions, and other persons; (1) IN GENERAL.—Not later than 3 years Commission; (B) enter into cooperative agreements after the date of enactment of this Act, the (B) a final accounting of funds received and with, or provide technical assistance to, the management entity shall submit to the Sec- expended by the Commission; and State or a political subdivision of the State, retary for approval a proposed management (C) the findings and recommendations of nonprofit organizations, and other interested plan for the Heritage Area. the Commission. parties; (2) REQUIREMENTS.—The management plan (g) AUTHORIZATION OF APPROPRIATIONS.— (C) hire and compensate staff, which shall shall— (1) IN GENERAL.—There is authorized to be include individuals with expertise in natural, (A) incorporate an integrated and coopera- appropriated to the Commission to carry out cultural, and historical resources protection, tive approach for the protection, enhance- this section $500,000 for each of fiscal years and heritage programming; ment, and interpretation of the natural, cul- 2009 through 2015. (D) obtain money or services from any tural, historic, scenic, and recreational re- (2) AVAILABILITY.—Amounts made avail- source including any that are provided under sources of the Heritage Area; able under paragraph (1) shall remain avail- any other Federal law or program; (B) take into consideration State and local able until December 31, 2015. (E) contract for goods or services; and plans; (h) TERMINATION OF COMMISSION.— (F) undertake to be a catalyst for any (C) include— (1) DATE OF TERMINATION.—The Commis- other activity that furthers the Heritage (i) an inventory of— sion shall terminate on December 31, 2015. Area and is consistent with the approved (I) the resources located in the core area (2) TRANSFER OF DOCUMENTS AND MATE- management plan. described in subsection (b)(2); and RIALS.—Before the date of termination speci- (2) DUTIES.—The management entity (II) any other property in the core area fied in paragraph (1), the Commission shall shall— that— transfer all documents and materials of the (A) in accordance with subsection (d), pre- (aa) is related to the themes of the Herit- Commission to the National Archives or an- pare and submit a management plan for the age Area; and other appropriate Federal entity. Heritage Area to the Secretary; (bb) should be preserved, restored, man- TITLE VIII—NATIONAL HERITAGE AREAS (B) assist units of local government, re- aged, or maintained because of the signifi- Subtitle A—Designation of National Heritage gional planning organizations, and nonprofit cance of the property; Areas organizations in carrying out the approved (ii) comprehensive policies, strategies and SEC. 8001. SANGRE DE CRISTO NATIONAL HERIT- management plan by— recommendations for conservation, funding, AGE AREA, COLORADO. (i) carrying out programs and projects that management, and development of the Herit- (a) DEFINITIONS.—In this section: recognize, protect, and enhance important age Area; (1) HERITAGE AREA.—The term ‘‘Heritage resource values in the Heritage Area; (iii) a description of actions that govern- Area’’ means the Sangre de Cristo National (ii) establishing and maintaining interpre- ments, private organizations, and individuals Heritage Area established by subsection tive exhibits and programs in the Heritage have agreed to take to protect the natural, (b)(1). Area; historical and cultural resources of the Her- (2) MANAGEMENT ENTITY.—The term ‘‘man- (iii) developing recreational and edu- itage Area; agement entity’’ means the management en- cational opportunities in the Heritage Area; (iv) a program of implementation for the tity for the Heritage Area designated by sub- (iv) increasing public awareness of, and ap- management plan by the management entity section (b)(4). preciation for, natural, historical, scenic, that includes a description of— (3) MANAGEMENT PLAN.—The term ‘‘man- and cultural resources of the Heritage Area; (I) actions to facilitate ongoing collabora- agement plan’’ means the management plan (v) protecting and restoring historic sites tion among partners to promote plans for re- for the Heritage Area required under sub- and buildings in the Heritage Area that are source protection, restoration, and construc- section (d). consistent with Heritage Area themes; tion; and

VerDate Nov 24 2008 03:05 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.044 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S495 (II) specific commitments for implementa- duct activities that may have an impact on (i) ways in which Federal funding for the tion that have been made by the manage- the Heritage Area is encouraged to consult Heritage Area may be reduced or eliminated; ment entity or any government, organiza- and coordinate the activities with the Sec- and tion, or individual for the first 5 years of op- retary and the management entity to the (ii) the appropriate time period necessary eration; maximum extent practicable. to achieve the recommended reduction or (v) the identification of sources of funding (3) OTHER FEDERAL AGENCIES.—Nothing in elimination. for carrying out the management plan; this section— (C) SUBMISSION TO CONGRESS.—On comple- (vi) analysis and recommendations for (A) modifies, alters, or amends any law or tion of the report, the Secretary shall sub- means by which local, State, and Federal regulation authorizing a Federal agency to mit the report to— programs, including the role of the National manage Federal land under the jurisdiction (i) the Committee on Energy and Natural Park Service in the Heritage Area, may best of the Federal agency; Resources of the Senate; and be coordinated to carry out this section; and (B) limits the discretion of a Federal land (ii) the Committee on Natural Resources of (vii) an interpretive plan for the Heritage manager to implement an approved land use the House of Representatives. Area; and plan within the boundaries of the Heritage (h) AUTHORIZATION OF APPROPRIATIONS.— (D) recommend policies and strategies for Area; or There is authorized to be appropriated to resource management that consider and de- (C) modifies, alters, or amends any author- carry out this section $10,000,000, of which tail the application of appropriate land and ized use of Federal land under the jurisdic- not more than $1,000,000 may be made avail- water management techniques, including the tion of a Federal agency. able for any fiscal year. development of intergovernmental and inter- (i) TERMINATION OF AUTHORITY.—The au- (f) PRIVATE PROPERTY AND REGULATORY agency cooperative agreements to protect thority of the Secretary to provide assist- the natural, historical, cultural, educational, PROTECTIONS.—Nothing in this section— ance under this section terminates on the scenic, and recreational resources of the Her- (1) abridges the rights of any property date that is 15 years after the date of enact- itage Area. owner (whether public or private), including ment of this Act. (3) DEADLINE.—If a proposed management the right to refrain from participating in any plan is not submitted to the Secretary by SEC. 8002. CACHE LA POUDRE RIVER NATIONAL plan, project, program, or activity conducted HERITAGE AREA, COLORADO. the date that is 3 years after the date of en- within the Heritage Area; (a) DEFINITIONS.—In this section: actment of this Act, the management entity (2) requires any property owner to permit (1) HERITAGE AREA.—The term ‘‘Heritage shall be ineligible to receive additional fund- public access (including access by Federal, Area’’ means the Cache La Poudre River Na- ing under this section until the date that the State, or local agencies) to the property of Secretary receives and approves the manage- tional Heritage Area established by sub- the property owner, or to modify public ac- section (b)(1). ment plan. cess or use of property of the property owner (2) LOCAL COORDINATING ENTITY.—The term (4) APPROVAL OR DISAPPROVAL OF MANAGE- under any other Federal, State, or local law; ‘‘local coordinating entity’’ means the MENT PLAN.— (3) alters any duly adopted land use regula- Poudre Heritage Alliance, the local coordi- (A) IN GENERAL.—Not later than 180 days tion, approved land use plan, or other regu- after the date of receipt of the management nating entity for the Heritage Area des- latory authority of any Federal, State or ignated by subsection (b)(4). plan under paragraph (1), the Secretary, in local agency, or conveys any land use or consultation with the State, shall approve or (3) MANAGEMENT PLAN.—The term ‘‘man- other regulatory authority to the manage- agement plan’’ means the management plan disapprove the management plan. ment entity; (B) CRITERIA FOR APPROVAL.—In deter- for the Heritage Area required under sub- (4) authorizes or implies the reservation or section (d)(1). mining whether to approve the management appropriation of water or water rights; plan, the Secretary shall consider whether— (4) MAP.—The term ‘‘map’’ means the map (5) diminishes the authority of the State to entitled ‘‘Cache La Poudre River National (i) the management entity is representa- manage fish and wildlife, including the regu- tive of the diverse interests of the Heritage Heritage Area’’, numbered 960/80,003, and lation of fishing and hunting within the Her- dated April, 2004. Area, including governments, natural and itage Area; or historic resource protection organizations, (5) SECRETARY.—The term ‘‘Secretary’’ (6) creates any liability, or affects any li- means the Secretary of the Interior. educational institutions, businesses, and rec- ability under any other law, of any private (6) STATE.—The term ‘‘State’’ means the reational organizations; property owner with respect to any person (ii) the management entity has afforded State of Colorado. injured on the private property. adequate opportunity, including public hear- (b) CACHE LA POUDRE RIVER NATIONAL HER- ings, for public and governmental involve- (g) EVALUATION; REPORT.— ITAGE AREA.— ment in the preparation of the management (1) IN GENERAL.—Not later than 3 years be- (1) ESTABLISHMENT.—There is established plan; and fore the date on which authority for Federal in the State the Cache La Poudre River Na- (iii) the resource protection and interpre- funding terminates for the Heritage Area, tional Heritage Area. tation strategies contained in the manage- the Secretary shall— (2) BOUNDARIES.—The Heritage Area shall ment plan, if implemented, would adequately (A) conduct an evaluation of the accom- consist of the area depicted on the map. protect the natural, historical, and cultural plishments of the Heritage Area; and (3) MAP.—The map shall be on file and resources of the Heritage Area. (B) prepare a report in accordance with available for public inspection in the appro- (C) ACTION FOLLOWING DISAPPROVAL.—If the paragraph (3). priate offices of— Secretary disapproves the management plan (2) EVALUATION.—An evaluation conducted (A) the National Park Service; and under subparagraph (A), the Secretary under paragraph (1)(A) shall— (B) the local coordinating entity. shall— (A) assess the progress of the management (4) LOCAL COORDINATING ENTITY.—The local (i) advise the management entity in writ- entity with respect to— coordinating entity for the Heritage Area ing of the reasons for the disapproval; (i) accomplishing the purposes of this sec- shall be the Poudre Heritage Alliance, a non- (ii) make recommendations for revisions to tion for the Heritage Area; and profit organization incorporated in the the management plan; and (ii) achieving the goals and objectives of State. (iii) not later than 180 days after the re- the approved management plan for the Herit- (c) ADMINISTRATION.— ceipt of any proposed revision of the manage- age Area; (1) AUTHORITIES.—To carry out the man- ment plan from the management entity, ap- (B) analyze the Federal, State, local, and agement plan, the Secretary, acting through prove or disapprove the proposed revision. private investments in the Heritage Area to the local coordinating entity, may use (D) AMENDMENTS.— determine the leverage and impact of the in- amounts made available under this section— (i) IN GENERAL.—The Secretary shall ap- vestments; and (A) to make grants to the State (including prove or disapprove each amendment to the (C) review the management structure, any political subdivision of the State), non- management plan that the Secretary deter- partnership relationships, and funding of the profit organizations, and other individuals; mines make a substantial change to the Heritage Area for purposes of identifying the (B) to enter into cooperative agreements management plan. critical components for sustainability of the with, or provide technical assistance to, the (ii) USE OF FUNDS.—The management enti- Heritage Area. State (including any political subdivision of ty shall not use Federal funds authorized by (3) REPORT.— the State), nonprofit organizations, and this section to carry out any amendments to (A) IN GENERAL.—Based on the evaluation other interested parties; the management plan until the Secretary conducted under paragraph (1)(A), the Sec- (C) to hire and compensate staff, which has approved the amendments. retary shall prepare a report that includes shall include individuals with expertise in (e) RELATIONSHIP TO OTHER FEDERAL AGEN- recommendations for the future role of the natural, cultural, and historical resource CIES.— National Park Service, if any, with respect protection, and heritage programming; (1) IN GENERAL.—Nothing in this section af- to the Heritage Area. (D) to obtain funds or services from any fects the authority of a Federal agency to (B) REQUIRED ANALYSIS.—If the report pre- source, including funds or services that are provide technical or financial assistance pared under subparagraph (A) recommends provided under any other Federal law or pro- under any other law. that Federal funding for the Heritage Area gram; (2) CONSULTATION AND COORDINATION.—The be reauthorized, the report shall include an (E) to enter into contracts for goods or head of any Federal agency planning to con- analysis of— services; and

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(F) to serve as a catalyst for any other ac- (ii) comprehensive policies, strategies, and (A) IN GENERAL.—The Secretary shall ap- tivity that— recommendations for conservation, funding, prove or disapprove each amendment to the (i) furthers the purposes and goals of the management, and development of the Herit- management plan that the Secretary deter- Heritage Area; and age Area; mines would make a substantial change to (ii) is consistent with the approved man- (iii) a description of actions that govern- the management plan. agement plan. ments, private organizations, and individuals (B) USE OF FUNDS.—The local coordinating (2) DUTIES.—The local coordinating entity have agreed to take to protect the natural, entity shall not use Federal funds authorized shall— cultural, historic, scenic, educational, and to be appropriated by this section to carry (A) in accordance with subsection (d), pre- recreational resources of the Heritage Area; out any amendments to the management pare and submit to the Secretary a manage- (iv) a program of implementation for the plan until the Secretary has approved the ment plan for the Heritage Area; management plan by the local coordinating amendments. (B) assist units of local government, re- entity that includes a description of— (e) RELATIONSHIP TO OTHER FEDERAL AGEN- gional planning organizations, and nonprofit (I) actions to facilitate ongoing collabora- CIES.— organizations in carrying out the approved tion among partners to promote plans for re- (1) IN GENERAL.—Nothing in this section af- management plan by— source protection, restoration, and construc- fects the authority of a Federal agency to (i) carrying out programs and projects that tion; and provide technical or financial assistance recognize, protect, and enhance important (II) specific commitments for implementa- under any other law (including regulations). resource values located in the Heritage Area; tion that have been made by the local co- (2) CONSULTATION AND COORDINATION.—To (ii) establishing and maintaining interpre- ordinating entity or any government, orga- the maximum extent practicable, the head of tive exhibits and programs in the Heritage nization, or individual for the first 5 years of any Federal agency planning to conduct ac- Area; operation; tivities that may have an impact on the Her- (iii) developing recreational and edu- (v) the identification of sources of funding itage Area is encouraged to consult and co- cational opportunities in the Heritage Area; for carrying out the management plan; ordinate the activities with the Secretary (iv) increasing public awareness of, and ap- (vi) analysis and recommendations for and the local coordinating entity. means by which local, State, and Federal preciation for, the natural, historical, scenic, (3) OTHER FEDERAL AGENCIES.—Nothing in and cultural resources of the Heritage Area; programs, including the role of the National this section— (v) protecting and restoring historic sites Park Service in the Heritage Area, may best (A) modifies, alters, or amends any law (in- and buildings in the Heritage Area that are be coordinated to carry out this section; and cluding any regulation) authorizing a Fed- consistent with Heritage Area themes; (vii) an interpretive plan for the Heritage eral agency to manage Federal land under Area; and (vi) ensuring that clear, consistent, and ap- the jurisdiction of the Federal agency; (D) recommend policies and strategies for propriate signs identifying points of public (B) limits the discretion of a Federal land resource management that consider and de- access, and sites of interest, are posted manager to implement an approved land use tail the application of appropriate land and throughout the Heritage Area; and plan within the boundaries of the Heritage water management techniques, including the (vii) promoting a wide range of partner- Area; or development of intergovernmental and inter- ships among governments, organizations, (C) modifies, alters, or amends any author- agency cooperative agreements to protect and individuals to further the Heritage Area; ized use of Federal land under the jurisdic- the natural, cultural, historic, scenic, edu- (C) consider the interests of diverse units tion of a Federal agency. cational, and recreational resources of the of government, businesses, organizations, Heritage Area. (f) PRIVATE PROPERTY AND REGULATORY and individuals in the Heritage Area in the (3) DEADLINE.—If a proposed management PROTECTIONS.—Nothing in this section— preparation and implementation of the man- plan is not submitted to the Secretary by (1) abridges the rights of any public or pri- agement plan; the date that is 3 years after the date of en- vate property owner, including the right to (D) conduct meetings open to the public at actment of this Act, the local coordinating refrain from participating in any plan, least semiannually regarding the develop- entity shall be ineligible to receive addi- project, program, or activity conducted ment and implementation of the manage- tional funding under this section until the within the Heritage Area; ment plan; date on which the Secretary approves a man- (2) requires any property owner— (E) for any year for which Federal funds agement plan. (A) to permit public access (including ac- have been received under this section— (4) APPROVAL OR DISAPPROVAL OF MANAGE- cess by Federal, State, or local agencies) to (i) submit an annual report to the Sec- MENT PLAN.— the property of the property owner; or retary that describes the activities, ex- (A) IN GENERAL.—Not later than 180 days (B) to modify public access or use of prop- penses, and income of the local coordinating after the date of receipt of the management erty of the property owner under any other entity (including grants to any other enti- plan under paragraph (1), the Secretary, in Federal, State, or local law; ties during the year that the report is made); consultation with the State, shall approve or (3) alters any duly adopted land use regula- (ii) make available to the Secretary for disapprove the management plan. tion, approved land use plan, or other regu- audit all records relating to the expenditure (B) CRITERIA FOR APPROVAL.—In deter- latory authority of any Federal, State, or of the funds and any matching funds; and mining whether to approve the management local agency; (iii) require, with respect to all agreements plan, the Secretary shall consider whether— (4) conveys any land use or other regu- authorizing expenditure of Federal funds by (i) the local coordinating entity is rep- latory authority to the local coordinating other organizations, that the organizations resentative of the diverse interests of the entity; receiving the funds make available to the Heritage Area, including governments, nat- (5) authorizes or implies the reservation or Secretary for audit all records concerning ural and historic resource protection organi- appropriation of water or water rights; the expenditure of the funds; and zations, educational institutions, businesses, (6) diminishes the authority of the State to (F) encourage by appropriate means eco- and recreational organizations; manage fish and wildlife, including the regu- nomic viability that is consistent with the (ii) the local coordinating entity has af- lation of fishing and hunting within the Her- Heritage Area. forded adequate opportunity, including pub- itage Area; or (3) PROHIBITION ON THE ACQUISITION OF REAL lic hearings, for public and governmental in- (7) creates any liability, or affects any li- PROPERTY.—The local coordinating entity volvement in the preparation of the manage- ability under any other law (including regu- shall not use Federal funds made available ment plan; and lations), of any private property owner with under this section to acquire real property or (iii) the resource protection and interpre- respect to any individual injured on the pri- any interest in real property. tation strategies contained in the manage- vate property. (d) MANAGEMENT PLAN.— ment plan, if implemented, would adequately (g) EVALUATION; REPORT.— (1) IN GENERAL.—Not later than 3 years protect the natural, cultural, historic, sce- (1) IN GENERAL.—Not later than 3 years be- after the date of enactment of this Act, the nic, educational, and recreational resources fore the date on which authority for Federal local coordinating entity shall submit to the of the Heritage Area. funding terminates for the Heritage Area, Secretary for approval a proposed manage- (C) ACTION FOLLOWING DISAPPROVAL.—If the the Secretary shall— ment plan for the Heritage Area. Secretary disapproves the management plan (A) conduct an evaluation of the accom- (2) REQUIREMENTS.—The management plan under subparagraph (A), the Secretary plishments of the Heritage Area; and shall— shall— (B) prepare a report in accordance with (A) incorporate an integrated and coopera- (i) advise the local coordinating entity in paragraph (3). tive approach for the protection, enhance- writing of the reasons for the disapproval; (2) EVALUATION.—An evaluation conducted ment, and interpretation of the natural, cul- (ii) make recommendations for revisions to under paragraph (1)(A) shall— tural, historic, scenic, educational, and rec- the management plan; and (A) assess the progress of the local coordi- reational resources of the Heritage Area; (iii) not later than 180 days after the date nating entity with respect to— (B) take into consideration State and local of receipt of any proposed revision of the (i) accomplishing the purposes of this sec- plans; management plan from the local coordi- tion for the Heritage Area; and (C) include— nating entity, approve or disapprove the pro- (ii) achieving the goals and objectives of (i) an inventory of the resources located in posed revision. the approved management plan for the Herit- the Heritage Area; (5) AMENDMENTS.— age Area;

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(B) analyze the Federal, State, local, and (9) TECHNICAL ASSISTANCE.—The term (v) protecting and restoring historic sites private investments in the Heritage Area to ‘‘technical assistance’’ means any guidance, and buildings in the Heritage Area that are determine the leverage and impact of the in- advice, help, or aid, other than financial as- consistent with Heritage Area themes; vestments; and sistance, provided by the Secretary. (vi) ensuring that clear, consistent, and ap- (C) review the management structure, (b) SOUTH PARK NATIONAL HERITAGE propriate signs identifying points of public partnership relationships, and funding of the AREA.— access, and sites of interest are posted Heritage Area to identify the critical compo- (1) ESTABLISHMENT.—There is established throughout the Heritage Area; nents for sustainability of the Heritage Area. in the State the South Park National Herit- (vii) promoting a wide range of partner- (3) REPORT.— age Area. ships among governments, organizations, (A) IN GENERAL.—Based on the evaluation (2) BOUNDARIES.—The Heritage Area shall and individuals to further the Heritage Area; conducted under paragraph (1)(A), the Sec- consist of the areas included in the map. and retary shall prepare a report that includes (3) MAP.—A map of the Heritage Area shall (viii) planning and developing new heritage recommendations for the future role of the be— attractions, products and services; National Park Service, if any, with respect (A) included in the management plan; and (C) consider the interests of diverse units to the Heritage Area. (B) on file and available for public inspec- of government, businesses, organizations, (B) REQUIRED ANALYSIS.—If the report pre- tion in the appropriate offices of the Na- and individuals in the Heritage Area in the pared under subparagraph (A) recommends tional Park Service. preparation and implementation of the man- that Federal funding for the Heritage Area (4) MANAGEMENT ENTITY.— agement plan; be reauthorized, the report shall include an (A) IN GENERAL.—The management entity (D) conduct meetings open to the public at analysis of— for the Heritage Area shall be the Park least semiannually regarding the develop- (i) ways in which Federal funding for the County Tourism & Community Development ment and implementation of the manage- Heritage Area may be reduced or eliminated; Office, in conjunction with the South Park ment plan; and National Heritage Area Board of Directors. (E) for any year for which Federal funds (ii) the appropriate time period necessary (B) MEMBERSHIP REQUIREMENTS.—Members have been received under this section— to achieve the recommended reduction or of the Board shall include representatives (i) submit to the Secretary an annual re- elimination. from a broad cross-section of individuals, port that describes the activities, expenses, agencies, organizations, and governments (C) SUBMISSION TO CONGRESS.—On comple- and income of the management entity (in- tion of the report, the Secretary shall sub- that were involved in the planning and devel- cluding grants to any other entities during opment of the Heritage Area before the date mit the report to— the year that the report is made); of enactment of this Act. (i) the Committee on Energy and Natural (ii) make available to the Secretary for (c) ADMINISTRATION.— Resources of the Senate; and audit all records relating to the expenditure (1) PROHIBITION ON THE ACQUISITION OF REAL (ii) the Committee on Natural Resources of of the Federal funds and any matching funds; PROPERTY.—The management entity shall the House of Representatives. and not use Federal funds made available under (iii) require, with respect to all agreements (h) FUNDING.— this section to acquire real property or any authorizing expenditure of Federal funds by (1) AUTHORIZATION OF APPROPRIATIONS.— interest in real property. other organizations, that the organizations There is authorized to be appropriated to (2) AUTHORITIES.—For purposes of carrying receiving the funds make available to the carry out this section $10,000,000, of which out the management plan, the Secretary, Secretary for audit all records concerning not more than $1,000,000 may be made avail- acting through the management entity, may the expenditure of the funds; and able for any fiscal year. use amounts made available under this sec- (F) encourage by appropriate means eco- (2) COST-SHARING REQUIREMENT.—The Fed- tion to— nomic viability that is consistent with the eral share of the cost of any activity carried (A) make grants to the State or a political Heritage Area. out using any assistance made available subdivision of the State, nonprofit organiza- (4) COST-SHARING REQUIREMENT.—The Fed- under this section shall be 50 percent. tions, and other persons; eral share of the cost of any activity carried (i) TERMINATION OF AUTHORITY.—The au- (B) enter into cooperative agreements out using any assistance made available thority of the Secretary to provide assist- with, or provide technical assistance to, the under this section shall be 50 percent. ance under this section terminates on the State or a political subdivision of the State, (d) MANAGEMENT PLAN.— date that is 15 years after the date of enact- nonprofit organizations, and other interested (1) IN GENERAL.—Not later than 3 years ment of this Act. parties; after the date of enactment of this Act, the (j) CONFORMING AMENDMENT.—The Cache (C) hire and compensate staff, which shall management entity, with public participa- La Poudre River Corridor Act (16 U.S.C. 461 include individuals with expertise in natural, tion, shall submit to the Secretary for ap- note; Public Law 104–323) is repealed. cultural, and historical resources protection, proval a proposed management plan for the SEC. 8003. SOUTH PARK NATIONAL HERITAGE fundraising, heritage facility planning and Heritage Area. AREA, COLORADO. development, and heritage tourism program- (2) REQUIREMENTS.—The management plan (a) DEFINITIONS.—In this section: ming; shall— (1) BOARD.—The term ‘‘Board’’ means the (D) obtain funds or services from any (A) incorporate an integrated and coopera- Board of Directors of the South Park Na- source, including funds or services that are tive approach for the protection, enhance- tional Heritage Area, comprised initially of provided under any other Federal law or pro- ment, interpretation, development, and pro- the individuals, agencies, organizations, and gram; motion of the historical, cultural, scenic, governments that were involved in the plan- (E) enter into contracts for goods or serv- recreational, agricultural, and natural re- ning and development of the Heritage Area ices; and sources of the Heritage Area; before the date of enactment of this Act. (F) to facilitate the conduct of other (B) take into consideration State and local (2) HERITAGE AREA.—The term ‘‘Heritage projects and activities that further the Her- plans; Area’’ means the South Park National Herit- itage Area and are consistent with the ap- (C) include— age Area established by subsection (b)(1). proved management plan. (i) an inventory of— (3) MANAGEMENT ENTITY.—The term ‘‘man- (3) DUTIES.—The management entity (I) the resources located within the areas agement entity’’ means the management en- shall— included in the map; and tity for the Heritage Area designated by sub- (A) in accordance with subsection (d), pre- (II) any other eligible and participating section (b)(4)(A). pare and submit a management plan for the property within the areas included in the (4) MANAGEMENT PLAN.—The term ‘‘man- Heritage Area to the Secretary; map that— agement plan’’ means the management plan (B) assist units of local government, local (aa) is related to the themes of the Herit- for the Heritage Area required by subsection property owners and businesses, and non- age Area; and (d). profit organizations in carrying out the ap- (bb) should be preserved, restored, man- (5) MAP.—The term ‘‘map’’ means the map proved management plan by— aged, maintained, developed, or promoted be- entitled ‘‘South Park National Heritage (i) carrying out programs and projects that cause of the significance of the property; Area Map (Proposed)’’, dated January 30, recognize, protect, enhance, and promote im- (ii) comprehensive policies, strategies, and 2006. portant resource values in the Heritage recommendations for conservation, funding, (6) PARTNER.—The term ‘‘partner’’ means a Area; management, development, and promotion of Federal, State, or local governmental entity, (ii) establishing and maintaining interpre- the Heritage Area; organization, private industry, educational tive exhibits and programs in the Heritage (iii) a description of actions that govern- institution, or individual involved in the Area; ments, private organizations, and individuals conservation, preservation, interpretation, (iii) developing economic, recreational and have agreed to take to manage protect the development or promotion of heritage sites educational opportunities in the Heritage historical, cultural, scenic, recreational, ag- or resources of the Heritage Area. Area; ricultural, and natural resources of the Her- (7) SECRETARY.—The term ‘‘Secretary’’ (iv) increasing public awareness of, and ap- itage Area; means the Secretary of the Interior. preciation for, historical, cultural, scenic, (iv) a program of implementation for the (8) STATE.—The term ‘‘State’’ means the recreational, agricultural, and natural re- management plan by the management entity State of Colorado. sources of the Heritage Area; that includes a description of—

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(I) actions to facilitate ongoing and effec- (e) RELATIONSHIP TO OTHER FEDERAL AGEN- National Park Service, if any, with respect tive collaboration among partners to pro- CIES.— to the Heritage Area. mote plans for resource protection, enhance- (1) IN GENERAL.—Nothing in this section af- (B) REQUIRED ANALYSIS.—If the report pre- ment, interpretation, restoration, and con- fects the authority of a Federal agency to pared under subparagraph (A) recommends struction; and provide technical or financial assistance that Federal funding for the Heritage Area (II) specific commitments for implementa- under any other law. be reauthorized, the report shall include an tion that have been made by the manage- (2) CONSULTATION AND COORDINATION.—The analysis of— ment entity or any government, organiza- head of any Federal agency planning to con- (i) ways in which Federal funding for the tion, or individual for the first 5 years of op- duct activities that may have an impact on Heritage Area may be reduced or eliminated; eration; the Heritage Area is encouraged to consult and (v) the identification of sources of funding and coordinate the activities with the Sec- (ii) the appropriate time period necessary for carrying out the management plan; retary and the management entity to the to achieve the recommended reduction or (vi) an analysis of and recommendations maximum extent practicable. elimination. for means by which Federal, State, and local (3) OTHER FEDERAL AGENCIES.—Nothing in (C) SUBMISSION TO CONGRESS.—On comple- programs, including the role of the National this section— tion of the report, the Secretary shall sub- Park Service in the Heritage Area, may best (A) modifies, alters, or amends any law or mit the report to— be coordinated to carry out this section; and regulation authorizing a Federal agency to (i) the Committee on Energy and Natural (vii) an interpretive plan for the Heritage manage Federal land under the jurisdiction Resources of the Senate; and Area; and of the Federal agency; (ii) the Committee on Natural Resources of (D) recommend policies and strategies for (B) limits the discretion of a Federal land the House of Representatives. resource management that consider and de- manager to implement an approved land use (h) AUTHORIZATION OF APPROPRIATIONS.— tail the application of appropriate land and plan within the boundaries of the Heritage There is authorized to be appropriated to water management techniques, including the Area; or carry out this section $10,000,000, of which development of intergovernmental and inter- (C) modifies, alters, or amends any author- not more than $1,000,000 may be made avail- agency cooperative agreements to protect ized use of Federal land under the jurisdic- able for any fiscal year. the historical, cultural, scenic, recreational, tion of a Federal agency. (i) TERMINATION OF AUTHORITY.—The au- agricultural, and natural resources of the thority of the Secretary to provide assist- (f) PRIVATE PROPERTY AND REGULATORY Heritage Area. ance under this section terminates on the PROTECTIONS.—Nothing in this section— (3) DEADLINE.—If a proposed management date that is 15 years after the date of enact- (1) abridges the rights of any property plan is not submitted to the Secretary by ment of this Act. owner (whether public or private), including the date that is 3 years after the date of en- SEC. 8004. NORTHERN PLAINS NATIONAL HERIT- the right to refrain from participating in any actment of this Act, the management entity AGE AREA, NORTH DAKOTA. plan, project, program, or activity conducted shall be ineligible to receive additional fund- (a) DEFINITIONS.—In this section: within the Heritage Area; ing under this section until the date on (1) HERITAGE AREA.—The term ‘‘Heritage (2) requires any property owner to permit which the Secretary receives and approves Area’’ means the Northern Plains National the management plan. public access (including access by Federal, Heritage Area established by subsection State, or local agencies) to the property of (4) APPROVAL OR DISAPPROVAL OF MANAGE- (b)(1). the property owner, or to modify public ac- MENT PLAN.— (2) LOCAL COORDINATING ENTITY.—The term cess or use of property of the property owner (A) IN GENERAL.—Not later than 180 days ‘‘local coordinating entity’’ means the after the date of receipt of the management under any other Federal, State, or local law; Northern Plains Heritage Foundation, the plan under paragraph (1), the Secretary, in (3) alters any duly adopted land use regula- local coordinating entity for the Heritage consultation with the State, shall approve or tion, approved land use plan, or other regu- Area designated by subsection (c)(1). disapprove the management plan. latory authority of any Federal, State or (3) MANAGEMENT PLAN.—The term ‘‘man- (B) CRITERIA FOR APPROVAL.—In deter- local agency, or conveys any land use or agement plan’’ means the management plan mining whether to approve the management other regulatory authority to the manage- for the Heritage Area required under sub- plan, the Secretary shall consider whether— ment entity; section (d). (i) the management entity is representa- (4) authorizes or implies the reservation or (4) SECRETARY.—The term ‘‘Secretary’’ tive of the diverse interests of the Heritage appropriation of water or water rights; means the Secretary of the Interior. Area, including governments, natural and (5) diminishes the authority of the State to (5) STATE.—The term ‘‘State’’ means the historical resource protection organizations, manage fish and wildlife, including the regu- State of North Dakota. educational institutions, local businesses lation of fishing and hunting within the Her- (b) ESTABLISHMENT.— and industries, community organizations, itage Area; or (1) IN GENERAL.—There is established the recreational organizations, and tourism or- (6) creates any liability, or affects any li- Northern Plains National Heritage Area in ganizations; ability under any other law, of any private the State of North Dakota. (ii) the management entity has afforded property owner with respect to any person (2) BOUNDARIES.—The Heritage Area shall adequate opportunity, including public hear- injured on the private property. consist of— ings, for public and governmental involve- (g) EVALUATION; REPORT.— (A) a core area of resources in Burleigh, ment in the preparation of the management (1) IN GENERAL.—Not later than 3 years be- McLean, Mercer, Morton, and Oliver Coun- plan; and fore the date on which authority for Federal ties in the State; and (iii) strategies contained in the manage- funding terminates for the Heritage Area, (B) any sites, buildings, and districts with- ment plan, if implemented, would adequately the Secretary shall— in the core area recommended by the man- balance the voluntary protection, develop- (A) conduct an evaluation of the accom- agement plan for inclusion in the Heritage ment, and interpretation of the natural, his- plishments of the Heritage Area; and Area. torical, cultural, scenic, recreational, and (B) prepare a report in accordance with (3) MAP.—A map of the Heritage Area shall agricultural resources of the Heritage Area. paragraph (3). be— (C) ACTION FOLLOWING DISAPPROVAL.—If the (2) EVALUATION.—An evaluation conducted (A) included in the management plan; and Secretary disapproves the management plan under paragraph (1)(A) shall— (B) on file and available for public inspec- under subparagraph (A), the Secretary (A) assess the progress of the management tion in the appropriate offices of the local shall— entity with respect to— coordinating entity and the National Park (i) advise the management entity in writ- (i) accomplishing the purposes of this sec- Service. ing of the reasons for the disapproval; tion for the Heritage Area; and (c) LOCAL COORDINATING ENTITY.— (ii) make recommendations for revisions to (ii) achieving the goals and objectives of (1) IN GENERAL.—The local coordinating en- the management plan; and the approved management plan for the Herit- tity for the Heritage Area shall be the (iii) not later than 180 days after the re- age Area; Northern Plains Heritage Foundation, a non- ceipt of any proposed revision of the manage- (B) analyze the Federal, State, local, and profit corporation established under the laws ment plan from the management entity, ap- private investments in the Heritage Area to of the State. prove or disapprove the proposed revision. determine the leverage and impact of the in- (2) DUTIES.—To further the purposes of the (D) AMENDMENTS.— vestments; and Heritage Area, the Northern Plains Heritage (i) IN GENERAL.—The Secretary shall ap- (C) review the management structure, Foundation, as the local coordinating entity, prove or disapprove each amendment to the partnership relationships, and funding of the shall— management plan that the Secretary deter- Heritage Area for purposes of identifying the (A) prepare a management plan for the mines makes a substantial change to the critical components for sustainability of the Heritage Area, and submit the management management plan. Heritage Area. plan to the Secretary, in accordance with (ii) USE OF FUNDS.—The management enti- (3) REPORT.— this section; ty shall not use Federal funds authorized by (A) IN GENERAL.—Based on the evaluation (B) submit an annual report to the Sec- this section to carry out any amendments to conducted under paragraph (1)(A), the Sec- retary for each fiscal year for which the the management plan until the Secretary retary shall prepare a report that includes local coordinating entity receives Federal has approved the amendments. recommendations for the future role of the funds under this section, specifying—

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(ii) economic and community development; for the Heritage Area. (D) AMENDMENTS.— and (3) DEADLINE.— (i) IN GENERAL.—An amendment to the (iii) heritage planning; (A) IN GENERAL.—Not later than 3 years management plan that substantially alters (D) obtain funds or services from any after the date on which funds are first made the purposes of the Heritage Area shall be re- source, including other Federal programs; available to develop the management plan viewed by the Secretary and approved or dis- (E) contract for goods or services; and after designation of the Heritage Area, the approved in the same manner as the original (F) support activities of partners and any local coordinating entity shall submit the management plan. other activities that further the purposes of management plan to the Secretary for ap- (ii) IMPLEMENTATION.—The local coordi- the Heritage Area and are consistent with proval. nating entity shall not use Federal funds au- the approved management plan. (B) TERMINATION OF FUNDING.—If the man- thorized to be appropriated by this section to (4) PROHIBITION ON ACQUISITION OF REAL agement plan is not submitted to the Sec- implement an amendment to the manage- PROPERTY.—The local coordinating entity retary in accordance with subparagraph (A), may not use Federal funds authorized to be ment plan until the Secretary approves the the local coordinating entity shall not qual- amendment. appropriated under this section to acquire ify for any additional financial assistance any interest in real property. (E) AUTHORITIES.—The Secretary may— under this section until such time as the (i) provide technical assistance under this (5) OTHER SOURCES.—Nothing in this sec- management plan is submitted to and ap- tion precludes the local coordinating entity section for the development and implemen- proved by the Secretary. tation of the management plan; and from using Federal funds from other sources (4) APPROVAL OF MANAGEMENT PLAN.— for authorized purposes. (ii) enter into cooperative agreements with (A) REVIEW.—Not later than 180 days after interested parties to carry out this section. (d) MANAGEMENT PLAN.— receiving the plan, the Secretary shall re- (1) IN GENERAL.—Not later than 3 years view and approve or disapprove the manage- (e) RELATIONSHIP TO OTHER FEDERAL AGEN- after the date of enactment of this Act, the ment plan for the Heritage Area on the basis CIES.— local coordinating entity shall submit to the of the criteria established under subpara- (1) IN GENERAL.—Nothing in this section af- Secretary for approval a proposed manage- graph (B). fects the authority of a Federal agency to ment plan for the Heritage Area. (B) CRITERIA FOR APPROVAL.—In deter- provide technical or financial assistance (2) REQUIREMENTS.—The management plan mining whether to approve a management under any other law. for the Heritage Area shall— plan for the Heritage Area, the Secretary (2) TECHNICAL AND FINANCIAL ASSISTANCE.— (A) describe comprehensive policies, goals, shall consider whether— (A) IN GENERAL.—On the request of the strategies, and recommendations for telling (i) the local coordinating entity represents local coordinating entity, the Secretary may the story of the heritage of the area covered the diverse interests of the Heritage Area, provide financial assistance and, on a reim- by the Heritage Area and encouraging long- including Federal, State, tribal, and local bursable or nonreimbursable basis, technical term resource protection, enhancement, in- governments, natural, and historic resource assistance to the local coordinating entity to terpretation, funding, management, and de- protection organizations, educational insti- develop and implement the management velopment of the Heritage Area; tutions, businesses, recreational organiza- plan. (B) include a description of actions and tions, community residents, and private (B) COOPERATIVE AGREEMENTS.—The Sec- commitments that Federal, State, tribal, property owners; retary may enter into cooperative agree- and local governments, private organiza- (ii) the local coordinating entity— ments with the local coordinating entity and tions, and citizens will take to protect, en- (I) has afforded adequate opportunity for other public or private entities to provide hance, interpret, fund, manage, and develop public and Federal, State, tribal, and local technical or financial assistance under sub- the natural, historical, cultural, educational, governmental involvement (including paragraph (A). scenic, and recreational resources of the Her- through workshops and hearings) in the (C) PRIORITY.—In assisting the Heritage itage Area; preparation of the management plan; and Area, the Secretary shall give priority to ac- (C) specify existing and potential sources (II) provides for at least semiannual public tions that assist in— of funding or economic development strate- meetings to ensure adequate implementation (i) conserving the significant natural, his- gies to protect, enhance, interpret, fund, of the management plan; toric, cultural, and scenic resources of the manage, and develop the Heritage Area; (iii) the resource protection, enhancement, Heritage Area; and (D) include an inventory of the natural, interpretation, funding, management, and (ii) providing educational, interpretive, historical, cultural, educational, scenic, and development strategies described in the and recreational opportunities consistent recreational resources of the Heritage Area management plan, if implemented, would with the purposes of the Heritage Area. relating to the national importance and adequately protect, enhance, interpret, fund, (3) CONSULTATION AND COORDINATION.—To themes of the Heritage Area that should be manage, and develop the natural, historic, the maximum extent practicable, the head of

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any Federal agency planning to conduct ac- (i) ways in which Federal funding for the (1) DUTIES OF THE LOCAL COORDINATING EN- tivities that may have an impact on the Her- Heritage Area may be reduced or eliminated; TITY.—To further the purposes of the Herit- itage Area is encouraged to consult and co- and age Area, the local coordinating entity ordinate the activities with the Secretary (ii) the appropriate time period necessary shall— and the local coordinating entity. to achieve the recommended reduction or (A) prepare, and submit to the Secretary, (4) OTHER FEDERAL AGENCIES.—Nothing in elimination. in accordance with subsection (d), a manage- this section— (C) SUBMISSION TO CONGRESS.—On comple- ment plan for the Heritage Area; (A) modifies or alters any laws (including tion of the report, the Secretary shall sub- (B) assist units of local government, re- regulations) authorizing a Federal agency to mit the report to— gional planning organizations, and nonprofit manage Federal land under the jurisdiction (i) the Committee on Energy and Natural organizations in implementing the approved of the Federal agency; Resources of the Senate; and management plan by— (B) limits the discretion of a Federal land (ii) the Committee on Natural Resources of (i) carrying out programs and projects that manager to implement an approved land use the House of Representatives. recognize, protect, and enhance important plan within the boundaries of the Heritage (h) AUTHORIZATION OF APPROPRIATIONS.— resource values within the Heritage Area; Area; or (1) IN GENERAL.—There is authorized to be (ii) establishing and maintaining interpre- (C) modifies, alters, or amends any author- appropriated to carry out this section tive exhibits and programs within the Herit- ized use of Federal land under the jurisdic- $10,000,000, of which not more than $1,000,000 age Area; tion of a Federal agency. may be made available for any fiscal year. (iii) developing recreational and edu- (f) PRIVATE PROPERTY AND REGULATORY (2) COST-SHARING REQUIREMENT.— cational opportunities in the Heritage Area; PROTECTIONS.—Nothing in this section— (A) IN GENERAL.—The Federal share of the (iv) increasing public awareness of, and ap- (1) abridges the rights of any owner of pub- total cost of any activity under this section preciation for, natural, historic, scenic, and lic or private property, including the right to shall be not more than 50 percent. cultural resources of the Heritage Area; refrain from participating in any plan, (B) FORM.—The non-Federal contribution (v) protecting and restoring historic sites project, program, or activity conducted may be in the form of in-kind contributions and buildings in the Heritage Area that are within the Heritage Area; of goods or services fairly valued. consistent with the themes of the Heritage (2) requires any property owner to— (i) TERMINATION OF AUTHORITY.—The au- Area; (A) permit public access (including access thority of the Secretary to provide assist- (vi) ensuring that signs identifying points by Federal, State, or local agencies) to the ance under this section terminates on the of public access and sites of interest are property of the property owner; or date that is 15 years after the date of enact- posted throughout the Heritage Area; and (B) modify public access to, or use of, the ment of this Act. (vii) promoting a wide range of partner- property of the property owner under any SEC. 8005. BALTIMORE NATIONAL HERITAGE ships among governments, organizations, other Federal, State, or local law; AREA, MARYLAND. and individuals to further the purposes of (3) alters any duly adopted land use regula- (a) DEFINITIONS.—In this section: the Heritage Area; tion, approved land use plan, or other regu- (1) HERITAGE AREA.—The term ‘‘Heritage (C) consider the interests of diverse units latory authority of any Federal, State, trib- Area’’ means the Baltimore National Herit- of government, businesses, organizations, al, or local agency; age Area, established by subsection (b)(1). and individuals in the Heritage Area in the (4) conveys any land use or other regu- (2) LOCAL COORDINATING ENTITY.—The term preparation and implementation of the man- latory authority to the local coordinating ‘‘local coordinating entity’’ means the local agement plan; entity; coordinating entity for the Heritage Area (D) conduct meetings open to the public at (5) authorizes or implies the reservation or designated by subsection (b)(4). least semiannually regarding the develop- appropriation of water or water rights; (3) MANAGEMENT PLAN.—The term ‘‘man- ment and implementation of the manage- (6) diminishes the authority of the State to agement plan’’ means the management plan ment plan; manage fish and wildlife, including the regu- for the Heritage Area required under sub- (E) submit an annual report to the Sec- lation of fishing and hunting within the Her- section (c)(1)(A). retary for each fiscal year for which the itage Area; or (4) MAP.—The term ‘‘map’’ means the map local coordinating entity receives Federal (7) creates any liability, or affects any li- entitled ‘‘Baltimore National Heritage funds under this section specifying— ability under any other law, of any private Area’’, numbered T10/80,000, and dated Octo- (i) the accomplishments of the local co- property owner with respect to any person ber 2007. ordinating entity; injured on the private property. (5) SECRETARY.—The term ‘‘Secretary’’ (ii) the expenses and income of the local (g) EVALUATION; REPORT.— means the Secretary of the Interior. coordinating entity; (1) IN GENERAL.—Not later than 3 years be- (6) STATE.—The term ‘‘State’’ means the (iii) the amounts and sources of matching fore the date on which authority for Federal State of Maryland. funds; funding terminates for the Heritage Area (b) BALTIMORE NATIONAL HERITAGE AREA.— (iv) the amounts leveraged with Federal under subsection (i), the Secretary shall— (1) ESTABLISHMENT.—There is established funds and sources of the leveraged funds; and (A) conduct an evaluation of the accom- the Baltimore National Heritage Area in the (v) grants made to any other entities dur- plishments of the Heritage Area; and State. ing the fiscal year; (B) prepare a report in accordance with (2) BOUNDARIES.—The Heritage Area shall (F) make available for audit for each fiscal paragraph (3). be comprised of the following areas, as de- year for which the local coordinating entity (2) EVALUATION.—An evaluation conducted scribed on the map: receives Federal funds under this section, all under paragraph (1)(A) shall— (A) The area encompassing the Baltimore information pertaining to the expenditure of (A) assess the progress of the local coordi- City Heritage Area certified by the Maryland the funds and any matching funds; nating entity with respect to— Heritage Areas Authority in October 2001 as (G) require in all agreements authorizing (i) accomplishing the purposes of this sec- part of the Baltimore City Heritage Area expenditures of Federal funds by other orga- tion for the Heritage Area; and Management Action Plan. nizations, that the receiving organizations (ii) achieving the goals and objectives of (B) The Mount Auburn Cemetery. make available for audit all records and the approved management plan for the Herit- (C) The Cylburn Arboretum. other information pertaining to the expendi- age Area; (D) The Middle Branch of the Patapsco ture of the funds; and (B) analyze the Federal, State, local, and River and surrounding shoreline, including— (H) encourage, by appropriate means, eco- private investments in the Heritage Area to (i) the Cruise Maryland Terminal; nomic development that is consistent with determine the leverage and impact of the in- (ii) new marina construction; the purposes of the Heritage Area. vestments; and (iii) the National Aquarium Aquatic Life (2) AUTHORITIES.—The local coordinating (C) review the management structure, Center; entity may, subject to the prior approval of partnership relationships, and funding of the (iv) the Westport Redevelopment; the Secretary, for the purposes of preparing Heritage Area for purposes of identifying the (v) the Gwynns Falls Trail; and implementing the management plan, use critical components for sustainability of the (vi) the Baltimore Rowing Club; and Federal funds made available under this sec- Heritage Area. (vii) the Masonville Cove Environmental tion to— (3) REPORT.— Center. (A) make grants to the State, political sub- (A) IN GENERAL.—Based on the evaluation (3) AVAILABILITY OF MAP.—The map shall divisions of the State, nonprofit organiza- conducted under paragraph (1)(A), the Sec- be on file and available for public inspection tions, and other persons; retary shall prepare a report that includes in the appropriate offices of the National (B) enter into cooperative agreements recommendations for the future role of the Park Service and the Baltimore Heritage with, or provide technical assistance to, the National Park Service, if any, with respect Area Association. State, political subdivisions of the State, to the Heritage Area. (4) LOCAL COORDINATING ENTITY.—The Bal- nonprofit organizations, Federal agencies, (B) REQUIRED ANALYSIS.—If the report pre- timore Heritage Area Association shall be and other interested parties; pared under subparagraph (A) recommends the local coordinating entity for the Herit- (C) hire and compensate staff; that Federal funding for the Heritage Area age Area. (D) obtain funds or services from any be reauthorized, the report shall include an (c) DUTIES AND AUTHORITIES OF LOCAL CO- source, including funds and services provided analysis of— ORDINATING ENTITY.— under any other Federal law or program;

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(E) contract for goods or services; and (A) REVIEW.—Not later than 180 days after (i) conserving the significant natural, his- (F) support activities of partners and any the date on which the Secretary receives the toric, cultural, and scenic resources of the other activities that further the purposes of management plan, the Secretary shall ap- Heritage Area; and the Heritage Area and are consistent with prove or disapprove the management plan. (ii) providing educational, interpretive, the approved management plan. (B) CONSULTATION REQUIRED.—The Sec- and recreational opportunities consistent (3) PROHIBITION ON ACQUISITION OF REAL retary shall consult with the Governor of the with the purposes of the Heritage Area. PROPERTY.—The local coordinating entity State and any tribal government in which (2) EVALUATION; REPORT.— may not use Federal funds received under the Heritage Area is located before approv- (A) IN GENERAL.—Not later than 3 years be- this section to acquire any interest in real ing the management plan. fore the date on which authority for Federal property. (C) CRITERIA FOR APPROVAL.—In deter- funding terminates for the Heritage Area (d) MANAGEMENT PLAN.— mining whether to approve the management under subsection (i), the Secretary shall— (1) IN GENERAL.—Not later than 3 years plan, the Secretary shall consider whether— (i) conduct an evaluation of the accom- after the date on which funds are made avail- (i) the local coordinating entity represents plishments of the Heritage Area; and able to develop the management plan, the the diverse interests of the Heritage Area, (ii) prepare a report with recommendations local coordinating entity shall submit to the including governments, natural and historic for the future role of the National Park Secretary for approval a proposed manage- resource protection organizations, edu- Service, if any, with respect to the Heritage ment plan for the Heritage Area. cational institutions, businesses, community Area, in accordance with subparagraph (C). (2) REQUIREMENTS.—The management plan residents, and recreational organizations; (B) EVALUATION.—An evaluation conducted for the Heritage Area shall— (ii) the local coordinating entity has af- under subparagraph (A)(i) shall— (A) describe comprehensive policies, goals, forded adequate opportunity for public and (i) assess the progress of the local coordi- strategies, and recommendations for telling governmental involvement (including nating entity with respect to— the story of the heritage of the region and through workshops and public meetings) in (I) accomplishing the purposes of this sec- encouraging long-term resource protection, the preparation of the management plan; tion for the Heritage Area; and enhancement, interpretation, funding, man- (iii) the resource protection and interpre- (II) achieving the goals and objectives of agement, and development of the Heritage tation strategies described in the manage- the approved management plan for the Herit- Area; ment plan, if implemented, would adequately age Area; (B) take into consideration existing State, protect the natural, historic, and cultural re- (ii) analyze the Federal, State, local, and county, and local plans in the development sources of the Heritage Area; private investments in the Heritage Area to and implementation of the management (iv) the management plan would not ad- determine the leverage and impact of the in- plan; versely affect any activities authorized on vestments; and (C) include a description of actions and Federal or tribal land under applicable laws (iii) review the management structure, commitments that governments, private or- or land use plans; partnership relationships, and funding of the ganizations, and citizens plan to take to pro- (v) the Secretary has received adequate as- Heritage Area for purposes of identifying the tect, enhance, and interpret the natural, his- surances from the appropriate State, tribal, critical components for sustainability of the toric, scenic, and cultural resources of the and local officials whose support is needed to Heritage Area. Heritage Area; ensure the effective implementation of the (C) REPORT.— (D) specify existing and potential sources State, tribal, and local aspects of the man- (i) IN GENERAL.—Based on the evaluation of funding or economic development strate- agement plan; and conducted under subparagraph (A)(i), the gies to protect, enhance, interpret, fund, (vi) the local coordinating entity has dem- Secretary shall prepare a report that in- manage, and develop the Heritage Area; onstrated the financial capability, in part- cludes recommendations for the future role (E) include an inventory of the natural, nership with others, to carry out the man- of the National Park Service, if any, with re- historic, cultural, educational, scenic, and agement plan. spect to the Heritage Area. recreational resources of the Heritage Area (D) ACTION FOLLOWING DISAPPROVAL.— (ii) REQUIRED ANALYSIS.—If the report pre- relating to the stories and themes of the re- (i) IN GENERAL.—If the Secretary dis- pared under this subparagraph recommends gion that should be protected, enhanced, approves the management plan, the Sec- that Federal funding for the Heritage Area managed, or developed; retary— be reauthorized, the report shall include an (F) recommend policies and strategies for (I) shall advise the local coordinating enti- analysis of— resource management including, the devel- ty in writing of the reasons for the dis- (I) ways in which Federal funding for the opment of intergovernmental and inter- approval; and Heritage Area may be reduced or eliminated; agency agreements to protect the natural, (II) may make recommendations to the and historic, cultural, educational, scenic, and local coordinating entity for revisions to the (II) the appropriate time period necessary recreational resources of the Heritage Area; management plan. to achieve the recommended reduction or (G) describe a program for implementation (ii) DEADLINE.—Not later than 180 days elimination. of the management plan, including— after receiving a revised management plan, (iii) SUBMISSION TO CONGRESS.—On comple- (i) performance goals; the Secretary shall approve or disapprove tion of a report under this subparagraph, the (ii) plans for resource protection, enhance- the revised management plan. Secretary shall submit the report to— ment, and interpretation; and (E) AMENDMENTS.— (I) the Committee on Energy and Natural (iii) specific commitments for implementa- (i) IN GENERAL.—An amendment to the Resources of the Senate; and tion that have been made by the local co- management plan that substantially alters (II) the Committee on Natural Resources of ordinating entity or any government, orga- the purposes of the Heritage Area shall be re- the House of Representatives. nization, business, or individual; viewed by the Secretary and approved or dis- (f) RELATIONSHIP TO OTHER FEDERAL AGEN- (H) include an analysis of, and rec- approved in the same manner as the original CIES.— ommendations for, ways in which Federal, management plan. (1) IN GENERAL.—Nothing in this section af- State, tribal, and local programs may best be (ii) IMPLEMENTATION.—The local coordi- fects the authority of a Federal agency to coordinated (including the role of the Na- nating entity shall not use Federal funds au- provide technical or financial assistance tional Park Service and other Federal agen- thorized to be appropriated by this section to under any other law. cies associated with the Heritage Area) to implement an amendment to the manage- (2) CONSULTATION AND COORDINATION.—To further the purposes of this section; ment plan until the Secretary approves the the maximum extent practicable, the head of (I) include an interpretive plan for the Her- amendment. any Federal agency planning to conduct ac- itage Area; and (e) DUTIES AND AUTHORITIES OF THE SEC- tivities that may have an impact on the Her- (J) include a business plan that— RETARY.— itage Area is encouraged to consult and co- (i) describes the role, operation, financing, (1) TECHNICAL AND FINANCIAL ASSISTANCE.— ordinate the activities with the Secretary and functions of the local coordinating enti- (A) IN GENERAL.—On the request of the and the local coordinating entity. ty and of each of the major activities de- local coordinating entity, the Secretary may (3) OTHER FEDERAL AGENCIES.—Nothing in scribed in the management plan; and provide technical and financial assistance, this section— (ii) provides adequate assurances that the on a reimbursable or nonreimbursable basis (A) modifies, alters, or amends any laws local coordinating entity has the partner- (as determined by the Secretary), to the (including regulations) authorizing a Federal ships and financial and other resources nec- local coordinating entity to develop and im- agency to manage Federal land under the ju- essary to implement the management plan plement the management plan. risdiction of the Federal agency; for the Heritage Area. (B) COOPERATIVE AGREEMENTS.—The Sec- (B) limits the discretion of a Federal land (3) TERMINATION OF FUNDING.—If the man- retary may enter into cooperative agree- manager to implement an approved land use agement plan is not submitted to the Sec- ments with the local coordinating entity and plan within the boundaries of the Heritage retary in accordance with this section, the other public or private entities to provide Area; or local coordinating entity shall not qualify technical or financial assistance under sub- (C) modifies, alters, or amends any author- for additional financial assistance under this paragraph (A). ized use of Federal land under the jurisdic- section until the management plan is sub- (C) PRIORITY.—In assisting the Heritage tion of a Federal agency. mitted to, and approved by, the Secretary. Area, the Secretary shall give priority to ac- (g) PROPERTY OWNERS AND REGULATORY (4) APPROVAL OF MANAGEMENT PLAN.— tions that assist in— PROTECTIONS.—Nothing in this section—

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or (i) proposed in the management plan; tion to— (B) modify any provisions of Federal, trib- (ii) approved by the Secretary in accord- (A) make grants to the States of Massa- al, State, or local law with regard to public ance with subsection (e)(4); and chusetts and New Hampshire, political sub- access or use of private land; (iii) placed on file in accordance with para- divisions of the States, nonprofit organiza- (3) alters any duly adopted land use regula- graph (3). tions, and other persons; tions, approved land use plan, or any other (3) AVAILABILITY OF MAP.—The map shall (B) enter into cooperative agreements regulatory authority of any Federal, State, be on file and available for public inspection with, or provide technical assistance to, the or local agency, or tribal government; in the appropriate offices of the National States of Massachusetts and New Hampshire, (4) conveys any land use or other regu- Park Service and the local coordinating en- political subdivisions of the States, non- latory authority to the local coordinating tity. profit organizations, Federal agencies, and entity; (4) LOCAL COORDINATING ENTITY.—The Free- other interested parties; (5) authorizes or implies the reservation or dom’s Way Heritage Association, Inc., shall (C) hire and compensate staff; appropriation of water or water rights; be the local coordinating entity for the Her- (D) obtain funds or services from any (6) diminishes the authority of the State to itage Area. source, including funds and services provided manage fish and wildlife, including the regu- under any other Federal law or program; lation of fishing and hunting within the Her- (d) DUTIES AND AUTHORITIES OF LOCAL CO- (E) contract for goods or services; and itage Area; or ORDINATING ENTITY.— (F) support activities of partners and any (7) creates any liability, or affects any li- (1) DUTIES OF THE LOCAL COORDINATING EN- other activities that further the purposes of ability under any other law, of any private TITY.—To further the purposes of the Herit- the Heritage Area and are consistent with property owner with respect to any person age Area, the local coordinating entity the approved management plan. injured on the private property. shall— (3) PROHIBITION ON ACQUISITION OF REAL (h) AUTHORIZATION OF APPROPRIATIONS.— (A) prepare, and submit to the Secretary, PROPERTY.—The local coordinating entity (1) IN GENERAL.—There is authorized to be in accordance with subsection (e), a manage- may not use Federal funds received under appropriated to carry out this section ment plan for the Heritage Area; this section to acquire any interest in real $10,000,000, of which not more than $1,000,000 (B) assist units of local government, re- property. may be made available for any fiscal year. gional planning organizations, and nonprofit (4) USE OF FUNDS FOR NON-FEDERAL PROP- (2) COST-SHARING REQUIREMENT.— organizations in implementing the approved ERTY.—The local coordinating entity may (A) IN GENERAL.—The Federal share of the management plan by— use Federal funds made available under this total cost of any activity under this section (i) carrying out programs and projects that section to assist non-Federal property that shall be not more than 50 percent. recognize and protect important resource is— (B) FORM.—The non-Federal contribution— values within the Heritage Area; (A) described in the management plan; or (i) shall be from non-Federal sources; and (ii) establishing and maintaining interpre- (B) listed, or eligible for listing, on the Na- (ii) may be in the form of in-kind contribu- tive exhibits and programs within the Herit- tional Register of Historic Places. tions of goods or services fairly valued. age Area; (e) MANAGEMENT PLAN.— (i) TERMINATION OF EFFECTIVENESS.—The (iii) developing recreational and edu- (1) IN GENERAL.—Not later than 3 years authority of the Secretary to provide assist- cational opportunities in the Heritage Area; after the date on which funds are made avail- ance under this section terminates on the (iv) increasing public awareness of, and ap- able to develop the management plan, the date that is 15 years after the date of enact- preciation for, natural, historic, and cultural local coordinating entity shall submit to the ment of this Act. resources of the Heritage Area; Secretary for approval a proposed manage- SEC. 8006. FREEDOM’S WAY NATIONAL HERITAGE (v) protecting and restoring historic build- ment plan for the Heritage Area. AREA, MASSACHUSETTS AND NEW ings in the Heritage Area that are consistent (2) REQUIREMENTS.—The management plan HAMPSHIRE. with the themes of the Heritage Area; and for the Heritage Area shall— (a) PURPOSES.—The purposes of this section (vi) ensuring that signs identifying points (A) describe comprehensive policies, goals, are— of public access and sites of interest are strategies, and recommendations for the con- (1) to foster a close working relationship posted throughout the Heritage Area; servation, funding, management, and devel- between the Secretary and all levels of gov- (C) consider the interests of diverse units opment of the Heritage Area; ernment, the private sector, and local com- of government, businesses, organizations, (B) take into consideration existing State, munities in the States of Massachusetts and and individuals in the Heritage Area in the county, and local plans in the development New Hampshire; preparation and implementation of the man- and implementation of the management (2) to assist the entities described in para- agement plan; plan; graph (1) to preserve the special historic (D) conduct meetings open to the public at (C) provide a framework for coordination identity of the Heritage Area; and least quarterly regarding the development of the plans considered under subparagraph (3) to manage, preserve, protect, and inter- and implementation of the management (B) to present a unified historic preservation pret the cultural, historic, and natural re- plan; and interpretation plan; sources of the Heritage Area for the edu- (E) submit an annual report to the Sec- (D) contain the contributions of residents, cational and inspirational benefit of future retary for each fiscal year for which the public agencies, and private organizations generations. local coordinating entity receives Federal within the Heritage Area; (b) DEFINITIONS.—In this section: funds under this section specifying— (E) include a description of actions and (1) HERITAGE AREA.—The term ‘‘Heritage (i) the accomplishments of the local co- commitments that governments, private or- Area’’ means the Freedom’s Way National ordinating entity; ganizations, and citizens plan to take to pro- Heritage Area established by subsection (ii) the expenses and income of the local tect, enhance, and interpret the natural, his- (c)(1). coordinating entity; toric, scenic, and cultural resources of the (2) LOCAL COORDINATING ENTITY.—The term (iii) the amounts and sources of matching Heritage Area; ‘‘local coordinating entity’’ means the local funds; (F) specify existing and potential sources coordinating entity for the Heritage Area (iv) the amounts leveraged with Federal of funding or economic development strate- designated by subsection (c)(4). funds and sources of the leveraged funds; and gies to conserve, manage, and develop the (3) MANAGEMENT PLAN.—The term ‘‘man- (v) grants made to any other entities dur- Heritage Area; agement plan’’ means the management plan ing the fiscal year; (G) include an inventory of the natural, for the Heritage Area required under sub- (F) make available for audit for each fiscal historic, and recreational resources of the section (d)(1)(A). year for which the local coordinating entity Heritage Area, including a list of properties (4) MAP.—The term ‘‘map’’ means the map receives Federal funds under this section, all that— entitled ‘‘Freedom’s Way National Heritage information pertaining to the expenditure of (i) are related to the themes of the Herit- Area’’, numbered T04/80,000, and dated July the funds and any matching funds; age Area; and 2007. (G) require in all agreements authorizing (ii) should be conserved, restored, man- (5) SECRETARY.—The term ‘‘Secretary’’ expenditures of Federal funds by other orga- aged, developed, or maintained; means the Secretary of the Interior. nizations, that the receiving organizations (H) recommend policies and strategies for (c) ESTABLISHMENT.— make available for audit all records and resource management that— (1) IN GENERAL.—There is established the other information pertaining to the expendi- (i) apply appropriate land and water man- Freedom’s Way National Heritage Area in ture of the funds; and agement techniques;

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(ii) include the development of intergov- (ii) DEADLINE.—Not later than 180 days (II) the appropriate time period necessary ernmental and interagency agreements to after receiving a revised management plan, to achieve the recommended reduction or protect the natural, historic, and cultural re- the Secretary shall approve or disapprove elimination. sources of the Heritage Area; and the revised management plan. (iii) SUBMISSION TO CONGRESS.—On comple- (iii) support economic revitalization ef- (D) AMENDMENTS.— tion of a report under this subparagraph, the forts; (i) IN GENERAL.—An amendment to the Secretary shall submit the report to— (I) describe a program for implementation management plan that substantially alters (I) the Committee on Energy and Natural of the management plan, including— the purposes of the Heritage Area shall be re- Resources of the Senate; and (i) restoration and construction plans or viewed by the Secretary and approved or dis- (II) the Committee on Natural Resources of goals; approved in the same manner as the original the House of Representatives. (ii) a program of public involvement; management plan. (g) RELATIONSHIP TO OTHER FEDERAL AGEN- CIES.— (iii) annual work plans; and (ii) IMPLEMENTATION.—The local coordi- (iv) annual reports; nating entity shall not use Federal funds au- (1) IN GENERAL.—Nothing in this section af- (J) include an analysis of, and rec- thorized to be appropriated by this section to fects the authority of a Federal agency to provide technical or financial assistance ommendations for, ways in which Federal, implement an amendment to the manage- under any other law. State, tribal, and local programs may best be ment plan until the Secretary approves the (2) CONSULTATION AND COORDINATION.—To coordinated (including the role of the Na- amendment. the maximum extent practicable, the head of tional Park Service and other Federal agen- (f) DUTIES AND AUTHORITIES OF THE SEC- any Federal agency planning to conduct ac- cies associated with the Heritage Area) to RETARY.— tivities that may have an impact on the Her- further the purposes of this section; (1) TECHNICAL AND FINANCIAL ASSISTANCE.— itage Area is encouraged to consult and co- (K) include an interpretive plan for the (A) IN GENERAL.—On the request of the ordinate the activities with the Secretary Heritage Area; and local coordinating entity, the Secretary may and the local coordinating entity. (L) include a business plan that— provide technical and financial assistance, (3) OTHER FEDERAL AGENCIES.—Nothing in (i) describes the role, operation, financing, on a reimbursable or nonreimbursable basis this section— and functions of the local coordinating enti- (as determined by the Secretary), to the (A) modifies, alters, or amends any laws ty and of each of the major activities de- local coordinating entity to develop and im- (including regulations) authorizing a Federal scribed in the management plan; and plement the management plan. agency to manage Federal land under the ju- (ii) provides adequate assurances that the (B) COOPERATIVE AGREEMENTS.—The Sec- risdiction of the Federal agency; local coordinating entity has the partner- (B) limits the discretion of a Federal land ships and financial and other resources nec- retary may enter into cooperative agree- ments with the local coordinating entity and manager to implement an approved land use essary to implement the management plan plan within the boundaries of the Heritage for the Heritage Area. other public or private entities to provide technical or financial assistance under sub- Area; or (3) TERMINATION OF FUNDING.—If the man- (C) modifies, alters, or amends any author- agement plan is not submitted to the Sec- paragraph (A). (C) PRIORITY.—In assisting the Heritage ized use of Federal land under the jurisdic- retary in accordance with this section, the tion of a Federal agency. local coordinating entity shall not qualify Area, the Secretary shall give priority to ac- tions that assist in— (h) PROPERTY OWNERS AND REGULATORY for additional financial assistance under this PROTECTIONS.—Nothing in this section— section until the management plan is sub- (i) conserving the significant natural, his- toric, and cultural resources of the Heritage (1) abridges the rights of any owner of pub- mitted to, and approved by, the Secretary. lic or private property, including the right to (4) APPROVAL OF MANAGEMENT PLAN.— Area; and (ii) providing educational, interpretive, refrain from participating in any plan, (A) REVIEW.—Not later than 180 days after project, program, or activity conducted the date on which the Secretary receives the and recreational opportunities consistent with the purposes of the Heritage Area. within the Heritage Area; management plan, the Secretary shall ap- (2) requires any property owner to— (2) EVALUATION; REPORT.— prove or disapprove the management plan. (A) permit public access (including Fed- (A) IN GENERAL.—Not later than 3 years be- (B) CRITERIA FOR APPROVAL.—In deter- eral, tribal, State, or local government ac- fore the date on which authority for Federal mining whether to approve the management cess) to the property; or funding terminates for the Heritage Area plan, the Secretary shall consider whether— (B) modify any provisions of Federal, trib- under subsection (j), the Secretary shall— (i) the local coordinating entity represents al, State, or local law with regard to public (i) conduct an evaluation of the accom- the diverse interests of the Heritage Area, access or use of private land; plishments of the Heritage Area; and including governments, natural and historic (3) alters any duly adopted land use regula- (ii) prepare a report with recommendations resource protection organizations, edu- tions, approved land use plan, or any other for the future role of the National Park cational institutions, businesses, community regulatory authority of any Federal, State, Service, if any, with respect to the Heritage residents, and recreational organizations; or local agency, or tribal government; (ii) the local coordinating entity has af- Area, in accordance with subparagraph (C). (4) conveys any land use or other regu- forded adequate opportunity for public and (B) EVALUATION.—An evaluation conducted latory authority to the local coordinating governmental involvement (including under subparagraph (A)(i) shall— entity; through workshops and public meetings) in (i) assess the progress of the local coordi- (5) authorizes or implies the reservation or the preparation of the management plan; nating entity with respect to— appropriation of water or water rights; (iii) the resource protection and interpre- (I) accomplishing the purposes of this sec- (6) diminishes the authority of the States tation strategies described in the manage- tion for the Heritage Area; and of Massachusetts and New Hampshire to ment plan, if implemented, would adequately (II) achieving the goals and objectives of manage fish and wildlife, including the regu- protect the natural, historic, and cultural re- the approved management plan for the Herit- lation of fishing and hunting within the Her- sources of the Heritage Area; age Area; itage Area; or (iv) the management plan would not ad- (ii) analyze the Federal, State, local, and (7) creates any liability, or affects any li- versely affect any activities authorized on private investments in the Heritage Area to ability under any other law, of any private Federal or tribal land under applicable laws determine the leverage and impact of the in- property owner with respect to any person or land use plans; vestments; and injured on the private property. (v) the Secretary has received adequate as- (iii) review the management structure, (i) AUTHORIZATION OF APPROPRIATIONS.— surances from the appropriate State, tribal, partnership relationships, and funding of the (1) IN GENERAL.—There is authorized to be and local officials whose support is needed to Heritage Area for purposes of identifying the appropriated to carry out this section ensure the effective implementation of the critical components for sustainability of the $10,000,000, of which not more than $1,000,000 State, tribal, and local aspects of the man- Heritage Area. may be made available for any fiscal year. agement plan; and (C) REPORT.— (2) AVAILABILITY.—Funds made available (vi) the local coordinating entity has dem- (i) IN GENERAL.—Based on the evaluation under paragraph (1) shall remain available onstrated the financial capability, in part- conducted under subparagraph (A)(i), the until expended. nership with others, to carry out the man- Secretary shall prepare a report that in- (3) COST-SHARING REQUIREMENT.— agement plan. cludes recommendations for the future role (A) IN GENERAL.—The Federal share of the (C) ACTION FOLLOWING DISAPPROVAL.— of the National Park Service, if any, with re- total cost of any activity under this section (i) IN GENERAL.—If the Secretary dis- spect to the Heritage Area. shall be not more than 50 percent. approves the management plan, the Sec- (ii) REQUIRED ANALYSIS.—If the report pre- (B) FORM.—The non-Federal contribution retary— pared under this subparagraph recommends may be in the form of in-kind contributions (I) shall advise the local coordinating enti- that Federal funding for the Heritage Area of goods or services fairly valued. ty in writing of the reasons for the dis- be reauthorized, the report shall include an (j) TERMINATION OF FINANCIAL ASSIST- approval; and analysis of— ANCE.—The authority of the Secretary to (II) may make recommendations to the (I) ways in which Federal funding for the provide financial assistance under this sec- local coordinating entity for revisions to the Heritage Area may be reduced or eliminated; tion terminates on the date that is 15 years management plan. and after the date of enactment of this Act.

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SEC. 8007. MISSISSIPPI HILLS NATIONAL HERIT- (ii) COMPOSITION.—Members of the Board of (D) obtain funds or services from any AGE AREA. Directors shall consist of— source, including funds and services provided (a) DEFINITIONS.—In this section: (I) not more than 1 representative from under any other Federal law or program; and (1) HERITAGE AREA.—The term ‘‘Heritage each of the counties described in paragraph (E) contract for goods or services. Area’’ means the Mississippi Hills National (2)(A); and (3) PROHIBITION ON ACQUISITION OF REAL Heritage Area established by subsection (II) any ex-officio members that may be PROPERTY.—The local coordinating entity (b)(1). appointed by the Board of Directors, as the may not use Federal funds received under (2) LOCAL COORDINATING ENTITY.—The term Board of Directors determines to be nec- this section to acquire any interest in real ‘‘local coordinating entity’’ means the local essary. property. coordinating entity for Heritage Area des- (c) DUTIES AND AUTHORITIES OF LOCAL CO- (d) MANAGEMENT PLAN.— ignated by subsection (b)(3)(A). ORDINATING ENTITY.— (1) IN GENERAL.—Not later than 3 years (3) MANAGEMENT PLAN.—The term ‘‘man- (1) DUTIES OF THE LOCAL COORDINATING EN- after the date on which funds are made avail- agement plan’’ means the management plan able to develop the management plan, the TITY.—To further the purposes of the Herit- for the Heritage Area required under sub- local coordinating entity shall submit to the section (c)(1)(A). age Area, the local coordinating entity shall— Secretary for approval a proposed manage- (4) SECRETARY.—The term ‘‘Secretary’’ ment plan for the Heritage Area. means the Secretary of the Interior. (A) prepare, and submit to the Secretary, in accordance with subsection (d), a manage- (2) REQUIREMENTS.—The management plan (5) STATE.—The term ‘‘State’’ means the ment plan for the Heritage Area; for the Heritage Area shall— State of Mississippi. (A) provide recommendations for the pres- (B) assist units of local government, re- (b) MISSISSIPPI HILLS NATIONAL HERITAGE ervation, conservation, enhancement, fund- gional planning organizations, and nonprofit AREA.— ing, management, interpretation, develop- organizations in implementing the approved (1) ESTABLISHMENT.—There is established ment, and promotion of the cultural, histor- management plan by— the Mississippi Hills National Heritage Area ical, archaeological, natural, and rec- (i) establishing and maintaining interpre- in the State. reational resources of the Heritage Area; tive exhibits and programs within the Herit- (2) BOUNDARIES.— (B) specify existing and potential sources age Area; (A) AFFECTED COUNTIES.—The Heritage of funding or economic development strate- (ii) developing recreational opportunities Area shall consist of all, or portions of, as gies to protect, enhance, interpret, fund, in the Heritage Area; specified by the boundary description in sub- manage, and develop the Heritage Area; (iii) increasing public awareness of, and ap- paragraph (B), Alcorn, Attala, Benton, Cal- (C) include— houn, Carroll, Chickasaw, Choctaw, Clay, preciation for, natural, historical, cultural, (i) an inventory of the natural, historical, DeSoto, Grenada, Holmes, Itawamba, Lafay- archaeological, and recreational resources of cultural, archaeological, and recreational re- ette, Lee, Lowndes, Marshall, Monroe, Mont- the Heritage Area; sources of the Heritage Area; and gomery, Noxubee, Oktibbeha, Panola, (iv) restoring historic sites and buildings (ii) an analysis of how Federal, State, trib- Pontotoc, Prentiss, Tate, Tippah, in the Heritage Area that are consistent al, and local programs may best be coordi- Tishomingo, Union, Webster, Winston, and with the themes of the Heritage Area; and nated to promote and carry out this section; Yalobusha Counties in the State. (v) carrying out any other activity that (D) provide recommendations for edu- (B) BOUNDARY DESCRIPTION.—The Heritage the local coordinating entity determines to cational and interpretive programs to pro- Area shall have the following boundary de- be consistent with this section; vide information to the public on the re- scription: (C) conduct meetings open to the public at sources of the Heritage Area; and (i) traveling counterclockwise, the Herit- least annually regarding the development (E) involve residents of affected commu- age Area shall be bounded to the west by and implementation of the management nities and tribal and local governments. U.S. Highway 51 from the Tennessee State plan; (3) TERMINATION OF FUNDING.—If the man- line until it intersects Interstate 55 (at (D) submit an annual report to the Sec- agement plan is not submitted to the Sec- Geeslin Corner approximately 1⁄2 mile due retary for each fiscal year for which the retary in accordance with this subsection, north of Highway Interchange 208); local coordinating entity receives Federal the local coordinating entity shall not qual- (ii) from this point, Interstate 55 shall be funds under this section specifying— ify for additional financial assistance under the western boundary until it intersects with (i) the accomplishments of the local co- this section until the management plan is Mississippi Highway 12 at Highway Inter- ordinating entity; submitted to, and approved by, the Sec- change 156, the intersection of which shall be (ii) the expenses and income of the local retary. the southwest terminus of the Heritage coordinating entity; (4) APPROVAL OF MANAGEMENT PLAN.— Area; (iii) the amounts and sources of matching (A) REVIEW.—Not later than 180 days after (iii) from the southwest terminus, the funds; the date on which the Secretary receives the boundary shall— (iv) the amounts leveraged with Federal management plan, the Secretary shall ap- (I) extend east along Mississippi Highway funds and sources of the leveraged funds; and prove or disapprove the management plan. 12 until it intersects U.S. Highway 51; (v) grants made to any other entities dur- (B) CONSULTATION REQUIRED.—The Sec- (II) follow Highway 51 south until it is ing the fiscal year; retary shall consult with the Governor of the intersected again by Highway 12; (E) make available for audit for each fiscal State and any tribal government in which (III) extend along Highway 12 into down- year for which the local coordinating entity the Heritage Area is located before approv- town Kosciusko where it intersects Mis- receives Federal funds under this section, all ing the management plan. sissippi Highway 35; information pertaining to the expenditure of (C) CRITERIA FOR APPROVAL.—In deter- (IV) follow Highway 35 south until it is the funds and any matching funds; mining whether to approve the management intersected by Mississippi Highway 14; and (F) require in all agreements authorizing plan, the Secretary shall consider whether— (V) extend along Highway 14 until it expenditures of Federal funds by other orga- (i) the local coordinating entity represents reaches the Alabama State line, the intersec- nizations, that the receiving organizations the diverse interests of the Heritage Area, tion of which shall be the southeast ter- make available for audit all records and including governments, natural and histor- minus of the Heritage Area; other information pertaining to the expendi- ical resource protection organizations, edu- (iv) from the southeast terminus, the ture of the funds; and cational institutions, businesses, community boundary of the Heritage Area shall follow (G) ensure that each county included in residents, and recreational organizations; the Mississippi-Alabama State line until it the Heritage Area is appropriately rep- (ii) the local coordinating entity has af- reaches the Mississippi-Tennessee State line, resented on any oversight advisory com- forded adequate opportunity for public and the intersection of which shall be the north- mittee established under this section to co- governmental involvement (including east terminus of the Heritage Area; and ordinate the Heritage Area. through workshops and public meetings) in (v) the boundary shall extend due west (2) AUTHORITIES.—The local coordinating the preparation of the management plan; until it reaches U.S. Highway 51, the inter- entity may, subject to the prior approval of (iii) the resource protection and interpre- section of which shall be the northwest ter- the Secretary, for the purposes of preparing tation strategies described in the manage- minus of the Heritage Area. and implementing the management plan, use ment plan, if implemented, would adequately (3) LOCAL COORDINATING ENTITY.— Federal funds made available under this sec- protect the natural, historical, cultural, ar- (A) IN GENERAL.—The local coordinating tion to— chaeological, and recreational resources of entity for the Heritage Area shall be the (A) make grants and loans to the State, po- the Heritage Area; Mississippi Hills Heritage Area Alliance, a litical subdivisions of the State, nonprofit (iv) the management plan would not ad- nonprofit organization registered by the organizations, and other persons; versely affect any activities authorized on State, with the cooperation and support of (B) enter into cooperative agreements Federal or tribal land under applicable laws the University of Mississippi. with, or provide technical assistance to, the or land use plans; (B) BOARD OF DIRECTORS.— State, political subdivisions of the State, (v) the Secretary has received adequate as- (i) IN GENERAL.—The local coordinating en- nonprofit organizations, and other organiza- surances from the appropriate State, tribal, tity shall be governed by a Board of Direc- tions; and local officials whose support is needed to tors comprised of not more than 30 members. (C) hire and compensate staff; ensure the effective implementation of the

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(vi) the local coordinating entity has dem- (iii) review the management structure, (2) NO EFFECT ON INDIAN TRIBES.—Nothing onstrated the financial capability, in part- partnership relationships, and funding of the in this section— nership with others, to carry out the man- Heritage Area for purposes of identifying the (A) restricts an Indian tribe from pro- agement plan. critical components for sustainability of the tecting cultural or religious sites on tribal (D) ACTION FOLLOWING DISAPPROVAL.— Heritage Area. land; or (i) IN GENERAL.—If the Secretary dis- (C) REPORT.— (B) diminishes the trust responsibilities or approves the management plan, the Sec- (i) IN GENERAL.—Based on the evaluation government-to-government obligations of retary— conducted under subparagraph (A)(i), the the United States to any Indian tribe recog- (I) shall advise the local coordinating enti- Secretary shall prepare a report that in- nized by the Federal Government. ty in writing of the reasons for the dis- cludes recommendations for the future role (h) AUTHORIZATION OF APPROPRIATIONS.— approval; and of the National Park Service, if any, with re- (1) IN GENERAL.—There is authorized to be (II) may make recommendations to the spect to the Heritage Area. appropriated to carry out this section local coordinating entity for revisions to the (ii) REQUIRED ANALYSIS.—If the report pre- $10,000,000, of which not more than $1,000,000 management plan. pared under this subparagraph recommends may be made available for any fiscal year. (ii) DEADLINE.—Not later than 180 days that Federal funding for the Heritage Area (2) AVAILABILITY.—Amounts made avail- after receiving a revised management plan, be reauthorized, the report shall include an able under paragraph (1) shall remain avail- the Secretary shall approve or disapprove analysis of— able until expended. the revised management plan. (I) ways in which Federal funding for the (3) COST-SHARING REQUIREMENT.— (E) REVIEW; AMENDMENTS.— Heritage Area may be reduced or eliminated; (A) IN GENERAL.—The Federal share of the (i) IN GENERAL.—After approval by the Sec- and total cost of any activity under this section retary of the management plan, the Alliance (II) the appropriate time period necessary shall be not more than 50 percent. shall periodically— to achieve the recommended reduction or (B) FORM.—The non-Federal contribution— (I) review the management plan; and elimination. (i) shall be from non-Federal sources; and (II) submit to the Secretary, for review and (iii) SUBMISSION TO CONGRESS.—On comple- (ii) may be in the form of in-kind contribu- approval by the Secretary, any recommenda- tion of a report under this subparagraph, the tions of goods or services fairly valued. (i) TERMINATION OF FINANCIAL ASSIST- tions for revisions to the management plan. Secretary shall submit the report to— ANCE.—The authority of the Secretary to (ii) IN GENERAL.—An amendment to the (I) the Committee on Energy and Natural provide financial assistance under this sec- management plan that substantially alters Resources of the Senate; and (II) the Committee on Natural Resources of tion terminates on the date that is 15 years the purposes of the Heritage Area shall be re- after the date of enactment of this Act. viewed by the Secretary and approved or dis- the House of Representatives. (f) RELATIONSHIP TO OTHER FEDERAL AGEN- SEC. 8008. MISSISSIPPI DELTA NATIONAL HERIT- approved in the same manner as the original CIES.— AGE AREA. management plan. (1) IN GENERAL.—Nothing in this section af- (a) DEFINITIONS.—In this section: (iii) IMPLEMENTATION.—The local coordi- fects the authority of a Federal agency to (1) BOARD.—The term ‘‘Board’’ means the nating entity shall not use Federal funds au- provide technical or financial assistance Board of Directors of the local coordinating thorized to be appropriated by this section to under any other law. entity. implement an amendment to the manage- (2) CONSULTATION AND COORDINATION.—To (2) HERITAGE AREA.—The term ‘‘Heritage ment plan until the Secretary approves the the maximum extent practicable, the head of Area’’ means the Mississippi Delta National amendment. any Federal agency planning to conduct ac- Heritage Area established by subsection (e) DUTIES AND AUTHORITIES OF THE SEC- tivities that may have an impact on the Her- (b)(1). RETARY.— itage Area is encouraged to consult and co- (3) LOCAL COORDINATING ENTITY.—The term (1) TECHNICAL AND FINANCIAL ASSISTANCE.— ordinate the activities with the Secretary ‘‘local coordinating entity’’ means the local (A) IN GENERAL.—On the request of the and the local coordinating entity. coordinating entity for the Heritage Area local coordinating entity, the Secretary may (3) OTHER FEDERAL AGENCIES.—Nothing in designated by subsection (b)(4)(A). provide technical and financial assistance, this section— (4) MANAGEMENT PLAN.—The term ‘‘man- on a reimbursable or nonreimbursable basis (A) modifies, alters, or amends any laws agement plan’’ means the management plan (as determined by the Secretary), to the (including regulations) authorizing a Federal for the Heritage Area developed under sub- local coordinating entity to develop and im- agency to manage Federal land under the ju- section (d). plement the management plan. risdiction of the Federal agency; (5) MAP.—The term ‘‘map’’ means the map (B) COOPERATIVE AGREEMENTS.—The Sec- (B) limits the discretion of a Federal land entitled ‘‘Mississippi Delta National Herit- retary may enter into cooperative agree- manager to implement an approved land use age Area’’, numbered T13/80,000, and dated ments with the local coordinating entity and plan within the boundaries of the Heritage April 2008. other public or private entities to provide Area; or (6) SECRETARY.—The term ‘‘Secretary’’ technical or financial assistance under sub- (C) modifies, alters, or amends any author- means the Secretary of the Interior. paragraph (A). ized use of Federal land under the jurisdic- (7) STATE.—The term ‘‘State’’ means the (C) PRIORITY.—In assisting the Heritage tion of a Federal agency. State of Mississippi. Area, the Secretary shall give priority to ac- (g) EFFECT.— (b) ESTABLISHMENT.— tions that assist in— (1) PROPERTY OWNERS AND REGULATORY PRO- (1) ESTABLISHMENT.—There is established (i) conserving the significant natural, his- TECTIONS.—Nothing in this section— in the State the Mississippi Delta National torical, cultural, archaeological, and rec- (A) abridges the rights of any owner of Heritage Area. reational resources of the Heritage Area; and public or private property, including the (2) BOUNDARIES.—The Heritage Area shall (ii) providing educational, interpretive, right to refrain from participating in any include all counties in the State that con- and recreational opportunities consistent plan, project, program, or activity conducted tain land located in the alluvial floodplain of with the purposes of the Heritage Area. within the Heritage Area; the Mississippi Delta, including Bolivar, Car- (2) EVALUATION; REPORT.— (B) requires any property owner to— roll, Coahoma, Desoto, Holmes, Humphreys, (A) IN GENERAL.—Not later than 3 years be- (i) permit public access (including Federal, Issaquena, Leflore, Panola, Quitman, fore the date on which authority for Federal tribal, State, or local government access) to Sharkey, Sunflower, Tallahatchie, Tate, funding terminates for the Heritage Area the property; or Tunica, Warren, Washington, and Yazoo under subsection (i), the Secretary shall— (ii) modify any provisions of Federal, trib- Counties in the State, as depicted on the (i) conduct an evaluation of the accom- al, State, or local law with regard to public map. plishments of the Heritage Area; and access or use of private land; (3) AVAILABILITY OF MAP.—The map shall (ii) prepare a report with recommendations (C) alters any duly adopted land use regu- be on file and available for public inspection for the future role of the National Park lations, approved land use plan, or any other in the office of the Director of the National Service, if any, with respect to the Heritage regulatory authority of any Federal, State, Park Service. Area, in accordance with subparagraph (C). or local agency, or tribal government; (4) LOCAL COORDINATING ENTITY.— (B) EVALUATION.—An evaluation conducted (D) conveys any land use or other regu- (A) DESIGNATION.—The Mississippi Delta under subparagraph (A)(i) shall— latory authority to the local coordinating National Heritage Area Partnership shall be (i) assess the progress of the local coordi- entity; the local coordinating entity for the Herit- nating entity with respect to— (E) authorizes or implies the reservation or age Area. (I) accomplishing the purposes of this sec- appropriation of water or water rights; (B) BOARD OF DIRECTORS.— tion for the Heritage Area; and (F) diminishes the authority of the State (i) COMPOSITION.— (II) achieving the goals and objectives of to manage fish and wildlife, including the (I) IN GENERAL.—The local coordinating en- the approved management plan for the Herit- regulation of fishing and hunting within the tity shall be governed by a Board of Direc- age Area; Heritage Area; or tors composed of 15 members, of whom— (ii) analyze the Federal, State, local, and (G) creates any liability, or affects any li- (aa) 1 member shall be appointed by Delta private investments in the Heritage Area to ability under any other law, of any private State University;

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(bb) 1 member shall be appointed by Mis- (i) carrying out programs and projects that (1) IN GENERAL.—Not later than 3 years sissippi Valley State University; recognize, protect, and enhance important after the date on which funds are made avail- (cc) 1 member shall be appointed by Alcorn resource values within the Heritage Area; able to develop the management plan, the State University; (ii) establishing and maintaining interpre- local coordinating entity shall submit to the (dd) 1 member shall be appointed by the tive exhibits and programs within the Herit- Secretary for approval a proposed manage- Delta Foundation; age Area; ment plan for the Heritage Area. (ee) 1 member shall be appointed by the (iii) developing recreational and edu- (2) REQUIREMENTS.—The management plan Smith Robertson Museum; cational opportunities in the Heritage Area; for the Heritage Area shall— (ff) 1 member shall be appointed from the (iv) increasing public awareness of, and ap- (A) describe comprehensive policies, goals, office of the Governor of the State; preciation for, natural, historic, scenic, and strategies, and recommendations for telling (gg) 1 member shall be appointed by Delta cultural resources of the Heritage Area; the story of the heritage of the region and Council; (v) protecting and restoring historic sites encouraging long-term resource protection, (hh) 1 member shall be appointed from the and buildings in the Heritage Area that are enhancement, interpretation, funding, man- Mississippi Arts Commission; consistent with the themes of the Heritage agement, and development of the Heritage (ii) 1 member shall be appointed from the Area; Area; Mississippi Department of Archives and His- (vi) ensuring that signs identifying points (B) take into consideration existing State, tory; of public access and sites of interest are county, and local plans in the development (jj) 1 member shall be appointed from the posted throughout the Heritage Area; and and implementation of the management (vii) promoting a wide range of partner- Mississippi Humanities Council; and plan; ships among governments, organizations, (kk) up to 5 additional members shall be (C) include a description of actions and and individuals to further the purposes of appointed for staggered 1- and 2-year terms commitments that governments, private or- the Heritage Area; by County boards in the Heritage Area. ganizations, and citizens plan to take to pro- (C) consider the interests of diverse units (II) RESIDENCY REQUIREMENTS.—At least 7 tect, enhance, and interpret the cultural, of government, businesses, organizations, historical, archaeological, natural, and rec- members of the Board shall reside in the and individuals in the Heritage Area in the reational resources of the Heritage Area; Heritage Area. preparation and implementation of the man- (ii) OFFICERS.— agement plan; (D) specify existing and potential sources (I) IN GENERAL.—At the initial meeting of (D) conduct meetings open to the public at of funding or economic development strate- the Board, the members of the Board shall least semiannually regarding the develop- gies to protect, enhance, interpret, fund, appoint a Chairperson, Vice Chairperson, and ment and implementation of the manage- manage, and develop the Heritage Area; Secretary/Treasurer. ment plan; (E) include an inventory of the cultural, (II) DUTIES.— (E) submit an annual report to the Sec- historical, archaeological, natural, and rec- (aa) CHAIRPERSON.—The duties of the retary for each fiscal year for which the reational resources of the Heritage Area re- Chairperson shall include— local coordinating entity receives Federal lating to the stories and themes of the re- (AA) presiding over meetings of the Board; funds under this section specifying— gion that should be protected, enhanced, (BB) executing documents of the Board; (i) the accomplishments of the local co- managed, or developed; and ordinating entity; (F) recommend policies and strategies for (CC) coordinating activities of the Herit- (ii) the expenses and income of the local resource management including, the devel- age Area with Federal, State, local, and non- coordinating entity; opment of intergovernmental and inter- governmental officials. (iii) the amounts and sources of matching agency agreements to protect the natural, (bb) VICE CHAIRPERSON.—The Vice Chair- funds; historic, cultural, educational, scenic, and person shall act as Chairperson in the ab- (iv) the amounts leveraged with Federal recreational resources of the Heritage Area; sence or disability of the Chairperson. funds and sources of the leveraged funds; and (G) describe a program for implementation (iii) MANAGEMENT AUTHORITY.— (v) grants made to any other entities dur- of the management plan, including— (I) IN GENERAL.—The Board shall— ing the fiscal year; (i) performance goals; (aa) exercise all corporate powers of the (F) make available for audit for each fiscal (ii) plans for resource protection, enhance- local coordinating entity; year for which the local coordinating entity ment, and interpretation; and (bb) manage the activities and affairs of receives Federal funds under this section, all (iii) specific commitments for implementa- the local coordinating entity; and information pertaining to the expenditure of tion that have been made by the local co- (cc) subject to any limitations in the arti- the funds and any matching funds; ordinating entity or any government, orga- cles and bylaws of the local coordinating en- (G) require in all agreements authorizing nization, business, or individual; tity, this section, and any other applicable expenditures of Federal funds by other orga- (H) include an analysis of, and rec- Federal or State law, establish the policies nizations, that the receiving organizations ommendations for, ways in which Federal, of the local coordinating entity. make available for audit all records and State, tribal, and local programs may best be coordinated (including the role of the Na- (II) STAFF.—The Board shall have the au- other information pertaining to the expendi- thority to employ any services and staff that ture of the funds; and tional Park Service and other Federal agen- are determined to be necessary by a majority (H) encourage, by appropriate means, eco- cies associated with the Heritage Area) to further the purposes of this section; vote of the Board. nomic development that is consistent with (I) include an interpretive plan for the Her- (iv) BYLAWS.— the purposes of the Heritage Area. (2) AUTHORITIES.—The local coordinating itage Area; and (I) IN GENERAL.—The Board may amend or (J) include a business plan that— repeal the bylaws of the local coordinating entity may, subject to the prior approval of (i) describes the role, operation, financing, entity at any meeting of the Board by a ma- the Secretary, for the purposes of preparing and functions of the local coordinating enti- jority vote of the Board. and implementing the management plan, use Federal funds made available under this sec- ty and of each of the major activities de- (II) NOTICE.—The Board shall provide no- scribed in the management plan; and tice of any meeting of the Board at which an tion to— (ii) provides adequate assurances that the amendment to the bylaws is to be considered (A) make grants to the State, political sub- local coordinating entity has the partner- that includes the text or a summary of the divisions of the State, nonprofit organiza- ships and financial and other resources nec- proposed amendment. tions, and other persons; (B) enter into cooperative agreements essary to implement the management plan (v) MINUTES.—Not later than 60 days after for the Heritage Area. a meeting of the Board, the Board shall dis- with, or provide technical assistance to, the (3) TERMINATION OF FUNDING.—If the man- tribute the minutes of the meeting among State, political subdivisions of the State, agement plan is not submitted to the Sec- all Board members and the county super- nonprofit organizations, Federal agencies, retary in accordance with this subsection, visors in each county within the Heritage and other interested parties; the local coordinating entity shall not qual- Area. (C) hire and compensate staff; (D) obtain funds or services from any ify for additional financial assistance under (c) DUTIES AND AUTHORITIES OF LOCAL CO- source, including funds and services provided this section until the management plan is ORDINATING ENTITY.— under any other Federal law or program; submitted to, and approved by, the Sec- (1) DUTIES OF THE LOCAL COORDINATING EN- (E) contract for goods or services; and retary. TITY.—To further the purposes of the Herit- (F) support activities of partners and any (4) APPROVAL OF MANAGEMENT PLAN.— age Area, the local coordinating entity other activities that further the purposes of (A) REVIEW.—Not later than 180 days after shall— the Heritage Area and are consistent with the date on which the Secretary receives the (A) prepare, and submit to the Secretary, the approved management plan. management plan, the Secretary shall ap- in accordance with subsection (d), a manage- (3) PROHIBITION ON ACQUISITION OF REAL prove or disapprove the management plan. ment plan for the Heritage Area; PROPERTY.—The local coordinating entity (B) CONSULTATION REQUIRED.—The Sec- (B) assist units of local government, re- may not use Federal funds received under retary shall consult with the Governor of the gional planning organizations, and nonprofit this section to acquire any interest in real State and any tribal government in which organizations in implementing the approved property. the Heritage Area is located before approv- management plan by— (d) MANAGEMENT PLAN.— ing the management plan.

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(C) CRITERIA FOR APPROVAL.—In deter- tion of the provision of technical or financial (1) abridges the rights of any owner of pub- mining whether to approve the management assistance under this subsection, require any lic or private property, including the right to plan, the Secretary shall consider whether— recipient of the assistance to impose or mod- refrain from participating in any plan, (i) the local coordinating entity represents ify any land use restriction or zoning ordi- project, program, or activity conducted the diverse interests of the Heritage Area, nance. within the Heritage Area; including governments, natural and historic (2) EVALUATION; REPORT.— (2) requires any property owner to— resource protection organizations, edu- (A) IN GENERAL.—Not later than 3 years be- (A) permit public access (including Fed- cational institutions, businesses, community fore the date on which authority for Federal eral, tribal, State, or local government ac- residents, and recreational organizations; funding terminates for the Heritage Area cess) to the property; or (ii) the local coordinating entity has af- under subsection (i), the Secretary shall— (B) modify any provisions of Federal, trib- forded adequate opportunity for public and (i) conduct an evaluation of the accom- al, State, or local law with regard to public governmental involvement (including plishments of the Heritage Area; and access or use of private land; through workshops and public meetings) in (ii) prepare a report with recommendations (3) alters any duly adopted land use regula- the preparation of the management plan; for the future role of the National Park tions, approved land use plan, or any other (iii) the resource protection and interpre- Service, if any, with respect to the Heritage regulatory authority of any Federal, State, tation strategies described in the manage- Area, in accordance with subparagraph (C). or local agency, or tribal government; ment plan, if implemented, would adequately (B) EVALUATION.—An evaluation conducted (4) conveys any land use or other regu- protect the cultural, historical, archae- under subparagraph (A)(i) shall— latory authority to the local coordinating ological, natural, and recreational resources (i) assess the progress of the local coordi- entity; of the Heritage Area; nating entity with respect to— (5) authorizes or implies the reservation or (iv) the management plan would not ad- (I) accomplishing the purposes of this sec- appropriation of water or water rights; versely affect any activities authorized on tion for the Heritage Area; and (6) diminishes the authority of the State to Federal or tribal land under applicable laws (II) achieving the goals and objectives of manage fish and wildlife, including the regu- or land use plans; the approved management plan for the Herit- lation of fishing and hunting within the Her- (v) the Secretary has received adequate as- age Area; itage Area; surances from the appropriate State, tribal, (ii) analyze the Federal, State, local, and (7) creates any liability, or affects any li- and local officials whose support is needed to private investments in the Heritage Area to ability under any other law, of any private ensure the effective implementation of the determine the leverage and impact of the in- property owner with respect to any person State, tribal, and local aspects of the man- vestments; and injured on the private property; agement plan; and (iii) review the management structure, (8) restricts an Indian tribe from pro- (vi) the local coordinating entity has dem- partnership relationships, and funding of the tecting cultural or religious sites on tribal onstrated the financial capability, in part- Heritage Area for purposes of identifying the land; or nership with others, to carry out the man- critical components for sustainability of the (9) diminishes the trust responsibilities of agement plan. Heritage Area. government-to-government obligations of (D) ACTION FOLLOWING DISAPPROVAL.— (C) REPORT.— the United States of any federally recognized (i) IN GENERAL.—If the Secretary dis- (i) IN GENERAL.—Based on the evaluation Indian tribe. approves the management plan, the Sec- conducted under subparagraph (A)(i), the (h) AUTHORIZATION OF APPROPRIATIONS.— retary— Secretary shall prepare a report that in- (1) IN GENERAL.—There is authorized to be (I) shall advise the local coordinating enti- cludes recommendations for the future role appropriated to carry out this section ty in writing of the reasons for the dis- of the National Park Service, if any, with re- $10,000,000, of which not more than $1,000,000 approval; and spect to the Heritage Area. may be made available for any fiscal year. (II) may make recommendations to the (ii) REQUIRED ANALYSIS.—If the report pre- (2) COST-SHARING REQUIREMENT.— local coordinating entity for revisions to the pared under this subparagraph recommends management plan. (A) IN GENERAL.—The Federal share of the that Federal funding for the Heritage Area total cost of any activity under this section (ii) DEADLINE.—Not later than 180 days after receiving a revised management plan, be reauthorized, the report shall include an shall be not more than 50 percent. the Secretary shall approve or disapprove analysis of— (B) FORM.—The non-Federal contribution— the revised management plan. (I) ways in which Federal funding for the (i) shall be from non-Federal sources; and Heritage Area may be reduced or eliminated; (E) AMENDMENTS.— (ii) may be in the form of in-kind contribu- and (i) IN GENERAL.—An amendment to the tions of goods or services fairly valued. management plan that substantially alters (II) the appropriate time period necessary (i) TERMINATION OF FINANCIAL ASSIST- the purposes of the Heritage Area shall be re- to achieve the recommended reduction or ANCE.—The authority of the Secretary to viewed by the Secretary and approved or dis- elimination. provide financial assistance under this sec- approved in the same manner as the original (iii) SUBMISSION TO CONGRESS.—On comple- tion terminates on the date that is 15 years management plan. tion of a report under this subparagraph, the after the date of enactment of this Act. Secretary shall submit the report to— (ii) IMPLEMENTATION.—The local coordi- SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE nating entity shall not use Federal funds au- (I) the Committee on Energy and Natural AREA, ALABAMA. thorized to be appropriated by this section to Resources of the Senate; and (a) PURPOSES.—The purposes of this section implement an amendment to the manage- (II) the Committee on Natural Resources of are— ment plan until the Secretary approves the the House of Representatives. (1) to preserve, support, conserve, and in- amendment. (f) RELATIONSHIP TO OTHER FEDERAL AGEN- terpret the legacy of the region represented (e) DUTIES AND AUTHORITIES OF THE SEC- CIES.— by the Heritage Area as described in the fea- RETARY.— (1) IN GENERAL.—Nothing in this section af- sibility study prepared by the National Park (1) TECHNICAL AND FINANCIAL ASSISTANCE.— fects the authority of a Federal agency to Service; (A) IN GENERAL.—On the request of the provide technical or financial assistance (2) to promote heritage, cultural, and rec- local coordinating entity, the Secretary may under any other law. reational tourism, and to develop edu- provide technical and financial assistance, (2) CONSULTATION AND COORDINATION.—To cational and cultural programs for visitors on a reimbursable or nonreimbursable basis the maximum extent practicable, the head of and the general public; (as determined by the Secretary), to the any Federal agency planning to conduct ac- (3) to recognize and interpret important local coordinating entity to develop and im- tivities that may have an impact on the Her- events and geographic locations representing plement the management plan. itage Area is encouraged to consult and co- key developments in the growth of the (B) COOPERATIVE AGREEMENTS.—The Sec- ordinate the activities with the Secretary United States, including the Native Amer- retary may enter into cooperative agree- and the local coordinating entity. ican, Colonial American, European Amer- ments with the local coordinating entity and (3) OTHER FEDERAL AGENCIES.—Nothing in ican, and African American heritage; other public or private entities to provide this section— (4) to recognize and interpret the manner technical or financial assistance under sub- (A) modifies, alters, or amends any laws by which the distinctive geography of the re- paragraph (A). (including regulations) authorizing a Federal gion has shaped the development of the set- (C) PRIORITY.—In assisting the Heritage agency to manage Federal land under the ju- tlement, defense, transportation, commerce, Area, the Secretary shall give priority to ac- risdiction of the Federal agency; and culture of the region; tions that assist in— (B) limits the discretion of a Federal land (5) to provide a cooperative management (i) conserving the significant cultural, his- manager to implement an approved land use framework to foster a close working rela- torical, archaeological, natural, and rec- plan within the boundaries of the Heritage tionship with all levels of government, the reational resources of the Heritage Area; and Area; or private sector, and the local communities in (ii) providing educational, interpretive, (C) modifies, alters, or amends any author- the region to identify, preserve, interpret, and recreational opportunities consistent ized use of Federal land under the jurisdic- and develop the historical, cultural, scenic, with the purposes of the Heritage Area. tion of a Federal agency. and natural resources of the region for the (D) PROHIBITION OF CERTAIN REQUIRE- (g) PROPERTY OWNERS AND REGULATORY educational and inspirational benefit of cur- MENTS.—The Secretary may not, as a condi- PROTECTIONS.—Nothing in this section— rent and future generations; and

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(C) hire and compensate staff, including in- local coordinating entity has the partner- (b) DEFINITIONS.—In this section: dividuals with expertise in— ships and financial and other resources nec- (1) HERITAGE AREA.—The term ‘‘Heritage (i) natural, historical, cultural, edu- essary to implement the management plan Area’’ means the Muscle Shoals National cational, scenic, and recreational resource for the Heritage Area. Heritage Area established by subsection conservation; (3) TERMINATION OF FUNDING.—If the man- (c)(1). (ii) economic and community development; agement plan is not submitted to the Sec- (2) LOCAL COORDINATING ENTITY.—The term and retary by the date that is 3 years after the ‘‘local coordinating entity’’ means the Mus- (iii) heritage planning; date on which funds are first made available cle Shoals Regional Center, the local coordi- (D) obtain funds or services from any to develop the management plan, the local nating entity for the Heritage Area des- source, including funds and services provided coordinating entity shall not qualify for ad- ignated by subsection (c)(4). under any other Federal law or program; ditional financial assistance under this sec- (3) MANAGEMENT PLAN.—The term ‘‘man- (E) contract for goods or services; and tion until the management plan is submitted agement plan’’ means the plan for the Herit- (F) support activities of partners and any to, and approved by, the Secretary. age Area required under subsection (d)(1)(A). other activities that further the purposes of (4) APPROVAL OF MANAGEMENT PLAN.— (4) MAP.—The term ‘‘map’’ means the map the Heritage Area and are consistent with (A) REVIEW.—Not later than 180 days after entitled ‘‘Muscle Shoals National Heritage the approved management plan. the date on which the Secretary receives the Area’’, numbered T08/80,000, and dated Octo- (3) PROHIBITION ON ACQUISITION OF REAL management plan, the Secretary shall ap- ber 2007. PROPERTY.—The local coordinating entity prove or disapprove the management plan. (5) STATE.—The term ‘‘State’’ means the may not use Federal funds received under (B) CONSULTATION REQUIRED.—The Sec- State of Alabama. this section to acquire any interest in real retary shall consult with the Governor of the (c) ESTABLISHMENT.— property. State in which the Heritage Area is located (1) IN GENERAL.—There is established the (e) MANAGEMENT PLAN.— before approving the management plan. Muscle Shoals National Heritage Area in the (1) IN GENERAL.—Not later than 3 years (C) CRITERIA FOR APPROVAL.—In deter- State. after the date on which funds are made avail- mining whether to approve the management (2) BOUNDARIES.—The Heritage Area shall able to develop the management plan, the plan, the Secretary shall consider whether— be comprised of the following areas, as de- local coordinating entity shall submit to the (i) the local coordinating entity represents picted on the map: Secretary for approval a proposed manage- the diverse interests of the Heritage Area, (A) The Counties of Colbert, Franklin, ment plan for the Heritage Area. including Federal, State, tribal, and local Lauderdale, Lawrence, Limestone, and Mor- (2) REQUIREMENTS.—The management plan governments, natural and historic resource gan, Alabama. for the Heritage Area shall— protection organizations, educational insti- (B) The Wilson Dam. (A) describe comprehensive policies, goals, tutions, businesses, community residents, (C) The Handy Home. strategies, and recommendations for telling recreational organizations, and private prop- (D) The birthplace of Helen Keller. the story of the heritage of the area covered erty owners; (3) AVAILABILITY MAP.—The map shall be by the Heritage Area and encouraging long- (ii) the local coordinating entity— on file and available for public inspection in term resource protection, enhancement, in- (I) has afforded adequate opportunity for the appropriate offices of the National Park terpretation, funding, management, and de- public and Federal, State, tribal, and local Service and the local coordinating entity. velopment of the Heritage Area; governmental involvement (including (4) LOCAL COORDINATING ENTITY.—The Mus- (B) include a description of actions and through workshops and public meetings) in cle Shoals Regional Center shall be the local commitments that Federal, State, tribal, the preparation of the management plan; and coordinating entity for the Heritage Area. and local governments, private organiza- (II) provides for at least semiannual public (d) DUTIES AND AUTHORITIES OF LOCAL CO- tions, and citizens plan to take to protect, meetings to ensure adequate implementation ORDINATING ENTITY.— enhance, interpret, fund, manage, and de- of the management plan; (1) DUTIES OF THE LOCAL COORDINATING EN- velop the natural, historic, cultural, edu- (iii) the resource protection, enhancement, TITY.—To further the purposes of the Herit- cational, scenic, and recreational resources interpretation, funding, management, and age Area, the local coordinating entity of the Heritage Area; development strategies described in the shall— (C) specify existing and potential sources management plan, if implemented, would (A) prepare, and submit to the Secretary, of funding or economic development strate- adequately protect, enhance, interpret, fund, in accordance with subsection (e), a manage- gies to protect, enhance, interpret, fund, manage, and develop the natural, historic, ment plan for the Heritage Area; manage, and develop the Heritage Area; cultural, scenic, and recreational resources (B) submit an annual report to the Sec- (D) include an inventory of the natural, of the Heritage Area; retary for each fiscal year for which the historic, cultural, educational, scenic, and (iv) the management plan would not ad- local coordinating entity receives Federal recreational resources of the Heritage Area versely affect any activities authorized on funds under this section specifying— relating to the stories and themes of the Federal land under applicable laws or land (i) the accomplishments of the local co- Heritage Area that should be protected, en- use plans; ordinating entity; hanced, interpreted, managed, funded, or de- (v) the Secretary has received adequate as- (ii) the expenses and income of the local veloped; surances from the appropriate State, tribal, coordinating entity; (E) recommend policies and strategies for and local officials whose support is needed to (iii) the amounts and sources of matching resource management, including the devel- ensure the effective implementation of the funds; opment of intergovernmental and inter- State, tribal, and local aspects of the man- (iv) the amounts leveraged with Federal agency agreements to protect, enhance, in- agement plan; funds and sources of the leveraged funds; and terpret, fund, manage, and develop the nat- (vi) the local coordinating entity has dem- (v) grants made to any other entities dur- ural, historic, cultural, educational, scenic, onstrated the financial capability, in part- ing the fiscal year; and recreational resources of the Heritage nership with others, to carry out the man- (C) make available for audit for each fiscal Area; agement plan; and year for which the local coordinating entity (F) describe a program for implementation (vii) the management plan demonstrates receives Federal funds under this section, all of the management plan, including— partnerships among the local coordinating information pertaining to the expenditure of (i) performance goals; entity, Federal, State, tribal, and local gov- the funds and any matching funds; (ii) plans for resource protection, enhance- ernments, regional planning organizations, (D) encourage, by appropriate means, eco- ment, interpretation, funding, management, nonprofit organizations, and private sector nomic development that is consistent with and development; and parties for implementation of the manage- the purposes of the Heritage Area; and (iii) specific commitments for implementa- ment plan. (E) serve as a catalyst for the implementa- tion that have been made by the local co- (D) DISAPPROVAL.— tion of projects and programs among diverse ordinating entity or any Federal, State, trib- (i) IN GENERAL.—If the Secretary dis- partners in the Heritage Area. al, or local government agency, organiza- approves the management plan, the Sec- (2) AUTHORITIES.—The local coordinating tion, business, or individual; retary— entity may, subject to the prior approval of (G) include an analysis of, and rec- (I) shall advise the local coordinating enti- the Secretary, for the purposes of preparing ommendations for, ways in which Federal, ty in writing of the reasons for the dis- and implementing the management plan, use State, tribal, and local programs may best be approval; and Federal funds made available under this sec- coordinated (including the role of the Na- (II) may make recommendations to the tion to— tional Park Service and other Federal agen- local coordinating entity for revisions to the (A) make grants to the State, political sub- cies associated with the Heritage Area) to management plan. divisions of the State, nonprofit organiza- further the purposes of this section; and (ii) DEADLINE.—Not later than 180 days tions, and other persons; (H) include a business plan that— after receiving a revised management plan, (B) enter into cooperative agreements (i) describes the role, operation, financing, the Secretary shall approve or disapprove with, or provide technical assistance to, the and functions of the local coordinating enti- the revised management plan.

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(E) AMENDMENTS.— (II) the Committee on Natural Resources of SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM (i) IN GENERAL.—An amendment to the the House of Representatives. NATIONAL HERITAGE AREA, ALASKA. (a) DEFINITIONS.—In this section: management plan that substantially alters (g) RELATIONSHIP TO OTHER FEDERAL AGEN- the purposes of the Heritage Area shall be re- (1) HERITAGE AREA.—The term ‘‘Heritage CIES.— Area’’ means the Kenai Mountains- viewed by the Secretary and approved or dis- (1) IN GENERAL.—Nothing in this section af- approved in the same manner as the original Turnagain Arm National Heritage Area es- fects the authority of a Federal agency to tablished by subsection (b)(1). management plan. provide technical or financial assistance (ii) IMPLEMENTATION.—The local coordi- (2) LOCAL COORDINATING ENTITY.—The term under any other law. ‘‘local coordinating entity’’ means the Kenai nating entity shall not use Federal funds au- (2) CONSULTATION AND COORDINATION.—To thorized by this section to implement an Mountains-Turnagain Arm Corridor Commu- the maximum extent practicable, the head of nities Association. amendment to the management plan until any Federal agency planning to conduct ac- the Secretary approves the amendment. (3) MANAGEMENT PLAN.—The term ‘‘man- tivities that may have an impact on the Her- agement plan’’ means the plan prepared by (F) AUTHORITIES.—The Secretary may— itage Area is encouraged to consult and co- (i) provide technical assistance under the the local coordinating entity for the Herit- ordinate the activities with the Secretary age Area that specifies actions, policies, authority of this section for the development and the local coordinating entity to the and implementation of the management strategies, performance goals, and rec- maximum extent practicable. ommendations to meet the goals of the Her- plan; and (3) OTHER FEDERAL AGENCIES.—Nothing in (ii) enter into cooperative agreements with itage Area, in accordance with this section. this section— (4) MAP.—The term ‘‘map’’ means the map interested parties to carry out this section. (A) modifies, alters, or amends any laws entitled ‘‘Proposed Kenai Mountains- (f) DUTIES AND AUTHORITIES OF THE SEC- (including regulations) authorizing a Federal Turnagain Arm NHA’’ and dated August 7, RETARY.— agency to manage Federal land under the ju- 2007. (1) TECHNICAL AND FINANCIAL ASSISTANCE.— risdiction of the Federal agency; (5) SECRETARY.—The term ‘‘Secretary’’ (A) IN GENERAL.—On the request of the (B) limits the discretion of a Federal land means the Secretary of the Interior. local coordinating entity, the Secretary may manager to implement an approved land use (b) DESIGNATION OF THE KENAI MOUNTAINS- provide technical and financial assistance, plan within the boundaries of the Heritage TURNAGAIN ARM NATIONAL HERITAGE AREA.— on a reimbursable or nonreimbursable basis Area; or (1) ESTABLISHMENT.—There is established (as determined by the Secretary), to the (C) modifies, alters, or amends any author- the Kenai Mountains-Turnagain Arm Na- local coordinating entity to develop and im- ized use of Federal land under the jurisdic- tional Heritage Area. plement the management plan. tion of a Federal agency. (2) BOUNDARIES.—The Heritage Area shall (B) COOPERATIVE AGREEMENTS.—The Sec- (h) PROPERTY OWNERS AND REGULATORY be comprised of the land in the Kenai Moun- retary may enter into cooperative agree- PROTECTIONS.—Nothing in this section— tains and upper Turnagain Arm region, as ments with the local coordinating entity and (1) abridges the rights of any owner of pub- generally depicted on the map. other public or private entities to provide lic or private property, including the right to (3) AVAILABILITY OF MAP.—The map shall technical or financial assistance under sub- refrain from participating in any plan, be on file and available for public inspection paragraph (A). project, program, or activity conducted in— (2) EVALUATION; REPORT.— within the Heritage Area; (A) the appropriate offices of the Forest (A) IN GENERAL.—Not later than 3 years be- (2) requires any property owner to— Service, Chugach National Forest; fore the date on which authority for Federal (A) permit public access (including Fed- (B) the Alaska Regional Office of the Na- funding terminates for the Heritage Area eral, tribal, State, or local government ac- tional Park Service; and under subsection (j), the Secretary shall— cess) to the property; or (C) the office of the Alaska State Historic (i) conduct an evaluation of the accom- (B) modify any provisions of Federal, trib- Preservation Officer. plishments of the Heritage Area; and al, State, or local law with regard to public (c) MANAGEMENT PLAN.— (ii) prepare a report with recommendations access or use of private land; (1) LOCAL COORDINATING ENTITY.—The local for the future role of the National Park (3) alters any duly adopted land use regula- coordinating entity, in partnership with Service, if any, with respect to the Heritage tions, approved land use plan, or any other other interested parties, shall develop a Area, in accordance with subparagraph (C). regulatory authority of any Federal, State, management plan for the Heritage Area in (B) EVALUATION.—An evaluation conducted or local agency, or tribal government; accordance with this section. under subparagraph (A)(i) shall— (4) conveys any land use or other regu- (2) REQUIREMENTS.—The management plan (i) assess the progress of the local coordi- latory authority to the local coordinating for the Heritage Area shall— nating entity with respect to— entity; (A) describe comprehensive policies, goals, (I) accomplishing the purposes of this sec- (5) authorizes or implies the reservation or strategies, and recommendations for use in— tion for the Heritage Area; and appropriation of water or water rights; (i) telling the story of the heritage of the (II) achieving the goals and objectives of (6) diminishes the authority of the State to area covered by the Heritage Area; and the approved management plan for the Herit- manage fish and wildlife, including the regu- (ii) encouraging long-term resource protec- age Area; lation of fishing and hunting within the Her- tion, enhancement, interpretation, funding, (ii) analyze the Federal, State, tribal, itage Area; or management, and development of the Herit- local, and private investments in the Herit- (7) creates any liability, or affects any li- age Area; age Area to determine the leverage and im- ability under any other law, of any private (B) include a description of actions and pact of the investments; and property owner with respect to any person commitments that the Federal Government, (iii) review the management structure, injured on the private property. State, tribal, and local governments, private partnership relationships, and funding of the organizations, and citizens will take to pro- Heritage Area for purposes of identifying the (i) AUTHORIZATION OF APPROPRIATIONS.— tect, enhance, interpret, fund, manage, and critical components for sustainability of the (1) IN GENERAL.—There is authorized to be develop the natural, historical, cultural, edu- Heritage Area. appropriated to carry out this section cational, scenic, and recreational resources (C) REPORT.— $10,000,000, of which not more than $1,000,000 of the Heritage Area; (i) IN GENERAL.—Based on the evaluation may be made available for any fiscal year. (C) specify existing and potential sources conducted under subparagraph (A)(i), the (2) AVAILABILITY.—Funds made available of funding or economic development strate- Secretary shall prepare a report that in- under paragraph (1) shall remain available gies to protect, enhance, interpret, fund, cludes recommendations for the future role until expended. manage, and develop the Heritage Area; of the National Park Service, if any, with re- (3) COST-SHARING REQUIREMENT.— (D) include an inventory of the natural, spect to the Heritage Area. (A) IN GENERAL.—The Federal share of the historical, cultural, educational, scenic, and (ii) REQUIRED ANALYSIS.—If the report pre- total cost of any activity under this section recreational resources of the Heritage Area pared under this subparagraph recommends shall be not more than 50 percent. relating to the national importance and that Federal funding for the Heritage Area (B) FORM.—The non-Federal contribution themes of the Heritage Area that should be be reauthorized, the report shall include an may be in the form of in-kind contributions protected, enhanced, interpreted, managed, analysis of— of goods or services fairly valued. funded, and developed; (I) ways in which Federal funding for the (4) USE OF FEDERAL FUNDS FROM OTHER (E) recommend policies and strategies for Heritage Area may be reduced or eliminated; SOURCES.—Nothing in this section precludes resource management, including the devel- and the local coordinating entity from using opment of intergovernmental and inter- (II) the appropriate time period necessary Federal funds available under provisions of agency agreements to protect, enhance, in- to achieve the recommended reduction or law other than this section for the purposes terpret, fund, manage, and develop the nat- elimination. for which those funds were authorized. ural, historical, cultural, educational, sce- (iii) SUBMISSION TO CONGRESS.—On comple- (j) TERMINATION OF EFFECTIVENESS.—The nic, and recreational resources of the Herit- tion of a report under this subparagraph, the authority of the Secretary to provide finan- age Area; Secretary shall submit the report to— cial assistance under this section terminates (F) describe a program for implementation (I) the Committee on Energy and Natural on the date that is 15 years after the date of for the management plan, including— Resources of the Senate; and enactment of this Act. (i) performance goals;

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(ii) plans for resource protection, enhance- (v) the local coordinating entity has dem- (1) DUTIES.—To further the purposes of the ment, interpretation, funding, management, onstrated the financial capability, in part- Heritage Area, in addition to developing the and development; and nership with other interested parties, to management plan for the Heritage Area (iii) specific commitments for implementa- carry out the plan; under subsection (c), the local coordinating tion that have been made by the local co- (vi) the Secretary has received adequate entity shall— ordinating entity or any Federal, State, trib- assurances from the appropriate State, trib- (A) serve to facilitate and expedite the im- al, or local government agency, organiza- al, and local officials whose support is need- plementation of projects and programs tion, business, or individual; ed to ensure the effective implementation of among diverse partners in the Heritage Area; (G) include an analysis of, and rec- the State, tribal, and local elements of the (B) submit an annual report to the Sec- ommendations for, means by which Federal, management plan; and retary for each fiscal year for which the State, tribal, and local programs may best be (vii) the management plan demonstrates local coordinating entity receives Federal coordinated (including the role of the Na- partnerships among the local coordinating funds under this section, specifying— tional Park Service, the Forest Service, and entity, Federal Government, State, tribal, (i) the specific performance goals and ac- other Federal agencies associated with the and local governments, regional planning or- complishments of the local coordinating en- Heritage Area) to further the purposes of ganizations, nonprofit organizations, or pri- tity; this section; and vate sector parties for implementation of the (ii) the expenses and income of the local (H) include a business plan that— management plan. coordinating entity; (i) describes the role, operation, financing, (D) DISAPPROVAL.— (iii) the amounts and sources of matching (i) IN GENERAL.—If the Secretary dis- and functions of the local coordinating enti- funds; approves the management plan, the Sec- ty and each of the major activities contained (iv) the amounts leveraged with Federal retary— in the management plan; and funds and sources of the leveraging; and (I) shall advise the local coordinating enti- (ii) provides adequate assurances that the (v) grants made to any other entities dur- ty in writing of the reasons for the dis- local coordinating entity has the partner- ing the fiscal year; approval; and ships and financial and other resources nec- (C) make available for audit for each fiscal (II) may make recommendations to the essary to implement the management plan year for which the local coordinating entity local coordinating entity for revisions to the receives Federal funds under this section, all for the Heritage Area. management plan. (3) DEADLINE.— information pertaining to the expenditure of (ii) DEADLINE.—Not later than 180 days (A) IN GENERAL.—Not later than 3 years the funds and any matching funds; and after receiving a revised management plan, (D) encourage economic viability and sus- after the date on which funds are first made the Secretary shall approve or disapprove available to develop the management plan tainability that is consistent with the pur- the revised management plan. poses of the Heritage Area. after the date of enactment of this Act, the (E) AMENDMENTS.— local coordinating entity shall submit the (2) AUTHORITIES.—For the purpose of pre- (i) IN GENERAL.—An amendment to the paring and implementing the approved man- management plan to the Secretary for ap- management plan that substantially alters proval. agement plan for the Heritage Area under the purposes of the Heritage Area shall be re- subsection (c), the local coordinating entity (B) TERMINATION OF FUNDING.—If the man- viewed by the Secretary and approved or dis- may use Federal funds made available under agement plan is not submitted to the Sec- approved in the same manner as the original this section— retary in accordance with subparagraph (A), management plan. (A) to make grants to political jurisdic- the local coordinating entity shall not qual- (ii) IMPLEMENTATION.—The local coordi- tions, nonprofit organizations, and other ify for any additional financial assistance nating entity shall not use Federal funds au- parties within the Heritage Area; under this section until such time as the thorized by this section to implement an (B) to enter into cooperative agreements management plan is submitted to and ap- amendment to the management plan until with or provide technical assistance to polit- proved by the Secretary. the Secretary approves the amendment. ical jurisdictions, nonprofit organizations, (4) APPROVAL OF MANAGEMENT PLAN.— (F) AUTHORITIES.—The Secretary may— Federal agencies, and other interested par- (A) REVIEW.—Not later than 180 days after (i) provide technical assistance under the ties; receiving the management plan under para- authority of this section for the development (C) to hire and compensate staff, including graph (3), the Secretary shall review and ap- and implementation of the management individuals with expertise in— prove or disapprove the management plan for plan; and (i) natural, historical, cultural, edu- a Heritage Area on the basis of the criteria (ii) enter into cooperative agreements with cational, scenic, and recreational resource established under subparagraph (C). interested parties to carry out this section. (B) CONSULTATION.—The Secretary shall (d) EVALUATION; REPORT.— conservation; consult with the Governor of the State in (1) IN GENERAL.—Not later than 3 years be- (ii) economic and community development; which the Heritage Area is located before ap- fore the date on which authority for Federal and proving a management plan for the Heritage funding terminates for the Heritage Area (iii) heritage planning; Area. under this section, the Secretary shall— (D) to obtain funds or services from any (C) CRITERIA FOR APPROVAL.—In deter- (A) conduct an evaluation of the accom- source, including other Federal programs; mining whether to approve a management plishments of the Heritage Area; and (E) to enter into contracts for goods or plan for the Heritage Area, the Secretary (B) prepare a report in accordance with services; and shall consider whether— paragraph (3). (F) to support activities of partners and (i) the local coordinating entity represents (2) EVALUATION.—An evaluation conducted any other activities that further the pur- the diverse interests of the Heritage Area, under paragraph (1)(A) shall— poses of the Heritage Area and are consistent including the Federal Government, State, (A) assess the progress of the local coordi- with the approved management plan. tribal, and local governments, natural and nating entity with respect to— (3) PROHIBITION ON ACQUISITION OF REAL historical resource protection organizations, (i) accomplishing the purposes of the au- PROPERTY.—The local coordinating entity educational institutions, businesses, rec- thorizing legislation for the Heritage Area; may not use Federal funds authorized under reational organizations, community resi- and this section to acquire any interest in real dents, and private property owners; (ii) achieving the goals and objectives of property. (ii) the local coordinating entity— the approved management plan for the Herit- (f) RELATIONSHIP TO OTHER FEDERAL AGEN- (I) has afforded adequate opportunity for age Area; CIES.— public and Federal, State, tribal, and local (B) analyze the Federal, State, tribal, (1) IN GENERAL.—Nothing in this section af- governmental involvement (including local, and private investments in the Herit- fects the authority of a Federal agency to through workshops and hearings) in the age Area to determine the impact of the in- provide technical or financial assistance preparation of the management plan; and vestments; and under any other provision of law. (II) provides for at least semiannual public (C) review the management structure, (2) CONSULTATION AND COORDINATION.—The meetings to ensure adequate implementation partnership relationships, and funding of the head of any Federal agency planning to con- of the management plan; Heritage Area for purposes of identifying the duct activities that may have an impact on (iii) the resource protection, enhancement, critical components for sustainability of the a Heritage Area is encouraged to consult and interpretation, funding, management, and Heritage Area. coordinate the activities with the Secretary development strategies described in the (3) REPORT.—Based on the evaluation con- and the local coordinating entity, to the management plan, if implemented, would ducted under paragraph (1)(A), the Secretary maximum extent practicable. adequately protect, enhance, interpret, fund, shall submit to the Committee on Energy (3) OTHER FEDERAL AGENCIES.—Nothing in manage, and develop the natural, historical, and Natural Resources of the Senate and the this section— cultural, educational, scenic, and rec- Committee on Natural Resources of the (A) modifies, alters, or amends any law (in- reational resources of the Heritage Area; House of Representatives a report that in- cluding a regulation) authorizing a Federal (iv) the management plan would not ad- cludes recommendations for the future role agency to manage Federal land under the ju- versely affect any activities authorized on of the National Park Service, if any, with re- risdiction of the Federal agency; Federal land under public land laws or land spect to the Heritage Area. (B) limits the discretion of a Federal land use plans; (e) LOCAL COORDINATING ENTITY.— manager to implement an approved land use

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.047 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S511 plan within the boundaries of a Heritage areas, as generally depicted on the map enti- (i) has heritage aspects that are similar to Area; or tled ‘‘Chattahoochee Trace National Herit- the heritage aspects of the areas described in (C) modifies, alters, or amends any author- age Corridor, Alabama/Georgia’’, numbered subparagraph (A) or (B); and ized use of Federal land under the jurisdic- T05/80000, and dated July 2007; and (ii) is located adjacent to, or in the vicin- tion of a Federal agency. (B) any other areas in the State of Ala- ity of, those areas. (g) PRIVATE PROPERTY AND REGULATORY bama or Georgia that— (b) STUDY.— PROTECTIONS.—Nothing in this section— (i) have heritage aspects that are similar (1) IN GENERAL.—In accordance with para- (1) abridges the rights of any property to the areas depicted on the map described in graphs (2) and (3), the Secretary, in consulta- owner (whether public or private), including subparagraph (A); and tion with appropriate State historic preser- the right to refrain from participating in any (ii) are adjacent to, or in the vicinity of, vation officers, State historical societies, plan, project, program, or activity conducted those areas. and other appropriate organizations, shall within the Heritage Area; (3) REQUIREMENTS.—The study shall in- conduct a study to determine the suitability (2) requires any property owner to permit clude analysis, documentation, and deter- and feasibility of designating the study area public access (including access by Federal, minations on whether the study area— as the Northern Neck National Heritage State, tribal, or local agencies) to the prop- (A) has an assemblage of natural, historic, Area. erty of the property owner, or to modify pub- and cultural resources that— lic access or use of property of the property (i) represent distinctive aspects of the her- (2) REQUIREMENTS.—The study shall in- owner under any other Federal, State, tribal, itage of the United States; clude analysis, documentation, and deter- or local law; (ii) are worthy of recognition, conserva- minations on whether the study area— (3) alters any duly adopted land use regula- tion, interpretation, and continuing use; and (A) has an assemblage of natural, histor- tion, approved land use plan, or other regu- (iii) would be best managed— ical, cultural, educational, scenic, or rec- latory authority (such as the authority to (I) through partnerships among public and reational resources that together are nation- make safety improvements or increase the private entities; and ally important to the heritage of the United capacity of existing roads or to construct (II) by linking diverse and sometimes non- States; new roads) of any Federal, State, tribal, or contiguous resources and active commu- (B) represents distinctive aspects of the local agency, or conveys any land use or nities; heritage of the United States worthy of rec- other regulatory authority to any local co- (B) reflects traditions, customs, beliefs, ognition, conservation, interpretation, and ordinating entity, including development and folklife that are a valuable part of the continuing use; and management of energy or water or story of the United States; (C) is best managed as such an assemblage water-related infrastructure; (C) provides— through partnerships among public and pri- (4) authorizes or implies the reservation or (i) outstanding opportunities to conserve vate entities at the local or regional level; appropriation of water or water rights; natural, historic, cultural, or scenic fea- (D) reflects traditions, customs, beliefs, (5) diminishes the authority of any State tures; and and folklife that are a valuable part of the to manage fish and wildlife, including the (ii) outstanding recreational and edu- heritage of the United States; regulation of fishing and hunting within the cational opportunities; (E) provides outstanding opportunities to Heritage Area; or (D) contains resources that— conserve natural, historical, cultural, or sce- (6) creates any liability, or affects any li- (i) are important to any identified themes nic features; ability under any other law, of any private of the study area; and (F) provides outstanding recreational or property owner with respect to any person (ii) retain a degree of integrity capable of educational opportunities; injured on the private property. (G) contains resources and has traditional (h) FUNDING.— supporting interpretation; uses that have national importance; (1) AUTHORIZATION OF APPROPRIATIONS.— (E) includes residents, business interests, (H) includes residents, business interests, Subject to paragraph (2), there is authorized nonprofit organizations, and State and local nonprofit organizations, and appropriate to be appropriated to carry out this section governments that— Federal agencies and State and local govern- $1,000,000 for each fiscal year, to remain (i) are involved in the planning of the Cor- ments that are involved in the planning of, available until expended. ridor; and have demonstrated significant support (2) LIMITATION ON TOTAL AMOUNTS APPRO- (ii) have developed a conceptual financial for, the designation and management of the PRIATED.—Not more than a total of plan that outlines the roles of all partici- proposed Heritage Area; $10,000,000 may be made available to carry pants in the Corridor, including the Federal (I) has a proposed local coordinating entity out this section. Government; and that is responsible for preparing and imple- (3) COST-SHARING.— (iii) have demonstrated support for the des- menting the management plan developed for (A) IN GENERAL.—The Federal share of the ignation of the Corridor; the proposed Heritage Area; total cost of any activity carried out under (F) has a potential management entity to (J) with respect to the designation of the this section shall not exceed 50 percent. work in partnership with the individuals and study area, has the support of the proposed (B) FORM OF NON-FEDERAL SHARE.—The entities described in subparagraph (E) to de- local coordinating entity and appropriate non-Federal share of the cost of any activity velop the Corridor while encouraging State Federal agencies and State and local govern- carried out under this section may be pro- and local economic activity; and ments, each of which has documented the vided in the form of in-kind contributions of (G) has a conceptual boundary map that is commitment of the entity to work in part- goods or services fairly valued. supported by the public. nership with each other entity to protect, (i) TERMINATION OF AUTHORITY.—The au- (c) REPORT.—Not later than the 3rd fiscal enhance, interpret, fund, manage, and de- thority of the Secretary to provide financial year after the date on which funds are first velop the resources located in the study assistance under this section terminates on made available to carry out this section, the area; the date that is 15 years after the date of en- Secretary shall submit to the Committee on (K) through the proposed local coordi- actment of this Act. Natural Resources of the House of Rep- nating entity, has developed a conceptual fi- Subtitle B—Studies resentatives and the Committee on Energy nancial plan that outlines the roles of all and Natural Resources of the Senate a report SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA participants (including the Federal Govern- AND GEORGIA. that describes— ment) in the management of the proposed (a) DEFINITIONS.—In this section: (1) the findings of the study; and Heritage Area; (1) CORRIDOR.—The term ‘‘Corridor’’ means (2) any conclusions and recommendations (L) has a proposal that is consistent with the Chattahoochee Trace National Heritage of the Secretary. continued economic activity within the area; Corridor. SEC. 8102. NORTHERN NECK, VIRGINIA. and (2) SECRETARY.—The term ‘‘Secretary’’ (M) has a conceptual boundary map that is means the Secretary of the Interior. (a) DEFINITIONS.—In this section: supported by the public and appropriate Fed- (3) STUDY AREA.—The term ‘‘study area’’ (1) PROPOSED HERITAGE AREA.—The term eral agencies. means the study area described in subsection ‘‘proposed Heritage Area’’ means the pro- (3) ADDITIONAL CONSULTATION REQUIRE- (b)(2). posed Northern Neck National Heritage MENT.—In conducting the study under para- (b) STUDY.— Area. graph (1), the Secretary shall— (1) IN GENERAL.—The Secretary, in con- (2) STATE.—The term ‘‘State’’ means the sultation with State historic preservation of- State of Virginia. (A) consult with the managers of any Fed- eral land located within the study area; and ficers, State historical societies, State tour- (3) STUDY AREA.—The term ‘‘study area’’ ism offices, and other appropriate organiza- means the area that is comprised of— (B) before making any determination with tions or agencies, shall conduct a study to (A) the area of land located between the respect to the designation of the study area, assess the suitability and feasibility of desig- Potomac and Rappahannock rivers of the secure the concurrence of each manager with nating the study area as the Chattahoochee eastern coastal region of the State; respect to each finding of the study. Trace National Heritage Corridor. (B) Westmoreland, Northumberland, Rich- (c) DETERMINATION.— (2) STUDY AREA.—The study area includes— mond, King George, and Lancaster Counties (1) IN GENERAL.—The Secretary, in con- (A) the portion of the Apalachicola-Chat- of the State; and sultation with the Governor of the State, tahoochee-Flint River Basin and surrounding (C) any other area that— shall review, comment on, and determine if

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(3) in section 11, in the matter preceding (2) REPORT.— ‘‘(C) SUBMISSION TO CONGRESS.—On comple- paragraph (1), by striking ‘‘directly affect- (A) IN GENERAL.—Not later than 3 fiscal tion of the report, the Secretary shall sub- ing’’; years after the date on which funds are first mit the report to— (4) in section 12— made available to carry out the study, the ‘‘(i) the Committee on Energy and Natural (A) in subsection (a), by striking ‘‘Commis- Secretary shall submit a report describing Resources of the Senate; and sion’’ each place it appears and inserting the findings, conclusions, and recommenda- ‘‘(ii) the Committee on Natural Resources ‘‘Corporation’’; tions of the study to— of the House of Representatives.’’. (B) in subsection (c)(1), by striking ‘‘2007’’ (i) the Committee on Energy and Natural (c) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘2012’’; and Resources of the Senate; and Section 109(a) of the Quinebaug and (C) by adding at the end the following: (ii) the Committee on Natural Resources of Shetucket Rivers Valley National Heritage ‘‘(d) TERMINATION OF ASSISTANCE.—The au- the House of Representatives. Corridor Act of 1994 (16 U.S.C. 461 note; Pub- thority of the Secretary to provide financial (B) REQUIREMENTS.— lic Law 103–449) is amended by striking assistance under this Act terminates on the (i) IN GENERAL.—The report shall contain— ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. date that is 5 years after the date of enact- (I) any comments that the Secretary has SEC. 8202. DELAWARE AND LEHIGH NATIONAL ment of this subsection.’’; and received from the Governor of the State re- HERITAGE CORRIDOR. (5) in section 14— lating to the designation of the study area as The Delaware and Lehigh National Herit- (A) by redesignating paragraphs (4), (5), a national heritage area; and age Corridor Act of 1988 (16 U.S.C. 461 note; and (6) as paragraphs (5), (6), and (7), respec- (II) a finding as to whether the study area Public Law 100–692) is amended— tively; and meets each requirement described in sub- (1) in section 9— (B) by inserting after paragraph (3) the fol- section (b)(2) for designation as a national (A) by striking ‘‘The Commission’’ and in- lowing: heritage area. serting the following: ‘‘(4) the term ‘Corporation’ means the Delaware & Lehigh National Heritage Cor- (ii) DISAPPROVAL.—If the Secretary deter- ‘‘(a) IN GENERAL.—The Commission’’; and ridor, Incorporated, an organization de- mines that the study area does not meet any (B) by adding at the end the following: scribed in section 501(c)(3), and exempt from requirement described in subsection (b)(2) for ‘‘(b) CORPORATION AS LOCAL COORDINATING Federal tax under section 501(a), of the Inter- designation as a national heritage area, the ENTITY.—Beginning on the date of enact- nal Revenue Code of 1986;’’. Secretary shall include in the report a de- ment of the Omnibus Public Land Manage- scription of each reason for the determina- ment Act of 2009, the Corporation shall be SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. tion. the local coordinating entity for the Cor- ridor. The Erie Canalway National Heritage Cor- Subtitle C—Amendments Relating to ‘‘(c) IMPLEMENTATION OF MANAGEMENT ridor Act (16 U.S.C. 461 note; Public Law 106– National Heritage Corridors PLAN.—The Corporation shall assume the du- 554) is amended— SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS ties of the Commission for the implementa- (1) in section 804— VALLEY NATIONAL HERITAGE COR- tion of the Plan. (A) in subsection (b)— RIDOR. ‘‘(d) USE OF FUNDS.—The Corporation may (i) in the matter preceding paragraph (1), (a) TERMINATION OF AUTHORITY.—Section use Federal funds made available under this by striking ‘‘27’’ and inserting ‘‘at least 21 106(b) of the Quinebaug and Shetucket Rivers Act— members, but not more than 27’’; Valley National Heritage Corridor Act of ‘‘(1) to make grants to, and enter into co- (ii) in paragraph (2), by striking ‘‘Environ- 1994 (16 U.S.C. 461 note; Public Law 103–449) is operative agreements with, the Federal Gov- ment’’ and inserting ‘‘Environmental’’; and amended by striking ‘‘September 30, 2009’’ ernment, the Commonwealth, political sub- (iii) in paragraph (3)— and inserting ‘‘September 30, 2015’’. divisions of the Commonwealth, nonprofit (I) in the matter preceding subparagraph (b) EVALUATION; REPORT.—Section 106 of organizations, and individuals; (A), by striking ‘‘19’’; the Quinebaug and Shetucket Rivers Valley ‘‘(2) to hire, train, and compensate staff; (II) by striking subparagraph (A); National Heritage Corridor Act of 1994 (16 and (III) by redesignating subparagraphs (B) U.S.C. 461 note; Public Law 103–449) is ‘‘(3) to enter into contracts for goods and and (C) as subparagraphs (A) and (B), respec- amended by adding at the end the following: services. tively; ‘‘(c) EVALUATION; REPORT.— ‘‘(e) RESTRICTION ON USE OF FUNDS.—The (IV) in subparagraph (B) (as redesignated ‘‘(1) IN GENERAL.—Not later than 3 years Corporation may not use Federal funds made by subclause (III)), by striking the second before the date on which authority for Fed- available under this Act to acquire land or sentence; and eral funding terminates for the Corridor, the an interest in land.’’; (V) by inserting after subparagraph (B) (as Secretary shall— (2) in section 10— redesignated by subclause (III)) the fol- ‘‘(A) conduct an evaluation of the accom- (A) in the first sentence of subsection (c), lowing: plishments of the Corridor; and by striking ‘‘shall assist the Commission’’ ‘‘(C) The remaining members shall be— ‘‘(B) prepare a report in accordance with and inserting ‘‘shall, on the request of the ‘‘(i) appointed by the Secretary, based on paragraph (3). Corporation, assist’’; recommendations from each member of the ‘‘(2) EVALUATION.—An evaluation con- (B) in subsection (d)— House of Representatives, the district of ducted under paragraph (1)(A) shall— (i) by striking ‘‘Commission’’ each place it which encompasses the Corridor; and ‘‘(A) assess the progress of the manage- appears and inserting ‘‘Corporation’’; ‘‘(ii) persons that are residents of, or em- ment entity with respect to— (ii) by striking ‘‘The Secretary’’ and in- ployed within, the applicable congressional ‘‘(i) accomplishing the purposes of this serting the following: districts.’’; title for the Corridor; and ‘‘(1) IN GENERAL.—The Secretary’’; and (B) in subsection (f), by striking ‘‘Fourteen ‘‘(ii) achieving the goals and objectives of (iii) by adding at the end the following: members of the Commission’’ and inserting the management plan for the Corridor; ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec- ‘‘A majority of the serving Commissioners’’; ‘‘(B) analyze the Federal, State, local, and retary may enter into cooperative agree- (C) in subsection (g), by striking ‘‘14 of its private investments in the Corridor to deter- ments with the Corporation and other public members’’ and inserting ‘‘a majority of the mine the leverage and impact of the invest- or private entities for the purpose of pro- serving Commissioners’’; ments; and viding technical assistance and grants under (D) in subsection (h), by striking paragraph ‘‘(C) review the management structure, paragraph (1). (4) and inserting the following: partnership relationships, and funding of the ‘‘(3) PRIORITY.—In providing assistance to ‘‘(4)(A) to appoint any staff that may be Corridor for purposes of identifying the crit- the Corporation under paragraph (1), the necessary to carry out the duties of the Com- ical components for sustainability of the Secretary shall give priority to activities mission, subject to the provisions of title 5, Corridor. that assist in— United States Code, relating to appoint- ‘‘(3) REPORT.— ‘‘(A) conserving the significant natural, ments in the competitive service; and ‘‘(A) IN GENERAL.—Based on the evaluation historic, cultural, and scenic resources of the ‘‘(B) to fix the compensation of the staff, in conducted under paragraph (1)(A), the Sec- Corridor; and accordance with the provisions of chapter 51 retary shall prepare a report that includes ‘‘(B) providing educational, interpretive, and subchapter III of chapter 53 of title 5, recommendations for the future role of the and recreational opportunities consistent United States Code, relating to the classi- National Park Service, if any, with respect with the purposes of the Corridor.’’; and fication of positions and General Schedule to the Corridor. (C) by adding at the end the following: pay rates;’’; and ‘‘(B) REQUIRED ANALYSIS.—If the report ‘‘(e) TRANSITION MEMORANDUM OF UNDER- (E) in subsection (j), by striking ‘‘10 years’’ prepared under subparagraph (A) rec- STANDING.—The Secretary shall enter into a and inserting ‘‘15 years’’; ommends that Federal funding for the Cor- memorandum of understanding with the Cor- (2) in section 807— ridor be reauthorized, the report shall in- poration to ensure— (A) in subsection (e), by striking ‘‘with re- clude an analysis of— ‘‘(1) appropriate transition of management gard to the preparation and approval of the ‘‘(i) ways in which Federal funding for the of the Corridor from the Commission to the Canalway Plan’’; and Corridor may be reduced or eliminated; and Corporation; and (B) by adding at the end the following:

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‘‘(f) OPERATIONAL ASSISTANCE.—Subject to (II) the construction costs and projected priate, specific authority to develop and con- the availability of appropriations, the Super- operations, maintenance, and replacement struct any recommended project. This report intendent of Saratoga National Historical costs for each alternative; and shall include— Park may, on request, provide to public and (III) the economic feasibility of each alter- (A) good faith letters of intent by the City private organizations in the Corridor (includ- native; of San Diego and the Sweetwater Authority ing the Commission) any operational assist- (ii) take into consideration the ability of and its non-Federal partners to indicate that ance that is appropriate to assist with the Federal, tribal, State, and local government they have committed to share the allocated implementation of the Canalway Plan.’’; and sources and private sources to fund capital costs as determined by the Secretary; and (3) in section 810(a)(1), in the first sentence, construction costs and annual operation, (B) a schedule identifying the annual oper- by striking ‘‘any fiscal year’’ and inserting maintenance, energy, and replacement costs; ation, maintenance, and replacement costs ‘‘any fiscal year, to remain available until (iii) establish the basis for— that should be allocated to the City of San expended’’. (I) any cost-sharing allocations; and Diego and the Sweetwater Authority, as well SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER (II) anticipated repayment, if any, of Fed- as the current and expected financial capa- VALLEY NATIONAL HERITAGE COR- eral contributions; and bility to pay operation, maintenance, and re- RIDOR. (iv) perform a cost-benefit analysis. placement costs. Section 3(b)(2) of Public Law 99–647 (16 (2) COST SHARING REQUIREMENT.— (b) FEDERAL RECLAMATION PROJECTS.— U.S.C. 461 note; 100 Stat. 3626, 120 Stat. 1857) (A) IN GENERAL.—The Federal share of the Nothing in this section shall supersede or is amended— total costs of the study under paragraph (1) amend the provisions of Federal Reclama- (1) by striking ‘‘shall be the the’’ and in- shall not exceed 45 percent. tion laws or laws associated with any project serting ‘‘shall be the’’; and (B) FORM OF NON-FEDERAL SHARE.—The or any portion of any project constructed (2) by striking ‘‘Directors from Massachu- non-Federal share required under subpara- under any authority of Federal Reclamation setts and Rhode Island;’’ and inserting ‘‘Di- graph (A) may be in the form of any in-kind laws. rectors from Massachusetts and Rhode Is- service that the Secretary determines would (c) AUTHORIZATION OF APPROPRIATIONS.— land, ex officio, or their delegates;’’. contribute substantially toward the conduct There is authorized to be appropriated to the Secretary $3,000,000 for the Federal cost TITLE IX—BUREAU OF RECLAMATION and completion of the study under paragraph share of the study authorized in subsection AUTHORIZATIONS (1). (a). (3) STATEMENT OF CONGRESSIONAL INTENT Subtitle A—Feasibility Studies (d) SUNSET.—The authority of the Sec- RELATING TO COMPLETION OF STUDY.—It is the SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER retary to carry out any provisions of this intent of Congress that the Secretary com- SYSTEMS, IDAHO. section shall terminate 10 years after the plete the study under paragraph (1) by a date (a) IN GENERAL.—The Secretary of the In- date of the enactment of this Act. that is not later than 30 months after the terior, acting through the Bureau of Rec- Subtitle B—Project Authorizations lamation, may conduct feasibility studies on date of enactment of this Act. (4) AUTHORIZATION OF APPROPRIATIONS.— SEC. 9101. TUMALO IRRIGATION DISTRICT WATER projects that address water shortages within CONSERVATION PROJECT, OREGON. the Snake, Boise, and Payette River systems There is authorized to be appropriated to the Secretary to carry out this subsection (a) DEFINITIONS.—In this section: in the State of Idaho, and are considered ap- (1) DISTRICT.—The term ‘‘District’’ means propriate for further study by the Bureau of $1,260,000. (c) WATER RIGHTS.—Nothing in this section the Tumalo Irrigation District, Oregon. Reclamation Boise Payette water storage as- (2) PROJECT.—The term ‘‘Project’’ means sessment report issued during 2006. affects— (1) any valid or vested water right in exist- the Tumalo Irrigation District Water Con- (b) BUREAU OF RECLAMATION.—A study con- ence on the date of enactment of this Act; or servation Project authorized under sub- ducted under this section shall comply with section (b)(1). Bureau of Reclamation policy standards and (2) any application for water rights pend- ing before the date of enactment of this Act. (3) SECRETARY.—The term ‘‘Secretary’’ guidelines for studies. means the Secretary of the Interior. SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA. (c) AUTHORIZATION OF APPROPRIATIONS.— (b) AUTHORIZATION TO PLAN, DESIGN AND There is authorized to be appropriated to the (a) FEASIBILITY STUDY, PROJECT DEVELOP- CONSTRUCT THE TUMALO WATER CONSERVA- Secretary of the Interior to carry out this MENT, COST SHARE.— TION PROJECT.— section $3,000,000. (1) IN GENERAL.—The Secretary of the Inte- (1) AUTHORIZATION.—The Secretary, in co- (d) TERMINATION OF EFFECTIVENESS.—The rior (hereinafter referred to as ‘‘Secretary’’), operation with the District— authority provided by this section termi- in consultation and cooperation with the (A) may participate in the planning, de- nates on the date that is 10 years after the City of San Diego and the Sweetwater Au- sign, and construction of the Tumalo Irriga- date of enactment of this Act. thority, is authorized to undertake a study tion District Water Conservation Project in SEC. 9002. SIERRA VISTA SUBWATERSHED, ARI- to determine the feasibility of constructing Deschutes County, Oregon; and ZONA. a four reservoir intertie system to improve (B) for purposes of planning and designing (a) DEFINITIONS.—In this section: water storage opportunities, water supply re- the Project, shall take into account any ap- (1) APPRAISAL REPORT.—The term ‘‘ap- liability, and water yield of the existing non- propriate studies and reports prepared by the praisal report’’ means the appraisal report Federal water storage system. The feasi- District. concerning the augmentation alternatives bility study shall document the Secretary’s (2) COST-SHARING REQUIREMENT.— for the Sierra Vista Subwatershed in the engineering, environmental, and economic (A) FEDERAL SHARE.—The Federal share of State of Arizona, dated June 2007 and pre- investigation of the proposed reservoir and the total cost of the Project shall be 25 per- pared by the Bureau of Reclamation. intertie project taking into consideration cent, which shall be nonreimbursable to the (2) PRINCIPLES AND GUIDELINES.—The term the range of potential solutions and the cir- United States. ‘‘principles and guidelines’’ means the report cumstances and needs of the area to be (B) CREDIT TOWARD NON-FEDERAL SHARE.— entitled ‘‘Economic and Environmental served by the proposed reservoir and intertie The Secretary shall credit toward the non- Principles and Guidelines for Water and Re- project, the potential benefits to the people Federal share of the Project any amounts lated Land Resources Implementation Stud- of that service area, and improved operations that the District provides toward the design, ies’’ issued on March 10, 1983, by the Water of the proposed reservoir and intertie sys- planning, and construction before the date of Resources Council established under title I tem. The Secretary shall indicate in the fea- enactment of this Act. of the Water Resources Planning Act (42 sibility report required under paragraph (4) (3) TITLE.—The District shall hold title to U.S.C. 1962a et seq.). whether the proposed reservoir and intertie any facilities constructed under this section. (3) SECRETARY.—The term ‘‘Secretary’’ project is recommended for construction. (4) OPERATION AND MAINTENANCE COSTS.— means the Secretary of the Interior. (2) FEDERAL COST SHARE.—The Federal The District shall pay the operation and (b) SIERRA VISTA SUBWATERSHED FEASI- share of the costs of the feasibility study maintenance costs of the Project. BILITY STUDY.— shall not exceed 50 percent of the total study (5) EFFECT.—Any assistance provided under (1) STUDY.— costs. The Secretary may accept as part of this section shall not be considered to be a (A) IN GENERAL.—In accordance with the the non-Federal cost share, any contribution supplemental or additional benefit under reclamation laws and the principles and of such in-kind services by the City of San Federal reclamation law (the Act of June 17, guidelines, the Secretary, acting through the Diego and the Sweetwater Authority that 1902 (32 Stat. 388, chapter 1093), and Acts sup- Commissioner of Reclamation, may com- the Secretary determines will contribute to- plemental to and amendatory of that Act (43 plete a feasibility study of alternatives to ward the conduct and completion of the U.S.C. 371 et seq.). augment the water supplies within the Si- study. (c) AUTHORIZATION OF APPROPRIATIONS.— erra Vista Subwatershed in the State of Ari- (3) COOPERATION.—The Secretary shall con- There is authorized to be appropriated to the zona that are identified as appropriate for sult and cooperate with appropriate State, Secretary for the Federal share of the cost of further study in the appraisal report. regional, and local authorities in imple- the Project $4,000,000. (B) INCLUSIONS.—In evaluating the feasi- menting this subsection. (d) TERMINATION OF AUTHORITY.—The au- bility of alternatives under subparagraph (4) FEASIBILITY REPORT.—The Secretary thority of the Secretary to carry out this (A), the Secretary shall— shall submit to Congress a feasibility report section shall expire on the date that is 10 (i) include— for the project the Secretary recommends, years after the date of enactment of this (I) any required environmental reviews; and to seek, as the Secretary deems appro- Act.

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SEC. 9102. MADERA WATER SUPPLY ENHANCE- (B) reasonable costs incurred by the Dis- (i) IN GENERAL.—Any financial assistance MENT PROJECT, CALIFORNIA. trict as a result of participation in the plan- provided under subparagraph (A) shall be ob- (a) DEFINITIONS.—In this section: ning, design, permitting, and construction of ligated and expended only in accordance (1) DISTRICT.—The term ‘‘District’’ means the Project; and with a cooperative agreement entered into the Madera Irrigation District, Madera, Cali- (C) the acquisition costs of lands used or under subsection (d)(1)(B). fornia. acquired by the District for the Project. (ii) LIMITATIONS.—Financial assistance pro- (2) PROJECT.—The term ‘‘Project’’ means (5) LIMITATION.—The Secretary shall not vided under clause (i) shall not be used— the Madera Water Supply Enhancement provide funds for the operation or mainte- (I) for any activity that is inconsistent Project, a groundwater bank on the 13,646- nance of the Project authorized by this sub- with constructing the System; or acre Madera Ranch in Madera, California, section. The operation, ownership, and main- (II) to plan or construct facilities used to owned, operated, maintained, and managed tenance of the Project shall be the sole re- supply irrigation water for irrigated agricul- by the District that will plan, design, and sponsibility of the District. tural purposes. construct recharge, recovery, and delivery (6) PLANS AND ANALYSES CONSISTENT WITH (2) COST-SHARING REQUIREMENT.— systems able to store up to 250,000 acre-feet FEDERAL LAW.—Before obligating funds for (A) IN GENERAL.—The Federal share of the of water and recover up to 55,000 acre-feet of design or construction under this subsection, total cost of any activity or construction water per year, as substantially described in the Secretary shall work cooperatively with carried out using amounts made available the California Environmental Quality Act, the District to use, to the extent possible, under this section shall be not more than 75 Final Environmental Impact Report for the plans, designs, and engineering and environ- percent of the total cost of the System. Madera Irrigation District Water Supply En- mental analyses that have already been pre- (B) SYSTEM DEVELOPMENT COSTS.—For pur- hancement Project, September 2005. pared by the District for the Project. The poses of subparagraph (A), the total cost of (3) SECRETARY.—The term ‘‘Secretary’’ Secretary shall ensure that such information the System shall include any costs incurred means the Secretary of the Interior. as is used is consistent with applicable Fed- by the Authority or the State on or after Oc- (4) TOTAL COST.—The term ‘‘total cost’’ eral laws and regulations. tober 1, 2003, for the development of the Sys- means all reasonable costs, such as the plan- (7) TITLE; RESPONSIBILITY; LIABILITY.— tem. ning, design, permitting, and construction of Nothing in this subsection or the assistance (3) LIMITATION.—No amounts made avail- the Project and the acquisition costs of lands provided under this subsection shall be con- able under this section may be used for the used or acquired by the District for the strued to transfer title, responsibility, or li- construction of the System until— Project. ability related to the Project to the United (A) a plan is developed under subsection (c)(2); and (b) PROJECT FEASIBILITY.— States. (B) the Secretary and the Authority have (1) PROJECT FEASIBLE.—Pursuant to the (8) AUTHORIZATION OF APPROPRIATION.— complied with any requirements of the Na- Reclamation Act of 1902 (32 Stat. 388) and There is authorized to be appropriated to the tional Environmental Policy Act of 1969 (42 Acts amendatory thereof and supplemental Secretary to carry out this subsection U.S.C. 4321 et seq.) applicable to the System. thereto, the Project is feasible and no fur- $22,500,000 or 25 percent of the total cost of (4) TITLE TO PROJECT WORKS.—Title to the ther studies or actions regarding feasibility the Project, whichever is less. infrastructure of the System shall be held by are necessary. (e) SUNSET.—The authority of the Sec- the Authority or as may otherwise be speci- (2) APPLICABILITY OF OTHER LAWS.—The retary to carry out any provisions of this fied under State law. Secretary shall implement the authority section shall terminate 10 years after the (c) OPERATION, MAINTENANCE, AND RE- date of the enactment of this Act. provided in this section in accordance with PLACEMENT COSTS.— all applicable Federal laws, including the SEC. 9103. EASTERN NEW MEXICO RURAL WATER (1) IN GENERAL.—The Authority shall be re- National Environmental Policy Act of 1969 SYSTEM PROJECT, NEW MEXICO. sponsible for the annual operation, mainte- (42 U.S.C. 4321 et seq.) and the Endangered (a) DEFINITIONS.—In this section: nance, and replacement costs associated Species Act of 1973 (7 U.S.C. 136; 16 U.S.C. 460 (1) AUTHORITY.—The term ‘‘Authority’’ with the System. et seq.). means the Eastern New Mexico Rural Water (2) OPERATION, MAINTENANCE, AND REPLACE- (c) COOPERATIVE AGREEMENT.—All final Authority, an entity formed under State law MENT PLAN.—The Authority, in consultation planning and design and the construction of for the purposes of planning, financing, de- with the Secretary, shall develop an oper- the Project authorized by this section shall veloping, and operating the System. ation, maintenance, and replacement plan be undertaken in accordance with a coopera- (2) ENGINEERING REPORT.—The term ‘‘engi- that establishes the rates and fees for bene- tive agreement between the Secretary and neering report’’ means the report entitled ficiaries of the System in the amount nec- the District for the Project. Such coopera- ‘‘Eastern New Mexico Rural Water System essary to ensure that the System is properly tive agreement shall set forth in a manner Preliminary Engineering Report’’ and dated maintained and capable of delivering ap- acceptable to the Secretary and the District October 2006. proximately 16,500 acre-feet of water per the responsibilities of the District for par- (3) PLAN.—The term ‘‘plan’’ means the op- year. ticipating, which shall include— eration, maintenance, and replacement plan (d) ADMINISTRATIVE PROVISIONS.— (1) engineering and design; required by subsection (c)(2). (1) COOPERATIVE AGREEMENTS.— (2) construction; and (4) SECRETARY.—The term ‘‘Secretary’’ (A) IN GENERAL.—The Secretary may enter (3) the administration of contracts per- means the Secretary of the Interior. into any contract, grant, cooperative agree- taining to any of the foregoing. (5) STATE.—The term ‘‘State’’ means the ment, or other agreement that is necessary (d) AUTHORIZATION FOR THE MADERA WATER State of New Mexico. to carry out this section. SUPPLY AND ENHANCEMENT PROJECT.— (6) SYSTEM.— (B) COOPERATIVE AGREEMENT FOR PROVISION (1) AUTHORIZATION OF CONSTRUCTION.—The (A) IN GENERAL.—The term ‘‘System’’ OF FINANCIAL ASSISTANCE.— Secretary, acting pursuant to the Federal means the Eastern New Mexico Rural Water (i) IN GENERAL.—The Secretary shall enter reclamation laws (Act of June 17, 1902; 32 System, a water delivery project designed to into a cooperative agreement with the Au- Stat. 388), and Acts amendatory thereof or deliver approximately 16,500 acre-feet of thority to provide financial assistance and supplementary thereto, is authorized to water per year from the Ute Reservoir to the any other assistance requested by the Au- enter into a cooperative agreement through cities of Clovis, Elida, Grady, Melrose, thority for planning, design, related the Bureau of Reclamation with the District Portales, and Texico and other locations in preconstruction activities, and construction for the support of the final design and con- Curry, Roosevelt, and Quay Counties in the of the System. struction of the Project. State. (ii) REQUIREMENTS.—The cooperative (2) TOTAL COST.—The total cost of the (B) INCLUSIONS.—The term ‘‘System’’ in- agreement entered into under clause (i) Project for the purposes of determining the cludes the major components and associated shall, at a minimum, specify the responsibil- Federal cost share shall not exceed infrastructure identified as the ‘‘Best Tech- ities of the Secretary and the Authority with $90,000,000. nical Alternative’’ in the engineering report. respect to— (3) COST SHARE.—The Federal share of the (7) UTE RESERVOIR.—The term ‘‘Ute Res- (I) ensuring that the cost-share require- capital costs of the Project shall be provided ervoir’’ means the impoundment of water ments established by subsection (b)(2) are on a nonreimbursable basis and shall not ex- created in 1962 by the construction of the Ute met; ceed 25 percent of the total cost. Capital, Dam on the Canadian River, located approxi- (II) completing the planning and final de- planning, design, permitting, construction, mately 32 miles upstream of the border be- sign of the System; and land acquisition costs incurred by the tween New Mexico and Texas. (III) any environmental and cultural re- District prior to the date of the enactment of (b) EASTERN NEW MEXICO RURAL WATER source compliance activities required for the this Act shall be considered a portion of the SYSTEM.— System; and non-Federal cost share. (1) FINANCIAL ASSISTANCE.— (IV) the construction of the System. (4) CREDIT FOR NON-FEDERAL WORK.—The (A) IN GENERAL.—The Secretary may pro- (2) TECHNICAL ASSISTANCE.—At the request District shall receive credit toward the non- vide financial and technical assistance to the of the Authority, the Secretary may provide Federal share of the cost of the Project for— Authority to assist in planning, designing, to the Authority any technical assistance (A) in-kind services that the Secretary de- conducting related preconstruction activi- that is necessary to assist the Authority in termines would contribute substantially to- ties for, and constructing the System. planning, designing, constructing, and oper- ward the completion of the project; (B) USE.— ating the System.

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(3) BIOLOGICAL ASSESSMENT.—The Sec- (3) PROJECT.—The term ‘‘Project’’ means (D) the benefits of rehabilitating and re- retary shall consult with the New Mexico the Jackson Gulch rehabilitation project, a pairing irrigation infrastructure of the Rio Interstate Stream Commission and the Au- program for the rehabilitation of the Jack- Grande Pueblos include— thority in preparing any biological assess- son Gulch Canal system and other infra- (i) water conservation; ment under the Endangered Species Act of structure in the State, as described in the as- (ii) extending available water supplies; 1973 (16 U.S.C. 1531 et seq.) that may be re- sessment. (iii) increased agricultural productivity; quired for planning and constructing the (4) SECRETARY.—The term ‘‘Secretary’’ (iv) economic benefits; System. means the Secretary of the Interior, acting (v) safer facilities; and (4) EFFECT.—Nothing in this section— through the Commissioner of Reclamation. (vi) the preservation of the culture of In- (A) affects or preempts— (5) STATE.—The term ‘‘State’’ means the dian Pueblos in the State; (i) State water law; or State of Colorado. (E) certain Indian Pueblos in the Rio (ii) an interstate compact relating to the (b) AUTHORIZATION OF JACKSON GULCH RE- Grande Basin receive water from facilities allocation of water; or HABILITATION PROJECT.— operated or owned by the Bureau of Rec- (B) confers on any non-Federal entity the (1) IN GENERAL.—Subject to the reimburse- lamation; and ability to exercise any Federal rights to— ment requirement described in paragraph (3), (F) rehabilitation and repair of irrigation (i) the water of a stream; or the Secretary shall pay the Federal share of infrastructure of the Rio Grande Pueblos (ii) any groundwater resource. the total cost of carrying out the Project. would improve— (e) AUTHORIZATION OF APPROPRIATIONS.— (2) USE OF EXISTING INFORMATION.—In pre- (i) overall water management by the Bu- N GENERAL.—In accordance with the ad- (1) I paring any studies relating to the Project, reau of Reclamation; and justment carried out under paragraph (2), the Secretary shall, to the maximum extent (ii) the ability of the Bureau of Reclama- there is authorized to be appropriated to the practicable, use existing studies, including tion to help address potential water supply Secretary to carry out this section an engineering and resource information pro- conflicts in the Rio Grande Basin. amount not greater than $327,000,000. vided by, or at the direction of— (2) PURPOSE.—The purpose of this section (2) ADJUSTMENT.—The amount made avail- (A) Federal, State, or local agencies; and is to direct the Secretary— able under paragraph (1) shall be adjusted to (B) the District. (A) to assess the condition of the irrigation reflect changes in construction costs occur- (3) REIMBURSEMENT REQUIREMENT.— infrastructure of the Rio Grande Pueblos; ring after January 1, 2007, as indicated by en- (A) AMOUNT.—The Secretary shall recover (B) to establish priorities for the rehabili- gineering cost indices applicable to the types from the District as reimbursable expenses tation of irrigation infrastructure of the Rio of construction necessary to carry out this the lesser of— Grande Pueblos in accordance with specified section. (i) the amount equal to 35 percent of the criteria; and ONREIMBURSABLE AMOUNTS.—Amounts (3) N cost of the Project; or (C) to implement projects to rehabilitate made available to the Authority in accord- (ii) $2,900,000. and improve the irrigation infrastructure of ance with the cost-sharing requirement (B) MANNER.—The Secretary shall recover the Rio Grande Pueblos. under subsection (b)(2) shall be nonreimburs- reimbursable expenses under subparagraph (b) DEFINITIONS.—In this section: able and nonreturnable to the United States. (A)— (1) 2004 AGREEMENT.—The term ‘‘2004 Agree- VAILABILITY OF FUNDS.—At the end of (4) A (i) in a manner agreed to by the Secretary ment’’ means the agreement entitled each fiscal year, any unexpended funds ap- and the District; ‘‘Agreement By and Between the United propriated pursuant to this section shall be (ii) over a period of 15 years; and States of America and the Middle Rio retained for use in future fiscal years con- (iii) with no interest. Grande Conservancy District, Providing for sistent with this section. (C) CREDIT.—In determining the exact the Payment of Operation and Maintenance SEC. 9104. RANCHO CAILFORNIA WATER DIS- amount of reimbursable expenses to be re- Charges on Newly Reclaimed Pueblo Indian TRICT PROJECT, CALIFORNIA. covered from the District, the Secretary Lands in the Middle Rio Grande Valley, New (a) IN GENERAL.—The Reclamation Waste- shall credit the District for any amounts it Mexico’’ and executed in September 2004 (in- water and Groundwater Study and Facilities paid before the date of enactment of this Act cluding any successor agreements and Act (Public Law 102–575, title XVI; 43 U.S.C. amendments to the agreement). 390h et seq.) is amended by adding at the end for engineering work and improvements di- (2) DESIGNATED ENGINEER.—The term ‘‘des- the following: rectly associated with the Project. (4) PROHIBITION ON OPERATION AND MAINTE- ignated engineer’’ means a Federal employee ‘‘SEC. 1649. RANCHO CALIFORNIA WATER DIS- designated under the Act of February 14, 1927 TRICT PROJECT, CALIFORNIA. NANCE COSTS.—The District shall be respon- (69 Stat. 1098, chapter 138) to represent the ‘‘(a) AUTHORIZATION.—The Secretary, in co- sible for the operation and maintenance of operation with the Rancho California Water any facility constructed or rehabilitated United States in any action involving the District, California, may participate in the under this section. maintenance, rehabilitation, or preservation design, planning, and construction of perma- (5) LIABILITY.—The United States shall not of the condition of any irrigation structure nent facilities for water recycling, be liable for damages of any kind arising out or facility on land located in the Six Middle demineralization, and desalination, and dis- of any act, omission, or occurrence relating Rio Grande Pueblos. tribution of non-potable water supplies in to a facility rehabilitated or constructed (3) DISTRICT.—The term ‘‘District’’ means Southern Riverside County, California. under this section. the Middle Rio Grande Conservancy District, ‘‘(b) COST SHARING.—The Federal share of (6) EFFECT.—An activity provided Federal a political subdivision of the State estab- the cost of the project described in sub- funding under this section shall not be con- lished in 1925. section (a) shall not exceed 25 percent of the sidered a supplemental or additional benefit (4) PUEBLO IRRIGATION INFRASTRUCTURE.— total cost of the project or $20,000,000, which- under— The term ‘‘Pueblo irrigation infrastructure’’ ever is less. (A) the reclamation laws; or means any diversion structure, conveyance ‘‘(c) LIMITATION.—Funds provided by the (B) the Act of August 11, 1939 (16 U.S.C. facility, or drainage facility that is— Secretary under this section shall not be 590y et seq.). (A) in existence as of the date of enact- used for operation or maintenance of the (7) AUTHORIZATION OF APPROPRIATIONS.— ment of this Act; and project described in subsection (a).’’. There is authorized to be appropriated to the (B) located on land of a Rio Grande Pueblo (b) CLERICAL AMENDMENT.—The table of Secretary to pay the Federal share of the that is associated with— items in section 2 of Public Law 102–575 is total cost of carrying out the Project (i) the delivery of water for the irrigation amended by inserting after the last item the $8,250,000. of agricultural land; or following: (ii) the carriage of irrigation return flows SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO. ‘‘Sec. 1649. Rancho California Water District and excess water from the land that is Project, California.’’. (a) FINDINGS AND PURPOSE.— served. SEC. 9105. JACKSON GULCH REHABILITATION (1) FINDINGS.—Congress finds that— (5) RIO GRANDE BASIN.—The term ‘‘Rio PROJECT, COLORADO. (A) drought, population increases, and en- Grande Basin’’ means the headwaters of the (a) DEFINITIONS.—In this section: vironmental needs are exacerbating water Rio Chama and the Rio Grande Rivers (in- (1) ASSESSMENT.—The term ‘‘assessment’’ supply issues across the western United cluding any tributaries) from the State line means the engineering document that is— States, including the Rio Grande Basin in between Colorado and New Mexico down- (A) entitled ‘‘Jackson Gulch Inlet Canal New Mexico; stream to the elevation corresponding with Project, Jackson Gulch Outlet Canal (B) a report developed by the Bureau of the spillway crest of Elephant Butte Dam at Project, Jackson Gulch Operations Facilities Reclamation and the Bureau of Indian Af- 4,457.3 feet mean sea level. Project: Condition Assessment and Rec- fairs in 2000 identified a serious need for the (6) RIO GRANDE PUEBLO.—The term ‘‘Rio ommendations for Rehabilitation’’; rehabilitation and repair of irrigation infra- Grande Pueblo’’ means any of the 18 Pueblos (B) dated February 2004; and structure of the Rio Grande Pueblos; that— (C) on file with the Bureau of Reclamation. (C) inspection of existing irrigation infra- (A) occupy land in the Rio Grande Basin; (2) DISTRICT.—The term ‘‘District’’ means structure of the Rio Grande Pueblos shows and the Mancos Water Conservancy District es- that many key facilities, such as diversion (B) are included on the list of federally rec- tablished under the Water Conservancy Act structures and main conveyance ditches, are ognized Indian tribes published by the Sec- (Colo. Rev. Stat. 37–45–101 et seq.). unsafe and barely, if at all, operable; retary in accordance with section 104 of the

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.048 S15JAPT1 jbell on PROD1PC69 with SENATE S516 CONGRESSIONAL RECORD — SENATE January 15, 2009 Federally Recognized Indian Tribe List Act the Bureau of Indian Affairs (including the of carrying out a project under paragraph (1) of 1994 (25 U.S.C. 479a–1). designated engineer with respect to each pro- shall be not more than 75 percent. (7) SECRETARY.—The term ‘‘Secretary’’ posed project that affects the Six Middle Rio (ii) EXCEPTION.—The Secretary may waive means the Secretary of the Interior, acting Grande Pueblos), the Chief of the Natural or limit the non-Federal share required through the Commissioner of Reclamation. Resources Conservation Service, and the under clause (i) if the Secretary determines, (8) SIX MIDDLE RIO GRANDE PUEBLOS.—The Chief of Engineers to evaluate the extent to based on a demonstration of financial hard- term ‘‘Six Middle Rio Grande Pueblos’’ which programs under the jurisdiction of the ship by the Rio Grande Pueblo, that the Rio means each of the Pueblos of Cochiti, Santo respective agencies may be used— Grande Pueblo is unable to contribute the Domingo, San Felipe, Santa Ana, Sandia, (A) to assist in evaluating projects to re- required non-Federal share. and Isleta. pair, rehabilitate, or reconstruct Pueblo irri- (B) DISTRICT CONTRIBUTIONS.— (9) SPECIAL PROJECT.—The term ‘‘special gation infrastructure; and (i) IN GENERAL.—The Secretary may accept project’’ has the meaning given the term in (B) to implement— from the District a partial or total contribu- the 2004 Agreement. (i) a project recommended for implementa- tion toward the non-Federal share required (10) STATE.—The term ‘‘State’’ means the tion under paragraph (1)(A)(ii); or for a project carried out under paragraph (1) State of New Mexico. (ii) any other related project (including on- on land located in any of the Six Middle Rio (c) IRRIGATION INFRASTRUCTURE STUDY.— farm improvements) that may be appro- Grande Pueblos if the Secretary determines (1) STUDY.— priately coordinated with the repair, reha- that the project is a special project. (A) IN GENERAL.—On the date of enactment bilitation, or reconstruction of Pueblo irri- (ii) LIMITATION.—Nothing in clause (i) re- of this Act, the Secretary, in accordance gation infrastructure to improve the effi- quires the District to contribute to the non- with subparagraph (B), and in consultation cient use of water in the Rio Grande Basin. Federal share of the cost of a project carried with the Rio Grande Pueblos, shall— (4) REPORT.—Not later than 2 years after out under paragraph (1). (i) conduct a study of Pueblo irrigation in- the date of enactment of this Act, the Sec- (C) STATE CONTRIBUTIONS.— frastructure; and retary shall submit to the Committee on En- (i) IN GENERAL.—The Secretary may accept (ii) based on the results of the study, de- ergy and Natural Resources of the Senate from the State a partial or total contribu- velop a list of projects (including a cost esti- and the Committee on Resources of the tion toward the non-Federal share for a mate for each project), that are rec- House of Representatives a report that in- project carried out under paragraph (1). ommended to be implemented over a 10-year cludes— (ii) LIMITATION.—Nothing in clause (i) re- period to repair, rehabilitate, or reconstruct (A) the list of projects recommended for quires the State to contribute to the non- Pueblo irrigation infrastructure. implementation under paragraph (1)(A)(ii); Federal share of the cost of a project carried (B) REQUIRED CONSENT.—In carrying out and out under paragraph (1). subparagraph (A), the Secretary shall only (B) any findings of the Secretary with re- (D) FORM OF NON-FEDERAL SHARE.—The include each individual Rio Grande Pueblo spect to— non-Federal share under subparagraph (A)(i) that notifies the Secretary that the Pueblo (i) the study conducted under paragraph may be in the form of in-kind contributions, consents to participate in— (1)(A)(i); including the contribution of any valuable (i) the conduct of the study under subpara- (ii) the consideration of the factors under asset or service that the Secretary deter- graph (A)(i); and paragraph (2)(B); and mines would substantially contribute to a (ii) the development of the list of projects (iii) the consultations under paragraph (3). project carried out under paragraph (1). under subparagraph (A)(ii) with respect to ERIODIC REVIEW.—Not later than 4 PERATION AND MAINTENANCE.—The Sec- the Pueblo. (5) P (5) O years after the date on which the Secretary retary may not use any amount made avail- (2) PRIORITY.— submits the report under paragraph (4) and able under subsection (g)(2) to carry out the (A) CONSIDERATION OF FACTORS.— every 4 years thereafter, the Secretary, in operation or maintenance of any project car- (i) IN GENERAL.—In developing the list of projects under paragraph (1)(A)(ii), the Sec- consultation with each Rio Grande Pueblo, ried out under paragraph (1). retary shall— shall— (e) EFFECT ON EXISTING AUTHORITY AND RE- (I) consider each of the factors described in (A) review the report submitted under SPONSIBILITIES.—Nothing in this section— subparagraph (B); and paragraph (4); and (1) affects any existing project-specific (II) prioritize the projects recommended (B) update the list of projects described in funding authority; or for implementation based on— paragraph (4)(A) in accordance with each fac- (2) limits or absolves the United States (aa) a review of each of the factors; and tor described in paragraph (2)(B), as the Sec- from any responsibility to any Rio Grande (bb) a consideration of the projected bene- retary determines to be appropriate. Pueblo (including any responsibility arising fits of the project on completion of the (d) IRRIGATION INFRASTRUCTURE GRANTS.— from a trust relationship or from any Fed- project. (1) IN GENERAL.—The Secretary may pro- eral law (including regulations), Executive (ii) ELIGIBILITY OF PROJECTS.—A project is vide grants to, and enter into contracts or order, or agreement between the Federal eligible to be considered and prioritized by other agreements with, the Rio Grande Government and any Rio Grande Pueblo). the Secretary if the project addresses at Pueblos to plan, design, construct, or other- (f) EFFECT ON PUEBLO WATER RIGHTS OR least 1 factor described in subparagraph (B). wise implement projects to repair, rehabili- STATE WATER LAW.— (B) FACTORS.—The factors referred to in tate, reconstruct, or replace Pueblo irriga- (1) PUEBLO WATER RIGHTS.—Nothing in this subparagraph (A) are— tion infrastructure that are recommended section (including the implementation of (i)(I) the extent of disrepair of the Pueblo for implementation under subsection any project carried out in accordance with irrigation infrastructure; and (c)(1)(A)(ii)— this section) affects the right of any Pueblo (II) the effect of the disrepair on the abil- (A) to increase water use efficiency and ag- to receive, divert, store, or claim a right to ity of the applicable Rio Grande Pueblo to ir- ricultural productivity for the benefit of a water, including the priority of right and the rigate agricultural land using Pueblo irriga- Rio Grande Pueblo; quantity of water associated with the water tion infrastructure; (B) to conserve water; or right under Federal or State law. (ii) whether, and the extent that, the re- (C) to otherwise enhance water manage- (2) STATE WATER LAW.—Nothing in this sec- pair, rehabilitation, or reconstruction of the ment or help avert water supply conflicts in tion preempts or affects— Pueblo irrigation infrastructure would pro- the Rio Grande Basin. (A) State water law; or vide an opportunity to conserve water; (2) LIMITATION.—Assistance provided under (B) an interstate compact governing water. (iii)(I) the economic and cultural impacts paragraph (1) shall not be used for— (g) AUTHORIZATION OF APPROPRIATIONS.— that the Pueblo irrigation infrastructure (A) the repair, rehabilitation, or recon- (1) STUDY.—There is authorized to be ap- that is in disrepair has on the applicable Rio struction of any major impoundment struc- propriated to carry out subsection (c) Grande Pueblo; and ture; or $4,000,000. (II) the economic and cultural benefits (B) any on-farm improvements. (2) PROJECTS.—There is authorized to be that the repair, rehabilitation, or recon- (3) CONSULTATION.—In carrying out a appropriated to carry out subsection (d) struction of the Pueblo irrigation infrastruc- project under paragraph (1), the Secretary $6,000,000 for each of fiscal years 2010 through ture would have on the applicable Rio shall— 2019. Grande Pueblo; (A) consult with, and obtain the approval (iv) the opportunity to address water sup- of, the applicable Rio Grande Pueblo; SEC. 9107. UPPER COLORADO RIVER ENDAN- ply or environmental conflicts in the appli- (B) consult with the Director of the Bureau GERED FISH PROGRAMS. cable river basin if the Pueblo irrigation in- of Indian Affairs; and (a) DEFINITIONS.—Section 2 of Public Law frastructure is repaired, rehabilitated, or re- (C) as appropriate, coordinate the project 106–392 (114 Stat. 1602) is amended— constructed; and with any work being conducted under the ir- (1) in paragraph (5), by inserting ‘‘, reha- (v) the overall benefits of the project to ef- rigation operations and maintenance pro- bilitation, and repair’’ after ‘‘and replace- ficient water operations on the land of the gram of the Bureau of Indian Affairs. ment’’; and applicable Rio Grande Pueblo. (4) COST-SHARING REQUIREMENT.— (2) in paragraph (6), by inserting ‘‘those for (3) CONSULTATION.—In developing the list (A) FEDERAL SHARE.— protection of critical habitat, those for pre- of projects under paragraph (1)(A)(ii), the (i) IN GENERAL.—Except as provided in venting entrainment of fish in water diver- Secretary shall consult with the Director of clause (ii), the Federal share of the total cost sions,’’ after ‘‘instream flows,’’.

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(b) AUTHORIZATION TO FUND RECOVERY PRO- (I) to not assert against the United States United States and the District regarding the GRAMS.—Section 3 of Public Law 106–392 (114 any prior appropriative right the District ratio, amounts, definition of Project yield, Stat. 1603; 120 Stat. 290) is amended— may have to water in excess of the quantity and payment for excess water may be modi- (1) in subsection (a)— deliverable to the District under this sec- fied by an agreement between the parties. (A) in paragraph (1), by striking tion; and (4) CONSIDERATION.— ‘‘$61,000,000’’ and inserting ‘‘$88,000,000’’; (II) to share in the use of the waters im- (A) DEPOSIT OF FUNDS.— (B) in paragraph (2), by striking ‘‘2010’’ and pounded by the Project on the basis of equal (i) IN GENERAL.—Amounts paid to the inserting ‘‘2023’’; and priority and in accordance with the ratio United States under a contract entered into (C) in paragraph (3), by striking ‘‘2010’’ and prescribed in subsection (d)(2). under paragraph (3) shall be— (ii) The agreement and waiver under clause inserting ‘‘2023’’; (I) deposited in the special account estab- (i) and the changes in points of diversion and (2) in subsection (b)— lished for the Department of the Navy under storage under subparagraph (B)— (A) in the matter preceding paragraph (1), section 2667(e)(1) of title 10, United States by striking ‘‘$126,000,000’’ and inserting (I) shall become effective and binding only Code; and ‘‘$209,000,000’’; when the Project has been completed and put (II) shall be available for the purposes (B) in paragraph (1)— into operation; and specified in section 2667(e)(1)(C) of that title. (i) by striking ‘‘$108,000,000’’ and inserting (II) may be varied by agreement between (ii) EXCEPTION.—Section 2667(e)(1)(D) of ‘‘$179,000,000’’; and the District and the Secretary of the Navy. (ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; (D) The Secretary has determined that the title 10, United States Code, shall not apply and Project has completed applicable economic, to amounts deposited in the special account (C) in paragraph (2)— environmental, and engineering feasibility pursuant to this paragraph. (i) by striking ‘‘$18,000,000’’ and inserting studies. (B) IN-KIND CONSIDERATION.—In lieu of mon- ‘‘$30,000,000’’; and (c) COSTS.— etary consideration under subparagraph (A), (ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; (1) IN GENERAL.—As determined by a final or in addition to monetary consideration, and cost allocation after completion of the con- the Secretary of the Navy may accept in- (3) in subsection (c)(4), by striking struction of the Project, the Secretary of the kind consideration in a form and quantity ‘‘$31,000,000’’ and inserting ‘‘$87,000,000’’. Navy shall be responsible to pay upfront or that is acceptable to the Secretary of the repay to the Secretary only that portion of SEC. 9108. SANTA MARGARITA RIVER, CALI- Navy, including— the construction, operation, and mainte- (i) maintenance, protection, alteration, re- FORNIA. nance costs of the Project that the Secretary pair, improvement, or restoration (including (a) DEFINITIONS.—In this section: and the Secretary of the Navy determine re- environmental restoration) of property or fa- (1) DISTRICT.—The term ‘‘District’’ means flects the extent to which the Department of cilities of the Department of the Navy; the Fallbrook Public Utility District, San the Navy benefits from the Project. (ii) construction of new facilities for the Diego County, California. (2) OTHER CONTRACTS.—Notwithstanding (2) PROJECT.—The term ‘‘Project’’ means paragraph (1), the Secretary may enter into Department of the Navy; the impoundment, recharge, treatment, and a contract with the Secretary of the Navy (iii) provision of facilities for use by the other facilities the construction, operation, for the impoundment, storage, treatment, Department of the Navy; watershed management, and maintenance of and carriage of prior rights water for domes- (iv) facilities operation support for the De- which is authorized under subsection (b). tic, municipal, fish and wildlife, industrial, partment of the Navy; and (3) SECRETARY.—The term ‘‘Secretary’’ and other beneficial purposes using Project (v) provision of such other services as the means the Secretary of the Interior. facilities. Secretary of the Navy considers appropriate. (b) AUTHORIZATION FOR CONSTRUCTION OF (d) OPERATION; YIELD ALLOTMENT; DELIV- (C) RELATION TO OTHER LAWS.—Sections SANTA MARGARITA RIVER PROJECT.— ERY.— 2662 and 2802 of title 10, United States Code, (1) AUTHORIZATION.—The Secretary, acting (1) OPERATION.—The Secretary, the Dis- shall not apply to any new facilities the con- pursuant to Federal reclamation law (the trict, or a third party (consistent with sub- struction of which is accepted as in-kind Act of June 17, 1902 (32 Stat. 388, chapter section (f)) may operate the Project, subject consideration under this paragraph. 1093), and Acts supplemental to and amend- to a memorandum of agreement between the (D) CONGRESSIONAL NOTIFICATION.—If the atory of that Act (43 U.S.C. 371 et seq.), to Secretary, the Secretary of the Navy, and in-kind consideration proposed to be pro- the extent that law is not inconsistent with the District and under regulations satisfac- vided under a contract to be entered into this section, may construct, operate, and tory to the Secretary of the Navy with re- under paragraph (3) has a value in excess of maintain the Project substantially in ac- spect to the share of the Project of the De- $500,000, the contract may not be entered cordance with the final feasibility report and partment of the Navy. into until the earlier of— environmental reviews for the Project and (2) YIELD ALLOTMENT.—Except as otherwise this section. agreed between the parties, the Secretary of (i) the end of the 30-day period beginning on the date on which the Secretary of the (2) CONDITIONS.—The Secretary may con- the Navy and the District shall participate struct the Project only after the Secretary in the Project yield on the basis of equal pri- Navy submits to the Committee on Armed determines that the following conditions ority and in accordance with the following Services of the Senate and the Committee on have occurred: ratio: Armed Services of the House of Representa- (A)(i) The District and the Secretary of the (A) 60 percent of the yield of the Project is tives a report describing the contract and Navy have entered into contracts under sub- allotted to the Secretary of the Navy. the form and quantity of the in-kind consid- sections (c)(2) and (e) of section 9 of the Rec- (B) 40 percent of the yield of the Project is eration; or lamation Project Act of 1939 (43 U.S.C. 485h) allotted to the District. (ii) the end of the 14-day period beginning to repay to the United States equitable and (3) CONTRACTS FOR DELIVERY OF EXCESS on the date on which a copy of the report re- appropriate portions, as determined by the WATER.— ferred to in clause (i) is provided in an elec- Secretary, of the actual costs of con- (A) EXCESS WATER AVAILABLE TO OTHER tronic medium pursuant to section 480 of structing, operating, and maintaining the PERSONS.—If the Secretary of the Navy cer- title 10, United States Code. Project. tifies to the official agreed on to administer (e) REPAYMENT OBLIGATION OF THE DIS- (ii) As an alternative to a repayment con- the Project that the Department of the Navy TRICT.— tract with the Secretary of the Navy de- does not have immediate need for any por- (1) DETERMINATION.— scribed in clause (i), the Secretary may tion of the 60 percent of the yield of the (A) IN GENERAL.—Except as otherwise pro- allow the Secretary of the Navy to satisfy all Project allotted to the Secretary of the Navy or a portion of the repayment obligation for under paragraph (2), the official may enter vided in this paragraph, the general repay- construction of the Project on the payment into temporary contracts for the sale and de- ment obligation of the District shall be de- of the share of the Secretary of the Navy livery of the excess water. termined by the Secretary consistent with prior to the initiation of construction, sub- (B) FIRST RIGHT FOR EXCESS WATER.—The subsections (c)(2) and (e) of section 9 of the ject to a final cost allocation as described in first right to excess water made available Reclamation Project Act of 1939 (43 U.S.C. subsection (c). under subparagraph (A) shall be given the 485h) to repay to the United States equitable (B) The officer or agency of the State of District, if otherwise consistent with the and appropriate portions, as determined by California authorized by law to grant per- laws of the State of California. the Secretary, of the actual costs of con- mits for the appropriation of water has (C) CONDITION OF CONTRACTS.—Each con- structing, operating, and maintaining the granted the permits to the Bureau of Rec- tract entered into under subparagraph (A) Project. lamation for the benefit of the Secretary of for the sale and delivery of excess water (B) GROUNDWATER.—For purposes of calcu- the Navy and the District as permittees for shall include a condition that the Secretary lating interest and determining the time rights to the use of water for storage and di- of the Navy has the right to demand the when the repayment obligation of the Dis- version as provided in this section, including water, without charge and without obliga- trict to the United States commences, the approval of all requisite changes in points of tion on the part of the United States, after 30 pumping and treatment of groundwater from diversion and storage, and purposes and days notice. the Project shall be deemed equivalent to places of use. (D) MODIFICATION OF RIGHTS AND OBLIGA- the first use of water from a water storage (C)(i) The District has agreed— TIONS.—The rights and obligations of the project.

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(C) CONTRACTS FOR DELIVERY OF EXCESS (i) REPORTS TO CONGRESS.—Not later than 2 ‘‘(C) water reclamation and reuse; WATER.—There shall be no repayment obliga- years after the date of the enactment of this ‘‘(D) groundwater recharge and protection; tion under this subsection for water deliv- Act and periodically thereafter, the Sec- ‘‘(E) surface water augmentation; or ered to the District under a contract de- retary and the Secretary of the Navy shall ‘‘(F) other related improvements. scribed in subsection (d)(3). each submit to the appropriate committees ‘‘(3) STATE.—The term ‘State’ means the (2) MODIFICATION OF RIGHTS AND OBLIGATION of Congress reports that describe whether State of California. BY AGREEMENT.—The rights and obligations the conditions specified in subsection (b)(2) ‘‘(b) NORTH BAY WATER REUSE PROGRAM.— of the United States and the District regard- have been met and if so, the manner in which ‘‘(1) IN GENERAL.—Contingent upon a find- ing the repayment obligation of the District the conditions were met. ing of feasibility, the Secretary, acting may be modified by an agreement between (j) AUTHORIZATION OF APPROPRIATIONS.— through a cooperative agreement with the the parties. There is authorized to be appropriated to State or a subdivision of the State, is au- (f) TRANSFER OF CARE, OPERATION, AND carry out this section— thorized to enter into cooperative agree- MAINTENANCE.— (1) $60,000,000, as adjusted to reflect the en- ments with eligible entities for the planning, (1) IN GENERAL.—The Secretary may trans- gineering costs indices for the construction design, and construction of water reclama- fer to the District, or a mutually agreed cost of the Project; and tion and reuse facilities and recycled water upon third party, the care, operation, and (2) such sums as are necessary to operate conveyance and distribution systems. maintenance of the Project under conditions and maintain the Project. ‘‘(2) COORDINATION WITH OTHER FEDERAL that are— (k) SUNSET.—The authority of the Sec- AGENCIES.—In carrying out this section, the (A) satisfactory to the Secretary and the retary to complete construction of the Secretary and the eligible entity shall, to District; and Project shall terminate on the date that is 10 the maximum extent practicable, use the de- (B) with respect to the portion of the years after the date of enactment of this sign work and environmental evaluations Project that is located within the boundaries Act. initiated by— of Camp Pendleton, satisfactory to the Sec- SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER ‘‘(A) non-Federal entities; and retary, the District, and the Secretary of the DISTRICT. ‘‘(B) the Corps of Engineers in the San Navy. (a) IN GENERAL.—The Reclamation Waste- Pablo Bay Watershed of the State. (2) EQUITABLE CREDIT.— water and Groundwater Study and Facilities ‘‘(3) PHASED PROJECT.—A cooperative (A) IN GENERAL.—In the event of a transfer Act (Public Law 102–575, title XVI; 43 U.S.C. agreement described in paragraph (1) shall under paragraph (1), the District shall be en- 390h et seq.) (as amended by section 9104(a)) require that the North Bay Water Reuse Pro- titled to an equitable credit for the costs as- is amended by adding at the end the fol- gram carried out under this section shall sociated with the proportionate share of the lowing: consist of 2 phases as follows: Secretary of the operation and maintenance ‘‘SEC. 1650. ELSINORE VALLEY MUNICIPAL ‘‘(A) FIRST PHASE.—During the first phase, of the Project. WATER DISTRICT PROJECTS, CALI- the Secretary and an eligible entity shall (B) APPLICATION.—The amount of costs de- FORNIA. complete the planning, design, and construc- scribed in subparagraph (A) shall be applied ‘‘(a) AUTHORIZATION.—The Secretary, in co- tion of the main treatment and main convey- against the indebtedness of the District to operation with the Elsinore Valley Munic- ance systems. the United States. ipal Water District, California, may partici- ‘‘(B) SECOND PHASE.—During the second (g) SCOPE OF SECTION.— pate in the design, planning, and construc- phase, the Secretary and an eligible entity (1) IN GENERAL.—Except as otherwise pro- tion of permanent facilities needed to estab- shall complete the planning, design, and con- vided in this section, for the purpose of this lish recycled water distribution and waste- struction of the sub-regional distribution section, the laws of the State of California water treatment and reclamation facilities systems. shall apply to the rights of the United States that will be used to treat wastewater and ‘‘(4) COST SHARING.— pertaining to the use of water under this sec- provide recycled water in the Elsinore Val- ‘‘(A) FEDERAL SHARE.—The Federal share tion. ley Municipal Water District, California. of the cost of the first phase of the project (2) LIMITATIONS.—Nothing in this section— ‘‘(b) COST SHARING.—The Federal share of authorized by this section shall not exceed 25 (A) provides a grant or a relinquishment by the cost of each project described in sub- percent of the total cost of the first phase of the United States of any rights to the use of section (a) shall not exceed 25 percent of the the project. water that the United States acquired ac- total cost of the project. ‘‘(B) FORM OF NON-FEDERAL SHARE.—The cording to the laws of the State of Cali- ‘‘(c) LIMITATION.—Funds provided by the non-Federal share may be in the form of any fornia, either as a result of the acquisition of Secretary under this section shall not be in-kind services that the Secretary deter- the land comprising Camp Joseph H. Pen- used for operation or maintenance of the mines would contribute substantially toward dleton and adjoining naval installations, and projects described in subsection (a). the completion of the water reclamation and the rights to the use of water as a part of ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— reuse project, including— that acquisition, or through actual use or There is authorized to be appropriated to ‘‘(i) reasonable costs incurred by the eligi- prescription or both since the date of that carry out this section $12,500,000.’’. ble entity relating to the planning, design, acquisition, if any; (b) CLERICAL AMENDMENT.—The table of and construction of the water reclamation (B) creates any legal obligation to store sections in section 2 of Public Law 102–575 (as and reuse project; and any water in the Project, to the use of which amended by section 9104(b)) is amended by ‘‘(ii) the acquisition costs of land acquired the United States has those rights; inserting after the item relating to section for the project that is— (C) requires the division under this section 1649 the following: ‘‘(I) used for planning, design, and con- of water to which the United States has ‘‘Sec. 1650. Elsinore Valley Municipal Water struction of the water reclamation and reuse those rights; or District Projects, California.’’. project facilities; and (D) constitutes a recognition of, or an ad- SEC. 9110. NORTH BAY WATER REUSE AUTHOR- ‘‘(II) owned by an eligible entity and di- mission by the United States that, the Dis- ITY. rectly related to the project. trict has any rights to the use of water in (a) PROJECT AUTHORIZATION.—The Rec- ‘‘(C) LIMITATION.—The Secretary shall not the Santa Margarita River, which rights, if lamation Wastewater and Groundwater provide funds for the operation and mainte- any, exist only by virtue of the laws of the Study and Facilities Act (Public Law 102–575, nance of the project authorized by this sec- State of California. title XVI; 43 U.S.C. 390h et seq.) (as amended tion. (h) LIMITATIONS ON OPERATION AND ADMIN- by section 9109(a)) is amended by adding at ‘‘(5) EFFECT.—Nothing in this section— ISTRATION.—Unless otherwise agreed by the the end the following: ‘‘(A) affects or preempts— Secretary of the Navy, the Project— ‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM. ‘‘(i) State water law; or (1) shall be operated in a manner which al- ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) an interstate compact relating to the lows the free passage of all of the water to ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible allocation of water; or the use of which the United States is enti- entity’ means a member agency of the North ‘‘(B) confers on any non-Federal entity the tled according to the laws of the State of Bay Water Reuse Authority of the State lo- ability to exercise any Federal right to— California either as a result of the acquisi- cated in the North San Pablo Bay watershed ‘‘(i) the water of a stream; or tion of the land comprising Camp Joseph H. in— ‘‘(ii) any groundwater resource. Pendleton and adjoining naval installations, ‘‘(A) Marin County; ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— and the rights to the use of water as a part ‘‘(B) Napa County; There is authorized to be appropriated for of those acquisitions, or through actual use ‘‘(C) Solano County; or the Federal share of the total cost of the or prescription, or both, since the date of ‘‘(D) Sonoma County. first phase of the project authorized by this that acquisition, if any; and ‘‘(2) WATER RECLAMATION AND REUSE section $25,000,000, to remain available until (2) shall not be administered or operated in PROJECT.—The term ‘water reclamation and expended.’’. any way that will impair or deplete the reuse project’ means a project carried out by (b) CONFORMING AMENDMENT.—The table of quantities of water the use of which the the Secretary and an eligible entity in the sections in section 2 of Public Law 102–575 (as United States would be entitled under the North San Pablo Bay watershed relating to— amended by section 9109(b)) is amended by laws of the State of California had the ‘‘(A) water quality improvement; inserting after the item relating to section Project not been built. ‘‘(B) wastewater treatment; 1650 the following:

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.049 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S519

‘‘Sec. 1651. North Bay water reuse pro- ‘‘1653. Lower Chino dairy area desalination ‘‘(b) COST SHARE.—The Federal share of the gram.’’. demonstration and reclamation costs of the project described in subsection SEC. 9111. PRADO BASIN NATURAL TREATMENT project.’’. (a) shall not exceed 25 percent of the total SYSTEM PROJECT, CALIFORNIA. (c) ORANGE COUNTY REGIONAL WATER REC- cost. (a) PRADO BASIN NATURAL TREATMENT SYS- LAMATION PROJECT.—Section 1624 of the Rec- ‘‘(c) LIMITATION.—The Secretary shall not TEM PROJECT.— lamation Wastewater and Groundwater provide funds for the following: (1) IN GENERAL.—The Reclamation Waste- Study and Facilities Act (Public Law 102–575, ‘‘(1) The operations and maintenance of the water and Groundwater Study and Facilities title XVI; 43 U.S.C. 390h–12j) is amended— project described in subsection (a). Act (Public Law 102–575, title XVI; 43 U.S.C. (1) in the section heading, by striking the ‘‘(2) The construction, operations, and 390h et seq.) (as amended by section 9110(a)) words ‘‘phase 1 of the’’; and maintenance of the visitor’s center related is amended by adding at the end the fol- (2) in subsection (a), by striking ‘‘phase 1 to the project described in subsection (a). lowing: of’’. ‘‘(d) SUNSET OF AUTHORITY.—The authority ‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SEC. 9112. BUNKER HILL GROUNDWATER BASIN, of the Secretary to carry out any provisions SYSTEM PROJECT. CALIFORNIA. of this section shall terminate 10 years after ‘‘(a) IN GENERAL.—The Secretary, in co- (a) DEFINITIONS.—In this section: the date of the enactment of this section.’’. operation with the Orange County Water (1) DISTRICT.—The term ‘‘District’’ means (b) CLERICAL AMENDMENT.—The table of District, shall participate in the planning, the Western Municipal Water District, Riv- sections in section 2 of the Reclamation design, and construction of natural treat- erside County, California. Projects Authorization and Adjustment Act ment systems and wetlands for the flows of (2) PROJECT.— of 1992 (as amended by section 9111(b)(2)) is the Santa Ana River, California, and its trib- (A) IN GENERAL.—The term ‘‘Project’’ amended by inserting after the last item the utaries into the Prado Basin. means the Riverside-Corona Feeder Project. following: ‘‘(b) COST SHARING.—The Federal share of (B) INCLUSIONS.—The term ‘‘Project’’ in- ‘‘Sec. 1654. Oxnard, California, water rec- the cost of the project described in sub- cludes— lamation, reuse, and treatment section (a) shall not exceed 25 percent of the (i) 20 groundwater wells; project.’’. total cost of the project. (ii) groundwater treatment facilities; SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, ‘‘(c) LIMITATION.—Funds provided by the (iii) water storage and pumping facilities; CALIFORNIA. Secretary shall not be used for the operation and (a) IN GENERAL.—The Reclamation Waste- and maintenance of the project described in (iv) 28 miles of pipeline in San Bernardino water and Groundwater Study and Facilities subsection (a). and Riverside Counties in the State of Cali- Act (Public Law 102–575, title XVI; 43 U.S.C. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— fornia. 390h et seq.) (as amended by section 9113(a)) There is authorized to be appropriated to (C) SECRETARY.—The term ‘‘Secretary’’ is amended by adding at the end the fol- carry out this section $10,000,000. means the Secretary of the Interior. lowing: ‘‘(e) SUNSET OF AUTHORITY.—This section (b) PLANNING, DESIGN, AND CONSTRUCTION ‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER shall have no effect after the date that is 10 OF RIVERSIDE-CORONA FEEDER.— SUPPLY RENEWAL PROJECT. years after the date of the enactment of this (1) IN GENERAL.—The Secretary, in coopera- ‘‘(a) AUTHORIZATION.—The Secretary, in co- section.’’. tion with the District, may participate in operation with the Yucaipa Valley Water (2) CONFORMING AMENDMENT.—The table of the planning, design, and construction of the District, may participate in the design, plan- sections in section 2 of Public Law 102–575 (43 Project. ning, and construction of projects to treat U.S.C. prec. 371) (as amended by section (2) AGREEMENTS AND REGULATIONS.—The impaired surface water, reclaim and reuse 9110(b)) is amended by inserting after the Secretary may enter into such agreements impaired groundwater, and provide brine dis- last item the following: and promulgate such regulations as are nec- posal within the Santa Ana Watershed as de- essary to carry out this subsection. ‘‘1652. Prado Basin Natural Treatment Sys- scribed in the report submitted under section (3) FEDERAL SHARE.— tem Project.’’. 1606. (A) PLANNING, DESIGN, CONSTRUCTION.—The ‘‘(b) COST SHARING.—The Federal share of (b) LOWER CHINO DAIRY AREA DESALINATION Federal share of the cost to plan, design, and the cost of the project described in sub- DEMONSTRATION AND RECLAMATION construct the Project shall not exceed the section (a) shall not exceed 25 percent of the PROJECT.— lesser of— total cost of the project. (1) IN GENERAL.—The Reclamation Waste- (i) an amount equal to 25 percent of the ‘‘(c) LIMITATION.—Funds provided by the water and Groundwater Study and Facilities total cost of the Project; and Secretary shall not be used for operation or Act (Public Law 102–575, title XVI; 43 U.S.C. (ii) $26,000,000. maintenance of the project described in sub- 390h et seq.) (as amended by subsection (B) STUDIES.—The Federal share of the cost section (a). (a)(1)) is amended by adding at the end the to complete the necessary planning studies ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— following: associated with the Project— There is authorized to be appropriated to ‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALI- (i) shall not exceed an amount equal to 50 carry out this section $20,000,000. NATION DEMONSTRATION AND REC- percent of the total cost of the studies; and ‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, LAMATION PROJECT. (ii) shall be included as part of the limita- CALIFORNIA, WATER RECYCLING ‘‘(a) IN GENERAL.—The Secretary, in co- tion described in subparagraph (A). AND REUSE PROJECT. operation with the Chino Basin (4) IN-KIND SERVICES.—The non-Federal ‘‘(a) AUTHORIZATION.—The Secretary, in co- Watermaster, the Inland Empire Utilities share of the cost of the Project may be pro- operation with the City of Corona Water Agency, and the Santa Ana Watershed vided in cash or in kind. Utility, California, is authorized to partici- Project Authority and acting under the Fed- (5) LIMITATION.—Funds provided by the pate in the design, planning, and construc- eral reclamation laws, shall participate in Secretary under this subsection shall not be tion of, and land acquisition for, a project to the design, planning, and construction of the used for operation or maintenance of the reclaim and reuse wastewater, including de- Lower Chino Dairy Area desalination dem- Project. graded groundwaters, within and outside of onstration and reclamation project. (6) AUTHORIZATION OF APPROPRIATIONS.— the service area of the City of Corona Water ‘‘(b) COST SHARING.—The Federal share of There is authorized to be appropriated to the Utility, California. the cost of the project described in sub- Secretary to carry out this subsection the ‘‘(b) COST SHARE.—The Federal share of the section (a) shall not exceed— lesser of— cost of the project authorized by this section ‘‘(1) 25 percent of the total cost of the (A) an amount equal to 25 percent of the shall not exceed 25 percent of the total cost project; or total cost of the Project; and of the project. ‘‘(2) $26,000,000. (B) $26,000,000. ‘‘(c) LIMITATION.—The Secretary shall not ‘‘(c) LIMITATION.—Funds provided by the provide funds for the operation and mainte- SEC. 9113. GREAT PROJECT, CALIFORNIA. Secretary shall not be used for operation or nance of the project authorized by this sec- (a) IN GENERAL.—The Reclamation Waste- tion.’’. maintenance of the project described in sub- water and Groundwater Study and Facilities (b) CONFORMING AMENDMENTS.—The table section (a). Act (title XVI of Public Law 102–575; 43 of sections in section 2 of Public Law 102–575 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 390h et seq.) (as amended by section (as amended by section 9114(b)) is amended There are authorized to be appropriated such 9111(b)(1)) is amended by adding at the end sums as are necessary to carry out this sec- the following: by inserting after the last item the fol- lowing: tion. ‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER REC- ‘‘(e) SUNSET OF AUTHORITY.—This section LAMATION, REUSE, AND TREATMENT ‘‘Sec. 1655. Yucaipa Valley Regional Water shall have no effect after the date that is 10 PROJECT. Supply Renewal Project. years after the date of the enactment of this ‘‘(a) AUTHORIZATION.—The Secretary, in co- ‘‘Sec. 1656. City of Corona Water Utility, section.’’. operation with the City of Oxnard, Cali- California, water recycling and (2) CONFORMING AMENDMENT.—The table of fornia, may participate in the design, plan- reuse project.’’. sections in section 2 of Public Law 102–575 (43 ning, and construction of Phase I permanent SEC. 9115. ARKANSAS VALLEY CONDUIT, COLO- U.S.C. prec. 371) (as amended by subsection facilities for the GREAT project to reclaim, RADO. (a)(2)) is amended by inserting after the last reuse, and treat impaired water in the area (a) COST SHARE.—The first section of Pub- item the following: of Oxnard, California. lic Law 87–590 (76 Stat. 389) is amended in the

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.049 S15JAPT1 jbell on PROD1PC69 with SENATE S520 CONGRESSIONAL RECORD — SENATE January 15, 2009 second sentence of subsection (c) by insert- 2115 and entitled ‘‘Agreement Between the able to any comparable entity that is not ing after ‘‘cost thereof,’’ the following: ‘‘or United States of America and McGee Creek subject to reclamation laws. in the case of the Arkansas Valley Conduit, Authority for the Purpose of Defining Re- (3) RELEASE FROM LIABILITY.— payment in an amount equal to 35 percent of sponsibilities Related to and Implementing (A) IN GENERAL.—Effective beginning on the cost of the conduit that is comprised of the Title Transfer of Certain Facilities at the date of the conveyance of the land and revenue generated by payments pursuant to the McGee Creek Project, Oklahoma’’. facilities under paragraph (1)(A), the United a repayment contract and revenue that may (2) AUTHORITY.—The term ‘‘Authority’’ States shall not be liable for damages of any be derived from contracts for the use of means the McGee Creek Authority located in kind arising out of any act, omission, or oc- Fryingpan-Arkansas project excess capacity Oklahoma City, Oklahoma. currence relating to any land or facilities or exchange contracts using Fryingpan-Ar- (3) SECRETARY.—The term ‘‘Secretary’’ conveyed, except for damages caused by acts kansas project facilities,’’. means the Secretary of the Interior. of negligence committed by the United (b) RATES.—Section 2(b) of Public Law 87– (b) CONVEYANCE OF MCGEE CREEK PROJECT States (including any employee or agent of 590 (76 Stat. 390) is amended— PIPELINE AND ASSOCIATED FACILITIES.— the United States) before the date of the con- (1) by striking ‘‘(b) Rates’’ and inserting (1) AUTHORITY TO CONVEY.— veyance. the following: (A) IN GENERAL.—In accordance with all ap- (B) NO ADDITIONAL LIABILITY.—Nothing in ‘‘(b) RATES.— plicable laws and consistent with any terms this paragraph adds to any liability that the ‘‘(1) IN GENERAL.—Rates’’; and and conditions provided in the Agreement, United States may have under chapter 171 of (2) by adding at the end the following: the Secretary may convey to the Authority title 28, United States Code. ‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN all right, title, and interest of the United (4) CONTRACTUAL OBLIGATIONS.— VALLEY PIPELINE, AND SOUTH OUTLET WORKS States in and to the pipeline and any associ- (A) IN GENERAL.—Except as provided in AT PUEBLO DAM AND RESERVOIR.— ated facilities described in the Agreement, subparagraph (B), any rights and obligations ‘‘(A) IN GENERAL.—Notwithstanding the including— under the contract numbered 0–07–50–X0822 reclamation laws, until the date on which (i) the pumping plant; and dated October 11, 1979, between the Au- the payments for the Arkansas Valley Con- (ii) the raw water pipeline from the McGee thority and the United States for the con- duit under paragraph (3) begin, any revenue Creek pumping plant to the rate of flow con- struction, operation, and maintenance of the that may be derived from contracts for the trol station at Lake Atoka; McGee Creek Project, shall remain in full use of Fryingpan-Arkansas project excess ca- (iii) the surge tank; force and effect. pacity or exchange contracts using (iv) the regulating tank; (B) AMENDMENTS.—With the consent of the Fryingpan-Arkansas project facilities shall (v) the McGee Creek operation and mainte- Authority, the Secretary may amend the be credited towards payment of the actual nance complex, maintenance shop, and pole contract described in subparagraph (A) to re- cost of Ruedi Dam and Reservoir, the Foun- barn; and flect the conveyance of the land and facili- tain Valley Pipeline, and the South Outlet (vi) any other appurtenances, easements, ties under paragraph (1)(A). Works at Pueblo Dam and Reservoir plus in- and fee title land associated with the facili- (5) APPLICABILITY OF THE RECLAMATION terest in an amount determined in accord- ties described in clauses (i) through (v), in LAWS.—Notwithstanding the conveyance of ance with this section. accordance with the Agreement. the land and facilities under paragraph ‘‘(B) EFFECT.—Nothing in the Federal rec- (B) EXCLUSION OF MINERAL ESTATE FROM (1)(A), the reclamation laws shall continue lamation law (the Act of June 17, 1902 (32 CONVEYANCE.— to apply to any project water provided to the Stat. 388, chapter 1093), and Acts supple- (i) IN GENERAL.—The mineral estate shall Authority. mental to and amendatory of that Act (43 be excluded from the conveyance of any land SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, U.S.C. 371 et seq.)) prohibits the concurrent or facilities under subparagraph (A). NEW MEXICO, TITLE CLARIFICA- crediting of revenue (with interest as pro- (ii) MANAGEMENT.—Any mineral interests TION. vided under this section) towards payment of retained by the United States under this sec- (a) PURPOSE.—The purpose of this section the Arkansas Valley Conduit as provided tion shall be managed— is to direct the Secretary of the Interior to under this paragraph. (I) consistent with Federal law; and issue a quitclaim deed conveying any right, ‘‘(3) ARKANSAS VALLEY CONDUIT.— (II) in a manner that would not interfere title, and interest the United States may ‘‘(A) USE OF REVENUE.—Notwithstanding with the purposes for which the McGee Creek have in and to Tingley Beach, San Gabriel the reclamation laws, any revenue derived Project was authorized. Park, or the BioPark Parcels to the City, from contracts for the use of Fryingpan-Ar- (C) COMPLIANCE WITH AGREEMENT; APPLICA- thereby removing a potential cloud on the kansas project excess capacity or exchange BLE LAW.— City’s title to these lands. contracts using Fryingpan-Arkansas project (i) AGREEMENT.—All parties to the convey- (b) DEFINITIONS.—In this section: facilities shall be credited towards payment ance under subparagraph (A) shall comply (1) CITY.—The term ‘‘City’’ means the City of the actual cost of the Arkansas Valley with the terms and conditions of the Agree- of Albuquerque, New Mexico. Conduit plus interest in an amount deter- ment, to the extent consistent with this sec- (2) BIOPARK PARCELS.—The term ‘‘BioPark mined in accordance with this section. tion. Parcels’’ means a certain area of land con- ‘‘(B) ADJUSTMENT OF RATES.—Any rates (ii) APPLICABLE LAW.—Before any convey- taining 19.16 acres, more or less, situated charged under this section for water for mu- ance under subparagraph (A), the Secretary within the Town of Albuquerque Grant, in nicipal, domestic, or industrial use or for the shall complete any actions required under— Projected Section 13, Township 10 North, use of facilities for the storage or delivery of (I) the National Environmental Policy Act Range 2 East, N.M.P.M., City of Albu- water shall be adjusted to reflect the esti- of 1969 (42 U.S.C. 4321 et seq.); querque, Bernalillo County, New Mexico, mated revenue derived from contracts for (II) the Endangered Species Act of 1973 (16 comprised of the following platted tracts and the use of Fryingpan-Arkansas project ex- U.S.C. 1531 et seq.); lot, and MRGCD tracts: cess capacity or exchange contracts using (III) the National Historic Preservation (A) Tracts A and B, Albuquerque Biological Fryingpan-Arkansas project facilities.’’. Act (16 U.S.C. 470 et seq.); and Park, as the same are shown and designated (c) AUTHORIZATION OF APPROPRIATIONS.— (IV) any other applicable laws. on the Plat of Tracts A & B, Albuquerque Bi- Section 7 of Public Law 87–590 (76 Stat. 393) (2) OPERATION OF TRANSFERRED FACILI- ological Park, recorded in the Office of the is amended— TIES.— County Clerk of Bernalillo County, New (1) by striking ‘‘SEC. 7. There is hereby’’ (A) IN GENERAL.—On the conveyance of the Mexico on February 11, 1994 in Book 94C, and inserting the following: land and facilities under paragraph (1)(A), Page 44; containing 17.9051 acres, more or ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. the Authority shall comply with all applica- less. ‘‘(a) IN GENERAL.—There is’’; and ble Federal, State, and local laws (including (B) Lot B–1, Roger Cox Addition, as the (2) by adding at the end the following: regulations) in the operation of any trans- same is shown and designated on the Plat of ‘‘(b) ARKANSAS VALLEY CONDUIT.— ferred facilities. Lots B–1 and B–2 Roger Cox Addition, re- ‘‘(1) IN GENERAL.—Subject to annual appro- (B) OPERATION AND MAINTENANCE COSTS.— corded in the Office of the County Clerk of priations and paragraph (2), there are au- (i) IN GENERAL.—After the conveyance of Bernalillo County, New Mexico on October 3, thorized to be appropriated such sums as are the land and facilities under paragraph (1)(A) 1985 in Book C28, Page 99; containing 0.6289 necessary for the construction of the Arkan- and consistent with the Agreement, the Au- acres, more or less. sas Valley Conduit. thority shall be responsible for all duties and (C) Tract 361 of MRGCD Map 38, bounded ‘‘(2) LIMITATION.—Amounts made available costs associated with the operation, replace- on the north by Tract A, Albuquerque Bio- under paragraph (1) shall not be used for the ment, maintenance, enhancement, and bet- logical Park, on the east by the westerly operation or maintenance of the Arkansas terment of the transferred land and facili- right-of-way of Central Avenue, on the south Valley Conduit.’’. ties. by Tract 332B MRGCD Map 38, and on the Subtitle C—Title Transfers and Clarifications (ii) LIMITATION ON FUNDING.—The Author- west by Tract B, Albuquerque Biological SEC. 9201. TRANSFER OF MCGEE CREEK PIPE- ity shall not be eligible to receive any Fed- Park; containing 0.30 acres, more or less. LINE AND FACILITIES. eral funding to assist in the operation, re- (D) Tract 332B of MRGCD Map 38; bounded (a) DEFINITIONS.—In this section: placement, maintenance, enhancement, and on the north by Tract 361, MRGCD Map 38, (1) AGREEMENT.—The term ‘‘Agreement’’ betterment of the transferred land and facili- on the west by Tract 32A–1–A, MRGCD Map means the agreement numbered 06–AG–60– ties, except for funding that would be avail- 38, and on the south and east by the westerly

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.049 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S521 right-of-way of Central Avenue; containing the United States and the District, entitled Subtitle D—San Gabriel Basin Restoration 0.25 acres, more or less. ‘‘Agreement Between the United States and Fund (E) Tract 331A–1A of MRGCD Map 38, the Goleta Water District to Transfer Title SEC. 9301. RESTORATION FUND. bounded on the west by Tract B, Albu- of the Federally Owned Distribution System querque Biological Park, on the east by to the Goleta Water District’’. Section 110 of division B of the Miscella- Tract 332B, MRGCD Map 38, and on the south (2) DISTRICT.—The term ‘‘District’’ means neous Appropriations Act, 2001 (114 Stat. by the westerly right-of-way of Central Ave- the Goleta Water District, located in Santa 2763A–222), as enacted into law by section nue and Tract A, Albuquerque Biological Barbara County, California. 1(a)(4) of the Consolidated Appropriations Park; containing 0.08 acres, more or less. (3) GOLETA WATER DISTRIBUTION SYSTEM.— Act, 2001 (Public Law 106–554, as amended by (3) MIDDLE RIO GRANDE CONSERVANCY DIS- The term ‘‘Goleta Water Distribution Sys- Public Law 107–66), is further amended— TRICT.—The terms ‘‘Middle Rio Grande Con- tem’’ means the facilities constructed by the (1) in subsection (a)(3)(B), by inserting servancy District’’ and ‘‘MRGCD’’ mean a United States to enable the District to con- after clause (iii) the following: political subdivision of the State of New vey water to its water users, and associated ‘‘(iv) NON-FEDERAL MATCH.—After Mexico, created in 1925 to provide and main- lands, as described in Appendix A of the $85,000,000 has cumulatively been appro- tain flood protection and drainage, and Agreement. priated under subsection (d)(1), the remain- maintenance of ditches, canals, and distribu- (4) SECRETARY.—The term ‘‘Secretary’’ der of Federal funds appropriated under sub- tion systems for irrigation and water deliv- means the Secretary of the Interior. section (d) shall be subject to the following ery and operations in the Middle Rio Grande matching requirement: (b) CONVEYANCE OF THE GOLETA WATER DIS- Valley. ‘‘(I) SAN GABRIEL BASIN WATER QUALITY AU- TRIBUTION SYSTEM.—The Secretary is author- (4) MIDDLE RIO GRANDE PROJECT.—The term THORITY.—The San Gabriel Basin Water ized to convey to the District all right, title, ‘‘Middle Rio Grande Project’’ means the Quality Authority shall be responsible for and interest of the United States in and to works associated with water deliveries and providing a 35 percent non-Federal match for the Goleta Water Distribution System of the operations in the Rio Grande basin as au- Federal funds made available to the Author- Cachuma Project, California, subject to valid thorized by the Flood Control Act of 1948 ity under this Act. existing rights and consistent with the terms (Public Law 80–858; 62 Stat. 1175) and the ‘‘(II) CENTRAL BASIN MUNICIPAL WATER DIS- and conditions set forth in the Agreement. Flood Control Act of 1950 (Public Law 81–516; TRICT.—The Central Basin Municipal Water 64 Stat. 170). (c) LIABILITY.—Effective upon the date of District shall be responsible for providing a (5) SAN GABRIEL PARK.—The term ‘‘San Ga- the conveyance authorized by subsection (b), 35 percent non-Federal match for Federal briel Park’’ means the tract of land con- the United States shall not be held liable by funds made available to the District under taining 40.2236 acres, more or less, situated any court for damages of any kind arising this Act.’’; within Section 12 and Section 13, T10N, R2E, out of any act, omission, or occurrence relat- (2) in subsection (a), by adding at the end N.M.P.M., City of Albuquerque, Bernalillo ing to the lands, buildings, or facilities con- the following: County, New Mexico, and described by New veyed under this section, except for damages ‘‘(4) INTEREST ON FUNDS IN RESTORATION Mexico State Plane Grid Bearings (Central caused by acts of negligence committed by FUND.—No amounts appropriated above the Zone) and ground distances in a Special War- the United States or by its employees or cumulative amount of $85,000,000 to the Res- ranty Deed conveying the property from agents prior to the date of conveyance. Noth- toration Fund under subsection (d)(1) shall MRGCD to the City, dated November 25, 1997. ing in this section increases the liability of be invested by the Secretary of the Treasury (6) TINGLEY BEACH.—The term ‘‘Tingley the United States beyond that provided in in interest-bearing securities of the United Beach’’ means the tract of land containing chapter 171 of title 28, United States Code States.’’; and 25.2005 acres, more or less, situated within (popularly known as the Federal Tort Claims (3) by amending subsection (d) to read as Section 13 and Section 24, T10N, R2E, and Act). follows: secs. 18 and 19, T10N, R3E, N.M.P.M., City of (d) BENEFITS.—After conveyance of the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Albuquerque, Bernalillo County, New Mex- Goleta Water Distribution System under this ‘‘(1) IN GENERAL.—There is authorized to be ico, and described by New Mexico State section— appropriated to the Restoration Fund estab- Plane Grid Bearings (Central Zone) and (1) such distribution system shall not be lished under subsection (a) $146,200,000. Such ground distances in a Special Warranty Deed considered to be a part of a Federal reclama- funds shall remain available until expended. conveying the property from MRGCD to the tion project; and ‘‘(2) SET-ASIDE.—Of the amounts appro- City, dated November 25, 1997. (2) the District shall not be eligible to re- priated under paragraph (1), no more than (c) CLARIFICATION OF PROPERTY INTEREST.— ceive any benefits with respect to any facil- $21,200,000 shall be made available to carry (1) REQUIRED ACTION.—The Secretary of the ity comprising the Goleta Water Distribu- Interior shall issue a quitclaim deed con- out the Central Basin Water Quality tion System, except benefits that would be Project.’’. veying any right, title, and interest the available to a similarly situated entity with United States may have in and to Tingley respect to property that is not part of a Fed- Subtitle E—Lower Colorado River Multi- Beach, San Gabriel Park, and the BioPark eral reclamation project. Species Conservation Program Parcels to the City. (e) COMPLIANCE WITH OTHER LAWS.— SEC. 9401. DEFINITIONS. (2) TIMING.—The Secretary shall carry out (1) COMPLIANCE WITH ENVIRONMENTAL AND the action in paragraph (1) as soon as prac- In this subtitle: HISTORIC PRESERVATION LAWS.—Prior to any ticable after the date of enactment of this (1) LOWER COLORADO RIVER MULTI-SPECIES conveyance under this section, the Secretary Act and in accordance with all applicable CONSERVATION PROGRAM.—The term ‘‘Lower shall complete all actions required under the law. Colorado River Multi-Species Conservation National Environmental Policy Act of 1969 (3) NO ADDITIONAL PAYMENT.—The City Program’’ or ‘‘LCR MSCP’’ means the coop- (42 U.S.C. 4321 et seq.), the Endangered Spe- shall not be required to pay any additional erative effort on the Lower Colorado River cies Act of 1973 (16 U.S.C. 1531 et seq.), the costs to the United States for the value of between Federal and non-Federal entities in National Historic Preservation Act (16 U.S.C. San Gabriel Park, Tingley Beach, and the Arizona, California, and Nevada approved by 470 et seq.), and all other applicable laws. BioPark Parcels. the Secretary of the Interior on April 2, 2005. (d) OTHER RIGHTS, TITLE, AND INTERESTS (2) COMPLIANCE BY THE DISTRICT.—Upon the (2) LOWER COLORADO RIVER.—The term UNAFFECTED.— conveyance of the Goleta Water Distribution ‘‘Lower Colorado River’’ means the segment (1) IN GENERAL.—Except as expressly pro- System under this section, the District shall of the Colorado River within the planning vided in subsection (c), nothing in this sec- comply with all applicable Federal, State, area as provided in section 2(B) of the Imple- tion shall be construed to affect any right, and local laws and regulations in its oper- menting Agreement, a Program Document. title, or interest in and to any land associ- ation of the facilities that are transferred. (3) PROGRAM DOCUMENTS.—The term ‘‘Pro- ated with the Middle Rio Grande Project. (3) APPLICABLE AUTHORITY.—All provisions gram Documents’’ means the Habitat Con- (2) ONGOING LITIGATION.—Nothing con- of Federal reclamation law (the Act of June servation Plan, Biological Assessment and tained in this section shall be construed or 17, 1902 (43 U.S.C. 371 et seq.) and Acts supple- Biological and Conference Opinion, Environ- utilized to affect or otherwise interfere with mental to and amendatory of that Act) shall mental Impact Statement/Environmental any position set forth by any party in the continue to be applicable to project water Impact Report, Funding and Management lawsuit pending before the United States provided to the District. Agreement, Implementing Agreement, and District Court for the District of New Mex- (f) REPORT.—If, 12 months after the date of Section 10(a)(1)(B) Permit issued and, as ap- ico, 99–CV–01320–JAP–RHS, entitled Rio the enactment of this Act, the Secretary has plicable, executed in connection with the Grande Silvery Minnow v. John W. Keys, III, not completed the conveyance required LCR MSCP, and any amendments or suc- concerning the right, title, or interest in and under subsection (b), the Secretary shall cessor documents that are developed con- to any property associated with the Middle complete a report that states the reason the sistent with existing agreements and appli- Rio Grande Project. conveyance has not been completed and the cable law. SEC. 9203. GOLETA WATER DISTRICT WATER DIS- date by which the conveyance shall be com- (4) SECRETARY.—The term ‘‘Secretary’’ TRIBUTION SYSTEM, CALIFORNIA. pleted. The Secretary shall submit a report means the Secretary of the Interior. (a) DEFINITIONS.—In this section: required under this subsection to Congress (5) STATE.—The term ‘‘State’’ means each (1) AGREEMENT.—The term ‘‘Agreement’’ not later than 14 months after the date of of the States of Arizona, California, and Ne- means Agreement No. 07–LC–20–9387 between the enactment of this Act. vada.

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.049 S15JAPT1 jbell on PROD1PC69 with SENATE S522 CONGRESSIONAL RECORD — SENATE January 15, 2009 SEC. 9402. IMPLEMENTATION AND WATER AC- (D) energy production; and other organization with water or power de- COUNTING. (E) the protection of aquatic ecosystems; livery authority. (a) IMPLEMENTATION.—The Secretary is au- (3) global climate change poses a signifi- (8) FEDERAL POWER MARKETING ADMINISTRA- thorized to manage and implement the LCR cant challenge to the protection and use of TION.—The term ‘‘Federal Power Marketing MSCP in accordance with the Program Docu- the water resources of the United States due Administration’’ means— ments. to an increased uncertainty with respect to (A) the Bonneville Power Administration; (b) WATER ACCOUNTING.—The Secretary is the timing, form, and geographical distribu- (B) the Southeastern Power Administra- authorized to enter into an agreement with tion of precipitation, which may have a sub- tion; the States providing for the use of water stantial effect on the supplies of water for (C) the Southwestern Power Administra- from the Lower Colorado River for habitat agricultural, hydroelectric power, industrial, tion; and creation and maintenance in accordance domestic supply, and environmental needs; (D) the Western Area Power Administra- with the Program Documents. (4) although States bear the primary re- tion. SEC. 9403. ENFORCEABILITY OF PROGRAM DOCU- sponsibility and authority for managing the (9) HYDROLOGIC ACCOUNTING UNIT.—The MENTS. water resources of the United States, the term ‘‘hydrologic accounting unit’’ means 1 (a) IN GENERAL.—Due to the unique condi- Federal Government should support the of the 352 river basin hydrologic accounting tions of the Colorado River, any party to the States, as well as regional, local, and tribal units used by the United States Geological Funding and Management Agreement or the governments, by carrying out— Survey. Implementing Agreement, and any permittee (A) nationwide data collection and moni- (10) INDIAN TRIBE.—The term ‘‘Indian under the Section 10(a)(1)(B) Permit, may toring activities; tribe’’ has the meaning given the term in commence a civil action in United States (B) relevant research; and section 4 of the Indian Self-Determination district court to adjudicate, confirm, vali- (C) activities to increase the efficiency of and Education Assistance Act (25 U.S.C. date or decree the rights and obligations of the use of water in the United States; 450b). the parties under those Program Documents. (5) Federal agencies that conduct water (11) MAJOR AQUIFER SYSTEM.—The term (b) JURISDICTION.—The district court shall management and related activities have a ‘‘major aquifer system’’ means a ground- have jurisdiction over such actions and may responsibility— water system that is— issue such orders, judgments, and decrees as (A) to take a lead role in assessing risks to (A) identified as a significant groundwater are consistent with the court’s exercise of ju- the water resources of the United States (in- system by the Director; and risdiction under this section. cluding risks posed by global climate (B) included in the Groundwater Atlas of (c) UNITED STATES AS DEFENDANT.— change); and the United States, published by the United (1) IN GENERAL.—The United States or any (B) to develop strategies— States Geological Survey. agency of the United States may be named (i) to mitigate the potential impacts of (12) MAJOR RECLAMATION RIVER BASIN.— as a defendant in such actions. each risk described in subparagraph (A); and (A) IN GENERAL.—The term ‘‘major rec- (2) SOVEREIGN IMMUNITY.—Subject to para- (ii) to help ensure that the long-term water lamation river basin’’ means each major graph (3), the sovereign immunity of the resources management of the United States river system (including tributaries)— United States is waived for purposes of ac- is sustainable and will ensure sustainable (i) that is located in a service area of the Bureau of Reclamation; and tions commenced pursuant to this section. quantities of water; (ii) at which is located a federally author- (3) NONWAIVER FOR CERTAIN CLAIMS.—Noth- (6) it is critical to continue and expand re- ized project of the Bureau of Reclamation. ing in this section waives the sovereign im- search and monitoring efforts— (B) INCLUSIONS.—The term ‘‘major rec- munity of the United States to claims for (A) to improve the understanding of the lamation river basin’’ includes— money damages, monetary compensation, variability of the water cycle; and (i) the Colorado River; the provision of indemnity, or any claim (B) to provide basic information nec- (ii) the Columbia River; seeking money from the United States. essary— (iii) the Klamath River; (d) RIGHTS UNDER FEDERAL AND STATE (i) to manage and efficiently use the water (iv) the Missouri River; LAW.— resources of the United States; and (1) IN GENERAL.—Except as specifically pro- (v) the Rio Grande; (ii) to identify new supplies of water that (vi) the Sacramento River; vided in this section, nothing in this section are capable of being reclaimed; and limits any rights or obligations of any party (vii) the San Joaquin River; and (7) the study of water use is vital— (viii) the Truckee River. under Federal or State law. (A) to the understanding of the impacts of (2) APPLICABILITY TO LOWER COLORADO (13) NON-FEDERAL PARTICIPANT.—The term human activity on water and ecological re- ‘‘non-Federal participant’’ means— RIVER MULTI-SPECIES CONSERVATION PRO- sources; and GRAM.—This section— (A) a State, regional, or local authority; (B) to the assessment of whether available (B) an Indian tribe or tribal organization; (A) shall apply only to the Lower Colorado surface and groundwater supplies will be River Multi-Species Conservation Program; or available to meet the future needs of the (C) any other qualifying entity, such as a and United States. (B) shall not affect the terms of, or rights water conservation district, water conser- SEC. 9502. DEFINITIONS. or obligations under, any other conservation vancy district, or rural water district or as- plan created pursuant to any Federal or In this section: sociation, or a nongovernmental organiza- State law. (1) ADMINISTRATOR.—The term ‘‘Adminis- tion. (e) VENUE.—Any suit pursuant to this sec- trator’’ means the Administrator of the Na- (14) PANEL.—The term ‘‘panel’’ means the tion may be brought in any United States tional Oceanic and Atmospheric Administra- climate change and water intragovernmental district court in the State in which any non- tion. panel established by the Secretary under sec- Federal party to the suit is situated. (2) ADVISORY COMMITTEE.—The term ‘‘Advi- tion 9506(a). sory Committee’’ means the National Advi- (15) PROGRAM.—The term ‘‘program’’ SEC. 9404. AUTHORIZATION OF APPROPRIATIONS. sory Committee on Water Information estab- means the regional integrated sciences and (a) IN GENERAL.—There is authorized to be lished— assessments program— appropriated to the Secretary such sums as (A) under the Office of Management and (A) established by the Administrator; and may be necessary to meet the obligations of Budget Circular 92–01; and (B) that is comprised of 8 regional pro- the Secretary under the Program Docu- (B) to coordinate water data collection ac- grams that use advances in integrated cli- ments, to remain available until expended. tivities. mate sciences to assist decisionmaking proc- (b) NON-REIMBURSABLE AND NON-RETURN- (3) ASSESSMENT PROGRAM.—The term ‘‘as- esses. ABLE.—All amounts appropriated to and ex- sessment program’’ means the water avail- (16) SECRETARY.— pended by the Secretary for the LCR MSCP ability and use assessment program estab- (A) IN GENERAL.—Except as provided in shall be non-reimbursable and non-return- lished by the Secretary under section 9508(a). subparagraph (B), the term ‘‘Secretary’’ able. (4) CLIMATE DIVISION.—The term ‘‘climate means the Secretary of the Interior. Subtitle F—Secure Water division’’ means 1 of the 359 divisions in the (B) EXCEPTIONS.—The term ‘‘Secretary’’ SEC. 9501. FINDINGS. United States that represents 2 or more re- means— Congress finds that— gions located within a State that are as cli- (i) in the case of sections 9503, 9504, and (1) adequate and safe supplies of water are matically homogeneous as possible, as deter- 9509, the Secretary of the Interior (acting fundamental to the health, economy, secu- mined by the Administrator. through the Commissioner); and rity, and ecology of the United States; (5) COMMISSIONER.—The term ‘‘Commis- (ii) in the case of sections 9507 and 9508, the (2) systematic data-gathering with respect sioner’’ means the Commissioner of Rec- Secretary of the Interior (acting through the to, and research and development of, the lamation. Director). water resources of the United States will (6) DIRECTOR.—The term ‘‘Director’’ means (17) SERVICE AREA.—The term ‘‘service help ensure the continued existence of suffi- the Director of the United States Geological area’’ means any area that encompasses a cient quantities of water to support— Survey. watershed that contains a federally author- (A) increasing populations; (7) ELIGIBLE APPLICANT.—The term ‘‘eligi- ized reclamation project that is located in (B) economic growth; ble applicant’’ means any State, Indian any State or area described in the first sec- (C) irrigated agriculture; tribe, irrigation district, water district, or tion of the Act of June 17, 1902 (43 U.S.C. 391).

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.050 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S523 SEC. 9503. RECLAMATION CLIMATE CHANGE AND (B) to assist in each assessment and anal- (A) to conserve water; WATER PROGRAM. ysis conducted by the Secretary under para- (B) to increase water use efficiency; (a) IN GENERAL.—The Secretary shall es- graphs (2) and (3). (C) to facilitate water markets; tablish a climate change adaptation pro- (c) REPORTING.—Not later than 2 years (D) to enhance water management, includ- gram— after the date of enactment of this Act, and ing increasing the use of renewable energy in (1) to coordinate with the Administrator every 5 years thereafter, the Secretary shall the management and delivery of water; and other appropriate agencies to assess submit to the appropriate committees of (E) to accelerate the adoption and use of each effect of, and risk resulting from, global Congress a report that describes— advanced water treatment technologies to climate change with respect to the quantity (1) each effect of, and risk resulting from, increase water supply; of water resources located in a service area; global climate change with respect to the (F) to prevent the decline of species that and quantity of water resources located in each the United States Fish and Wildlife Service (2) to ensure, to the maximum extent pos- major reclamation river basin; and National Marine Fisheries Service have sible, that strategies are developed at water- (2) the impact of global climate change proposed for listing under the Endangered shed and aquifer system scales to address po- with respect to the operations of the Sec- Species Act of 1973 (16 U.S.C. 1531 et seq.) (or tential water shortages, conflicts, and other retary in each major reclamation river candidate species that are being considered impacts to water users located at, and the basin; by those agencies for such listing but are not environment of, each service area. (3) each mitigation and adaptation strat- yet the subject of a proposed rule); (G) to accelerate the recovery of threat- (b) REQUIRED ELEMENTS.—In carrying out egy considered and implemented by the Sec- ened species, endangered species, and des- the program described in subsection (a), the retary to address each effect of global cli- ignated critical habitats that are adversely Secretary shall— mate change described in paragraph (1); affected by Federal reclamation projects or (1) coordinate with the United States Geo- (4) each coordination activity conducted by are subject to a recovery plan or conserva- logical Survey, the National Oceanic and At- the Secretary with— tion plan under the Endangered Species Act mospheric Administration, the program, and (A) the Director; of 1973 (16 U.S.C. 1531 et seq.) under which the each appropriate State water resource agen- (B) the Administrator; Commissioner of Reclamation has implemen- cy, to ensure that the Secretary has access (C) the Secretary of Agriculture (acting through the Chief of the Natural Resources tation responsibilities; or to the best available scientific information (H) to carry out any other activity— with respect to presently observed and pro- Conservation Service); or (D) any appropriate State water resource (i) to address any climate-related impact jected future impacts of global climate to the water supply of the United States that change on water resources; agency; and (5) the implementation by the Secretary of increases ecological resiliency to the im- (2) assess specific risks to the water supply pacts of climate change; or of each major reclamation river basin, in- the monitoring plan developed under sub- section (b)(5). (ii) to prevent any water-related crisis or cluding any risk relating to— conflict at any watershed that has a nexus to (d) FEASIBILITY STUDIES.— (A) a change in snowpack; a Federal reclamation project located in a (B) changes in the timing and quantity of (1) AUTHORITY OF SECRETARY.—The Sec- retary, in cooperation with any non-Federal service area. runoff; PPLICATION.—To be eligible to receive participant, may conduct 1 or more studies (2) A (C) changes in groundwater recharge and a grant, or enter into an agreement with the to determine the feasibility and impact on discharge; and Secretary under paragraph (1), an eligible ecological resiliency of implementing each (D) any increase in— applicant shall— mitigation and adaptation strategy de- (i) the demand for water as a result of in- (A) be located within the States and areas scribed in subsection (c)(3), including the creasing temperatures; and referred to in the first section of the Act of construction of any water supply, water (ii) the rate of reservoir evaporation; June 17, 1902 (43 U.S.C. 391); and management, environmental, or habitat en- (3) with respect to each major reclamation (B) submit to the Secretary an application hancement water infrastructure that the river basin, analyze the extent to which that includes a proposal of the improvement Secretary determines to be necessary to ad- changes in the water supply of the United or activity to be planned, designed, con- States will impact— dress the effects of global climate change on structed, or implemented by the eligible ap- (A) the ability of the Secretary to deliver water resources located in each major rec- plicant. lamation river basin. water to the contractors of the Secretary; (3) REQUIREMENTS OF GRANTS AND COOPERA- (2) COST SHARING.— (B) hydroelectric power generation facili- TIVE AGREEMENTS.— (A) FEDERAL SHARE.— ties; (A) COMPLIANCE WITH REQUIREMENTS.—Each (C) recreation at reclamation facilities; (i) IN GENERAL.—Except as provided in grant and agreement entered into by the (D) fish and wildlife habitat; clause (ii), the Federal share of the cost of a Secretary with any eligible applicant under (E) applicable species listed as an endan- study described in paragraph (1) shall not ex- paragraph (1) shall be in compliance with gered, threatened, or candidate species under ceed 50 percent of the cost of the study. each requirement described in subparagraphs the Endangered Species Act of 1973 (16 U.S.C. (ii) EXCEPTION RELATING TO FINANCIAL (B) through (F). 1531 et seq.); HARDSHIP.—The Secretary may increase the (B) AGRICULTURAL OPERATIONS.—In car- (F) water quality issues (including salinity Federal share of the cost of a study described rying out paragraph (1), the Secretary shall levels of each major reclamation river in paragraph (1) to exceed 50 percent of the not provide a grant, or enter into an agree- basin); cost of the study if the Secretary determines ment, for an improvement to conserve irriga- (G) flow and water dependent ecological re- that, due to a financial hardship, the non- tion water unless the eligible applicant siliency; and Federal participant of the study is unable to agrees not— (H) flood control management; contribute an amount equal to 50 percent of (i) to use any associated water savings to (4) in consultation with appropriate non- the cost of the study. increase the total irrigated acreage of the el- Federal participants, consider and develop (B) NON-FEDERAL SHARE.—The non-Federal igible applicant; or appropriate strategies to mitigate each im- share of the cost of a study described in (ii) to otherwise increase the consumptive pact of water supply changes analyzed by the paragraph (1) may be provided in the form of use of water in the operation of the eligible Secretary under paragraph (3), including any in-kind services that substantially con- applicant, as determined pursuant to the law strategies relating to— tribute toward the completion of the study, of the State in which the operation of the el- (A) the modification of any reservoir stor- as determined by the Secretary. igible applicant is located. age or operating guideline in existence as of (e) NO EFFECT ON EXISTING AUTHORITY.— (C) NONREIMBURSABLE FUNDS.—Any funds the date of enactment of this Act; Nothing in this section amends or otherwise provided by the Secretary to an eligible ap- (B) the development of new water manage- affects any existing authority under rec- plicant through a grant or agreement under ment, operating, or habitat restoration lamation laws that govern the operation of paragraph (1) shall be nonreimbursable. plans; any Federal reclamation project. (D) TITLE TO IMPROVEMENTS.—If an infra- (C) water conservation; (f) AUTHORIZATION OF APPROPRIATIONS.— structure improvement to a federally owned (D) improved hydrologic models and other There are authorized to be appropriated such facility is the subject of a grant or other decision support systems; and sums as are necessary to carry out this sec- agreement entered into between the Sec- (E) groundwater and surface water storage tion for each of fiscal years 2009 through 2023, retary and an eligible applicant under para- needs; and to remain available until expended. graph (1), the Federal Government shall con- (5) in consultation with the Director, the SEC. 9504. WATER MANAGEMENT IMPROVEMENT. tinue to hold title to the facility and im- Administrator, the Secretary of Agriculture (a) AUTHORIZATION OF GRANTS AND COOPER- provements to the facility. (acting through the Chief of the Natural Re- ATIVE AGREEMENTS.— (E) COST SHARING.— sources Conservation Service), and applica- (1) AUTHORITY OF SECRETARY.—The Sec- (i) FEDERAL SHARE.—The Federal share of ble State water resource agencies, develop a retary may provide any grant to, or enter the cost of any infrastructure improvement monitoring plan to acquire and maintain into an agreement with, any eligible appli- or activity that is the subject of a grant or water resources data— cant to assist the eligible applicant in plan- other agreement entered into between the (A) to strengthen the understanding of ning, designing, or constructing any im- Secretary and an eligible applicant under water supply trends; and provement— paragraph (1) shall not exceed 50 percent of

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.050 S15JAPT1 jbell on PROD1PC69 with SENATE S524 CONGRESSIONAL RECORD — SENATE January 15, 2009 the cost of the infrastructure improvement Marketing Administration, shall assess each vational capabilities, expand data acquisi- or activity. effect of, and risk resulting from, global cli- tion, or take other actions— (ii) CALCULATION OF NON-FEDERAL SHARE.— mate change with respect to water supplies (A) to increase the reliability and accuracy In calculating the non-Federal share of the that are required for the generation of hy- of modeling and prediction systems to ben- cost of an infrastructure improvement or ac- droelectric power at each Federal water efit water managers at the Federal, State, tivity proposed by an eligible applicant project that is applicable to a Federal Power and local levels; and through an application submitted by the eli- Marketing Administration. (B) to increase the understanding of the gible applicant under paragraph (2), the Sec- (b) ACCESS TO APPROPRIATE DATA.— impacts of climate change on aquatic eco- retary shall— (1) IN GENERAL.—In carrying out each as- systems. (I) consider the value of any in-kind serv- sessment under subsection (a), the Secretary (b) MEMBERSHIP.—The panel shall be com- ices that substantially contributes toward of Energy shall consult with the United prised of— the completion of the improvement or activ- States Geological Survey, the National Oce- (1) the Secretary; ity, as determined by the Secretary; and anic and Atmospheric Administration, the (2) the Director; (II) not consider any other amount that program, and each appropriate State water (3) the Administrator; the eligible applicant receives from a Fed- resource agency, to ensure that the Sec- (4) the Secretary of Agriculture (acting eral agency. retary of Energy has access to the best avail- through the Under Secretary for Natural Re- (iii) MAXIMUM AMOUNT.—The amount pro- able scientific information with respect to sources and Environment); vided to an eligible applicant through a presently observed impacts and projected fu- (5) the Commissioner; grant or other agreement under paragraph ture impacts of global climate change on (6) the Secretary of the Army, acting (1) shall be not more than $5,000,000. water supplies that are used to produce hy- through the Chief of Engineers; (iv) OPERATION AND MAINTENANCE COSTS.— droelectric power. (7) the Administrator of the Environ- The non-Federal share of the cost of oper- (2) ACCESS TO DATA FOR CERTAIN ASSESS- mental Protection Agency; and ating and maintaining any infrastructure MENTS.—In carrying out each assessment (8) the Secretary of Energy. improvement that is the subject of a grant under subsection (a), with respect to the (c) REVIEW ELEMENTS.—In conducting the or other agreement entered into between the Bonneville Power Administration and the review and developing the strategy under Secretary and an eligible applicant under Western Area Power Administration, the subsection (a), the panel shall consult with paragraph (1) shall be 100 percent. Secretary of Energy shall consult with the State water resource agencies, the Advisory (F) LIABILITY.— Commissioner to access data and other infor- Committee, drinking water utilities, water (i) IN GENERAL.—Except as provided under mation that— research organizations, and relevant water chapter 171 of title 28, United States Code (A) is collected by the Commissioner; and user, environmental, and other nongovern- (commonly known as the ‘‘Federal Tort (B) the Secretary of Energy determines to mental organizations— Claims Act’’), the United States shall not be be necessary for the conduct of the assess- (1) to assess the extent to which the con- liable for monetary damages of any kind for ment. duct of measures of streamflow, groundwater any injury arising out of an act, omission, or (c) REPORT.—Not later than 2 years after levels, soil moisture, evapotranspiration occurrence that arises in relation to any fa- the date of enactment of this Act, and every rates, evaporation rates, snowpack levels, cility created or improved under this sec- 5 years thereafter, the Secretary of Energy precipitation amounts, flood risk, and gla- tion, the title of which is not held by the shall submit to the appropriate committees cier mass is necessary to improve the under- United States. of Congress a report that describes— standing of the Federal Government and the States with respect to each impact of global (ii) TORT CLAIMS ACT.—Nothing in this sec- (1) each effect of, and risk resulting from, tion increases the liability of the United global climate change with respect to— climate change on water resources; States beyond that provided in chapter 171 of (A) water supplies used for hydroelectric (2) to identify data gaps in current water title 28, United States Code (commonly power generation; and monitoring networks that must be addressed known as the ‘‘Federal Tort Claims Act’’). (B) power supplies marketed by each Fed- to improve the capability of the Federal (b) RESEARCH AGREEMENTS.— eral Power Marketing Administration, pur- Government and the States to measure, ana- (1) AUTHORITY OF SECRETARY.—The Sec- suant to— lyze, and predict changes to the quality and retary may enter into 1 or more agreements (i) long-term power contracts; quantity of water resources, including flood with any university, nonprofit research in- (ii) contingent capacity contracts; and risks, that are directly or indirectly affected stitution, or organization with water or (iii) short-term sales; and by global climate change; power delivery authority to fund any re- (2) each recommendation of the Adminis- (3) to establish data management and com- search activity that is designed— trator of each Federal Power Marketing Ad- munication protocols and standards to in- (A) to conserve water resources; ministration relating to any change in any crease the quality and efficiency by which (B) to increase the efficiency of the use of operation or contracting practice of each each Federal agency acquires and reports water resources; or Federal Power Marketing Administration to relevant data; (C) to enhance the management of water address each effect and risk described in (4) to consider options for the establish- resources, including increasing the use of re- paragraph (1), including the use of purchased ment of a data portal to enhance access to newable energy in the management and de- power to meet long-term commitments of water resource data— livery of water. each Federal Power Marketing Administra- (A) relating to each nationally significant (2) TERMS AND CONDITIONS OF SECRETARY.— tion. freshwater watershed and aquifer located in (A) IN GENERAL.—An agreement entered (d) AUTHORITY.—The Secretary of Energy the United States; and into between the Secretary and any univer- may enter into contracts, grants, or other (B) that is collected by each Federal agen- sity, institution, or organization described in agreements with appropriate entities to cy and any other public or private entity for paragraph (1) shall be subject to such terms carry out this section. each nationally significant freshwater water- (e) COSTS.— and conditions as the Secretary determines shed and aquifer located in the United (1) NONREIMBURSABLE.—Any costs incurred to be appropriate. States; by the Secretary of Energy in carrying out (B) AVAILABILITY.—The agreements under (5) to facilitate the development of hydro- this section shall be nonreimbursable. this subsection shall be available to all Rec- logic and other models to integrate data that (2) PMA COSTS.—Each Federal Power Mar- lamation projects and programs that may reflects groundwater and surface water keting Administration shall incur costs in benefit from project-specific or pro- interactions; and carrying out this section only to the extent grammatic cooperative research and devel- (6) to apply the hydrologic and other mod- that appropriated funds are provided by the opment. els developed under paragraph (5) to water (c) MUTUAL BENEFIT.—Grants or other Secretary of Energy for that purpose. resource management problems identified by UTHORIZATION OF APPROPRIATIONS.— agreements made under this section may be (f) A the panel, including the need to maintain or for the mutual benefit of the United States There are authorized to be appropriated such improve ecological resiliency at watershed and the entity that is provided the grant or sums as are necessary to carry out this sec- and aquifer system scales. enters into the cooperative agreement. tion for each of fiscal years 2009 through 2023, (d) REPORT.—Not later than 2 years after (d) RELATIONSHIP TO PROJECT-SPECIFIC AU- to remain available until expended. the date of enactment of this Act, the Sec- THORITY.—This section shall not supersede SEC. 9506. CLIMATE CHANGE AND WATER retary shall submit to the appropriate com- any existing project-specific funding author- INTRAGOVERNMENTAL PANEL. mittees of Congress a report that describes ity. (a) ESTABLISHMENT.—The Secretary and the review conducted, and the strategy de- (e) AUTHORIZATION OF APPROPRIATIONS.— the Administrator shall establish and lead a veloped, by the panel under subsection (a). There is authorized to be appropriated to climate change and water intragovernmental (e) DEMONSTRATION, RESEARCH, AND METH- carry out this section $200,000,000, to remain panel— ODOLOGY DEVELOPMENT PROJECTS.— available until expended. (1) to review the current scientific under- (1) AUTHORITY OF SECRETARY.—The Sec- SEC. 9505. HYDROELECTRIC POWER ASSESS- standing of each impact of global climate retary, in consultation with the panel and MENT. change on the quantity and quality of fresh- the Advisory Committee, may provide grants (a) DUTY OF SECRETARY OF ENERGY.—The water resources of the United States; and to, or enter into any contract, cooperative Secretary of Energy, in consultation with (2) to develop any strategy that the panel agreement, interagency agreement, or other the Administrator of each Federal Power determines to be necessary to improve obser- transaction with, an appropriate entity to

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carry out any demonstration, research, or (E) incorporate principles of adaptive man- (3) PROGRAM OBJECTIVES.—In carrying out methodology development project that the agement in the conduct of periodic reviews the monitoring program described in para- Secretary determines to be necessary to as- of information collected under the national graph (1), the Secretary shall— sist in the implementation of the strategy streamflow information program to assess (A) provide data that is necessary for the developed by the panel under subsection whether the objectives of the national improvement of understanding with respect (a)(2). streamflow information program are being to surface water and groundwater inter- (2) REQUIREMENTS.— adequately addressed. actions; (A) MAXIMUM AMOUNT OF FEDERAL SHARE.— (3) IMPROVED METHODOLOGIES.—The Sec- (B) by expanding the network of moni- The Federal share of the cost of any dem- retary shall— toring wells to reach each climate division, onstration, research, or methodology devel- (A) improve methodologies relating to the support the groundwater climate response opment project that is the subject of any analysis and delivery of data; and network to improve the understanding of the grant, contract, cooperative agreement, (B) investigate, develop, and implement effects of global climate change on ground- interagency agreement, or other transaction new methodologies and technologies to esti- water recharge and availability; and entered into between the Secretary and an mate or measure streamflow in a more cost- (C) support the objectives of the assess- appropriate entity under paragraph (1) shall efficient manner. ment program. (4) IMPROVED METHODOLOGIES.—The Sec- not exceed $1,000,000. (4) NETWORK ENHANCEMENT.— retary shall— (B) REPORT.—An appropriate entity that (A) IN GENERAL.—Not later than 10 years receives funds from a grant, contract, coop- after the date of enactment of this Act, in (A) improve methodologies relating to the analysis and delivery of data; and erative agreement, interagency agreement, accordance with subparagraph (B), the Sec- (B) investigate, develop, and implement or other transaction entered into between retary shall— new methodologies and technologies to esti- the Secretary and the appropriate entity (i) increase the number of streamgages mate or measure groundwater recharge, dis- under paragraph (1) shall submit to the Sec- funded by the national streamflow informa- charge, and storage in a more cost-efficient retary a report describing the results of the tion program to a quantity of not less than manner. demonstration, research, or methodology de- 4,700 sites; and (5) FEDERAL SHARE.—The Federal share of velopment project conducted by the appro- (ii) ensure all streamgages are flood-hard- priate entity. the monitoring program described in para- ened and equipped with water-quality sen- graph (1) may be 100 percent of the cost of (f) AUTHORIZATION OF APPROPRIATIONS.— sors and modernized telemetry. carrying out the monitoring program. (1) IN GENERAL.—There is authorized to be (B) REQUIREMENTS OF SITES.—Each site de- RIORITY.—In selecting monitoring ac- appropriated to carry out subsections (a) (6) P scribed in subparagraph (A) shall conform tivities consistent with the monitoring pro- through (d) $2,000,000 for each of fiscal years with the National Streamflow Information gram described in paragraph (1), the Sec- 2009 through 2011, to remain available until Program plan as reviewed by the National retary shall give priority to those activities expended. Research Council. for which a State or local governmental enti- (2) DEMONSTRATION, RESEARCH, AND METH- (5) FEDERAL SHARE.—The Federal share of ty agrees to provide for a substantial share ODOLOGY DEVELOPMENT PROJECTS.—There is the national streamgaging network estab- of the cost of establishing or operating a authorized to be appropriated to carry out lished pursuant to this subsection shall be monitoring well or other measuring device subsection (e) $10,000,000 for the period of fis- 100 percent of the cost of carrying out the to carry out a monitoring activity. cal years 2009 through 2013, to remain avail- national streamgaging network. (7) AUTHORIZATION OF APPROPRIATIONS.— able until expended. (6) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such SEC. 9507. WATER DATA ENHANCEMENT BY (A) IN GENERAL.—Except as provided in sums as are necessary to carry out this sub- UNITED STATES GEOLOGICAL SUR- subparagraph (B), there are authorized to be section for the period of fiscal years 2009 VEY. appropriated such sums as are necessary to through 2023, to remain available until ex- (a) NATIONAL STREAMFLOW INFORMATION operate the national streamflow information pended. PROGRAM.— program for the period of fiscal years 2009 (c) BRACKISH GROUNDWATER ASSESSMENT.— (1) IN GENERAL.—The Secretary, in con- through 2023, to remain available until ex- (1) STUDY.—The Secretary, in consultation sultation with the Advisory Committee and pended. with State and local water resource agen- the Panel and consistent with this section, (B) NETWORK ENHANCEMENT FUNDING.— cies, shall conduct a study of available data shall proceed with implementation of the na- There is authorized to be appropriated to and other relevant information— tional streamflow information program, as carry out the network enhancements de- (A) to identify significant brackish ground- reviewed by the National Research Council scribed in paragraph (4) $10,000,000 for each of water resources located in the United States; in 2004. fiscal years 2009 through 2019, to remain and (2) REQUIREMENTS.—In conducting the na- available until expended. (B) to consolidate any available data relat- tional streamflow information program, the ing to each groundwater resource identified Secretary shall— (b) NATIONAL GROUNDWATER RESOURCES under subparagraph (A). (A) measure streamflow and related envi- MONITORING.— (2) REPORT.—Not later than 2 years after ronmental variables in nationally significant (1) IN GENERAL.—The Secretary shall de- the date of enactment of this Act, the Sec- watersheds— velop a systematic groundwater monitoring retary shall submit to the appropriate com- (i) in a reliable and continuous manner; program for each major aquifer system lo- mittees of Congress a report that includes— and cated in the United States. (A) a description of each— (ii) to develop a comprehensive source of (2) PROGRAM ELEMENTS.—In developing the (i) significant brackish aquifer that is lo- information on which public and private de- monitoring program described in paragraph cated in the United States (including 1 or cisions relating to the management of water (1), the Secretary shall— more maps of each significant brackish aqui- resources may be based; (A) establish appropriate criteria for moni- fer that is located in the United States); (B) provide for a better understanding of toring wells to ensure the acquisition of (ii) data gap that is required to be ad- hydrologic extremes (including floods and long-term, high-quality data sets, including, dressed to fully characterize each brackish droughts) through the conduct of intensive to the maximum extent possible, the inclu- aquifer described in clause (i); and data collection activities during and fol- sion of real-time instrumentation and re- (iii) current use of brackish groundwater lowing hydrologic extremes; porting; that is supplied by each brackish aquifer de- (C) establish a base network that provides (B) in coordination with the Advisory Com- scribed in clause (i); and resources that are necessary for— mittee and State and local water resource (B) a summary of the information avail- (i) the monitoring of long-term changes in agencies— able as of the date of enactment of this Act streamflow; and (i) assess the current scope of groundwater with respect to each brackish aquifer de- (ii) the conduct of assessments to deter- monitoring based on the access availability scribed in subparagraph (A)(i) (including the mine the extent to which each long-term and capability of each monitoring well in ex- known level of total dissolved solids in each change monitored under clause (i) is related istence as of the date of enactment of this brackish aquifer). to global climate change; Act; and (3) AUTHORIZATION OF APPROPRIATIONS.— (D) integrate the national streamflow in- (ii) develop and carry out a monitoring There is authorized to be appropriated to formation program with data collection ac- plan that maximizes coverage for each major carry out this subsection $3,000,000 for the tivities of Federal agencies and appropriate aquifer system that is located in the United period of fiscal years 2009 through 2011, to re- State water resource agencies (including the States; and main available until expended. National Integrated Drought Information (C) prior to initiating any specific moni- (d) IMPROVED WATER ESTIMATION, MEAS- System)— toring activities within a State after the UREMENT, AND MONITORING TECHNOLOGIES.— (i) to enhance the comprehensive under- date of enactment of this Act, consult and (1) AUTHORITY OF SECRETARY.—The Sec- standing of water availability; coordinate with the applicable State water retary may provide grants on a nonreimburs- (ii) to improve flood-hazard assessments; resource agency with jurisdiction over the able basis to appropriate entities with exper- (iii) to identify any data gap with respect aquifer that is the subject of the monitoring tise in water resource data acquisition and to water resources; and activities, and comply with all applicable reporting, including Federal agencies, the (iv) to improve hydrologic forecasting; and laws (including regulations) of the State. Water Resources Research Institutes and

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.050 S15JAPT1 jbell on PROD1PC69 with SENATE S526 CONGRESSIONAL RECORD — SENATE January 15, 2009 other academic institutions, and private en- mation relating to the impact of human ac- (2) significant trends affecting water avail- tities, to— tivity on water and ecological resources. ability, including each documented or pro- (A) investigate, develop, and implement (2) WATER AVAILABILITY.—In carrying out jected impact to the availability of water as new methodologies and technologies to esti- the assessment program, the Secretary shall a result of global climate change; mate or measure water resources data in a conduct an ongoing assessment of water (3) the withdrawal and use of surface water cost-efficient manner; and availability by— and groundwater by various sectors, includ- (B) improve methodologies relating to the (A) developing and evaluating nationally ing— analysis and delivery of data. consistent indicators that reflect each status (A) the agricultural sector; (2) PRIORITY.—In providing grants to ap- and trend relating to the availability of (B) municipalities; propriate entities under paragraph (1), the water resources in the United States, includ- (C) the industrial sector; Secretary shall give priority to appropriate ing— (D) thermoelectric power generators; and entities that propose the development of new (i) surface water indicators, such as (E) hydroelectric power generators; methods and technologies for— streamflow and surface water storage meas- (4) significant trends relating to each (A) predicting and measuring streamflows; ures (including lakes, reservoirs, perennial water use sector, including significant (B) estimating changes in the storage of snowfields, and glaciers); changes in water use due to the development groundwater; (ii) groundwater indicators, including of new energy supplies; (C) improving data standards and methods groundwater level measurements and (5) significant water use conflicts or short- of analysis (including the validation of data changes in groundwater levels due to— ages that have occurred or are occurring; entered into geographic information system (I) natural recharge; and databases); (II) withdrawals; (6) each factor that has caused, or is caus- (D) measuring precipitation and potential (III) saltwater intrusion; ing, a conflict or shortage described in para- evapotranspiration; and (IV) mine dewatering; graph (5). (E) water withdrawals, return flows, and (V) land drainage; (e) AUTHORIZATION OF APPROPRIATIONS.— consumptive use. (VI) artificial recharge; and (1) IN GENERAL.—There is authorized to be (3) PARTNERSHIPS.—In recognition of the (VII) other relevant factors, as determined appropriated to carry out subsections (a), value of collaboration to foster innovation by the Secretary; and (b), and (d) $20,000,000 for each of fiscal years and enhance research and development ef- (iii) impaired surface water and ground- 2009 through 2023, to remain available until forts, the Secretary shall encourage partner- water supplies that are known, accessible, expended. ships, including public-private partnerships, and used to meet ongoing water demands; (2) GRANT PROGRAM.—There is authorized between and among Federal agencies, aca- (B) maintaining a national database of to be appropriated to carry out subsection demic institutions, and private entities to water availability data that— (c) $12,500,000 for the period of fiscal years promote the objectives described in para- (i) is comprised of maps, reports, and other 2009 through 2013, to remain available until graph (1). forms of interpreted data; expended. (4) AUTHORIZATION OF APPROPRIATIONS.— (ii) provides electronic access to the There is authorized to be appropriated to archived data of the national database; and SEC. 9509. RESEARCH AGREEMENT AUTHORITY. carry out this subsection $5,000,000 for each (iii) provides for real-time data collection; The Secretary may enter into contracts, of fiscal years 2009 through 2019. and grants, or cooperative agreements, for peri- SEC. 9508. NATIONAL WATER AVAILABILITY AND (C) developing and applying predictive ods not to exceed 5 years, to carry out re- USE ASSESSMENT PROGRAM. modeling tools that integrate groundwater, search within the Bureau of Reclamation. (a) ESTABLISHMENT.—The Secretary, in co- surface water, and ecological systems. SEC. 9510. EFFECT. ordination with the Advisory Committee and (c) GRANT PROGRAM.— (a) IN GENERAL.—Nothing in this subtitle State and local water resource agencies, (1) AUTHORITY OF SECRETARY.—The Sec- supersedes or limits any existing authority shall establish a national assessment pro- retary may provide grants to State water re- provided, or responsibility conferred, by any gram to be known as the ‘‘national water source agencies to assist State water re- provision of law. availability and use assessment program’’— source agencies in— (b) EFFECT ON STATE WATER LAW.— (1) to provide a more accurate assessment (A) developing water use and availability (1) IN GENERAL.—Nothing in this subtitle of the status of the water resources of the datasets that are integrated with each ap- preempts or affects any— United States; propriate dataset developed or maintained (A) State water law; or (2) to assist in the determination of the by the Secretary; or (B) interstate compact governing water. quantity of water that is available for bene- (B) integrating any water use or water (2) COMPLIANCE REQUIRED.—The Secretary ficial uses; availability dataset of the State water re- shall comply with applicable State water (3) to assist in the determination of the source agency into each appropriate dataset laws in carrying out this subtitle. quality of the water resources of the United developed or maintained by the Secretary. Subtitle G—Aging Infrastructure States; (2) CRITERIA.—To be eligible to receive a (4) to identify long-term trends in water grant under paragraph (1), a State water re- SEC. 9601 DEFINITIONS. availability; source agency shall demonstrate to the Sec- In this subtitle: (5) to use each long-term trend described in retary that the water use and availability (1) INSPECTION.—The term ‘‘inspection’’ paragraph (4) to provide a more accurate as- dataset proposed to be established or inte- means an inspection of a project facility car- sessment of the change in the availability of grated by the State water resource agency— ried out by the Secretary— water in the United States; and (A) is in compliance with each quality and (A) to assess and determine the general (6) to develop the basis for an improved conformity standard established by the Sec- condition of the project facility; and ability to forecast the availability of water retary to ensure that the data will be capa- (B) to estimate the value of property, and for future economic, energy production, and ble of integration with any national dataset; the size of the population, that would be at environmental uses. and risk if the project facility fails, is breached, (b) PROGRAM ELEMENTS.— (B) will enhance the ability of the officials or otherwise allows flooding to occur. (1) WATER USE.—In carrying out the assess- of the State or the State water resource (2) PROJECT FACILITY.—The term ‘‘project ment program, the Secretary shall conduct agency to carry out each water management facility’’ means any part or incidental fea- any appropriate activity to carry out an on- and regulatory responsibility of the officials ture of a project, excluding high- and signifi- going assessment of water use in hydrologic of the State in accordance with each applica- cant-hazard dams, constructed under the accounting units and major aquifer systems ble law of the State. Federal reclamation law (the Act of June 17, located in the United States, including— (3) MAXIMUM AMOUNT.—The amount of a 1902 (32 Stat. 388, chapter 1093), and Acts sup- (A) the maintenance of a comprehensive grant provided to a State water resource plemental to and amendatory of that Act (43 national water use inventory to enhance the agency under paragraph (1) shall be an U.S.C. 371 et seq.). level of understanding with respect to the ef- amount not more than $250,000. (3) RESERVED WORKS.—The term ‘‘reserved fects of spatial and temporal patterns of (d) REPORT.—Not later than December 31, works’’ mean any project facility at which water use on the availability and sustainable 2012, and every 5 years thereafter, the Sec- the Secretary carries out the operation and use of water resources; retary shall submit to the appropriate com- maintenance of the project facility. (B) the incorporation of water use science mittees of Congress a report that provides a (4) SECRETARY.—The term ‘‘Secretary’’ principles, with an emphasis on applied re- detailed assessment of— means the Secretary of the Interior, acting search and statistical estimation techniques (1) the current availability of water re- through the Commissioner of Reclamation. in the assessment of water use; sources in the United States, including— (5) TRANSFERRED WORKS.—The term ‘‘trans- (C) the integration of any dataset main- (A) historic trends and annual updates of ferred works’’ means a project facility, the tained by any other Federal or State agency river basin inflows and outflows; operation and maintenance of which is car- into the dataset maintained by the Sec- (B) surface water storage; ried out by a non-Federal entity, under the retary; and (C) groundwater reserves; and provisions of a formal operation and mainte- (D) a focus on the scientific integration of (D) estimates of undeveloped potential re- nance transfer contract. any data relating to water use, water flow, sources (including saline and brackish water (6) TRANSFERRED WORKS OPERATING ENTI- or water quality to generate relevant infor- and wastewater); TY.—The term ‘‘transferred works operating

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.050 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S527 entity’’ means the organization which is con- transferred works operating entity’s work- seek reimbursement from the transferred tractually responsible for operation and force. works operating entity or benefitting entity maintenance of transferred works. (E) Development of a public outreach plan upon receiving a written assurance from the (7) EXTRAORDINARY OPERATION AND MAINTE- on the operation and risks associated with a governing body of such entity that it will ne- NANCE WORK.—The term ‘‘extraordinary oper- project facility. gotiate a contract pursuant to section 9603 ation and maintenance work’’ means major, (F) Development of any other plans or doc- for repayment of costs incurred by the Sec- nonrecurring maintenance to Reclamation- umentation which, in the judgment of the retary in undertaking such work. owned or operated facilities, or facility com- Secretary, will contribute to public safety (3) FUNDING.—If the Secretary determines ponents, that is— and the sage operation of a project facility. that a project facility inspected and main- (A) intended to ensure the continued safe, (2) COSTS.—The Secretary is authorized to tained pursuant to the guidelines and cri- dependable, and reliable delivery of author- provide, on a non-reimbursable basis, up to teria set forth in section 9602(a) requires ex- ized project benefits; and 50 percent of the cost of such technical as- traordinary operation and maintenance pur- (B) greater than 10 percent of the contrac- sistance, with the balance of such costs suant to paragraph (1), the Secretary may tor’s or the transferred works operating enti- being advanced by the transferred works op- provide Federal funds on a nonreimbursable ty’s annual operation and maintenance budg- erating entity or other non-Federal source. basis sufficient to cover 35 percent of the et for the facility, or greater than $100,000. The non-Federal 50 percent minimum cost cost of the extraordinary operation and SEC. 9602. GUIDELINES AND INSPECTION OF share for such technical assistance may be in maintenance allocable to the transferred PROJECT FACILITIES AND TECH- the form of in-lieu contributions of resources works operating entity, which is needed to NICAL ASSISTANCE TO TRANS- by the transferred works operating entity or minimize the risk of imminent harm. The re- FERRED WORKS OPERATING ENTI- other non-Federal source. maining share of the Federal funds advanced TIES. SEC. 9603. EXTRAORDINARY OPERATION AND by the Secretary for such work shall be re- (a) GUIDELINES AND INSPECTIONS.— MAINTENANCE WORK PERFORMED paid under subsection (b). (1) DEVELOPMENT OF GUIDELINES.—Not later BY THE SECRETARY. than 1 year after the date of enactment of SEC. 9604. RELATIONSHIP TO TWENTY-FIRST (a) IN GENERAL.—The Secretary or the CENTURY WATER WORKS ACT. this Act, the Secretary in consultation with transferred works operating entity may Nothing in this subtitle shall preclude a transferred works operating entities shall carry out, in accordance with subsection (b) transferred works operating entity from ap- develop, consistent with existing transfer and consistent with existing transfer con- plying and receiving a loan-guarantee pursu- contracts, specific inspection guidelines for tracts, any extraordinary operation and ant to the Twenty-First Century Water project facilities which are in proximity to maintenance work on a project facility that Works Act (43 U.S.C. 2401 et seq.). urbanized areas and which could pose a risk the Secretary determines to be reasonably to public safety or property damage if such required to preserve the structural safety of SEC. 9605. AUTHORIZATION OF APPROPRIATIONS. project facilities were to fail. the project facility. There are authorized to be appropriated (2) CONDUCT OF INSPECTIONS.—Not later (b) REIMBURSEMENT OF COSTS ARISING FROM such sums as are necessary to carry out this than 3 years after the date of enactment of EXTRAORDINARY OPERATION AND MAINTE- subtitle. this Act, the Secretary shall conduct inspec- NANCE WORK.— TITLE X—WATER SETTLEMENTS (1) TREATMENT OF COSTS.—For reserved tions of those project facilities, which are in Subtitle A—San Joaquin River Restoration works, costs incurred by the Secretary in proximity to urbanized areas and which Settlement could pose a risk to public safety or property conducting extraordinary operation and damage if such facilities were to fail, using maintenance work will be allocated to the PART I—SAN JOAQUIN RIVER such specific inspection guidelines and cri- authorized reimbursable purposes of the RESTORATION SETTLEMENT ACT teria developed pursuant to paragraph (1). In project and shall be repaid within 50 years, SEC. 10001. SHORT TITLE. selecting project facilities to inspect, the with interest, from the year in which work This part may be cited as the ‘‘San Joa- Secretary shall take into account the poten- undertaken pursuant to this subtitle is sub- quin River Restoration Settlement Act’’. tial magnitude of public safety and economic stantially complete. SEC. 10002. PURPOSE. damage posed by each project facility. (2) AUTHORITY OF SECRETARY.—For trans- The purpose of this part is to authorize im- (3) TREATMENT OF COSTS.—The costs in- ferred works, the Secretary is authorized to plementation of the Settlement. advance the costs incurred by the trans- curred by the Secretary in conducting these SEC. 10003. DEFINITIONS. inspections shall be nonreimbursable. ferred works operating entity in conducting In this part: (b) USE OF INSPECTION DATA.—The Sec- extraordinary operation and maintenance retary shall use the data collected through work and negotiate appropriate 50-year re- (1) The terms ‘‘Friant Division long-term the conduct of the inspections under sub- payment contracts with project beneficiaries contractors’’, ‘‘Interim Flows’’, ‘‘Restoration section (a)(2) to— providing for the return of reimbursable Flows’’, ‘‘Recovered Water Account’’, ‘‘Res- (1) provide recommendations to the trans- costs, with interest, under this subsection: toration Goal’’, and ‘‘Water Management ferred works operating entities for improve- Provided, however, That no contract entered Goal’’ have the meanings given the terms in ment of operation and maintenance proc- into pursuant to this subtitle shall be the Settlement. esses, operating procedures including oper- deemed to be a new or amended contract for (2) The term ‘‘Secretary’’ means the Sec- ation guidelines consistent with existing the purposes of section 203(a) of the Rec- retary of the Interior. transfer contracts, and structural modifica- lamation Reform Act of 1982 (43 U.S.C. (3) The term ‘‘Settlement’’ means the Stip- tions to those transferred works; 390cc(a)). ulation of Settlement dated September 13, 2006, in the litigation entitled Natural Re- (2) determine an appropriate inspection (3) DETERMINATION OF INTEREST RATE.—The frequency for such nondam project facilities interest rate used for computing interest on sources Defense Council, et al. v. Kirk Rod- which shall not exceed 6 years; and work in progress and interest on the unpaid gers, et al., United States District Court, (3) provide, upon request of transferred balance of the reimbursable costs of extraor- Eastern District of California, No. CIV. S–88– work operating entities, local governments, dinary operation and maintenance work au- 1658–LKK/GGH. or State agencies, information regarding po- thorized by this subtitle shall be determined SEC. 10004. IMPLEMENTATION OF SETTLEMENT. tential hazards posed by existing or proposed by the Secretary of the Treasury, as of the (a) IN GENERAL.—The Secretary of the In- residential, commercial, industrial or public- beginning of the fiscal year in which extraor- terior is hereby authorized and directed to use development adjacent to project facili- dinary operation and maintenance work is implement the terms and conditions of the ties. commenced, on the basis of average market Settlement in cooperation with the State of (c) TECHNICAL ASSISTANCE TO TRANSFERRED yields on outstanding marketable obliga- California, including the following measures WORKS OPERATING ENTITIES.— tions of the United States with the remain- as these measures are prescribed in the Set- (1) AUTHORITY OF SECRETARY TO PROVIDE ing periods of maturity comparable to the tlement: TECHNICAL ASSISTANCE.—The Secretary is au- applicable reimbursement period of the (1) Design and construct channel and struc- thorized, at the request of a transferred project, adjusted to the nearest 1⁄8 of 1 per- tural improvements as described in para- works operating entity in proximity to an cent on the unamortized balance of any por- graph 11 of the Settlement, provided, how- urbanized area, to provide technical assist- tion of the loan. ever, that the Secretary shall not make or ance to accomplish the following, if con- (c) EMERGENCY EXTRAORDINARY OPERATION fund any such improvements to facilities or sistent with existing transfer contracts: AND MAINTENANCE WORK.— property of the State of California without (A) Development of documented operating (1) IN GENERAL.—The Secretary or the the approval of the State of California and procedures for a project facility. transferred works operating entity shall the State’s agreement in 1 or more memo- (B) Development of documented emergency carry out any emergency extraordinary oper- randa of understanding to participate where notification and response procedures for a ation and maintenance work on a project fa- appropriate. project facility. cility that the Secretary determines to be (2) Modify Friant Dam operations so as to (C) Development of facility inspection cri- necessary to minimize the risk of imminent provide Restoration Flows and Interim teria for a project facility. harm to public health or safety, or property. Flows. (D) Development of a training program on (2) REIMBURSEMENT.—The Secretary may (3) Acquire water, water rights, or options operation and maintenance requirements advance funds for emergency extraordinary to acquire water as described in paragraph 13 and practices for a project facility for a operation and maintenance work and shall of the Settlement, provided, however, such

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.056 S15JAPT1 jbell on PROD1PC69 with SENATE S528 CONGRESSIONAL RECORD — SENATE January 15, 2009 acquisitions shall only be made from willing ment and this part, nothing in this part shall (B) additional amounts authorized to be sellers and not through eminent domain. modify or amend the rights and obligations appropriated, including the charges required (4) Implement the terms and conditions of of the parties to any existing water service, under section 10007 and an estimated paragraph 16 of the Settlement related to re- repayment, purchase, or exchange contract. $20,000,000 from the CVP Restoration Fund circulation, recapture, reuse, exchange, or (h) INTERIM FLOWS.— pursuant to section 10009(b)(2); and transfer of water released for Restoration (1) STUDY REQUIRED.—Prior to releasing (C) an aggregate commitment of at least Flows or Interim Flows, for the purpose of any Interim Flows under the Settlement, the $200,000,000 by the State of California. accomplishing the Water Management Goal Secretary shall prepare an analysis in com- (2) ADDITIONAL AMOUNTS.—Substantial ad- of the Settlement, subject to— pliance with the National Environmental ditional amounts from the San Joaquin (A) applicable provisions of California Policy Act of 1969 (42 U.S.C. 4321 et seq.), in- River Restoration Fund shall become avail- water law; cluding at a minimum— able without further appropriation after Oc- (B) the Secretary’s use of Central Valley (A) an analysis of channel conveyance ca- tober 1, 2019, pursuant to section 10009(c)(2). Project facilities to make Project water pacities and potential for levee or ground- (3) EFFECT OF SUBSECTION.—Nothing in this (other than water released from Friant Dam water seepage; subsection limits the availability of funds pursuant to the Settlement) and water ac- (B) a description of the associated seepage authorized for appropriation pursuant to sec- quired through transfers available to exist- monitoring program; tion 10009(b) or 10203(c). ing south-of-Delta Central Valley Project (C) an evaluation of— (j) SAN JOAQUIN RIVER EXCHANGE CON- contractors; and (i) possible impacts associated with the re- TRACT.—Subject to section 10006(b), nothing (C) the Secretary’s performance of the lease of Interim Flows; and in this part shall modify or amend the rights Agreement of November 24, 1986, between the (ii) mitigation measures for those impacts and obligations under the Purchase Contract United States of America and the Depart- that are determined to be significant; between Miller and Lux and the United ment of Water Resources of the State of (D) a description of the associated flow States and the Second Amended Exchange California for the coordinated operation of monitoring program; and Contract between the United States, Depart- the Central Valley Project and the State (E) an analysis of the likely Federal costs, ment of the Interior, Bureau of Reclamation Water Project as authorized by Congress in if any, of any fish screens, fish bypass facili- and Central California Irrigation District, section 2(d) of the Act of August 26, 1937 (50 ties, fish salvage facilities, and related oper- San Luis Canal Company, Firebaugh Canal Stat. 850, 100 Stat. 3051), including any agree- ations on the San Joaquin River south of the Water District and Columbia Canal Com- ment to resolve conflicts arising from said confluence with the Merced River required pany. Agreement. under the Endangered Species Act of 1973 (16 SEC. 10005. ACQUISITION AND DISPOSAL OF (5) Develop and implement the Recovered U.S.C. 1531 et seq.) as a result of the Interim PROPERTY; TITLE TO FACILITIES. (a) TITLE TO FACILITIES.—Unless acquired Water Account as specified in paragraph Flows. pursuant to subsection (b), title to any facil- 16(b) of the Settlement, including the pricing (2) CONDITIONS FOR RELEASE.—The Sec- ity or facilities, stream channel, levees, or and payment crediting provisions described retary is authorized to release Interim Flows other real property modified or improved in in paragraph 16(b)(3) of the Settlement, pro- to the extent that such flows would not— the course of implementing the Settlement vided that all other provisions of Federal (A) impede or delay completion of the authorized by this part, and title to any reclamation law shall remain applicable. measures specified in Paragraph 11(a) of the modifications or improvements of such facil- (b) AGREEMENTS.— Settlement; or ity or facilities, stream channel, levees, or (1) AGREEMENTS WITH THE STATE.—In order (B) exceed existing downstream channel other real property— to facilitate or expedite implementation of capacities. (1) shall remain in the owner of the prop- the Settlement, the Secretary is authorized (3) SEEPAGE IMPACTS.—The Secretary shall erty; and and directed to enter into appropriate agree- reduce Interim Flows to the extent nec- (2) shall not be transferred to the United ments, including cost-sharing agreements, essary to address any material adverse im- States on account of such modifications or with the State of California. pacts to third parties from groundwater (2) OTHER AGREEMENTS.—The Secretary is improvements. seepage caused by such flows that the Sec- CQUISITION OF PROPERTY.— authorized to enter into contracts, memo- (b) A retary identifies based on the monitoring (1) IN GENERAL.—The Secretary is author- randa of understanding, financial assistance program of the Secretary. ized to acquire through purchase from will- agreements, cost sharing agreements, and (4) TEMPORARY FISH BARRIER PROGRAM.— ing sellers any property, interests in prop- other appropriate agreements with State, The Secretary, in consultation with the Cali- erty, or options to acquire real property tribal, and local governmental agencies, and fornia Department of Fish and Game, shall needed to implement the Settlement author- with private parties, including agreements evaluate the effectiveness of the Hills Ferry ized by this part. related to construction, improvement, and barrier in preventing the unintended up- (2) APPLICABLE LAW.—The Secretary is au- operation and maintenance of facilities, sub- stream migration of anadromous fish in the thorized, but not required, to exercise all of ject to any terms and conditions that the San Joaquin River and any false migratory the authorities provided in section 2 of the Secretary deems necessary to achieve the pathways. If that evaluation determines that Act of August 26, 1937 (50 Stat. 844, chapter purposes of the Settlement. any such migration past the barrier is 832), to carry out the measures authorized in (c) ACCEPTANCE AND EXPENDITURE OF NON- caused by the introduction of the Interim FEDERAL FUNDS.—The Secretary is author- this section and section 10004. Flows and that the presence of such fish will (c) DISPOSAL OF PROPERTY.— ized to accept and expend non-Federal funds result in the imposition of additional regu- in order to facilitate implementation of the (1) IN GENERAL.—Upon the Secretary’s de- latory actions against third parties, the Sec- termination that retention of title to prop- Settlement. retary is authorized to assist the Depart- (d) MITIGATION OF IMPACTS.—Prior to the erty or interests in property acquired pursu- ment of Fish and Game in making improve- implementation of decisions or agreements ant to this part is no longer needed to be ments to the barrier. From funding made to construct, improve, operate, or maintain held by the United States for the furtherance available in accordance with section 10009, if facilities that the Secretary determines are of the Settlement, the Secretary is author- third parties along the San Joaquin River needed to implement the Settlement, the ized to dispose of such property or interest in south of its confluence with the Merced Secretary shall identify— property on such terms and conditions as the River are required to install fish screens or (1) the impacts associated with such ac- Secretary deems appropriate and in the best fish bypass facilities due to the release of In- tions; and interest of the United States, including pos- terim Flows in order to comply with the En- (2) the measures which shall be imple- sible transfer of such property to the State dangered Species Act of 1973 (16 U.S.C. 1531 et mented to mitigate impacts on adjacent and of California. seq.), the Secretary shall bear the costs of downstream water users and landowners. (2) RIGHT OF FIRST REFUSAL.—In the event (e) DESIGN AND ENGINEERING STUDIES.—The the installation of such screens or facilities the Secretary determines that property ac- Secretary is authorized to conduct any de- if such costs would be borne by the Federal quired pursuant to this part through the ex- sign or engineering studies that are nec- Government under section 10009(a)(3), except ercise of its eminent domain authority is no essary to implement the Settlement. to the extent that such costs are already or longer necessary for implementation of the (f) EFFECT ON CONTRACT WATER ALLOCA- are further willingly borne by the State of Settlement, the Secretary shall provide a TIONS.—Except as otherwise provided in this California or by the third parties. right of first refusal to the property owner section, the implementation of the Settle- (i) FUNDING AVAILABILITY.— from whom the property was initially ac- ment and the reintroduction of California (1) IN GENERAL.—Funds shall be collected quired, or his or her successor in interest, on Central Valley Spring Run Chinook salmon in the San Joaquin River Restoration Fund the same terms and conditions as the prop- pursuant to the Settlement and section through October 1, 2019, and thereafter, with erty is being offered to other parties. 10011, shall not result in the involuntary re- substantial amounts available through Octo- (3) DISPOSITION OF PROCEEDS.—Proceeds duction in contract water allocations to Cen- ber 1, 2019, pursuant to section 10009 for im- from the disposal by sale or transfer of any tral Valley Project long-term contractors, plementation of the Settlement and parts I such property or interests in such property other than Friant Division long-term con- and III, including— shall be deposited in the fund established by tractors. (A) $88,000,000, to be available without fur- section 10009(c). (g) EFFECT ON EXISTING WATER CON- ther appropriation pursuant to section (d) GROUNDWATER BANK.—Nothing in this TRACTS.—Except as provided in the Settle- 10009(c)(2); part authorizes the Secretary to operate a

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.056 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S529 groundwater bank along or adjacent to the SEC. 10008. NO PRIVATE RIGHT OF ACTION. following funds shall be deposited and used San Joaquin River upstream of the con- (a) IN GENERAL.—Nothing in this part con- solely for the purpose of implementing the fluence with the Merced River, and any such fers upon any person or entity not a party to Settlement except as otherwise provided in groundwater bank shall be operated by a the Settlement a private right of action or subsections (a) and (b) of section 10203: non-Federal entity. claim for relief to interpret or enforce the (A) All payments received pursuant to sec- SEC. 10006. COMPLIANCE WITH APPLICABLE LAW. provisions of this part or the Settlement. tion 3406(c)(1) of the Reclamation Projects (a) APPLICABLE LAW.— (b) APPLICABLE LAW.—This section shall Authorization and Adjustment Act of 1992 (1) IN GENERAL.—In undertaking the meas- not alter or curtail any right of action or (Public Law 102–575; 106 Stat. 4721). ures authorized by this part, the Secretary claim for relief under any other applicable (B) The construction cost component (not and the Secretary of Commerce shall comply law. otherwise needed to cover operation and with all applicable Federal and State laws, SEC. 10009. APPROPRIATIONS; SETTLEMENT maintenance costs) of payments made by rules, and regulations, including the Na- FUND. Friant Division, Hidden Unit, and Buchanan (a) IMPLEMENTATION COSTS.— tional Environmental Policy Act of 1969 (42 Unit long-term contractors pursuant to long- (1) IN GENERAL.—The costs of imple- U.S.C. 4321 et seq.) and the Endangered Spe- term water service contracts or pursuant to menting the Settlement shall be covered by cies Act of 1973 (16 U.S.C. 1531 et seq.), as nec- repayment contracts, including repayment payments or in-kind contributions made by essary. contracts executed pursuant to section 10010. Friant Division contractors and other non- (2) ENVIRONMENTAL REVIEWS.—The Sec- The construction cost repayment obligation Federal parties, including the funds provided retary and the Secretary of Commerce are assigned such contractors under such con- in subparagraphs (A) through (D) of sub- authorized and directed to initiate and expe- tracts shall be reduced by the amount paid section (c)(1), estimated to total $440,000,000, ditiously complete applicable environmental pursuant to this paragraph and the appro- of which the non-Federal payments are esti- reviews and consultations as may be nec- priate share of the existing Federal invest- mated to total $200,000,000 (at October 2006 essary to effectuate the purposes of the Set- ment in the Central Valley Project to be re- price levels) and the amount from repaid tlement. covered by the Secretary pursuant to Public Central Valley Project capital obligations is (b) EFFECT ON STATE LAW.—Nothing in this Law 99–546 (100 Stat. 3050) shall be reduced by estimated to total $240,000,000, the additional part shall preempt State law or modify any an equivalent sum. Federal appropriation of $250,000,000 author- existing obligation of the United States (C) Proceeds from the sale of water pursu- ized pursuant to subsection (b)(1), and such under Federal reclamation law to operate ant to the Settlement, or from the sale of additional funds authorized pursuant to sub- the Central Valley Project in conformity property or interests in property as provided section (b)(2); provided however, that the with State law. in section 10005. costs of implementing the provisions of sec- (c) USE OF FUNDS FOR ENVIRONMENTAL RE- (D) Any non-Federal funds, including State tion 10004(a)(1) shall be shared by the State VIEWS.— cost-sharing funds, contributed to the United of California pursuant to the terms of a (1) DEFINITION OF ENVIRONMENTAL REVIEW.— States for implementation of the Settle- memorandum of understanding executed by For purposes of this subsection, the term ment, which the Secretary may expend with- the State of California and the Parties to the ‘‘environmental review’’ includes any con- out further appropriation for the purposes Settlement on September 13, 2006, which in- sultation and planning necessary to comply for which contributed. cludes at least $110,000,000 of State funds. with subsection (a). (2) AVAILABILITY.—All funds deposited into (2) ADDITIONAL AGREEMENTS.— (2) PARTICIPATION IN ENVIRONMENTAL RE- the Fund pursuant to subparagraphs (A), (B), (A) IN GENERAL.—The Secretary shall enter VIEW PROCESS.—In undertaking the measures and (C) of paragraph (1) are authorized for into 1 or more agreements to fund or imple- authorized by section 10004, and for which appropriation to implement the Settlement ment improvements on a project-by-project environmental review is required, the Sec- and this part, in addition to the authoriza- basis with the State of California. retary may provide funds made available tion provided in subsections (a) and (b) of (B) REQUIREMENTS.—Any agreements en- under this part to affected Federal agencies, section 10203, except that $88,000,000 of such tered into under subparagraph (A) shall pro- State agencies, local agencies, and Indian funds are available for expenditure without vide for recognition of either monetary or in- tribes if the Secretary determines that such further appropriation; provided that after kind contributions toward the State of Cali- funds are necessary to allow the Federal October 1, 2019, all funds in the Fund shall be fornia’s share of the cost of implementing agencies, State agencies, local agencies, or available for expenditure without further ap- the provisions of section 10004(a)(1). Indian tribes to effectively participate in the propriation. (3) LIMITATION.—Except as provided in the environmental review process. (d) LIMITATION ON CONTRIBUTIONS.—Pay- (3) LIMITATION.—Funds may be provided Settlement, to the extent that costs incurred ments made by long-term contractors who under paragraph (2) only to support activi- solely to implement this Settlement would receive water from the Friant Division and ties that directly contribute to the imple- not otherwise have been incurred by any en- Hidden and Buchanan Units of the Central mentation of the terms and conditions of the tity or public or local agency or subdivision Valley Project pursuant to sections 3406(c)(1) Settlement. of the State of California, such costs shall and 3407(d)(2) of the Reclamation Projects (d) NONREIMBURSABLE FUNDS.—The United not be borne by any such entity, agency, or Authorization and Adjustment Act of 1992 States’ share of the costs of implementing subdivision of the State of California, unless (Public Law 102–575; 106 Stat. 4721, 4727) and this part shall be nonreimbursable under such costs are incurred on a voluntary basis. payments made pursuant to paragraph Federal reclamation law, provided that noth- (b) AUTHORIZATION OF APPROPRIATIONS.— 16(b)(3) of the Settlement and subsection ing in this subsection shall limit or be con- (1) IN GENERAL.—In addition to the funding (c)(1)(B) shall be the limitation of such enti- strued to limit the use of the funds assessed provided in subsection (c), there are also au- ties’ direct financial contribution to the Set- and collected pursuant to sections 3406(c)(1) thorized to be appropriated not to exceed tlement, subject to the terms and conditions and 3407(d)(2) of the Reclamation Projects $250,000,000 (at October 2006 price levels) to of paragraph 21 of the Settlement. Authorization and Adjustment Act of 1992 implement this part and the Settlement, to (e) NO ADDITIONAL EXPENDITURES RE- (Public Law 102–575; 106 Stat. 4721, 4727), for be available until expended; provided how- QUIRED.—Nothing in this part shall be con- implementation of the Settlement, nor shall ever, that the Secretary is authorized to strued to require a Federal official to expend it be construed to limit or modify existing or spend such additional appropriations only in Federal funds not appropriated by Congress, future Central Valley Project ratesetting amounts equal to the amount of funds depos- or to seek the appropriation of additional policies. ited in the San Joaquin River Restoration funds by Congress, for the implementation of SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY Fund (not including payments under sub- the Settlement. PROJECT IMPROVEMENT ACT. section (c)(1)(B) and proceeds under sub- (f) REACH 4B.— Congress hereby finds and declares that section (c)(1)(C)), the amount of in-kind con- (1) STUDY.— the Settlement satisfies and discharges all of tributions, and other non-Federal payments (A) IN GENERAL.—In accordance with the the obligations of the Secretary contained in actually committed to the implementation Settlement and the memorandum of under- section 3406(c)(1) of the Reclamation of this part or the Settlement. standing executed pursuant to paragraph 6 of Projects Authorization and Adjustment Act (2) USE OF THE CENTRAL VALLEY PROJECT the Settlement, the Secretary shall conduct of 1992 (Public Law 102–575; 106 Stat. 4721), RESTORATION FUND.—The Secretary is au- a study that specifies— provided, however, that— thorized to use monies from the Central Val- (i) the costs of undertaking any work re- (1) the Secretary shall continue to assess ley Project Restoration Fund created under quired under paragraph 11(a)(3) of the Settle- and collect the charges provided in section section 3407 of the Reclamation Projects Au- ment to increase the capacity of reach 4B 3406(c)(1) of the Reclamation Projects Au- thorization and Adjustment Act of 1992 (Pub- prior to reinitiation of Restoration Flows; thorization and Adjustment Act of 1992 (Pub- lic Law 102–575; 106 Stat. 4727) for purposes of (ii) the impacts associated with reiniti- lic Law 102–575; 106 Stat. 4721), as provided in this part in an amount not to exceed ation of such flows; and the Settlement; and $2,000,000 (October 2006 price levels) in any (iii) measures that shall be implemented to (2) those assessments and collections shall fiscal year. mitigate impacts. continue to be counted toward the require- (c) FUND.— (B) DEADLINE.—The study under subpara- ments of the Secretary contained in section (1) IN GENERAL.—There is hereby estab- graph (A) shall be completed prior to res- 3407(c)(2) of the Reclamation Projects Au- lished within the Treasury of the United toration of any flows other than Interim thorization and Adjustment Act of 1992 (Pub- States a fund, to be known as the San Joa- Flows. lic Law 102–575; 106 Stat. 4726). quin River Restoration Fund, into which the (2) REPORT.—

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(A) IN GENERAL.—The Secretary shall file a trict; Terra Bella Irrigation District; Tulare fication of the allocation if such amount is a report with Congress not later than 90 days Irrigation District; Madera Irrigation Dis- result of a collective annual allocation of after issuing a determination, as required by trict; and Chowchilla Water District. Upon capital costs to the contractors exercising the Settlement, on whether to expand chan- request of the contractor, the Secretary is contract conversions under this subsection nel conveyance capacity to 4500 cubic feet authorized to convert, prior to December 31, of less than $5,000,000. If such amount is per second in reach 4B of the San Joaquin 2010, other existing long-term contracts with $5,000,000 or greater, such cost shall be repaid River, or use an alternative route for pulse Friant Division contractors entered under as provided by applicable Reclamation law, flows, that— subsection (e) of section 9 of the Act of Au- provided that the reference to the amount of (i) explains whether the Secretary has de- gust 4, 1939 (53 Stat. 1196), to contracts under $5,000,000 shall not be a precedent in any cided to expand Reach 4B capacity to 4500 subsection (d) of section 9 of said Act (53 other context; and cubic feet per second; and Stat. 1195), under mutually agreeable terms (C) conform to the Settlement and this (ii) addresses the following matters: and conditions. part and shall continue so long as the con- (I) The basis for the Secretary’s determina- (2) Upon request of the contractor, the Sec- tractor pays applicable charges, consistent tion, whether set out in environmental re- retary is further authorized to convert, prior with subsection (c)(2) and applicable law. view documents or otherwise, as to whether to December 31, 2010, any existing Friant Di- (b) FINAL ADJUSTMENT.—The amounts paid the expansion of Reach 4B would be the pref- vision long-term contract entered under sub- pursuant to subsection (a) shall be subject to erable means to achieve the Restoration section (c)(2) of section 9 of the Act of Au- adjustment following a final cost allocation Goal as provided in the Settlement, includ- gust 4, 1939 (53 Stat. 1194), to a contract by the Secretary upon completion of the con- ing how different factors were assessed such under subsection (c)(1) of section 9 of said struction of the Central Valley Project. In as comparative biological and habitat bene- Act, under mutually agreeable terms and the event that the final cost allocation indi- fits, comparative costs, relative availability conditions. cates that the costs properly assignable to of State cost-sharing funds, and the com- (3) All such contracts entered into pursu- the contractor are greater than what has parative benefits and impacts on water tem- ant to paragraph (1) shall— been paid by the contractor, the contractor perature, water supply, private property, and (A) require the repayment, either in lump shall be obligated to pay the remaining allo- local and downstream flood control. sum or by accelerated prepayment, of the re- cated costs. The term of such additional re- (II) The Secretary’s final cost estimate for maining amount of construction costs iden- payment contract shall be no less than 1 expanding Reach 4B capacity to 4500 cubic tified in the Central Valley Project Schedule year and no more than 10 years, however, feet per second, or any alternative route se- of Irrigation Capital Rates by Contractor mutually agreeable provisions regarding the lected, as well as the alternative cost esti- 2007 Irrigation Water Rates, dated January rate of repayment of such amount may be mates provided by the State, by the Restora- 25, 2007, as adjusted to reflect payments not developed by the parties. In the event that tion Administrator, and by the other parties reflected in such schedule, and properly as- the final cost allocation indicates that the to the Settlement. signable for ultimate return by the con- costs properly assignable to the contractor (III) The Secretary’s plan for funding the tractor, no later than January 31, 2011, or if are less than what the contractor has paid, costs of expanding Reach 4B or any alter- made in approximately equal annual install- the Secretary is authorized and directed to native route selected, whether by existing ments, no later than January 31, 2014; such credit such overpayment as an offset against Federal funds provided under this subtitle, amount to be discounted by 1⁄2 the Treasury any outstanding or future obligation of the by non-Federal funds, by future Federal ap- Rate. An estimate of the remaining amount contractor. propriations, or some combination of such of construction costs as of January 31, 2011, (c) APPLICABILITY OF CERTAIN PROVI- sources. as adjusted, shall be provided by the Sec- SIONS.— (B) DETERMINATION REQUIRED.—The Sec- retary to each contractor no later than June (1) Notwithstanding any repayment obliga- retary shall, to the extent feasible, make the 30, 2010; tion under subsection (a)(3)(B) or subsection determination in subparagraph (A) prior to (B) require that, notwithstanding sub- (b), upon a contractor’s compliance with and undertaking any substantial construction section (c)(2), construction costs or other discharge of the obligation of repayment of work to increase capacity in reach 4B. capitalized costs incurred after the effective the construction costs as provided in sub- (3) COSTS.—If the Secretary’s estimated date of the contract or not reflected in the section (a)(3)(A), the provisions of section Federal cost for expanding reach 4B in para- schedule referenced in subparagraph (A), and 213(a) and (b) of the Reclamation Reform Act graph (2), in light of the Secretary’s funding properly assignable to such contractor, shall of 1982 (96 Stat. 1269) shall apply to lands in plan set out in that paragraph, would exceed be repaid in not more than 5 years after noti- such district. the remaining Federal funding authorized by fication of the allocation if such amount is a (2) Notwithstanding any repayment obliga- this part (including all funds reallocated, all result of a collective annual allocation of tion under paragraph (3)(B) or (4)(B) of sub- funds dedicated, and all new funds author- capital costs to the contractors exercising section (a), or subsection (b), upon a contrac- ized by this part and separate from all com- contract conversions under this subsection tor’s compliance with and discharge of the mitments of State and other non-Federal of less than $5,000,000. If such amount is obligation of repayment of the construction funds and in-kind commitments), then before $5,000,000 or greater, such cost shall be repaid costs as provided in paragraphs (3)(A) and the Secretary commences actual construc- as provided by applicable Reclamation law, (4)(A) of subsection (a), the Secretary shall tion work in reach 4B (other than planning, provided that the reference to the amount of waive the pricing provisions of section design, feasibility, or other preliminary $5,000,000 shall not be a precedent in any 3405(d) of the Reclamation Projects Author- measures) to expand capacity to 4500 cubic other context; ization and Adjustment Act of 1992 (Public feet per second to implement this Settle- (C) provide that power revenues will not be Law 102–575) for such contractor, provided ment, Congress must have increased the ap- available to aid in repayment of construc- that such contractor shall continue to pay plicable authorization ceiling provided by tion costs allocated to irrigation under the applicable operation and maintenance costs this part in an amount at least sufficient to contract; and and other charges applicable to such repay- cover the higher estimated Federal costs. (D) conform to the Settlement and this ment contracts pursuant to the then-current SEC. 10010. REPAYMENT CONTRACTS AND ACCEL- part and shall continue so long as the con- rate-setting policy and applicable law. ERATION OF REPAYMENT OF CON- tractor pays applicable charges, consistent (3) Provisions of the Settlement applying STRUCTION COSTS. with subsection (c)(2) and applicable law. to Friant Division, Hidden Unit, and Bu- (a) CONVERSION OF CONTRACTS.— (4) All such contracts entered into pursu- chanan Unit long-term water service con- (1) The Secretary is authorized and di- ant to paragraph (2) shall— tracts shall also apply to contracts executed rected to convert, prior to December 31, 2010, (A) require the repayment in lump sum of pursuant to this section. all existing long-term contracts with the fol- the remaining amount of construction costs (d) REDUCTION OF CHARGE FOR THOSE CON- lowing Friant Division, Hidden Unit, and Bu- identified in the most current version of the TRACTS CONVERTED PURSUANT TO SUBSECTION chanan Unit contractors, entered under sub- Central Valley Project Schedule of Munic- (A)(1).— section (e) of section 9 of the Act of August ipal and Industrial Water Rates, as adjusted (1) At the time all payments by the con- 4, 1939 (53 Stat. 1196), to contracts under sub- to reflect payments not reflected in such tractor required by subsection (a)(3)(A) have section (d) of section 9 of said Act (53 Stat. schedule, and properly assignable for ulti- been completed, the Secretary shall reduce 1195), under mutually agreeable terms and mate return by the contractor, no later than the charge mandated in section 10007(1) of conditions: Arvin-Edison Water Storage Dis- January 31, 2014. An estimate of the remain- this part, from 2020 through 2039, to offset trict; Delano-Earlimart Irrigation District; ing amount of construction costs as of Janu- the financing costs as defined in section Exeter Irrigation District; Fresno Irrigation ary 31, 2014, as adjusted, shall be provided by 10010(d)(3). The reduction shall be calculated District; Ivanhoe Irrigation District; the Secretary to each contractor no later at the time all payments by the contractor Lindmore Irrigation District; Lindsay- than June 30, 2013; required by subsection (a)(3)(A) have been Strathmore Irrigation District; Lower Tule (B) require that, notwithstanding sub- completed. The calculation shall remain River Irrigation District; Orange Cove Irri- section (c)(2), construction costs or other fixed from 2020 through 2039 and shall be gation District; Porterville Irrigation Dis- capitalized costs incurred after the effective based upon anticipated average annual water trict; Saucelito Irrigation District; Shafter- date of the contract or not reflected in the deliveries, as mutually agreed upon by the Wasco Irrigation District; Southern San Joa- schedule referenced in subparagraph (A), and Secretary and the contractor, for the period quin Municipal Utility District; Stone Corral properly assignable to such contractor, shall from 2020 through 2039, and the amounts of Irrigation District; Tea Pot Dome Water Dis- be repaid in not more than 5 years after noti- such reductions shall be discounted using the

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.056 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S531 Treasury Rate; provided, that such charge facilitate the Water Management Goal, as U.S.C. 1533(d)) governing the incidental take shall not be reduced to less than $4.00 per described in the Settlement. The Secretary of reintroduced California Central Valley acre foot of project water delivered; provided shall promptly make such notice publicly Spring Run Chinook salmon prior to the re- further, that such reduction shall be imple- available. introduction. mented annually unless the Secretary deter- (2) DETERMINATION OF REDUCTIONS TO (3) REQUIRED COMPONENTS.—The rule issued mines, based on the availability of other WATER DELIVERIES.—Water transferred or ex- under paragraph (2) shall provide that the re- monies, that the charges mandated in sec- changed under an agreement that meets the introduction will not impose more than de tion 10007(1) are otherwise needed to cover terms of this subsection shall not be counted minimus: water supply reductions, addi- ongoing federal costs of the Settlement, in- as a replacement or an offset for purposes of tional storage releases, or bypass flows on cluding any federal operation and mainte- determining reductions to water deliveries unwilling third parties due to such reintro- nance costs of facilities that the Secretary to any Friant Division long-term contractor duction. determines are needed to implement the Set- except as provided in paragraph 16(b) of the (4) APPLICABLE LAW.—Nothing in this sec- tlement. If the Secretary determines that Settlement. The Secretary shall, at least an- tion— such charges are necessary to cover such on- nually, make publicly available a compila- (A) diminishes the statutory or regulatory going federal costs, the Secretary shall, in- tion of the number of transfer or exchange protections provided in the Endangered Spe- stead of making the reduction in such agreements exercising the provisions of this cies Act of 1973 for any species listed pursu- charges, reduce the contractor’s operation subsection to reduce, avoid, or mitigate im- ant to section 4 of the Endangered Species and maintenance obligation by an equivalent pacts to water deliveries caused by the In- Act of 1973 (16 U.S.C. 1533) other than the re- amount, and such amount shall not be recov- terim Flows or Restoration Flows or to fa- introduced population of California Central ered by the United States from any Central cilitate the Water Management Goal, as well Valley Spring Run Chinook salmon, includ- Valley Project contractor, provided nothing as the volume of water transferred or ex- ing protections pursuant to existing biologi- herein shall affect the obligation of the con- changed under such agreements. cal opinions or new biological opinions tractor to make payments pursuant to a (3) STATE LAW.—Nothing in this subsection issued by the Secretary or Secretary of Com- transfer agreement with a non-federal oper- alters State law or permit conditions, in- ating entity. merce; or cluding any applicable geographical restric- (B) precludes the Secretary or Secretary of (2) If the calculated reduction in paragraph tions on the place of use of water transferred (1), taking into consideration the minimum Commerce from imposing protections under or exchanged pursuant to this subsection. the Endangered Species Act of 1973 (16 U.S.C. amount required, does not result in the con- (f) CERTAIN REPAYMENT OBLIGATIONS NOT 1531 et seq.) for other species listed pursuant tractor offsetting its financing costs, the ALTERED.—Implementation of the provisions to section 4 of that Act (16 U.S.C. 1533) be- Secretary is authorized and directed to re- of this section shall not alter the repayment cause those protections provide incidental duce, after October 1, 2019, any outstanding obligation of any other long-term water benefits to such reintroduced California Cen- or future obligations of the contractor to the service or repayment contractor receiving tral Valley Spring Run Chinook salmon. Bureau of Reclamation, other than the water from the Central Valley Project, or charge assessed and collected under section shift any costs that would otherwise have (d) REPORT.— 3407(d) of Public law 102–575, by the amount been properly assignable to the Friant con- (1) IN GENERAL.—Not later than December of such deficiency, with such amount indexed tractors absent this section, including oper- 31, 2024, the Secretary of Commerce shall re- to 2020 using the Treasury Rate and such ations and maintenance costs, construction port to Congress on the progress made on the amount shall not be recovered by the United costs, or other capitalized costs incurred reintroduction set forth in this section and States from any Central Valley Project con- after the date of enactment of this Act, to the Secretary’s plans for future implementa- tractor, provided nothing herein shall affect other such contractors. tion of this section. the obligation of the contractor to make (g) STATUTORY INTERPRETATION.—Nothing (2) INCLUSIONS.—The report under para- payments pursuant to a transfer agreement in this part shall be construed to affect the graph (1) shall include— with a non-Federal operating entity. right of any Friant Division, Hidden Unit, or (A) an assessment of the major challenges, (3) Financing costs, for the purposes of this Buchanan Unit long-term contractor to use a if any, to successful reintroduction; subsection, shall be computed as the dif- particular type of financing to make the (B) an evaluation of the effect, if any, of ference of the net present value of the con- payments required in paragraph (3)(A) or the reintroduction on the existing popu- struction cost identified in subsection (4)(A) of subsection (a). lation of California Central Valley Spring (a)(3)(A) using the full Treasury Rate as SEC. 10011. CALIFORNIA CENTRAL VALLEY Run Chinook salmon existing on the Sac- compared to using one half of the Treasury SPRING RUN CHINOOK SALMON. ramento River or its tributaries; and Rate and applying those rates against a cal- (a) FINDING.—Congress finds that the im- (C) an assessment regarding the future of culated average annual capital repayment plementation of the Settlement to resolve 18 the reintroduction. through 2030. years of contentious litigation regarding res- (4) Effective in 2040, the charge shall revert toration of the San Joaquin River and the (e) FERC PROJECTS.— to the amount called for in section 10007(1) of reintroduction of the California Central Val- (1) IN GENERAL.—With regard to California this part. ley Spring Run Chinook salmon is a unique Central Valley Spring Run Chinook salmon (5) For purposes of this section, ‘‘Treasury and unprecedented circumstance that re- reintroduced pursuant to the Settlement, Rate’’ shall be defined as the 20 year Con- quires clear expressions of Congressional in- the Secretary of Commerce shall exercise its stant Maturity Treasury (CMT) rate pub- tent regarding how the provisions of the En- authority under section 18 of the Federal lished by the United States Department of dangered Species Act of 1973 (16 U.S.C. 1531 et Power Act (16 U.S.C. 811) by reserving its the Treasury as of October 1, 2010. seq.) are utilized to achieve the goals of res- right to file prescriptions in proceedings for (e) SATISFACTION OF CERTAIN PROVISIONS.— toration of the San Joaquin River and the projects licensed by the Federal Energy Reg- (1) IN GENERAL.—Upon the first release of successful reintroduction of California Cen- ulatory Commission on the Calaveras, Interim Flows or Restoration Flows, pursu- tral Valley Spring Run Chinook salmon. Stanislaus, Tuolumne, Merced, and San Joa- ant to paragraphs 13 or 15 of the Settlement, (b) REINTRODUCTION IN THE SAN JOAQUIN quin rivers and otherwise consistent with any short- or long-term agreement, to which RIVER.—California Central Valley Spring subsection (c) until after the expiration of 1 or more long-term Friant Division, Hidden Run Chinook salmon shall be reintroduced in the term of the Settlement, December 31, Unit, or Buchanan Unit contractor that con- the San Joaquin River below Friant Dam 2025, or the expiration of the designation verts its contract pursuant to subsection (a) pursuant to section 10(j) of the Endangered made pursuant to subsection (b), whichever is a party, providing for the transfer or ex- Species Act of 1973 (16 U.S.C. 1539(j)) and the ends first. change of water not released as Interim Settlement, provided that the Secretary of (2) EFFECT OF SUBSECTION.—Nothing in this Flows or Restoration Flows shall be deemed Commerce finds that a permit for the re- subsection shall preclude the Secretary of to satisfy the provisions of subsection introduction of California Central Valley Commerce from imposing prescriptions pur- 3405(a)(1)(A) and (I) of the Reclamation Spring Run Chinook salmon may be issued suant to section 18 of the Federal Power Act Projects Authorization and Adjustment Act pursuant to section 10(a)(1)(A) of the Endan- (16 U.S.C. 811) solely for other anadromous of 1992 (Public Law 102–575) without the fur- gered Species Act of 1973 (16 U.S.C. fish species because those prescriptions pro- ther concurrence of the Secretary as to com- 1539(a)(1)(A)). vide incidental benefits to such reintroduced pliance with said subsections if the con- (c) FINAL RULE.— California Central Valley Spring Run Chi- tractor provides, not later than 90 days be- (1) DEFINITION OF THIRD PARTY.—For the nook salmon. fore commencement of any such transfer or purpose of this subsection, the term ‘‘third exchange for a period in excess of 1 year, and party’’ means persons or entities diverting (f) EFFECT OF SECTION.—Nothing in this not later than 30 days before commencement or receiving water pursuant to applicable section is intended or shall be construed— of any proposed transfer or exchange with State and Federal laws and shall include (1) to modify the Endangered Species Act duration of less than 1 year, written notice Central Valley Project contractors outside of of 1973 (16 U.S.C. 1531 et seq.) or the Federal to the Secretary stating how the proposed the Friant Division of the Central Valley Power Act (16 U.S.C. 791a et seq.); or transfer or exchange is intended to reduce, Project and the State Water Project. (2) to establish a precedent with respect to avoid, or mitigate impacts to water deliv- (2) ISSUANCE.—The Secretary of Commerce any other application of the Endangered Spe- eries caused by the Interim Flows or Res- shall issue a final rule pursuant to section cies Act of 1973 (16 U.S.C. 1531 et seq.) or the toration Flows or is intended to otherwise 4(d) of the Endangered Species Act of 1973 (16 Federal Power Act (16 U.S.C. 791a et seq.).

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.056 S15JAPT1 jbell on PROD1PC69 with SENATE S532 CONGRESSIONAL RECORD — SENATE January 15, 2009 PART II—STUDY TO DEVELOP WATER section (a) in accordance with all applicable criteria defined in subsection (b), and will PLAN; REPORT Federal and State laws. make the proposed guidelines available for SEC. 10101. STUDY TO DEVELOP WATER PLAN; RE- (c) The costs of implementing this section public comment. Such guidelines may con- PORT. shall be in accordance with section 10203, and sider prioritizing the distribution of avail- (a) PLAN.— shall be a nonreimbursable Federal expendi- able funds to projects that provide the broad- (1) GRANT.—To the extent that funds are ture. est benefit within the affected area and the made available in advance for this purpose, SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL equitable allocation of funds. Upon adoption the Secretary of the Interior, acting through PROJECTS. of such guidelines, the Secretary shall imple- the Bureau of Reclamation, shall provide di- (a) AUTHORIZATION.—The Secretary is au- ment such assistance program, subject to the rect financial assistance to the California thorized to provide financial assistance to availability of funds appropriated for such Water Institute, located at California State local agencies within the Central Valley purpose. Project, California, for the planning, design, University, Fresno, California, to conduct a (d) COST SHARING.—The Federal financial environmental compliance, and construction study regarding the coordination and inte- assistance provided to local agencies under of local facilities to bank water underground gration of sub-regional integrated regional subsection (a) shall not exceed— or to recharge groundwater, and that recover water management plans into a unified Inte- (1) 50 percent of the costs associated with such water, provided that the project meets grated Regional Water Management Plan for planning, design, and environmental compli- the criteria in subsection (b). The Secretary the subject counties in the hydrologic basins ance activities associated with such a is further authorized to require that any that would address issues related to— project; and such local agency receiving financial assist- (A) water quality; (2) 50 percent of the costs associated with ance under the terms of this section submit construction of any such project. (B) water supply (both surface, ground progress reports and accountings to the Sec- water banking, and brackish water desalina- (e) PROJECT OWNERSHIP.— retary, as the Secretary deems appropriate, (1) Title to, control over, and operation of, tion); which such reports shall be publicly avail- (C) water conveyance; projects funded under subsection (a) shall re- able. main in one or more non-Federal local agen- (D) water reliability; (b) CRITERIA.— cies. Nothing in this part authorizes the Sec- (E) water conservation and efficient use (1) A project shall be eligible for Federal fi- retary to operate a groundwater bank along (by distribution systems and by end users); nancial assistance under subsection (a) only or adjacent to the San Joaquin River up- (F) flood control; if all or a portion of the project is designed stream of the confluence with the Merced (G) water resource-related environmental to reduce, avoid, or offset the quantity of the River, and any such groundwater bank shall enhancement; and expected water supply impacts to Friant Di- be operated by a non-Federal entity. All (H) population growth. vision long-term contractors caused by the projects funded pursuant to this subsection (2) STUDY AREA.—The study area referred Interim or Restoration Flows authorized in shall comply with all applicable Federal and to in paragraph (1) is the proposed study area part I of this subtitle, and such quantities State laws, including provisions of California of the San Joaquin River Hydrologic Region have not already been reduced, avoided, or water law. and Tulare Lake Hydrologic Region, as de- offset by other programs or projects. (2) All operation, maintenance, and re- fined by California Department of Water Re- (2) Federal financial assistance shall only placement and rehabilitation costs of such sources Bulletin 160–05, volume 3, chapters 7 apply to the portion of a project that the projects shall be the responsibility of the and 8, including Kern, Tulare, Kings, Fresno, local agency designates as reducing, avoid- local agency. The Secretary shall not pro- Madera, Merced, Stanislaus, and San Joa- ing, or offsetting the expected water supply vide funding for any operation, maintenance, quin counties in California. impacts caused by the Interim or Restora- or replacement and rehabilitation costs of (b) USE OF PLAN.—The Integrated Regional tion Flows authorized in part I of this sub- projects funded under subsection (a). Water Management Plan developed for the 2 title, consistent with the methodology devel- hydrologic basins under subsection (a) shall oped pursuant to paragraph (3)(C). SEC. 10203. AUTHORIZATION OF APPROPRIA- TIONS. serve as a guide for the counties in the study (3) No Federal financial assistance shall be area described in subsection (a)(2) to use as a (a) The Secretary is authorized and di- provided by the Secretary under this part for rected to use monies from the fund estab- mechanism to address and solve long-term construction of a project under subsection water needs in a sustainable and equitable lished under section 10009 to carry out the (a) unless the Secretary— provisions of section 10201(a)(1), in an manner. (A) determines that appropriate planning, (c) REPORT.—The Secretary shall ensure amount not to exceed $35,000,000. design, and environmental compliance ac- that a report containing the results of the (b) In addition to the funds made available tivities associated with such a project have Integrated Regional Water Management pursuant to subsection (a), the Secretary is been completed, and that the Secretary has Plan for the hydrologic regions is submitted also authorized to expend such additional been offered the opportunity to participate to the Committee on Energy and Natural Re- funds from the fund established under sec- in the project at a price that is no higher sources of the Senate and the Committee on tion 10009 to carry out the purposes of sec- than the local agency’s own costs, in order Natural Resources of the House of Rep- tion 10201(a)(2), if such facilities have not al- to secure necessary storage, extraction, and resentatives not later than 24 months after ready been authorized and funded under the conveyance rights for water that may be financial assistance is made available to the plan provided for pursuant to section needed to meet the Restoration Goal as de- California Water Institute under subsection 10004(a)(4), in an amount not to exceed scribed in part I of this subtitle, where such (a)(1). $17,000,000, provided that the Secretary first project has capacity beyond that designated (d) AUTHORIZATION OF APPROPRIATIONS.— determines that such expenditure will not for the purposes in paragraph (2) or where it There are authorized to be appropriated to conflict with or delay his implementation of is feasible to expand such project to allow carry out this section $1,000,000 to remain actions required by part I of this subtitle. participation by the Secretary; available until expended. Notice of the Secretary’s determination (B) determines, based on information shall be published not later than his submis- PART III—FRIANT DIVISION available at the time, that the local agency IMPROVEMENTS sion of the report to Congress required by has the financial capability and willingness section 10009(f)(2). SEC. 10201. FEDERAL FACILITY IMPROVEMENTS. to fund its share of the project’s construc- (c) In addition to funds made available in (a) The Secretary of the Interior (hereafter tion and all operation and maintenance costs subsections (a) and (b), there are authorized referred to as the ‘‘Secretary’’) is authorized on an annual basis; to be appropriated $50,000,000 (October 2008 and directed to conduct feasibility studies in (C) determines that a method acceptable to price levels) to carry out the purposes of this coordination with appropriate Federal, the Secretary has been developed for quanti- part which shall be non-reimbursable. State, regional, and local authorities on the fying the benefit, in terms of reduction, Subtitle B—Northwestern New Mexico Rural following improvements and facilities in the avoidance, or offset of the water supply im- Water Projects Friant Division, Central Valley Project, pacts expected to be caused by the Interim California: or Restoration Flows authorized in part I of SEC. 10301. SHORT TITLE. (1) Restoration of the capacity of the this subtitle, that will result from the This subtitle may be cited as the ‘‘North- Friant-Kern Canal and Madera Canal to such project, and for ensuring appropriate adjust- western New Mexico Rural Water Projects capacity as previously designed and con- ment in the recovered water account pursu- Act’’. structed by the Bureau of Reclamation. ant to section 10004(a)(5); and SEC. 10302. DEFINITIONS. (2) Reverse flow pump-back facilities on (D) has entered into a cost-sharing agree- In this subtitle: the Friant-Kern Canal, with reverse-flow ca- ment with the local agency which commits (1) AAMODT ADJUDICATION.—The term pacity of approximately 500 cubic feet per the local agency to funding its share of the ‘‘Aamodt adjudication’’ means the general second at the Poso and Shafter Check Struc- project’s construction costs on an annual stream adjudication that is the subject of tures and approximately 300 cubic feet per basis. the civil action entitled ‘‘State of New Mex- second at the Woollomes Check Structure. (c) GUIDELINES.—Within 1 year from the ico, ex rel. State Engineer and United States (b) Upon completion of and consistent with date of enactment of this part, the Secretary of America, Pueblo de Nambe, Pueblo de the applicable feasibility studies, the Sec- shall develop, in consultation with the Pojoaque, Pueblo de San Ildefonso, and retary is authorized to construct the im- Friant Division long-term contractors, pro- Pueblo de Tesuque v. R. Lee Aamodt, et al.’’, provements and facilities identified in sub- posed guidelines for the application of the No. 66 CV 6639 MV/LCS (D.N.M.).

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(2) ABEYTA ADJUDICATION.—The term (17) NATION.—The term ‘‘Nation’’ means (29) TRUST FUND.—The term ‘‘Trust Fund’’ ‘‘Abeyta adjudication’’ means the general the Navajo Nation, a body politic and feder- means the Navajo Nation Water Resources stream adjudication that is the subject of ally-recognized Indian nation as provided for Development Trust Fund established by sec- the civil actions entitled ‘‘State of New Mex- in section 101(2) of the Federally Recognized tion 10702(a). ico v. Abeyta and State of New Mexico v. Indian Tribe List of 1994 (25 U.S.C. 497a(2)), (30) UPPER BASIN.—The term ‘‘Upper Arrellano’’, Civil Nos. 7896–BB (D.N.M) and also known variously as the ‘‘Navajo Tribe,’’ Basin’’ has the same meaning given the term 7939–BB (D.N.M.) (consolidated). the ‘‘Navajo Tribe of Arizona, New Mexico & in Article II(f) of the Colorado River Com- (3) ACRE-FEET.—The term ‘‘acre-feet’’ Utah,’’ and the ‘‘Navajo Tribe of Indians’’ pact. means acre-feet per year. and other similar names, and includes all SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL (4) AGREEMENT.—The term ‘‘Agreement’’ bands of Navajo Indians and chapters of the LAWS. means the agreement among the State of Navajo Nation. (a) EFFECT OF EXECUTION OF AGREEMENT.— New Mexico, the Nation, and the United (18) NAVAJO-GALLUP WATER SUPPLY The execution of the Agreement under sec- States setting forth a stipulated and binding PROJECT; PROJECT.—The term ‘‘Navajo-Gal- tion 10701(a)(2) shall not constitute a major agreement signed by the State of New Mex- lup Water Supply Project’’ or ‘‘Project’’ Federal action under the National Environ- ico and the Nation on April 19, 2005. means the Navajo-Gallup Water Supply mental Policy Act of 1969 (42 U.S.C. 4321 et (5) ALLOTTEE.—The term ‘‘allottee’’ means Project authorized under section 10602(a), as seq.). a person that holds a beneficial real property described as the preferred alternative in the (b) COMPLIANCE WITH ENVIRONMENTAL interest in a Navajo allotment that— Draft Impact Statement. LAWS.—In carrying out this subtitle, the (A) is located within the Navajo Reserva- (19) NAVAJO INDIAN IRRIGATION PROJECT.— Secretary shall comply with each law of the tion or the State of New Mexico; The term ‘‘Navajo Indian Irrigation Project’’ Federal Government relating to the protec- (B) is held in trust by the United States; means the Navajo Indian irrigation project tion of the environment, including— and authorized by section 2 of Public Law 87–483 (1) the National Environmental Policy Act (C) was originally granted to an individual (76 Stat. 96). of 1969 (42 U.S.C. 4321 et seq.); and member of the Nation by public land order or (20) NAVAJO RESERVOIR.—The term ‘‘Navajo (2) the Endangered Species Act of 1973 (16 otherwise. Reservoir’’ means the reservoir created by U.S.C. 1531 et seq.). (6) ANIMAS-LA PLATA PROJECT.—The term the impoundment of the San Juan River at ‘‘Animas-La Plata Project’’ has the meaning Navajo Dam, as authorized by the Act of SEC. 10304. NO REALLOCATION OF COSTS. given the term in section 3 of Public Law April 11, 1956 (commonly known as the ‘‘Col- (a) EFFECT OF ACT.—Notwithstanding any 100–585 (102 Stat. 2973), including Ridges orado River Storage Project Act’’) (43 U.S.C. other provision of law, the Secretary shall Basin Dam, Lake Nighthorse, the Navajo Na- 620 et seq.). not reallocate or reassign any costs of tion Municipal Pipeline, and any other fea- (21) NAVAJO NATION MUNICIPAL PIPELINE; projects that have been authorized under the tures or modifications made pursuant to the PIPELINE.—The term ‘‘Navajo Nation Munic- Act of April 11, 1956 (commonly known as the Colorado Ute Settlement Act Amendments ipal Pipeline’’ or ‘‘Pipeline’’ means the pipe- ‘‘Colorado River Storage Project Act’’) (43 of 2000 (Public Law 106–554; 114 Stat. 2763A– line used to convey the water of the Animas- U.S.C. 620 et seq.), as of the date of enact- 258). La Plata Project of the Navajo Nation from ment of this Act because of— (7) CITY.—The term ‘‘City’’ means the city the City of Farmington, New Mexico, to (1) the authorization of the Navajo-Gallup of Gallup, New Mexico, or a designee of the communities of the Navajo Nation located in Water Supply Project under this subtitle; or City, with authority to provide water to the close proximity to the San Juan River Val- (2) the changes in the uses of the water di- Gallup, New Mexico service area. ley in the State of New Mexico (including verted by the Navajo Indian Irrigation (8) COLORADO RIVER COMPACT.—The term the City of Shiprock), as authorized by sec- Project or the waters stored in the Navajo ‘‘Colorado River Compact’’ means the Colo- tion 15(b) of the Colorado Ute Indian Water Reservoir authorized under this subtitle. rado River Compact of 1922 as approved by Rights Settlement Act of 1988 (Public Law (b) USE OF POWER REVENUES.—Notwith- Congress in the Act of December 21, 1928 (45 100–585; 102 Stat. 2973; 114 Stat. 2763A–263). standing any other provision of law, no Stat. 1057) and by the Presidential Proclama- (22) NON-NAVAJO IRRIGATION DISTRICTS.— power revenues under the Act of April 11, tion of June 25, 1929 (46 Stat. 3000). The term ‘‘Non-Navajo Irrigation Districts’’ 1956 (commonly known as the ‘‘Colorado (9) COLORADO RIVER SYSTEM.—The term means— River Storage Project Act’’) (43 U.S.C. 620 et ‘‘Colorado River System’’ has the same (A) the Hammond Conservancy District; seq.), shall be used to pay or reimburse any meaning given the term in Article II(a) of (B) the Bloomfield Irrigation District; and costs of the Navajo Indian Irrigation Project the Colorado River Compact. (C) any other community ditch organiza- or Navajo-Gallup Water Supply Project. (10) COMPACT.—The term ‘‘Compact’’ tion in the San Juan River basin in the State SEC. 10305. INTEREST RATE. means the Upper Colorado River Basin Com- of New Mexico. Notwithstanding any other provision of pact as consented to by the Act of April 6, (23) PARTIAL FINAL DECREE.—The term law, the interest rate applicable to any re- 1949 (63 Stat. 31, chapter 48). ‘‘Partial Final Decree’’ means a final and payment contract entered into under section (11) CONTRACT.—The term ‘‘Contract’’ binding judgment and decree entered by a 10604 shall be equal to the discount rate for means the contract between the United court in the stream adjudication, setting Federal water resources planning, as deter- States and the Nation setting forth certain forth the rights of the Nation to use and ad- mined by the Secretary. commitments, rights, and obligations of the minister waters of the San Juan River Basin United States and the Nation, as described in in New Mexico, as set forth in Appendix 1 of PART I—AMENDMENTS TO THE COLO- paragraph 6.0 of the Agreement. the Agreement. RADO RIVER STORAGE PROJECT ACT (12) DEPLETION.—The term ‘‘depletion’’ (24) PROJECT PARTICIPANTS.—The term AND PUBLIC LAW 87–483 means the depletion of the flow of the San ‘‘Project Participants’’ means the City, the SEC. 10401. AMENDMENTS TO THE COLORADO Juan River stream system in the State of Nation, and the Jicarilla Apache Nation. RIVER STORAGE PROJECT ACT. New Mexico by a particular use of water (in- (25) SAN JUAN RIVER BASIN RECOVERY IMPLE- (a) PARTICIPATING PROJECTS.—Paragraph cluding any depletion incident to the use) MENTATION PROGRAM.—The term ‘‘San Juan (2) of the first section of the Act of April 11, and represents the diversion from the stream River Basin Recovery Implementation Pro- 1956 (commonly known as the ‘‘Colorado system by the use, less return flows to the gram’’ means the intergovernmental pro- River Storage Project Act’’) (43 U.S.C. 620(2)) stream system from the use. gram established pursuant to the coopera- is amended by inserting ‘‘the Navajo-Gallup (13) DRAFT IMPACT STATEMENT.—The term tive agreement dated October 21, 1992 (in- Water Supply Project,’’ after ‘‘Fruitland ‘‘Draft Impact Statement’’ means the draft cluding any amendments to the program). Mesa,’’. environmental impact statement prepared (26) SECRETARY.—The term ‘‘Secretary’’ (b) NAVAJO RESERVOIR WATER BANK.—The by the Bureau of Reclamation for the means the Secretary of the Interior, acting Act of April 11, 1956 (commonly known as the Project dated March 2007. through the Commissioner of Reclamation or ‘‘Colorado River Storage Project Act’’) is (14) FUND.—The term ‘‘Fund’’ means the any other designee. amended— Reclamation Waters Settlements Fund es- (27) STREAM ADJUDICATION.—The term (1) by redesignating section 16 (43 U.S.C. tablished by section 10501(a). ‘‘stream adjudication’’ means the general 620o) as section 17; and (15) HYDROLOGIC DETERMINATION.—The term stream adjudication that is the subject of (2) by inserting after section 15 (43 U.S.C. ‘‘hydrologic determination’’ means the hy- New Mexico v. United States, et al., No. 75– 620n) the following: drologic determination entitled ‘‘Water 185 (11th Jud. Dist., San Juan County, New ‘‘SEC. 16. (a) The Secretary of the Interior Availability from Navajo Reservoir and the Mexico) (involving claims to waters of the may create and operate within the available Upper Colorado River Basin for Use in New San Juan River and the tributaries of that capacity of Navajo Reservoir a top water Mexico,’’ prepared by the Bureau of Rec- river). bank. lamation pursuant to section 11 of the Act of (28) SUPPLEMENTAL PARTIAL FINAL DE- ‘‘(b) Water made available for the top June 13, 1962 (Public Law 87–483; 76 Stat. 99), CREE.—The term ‘‘Supplemental Partial water bank in accordance with subsections and dated May 23, 2007. Final Decree’’ means a final and binding (c) and (d) shall not be subject to section 11 (16) LOWER BASIN.—The term ‘‘Lower judgment and decree entered by a court in of Public Law 87–483 (76 Stat. 99). Basin’’ has the same meaning given the term the stream adjudication, setting forth cer- ‘‘(c) The top water bank authorized under in Article II(g) of the Colorado River Com- tain water rights of the Nation, as set forth subsection (a) shall be operated in a manner pact. in Appendix 2 of the Agreement. that—

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.057 S15JAPT1 jbell on PROD1PC69 with SENATE S534 CONGRESSIONAL RECORD — SENATE January 15, 2009 ‘‘(1) is consistent with applicable law, ex- ‘‘(1) Aquaculture purposes, including the ‘‘(C) An annual normal diversion demand cept that, notwithstanding any other provi- rearing of fish in support of the San Juan of 135,000 acre-feet for the initial stage of the sion of law, water for purposes other than ir- River Basin Recovery Implementation Pro- San Juan-Chama Project authorized by sec- rigation may be stored in the Navajo Res- gram authorized by Public Law 106–392 (114 tion 8, which shall be the amount to which ervoir pursuant to the rules governing the Stat. 1602). any shortage is applied. top water bank established under this sec- ‘‘(2) Domestic, industrial, or commercial ‘‘(2) The Secretary shall not include in the tion; and purposes relating to agricultural production normal diversion requirements— ‘‘(2) does not impair the ability of the Sec- and processing. ‘‘(A) the quantity of water that reliably retary of the Interior to deliver water under ‘‘(3)(A) The generation of hydroelectric can be anticipated to be diverted or delivered contracts entered into under— power as an incident to the diversion of under a contract from inflows to the San ‘‘(A) Public Law 87–483 (76 Stat. 96); and water by the Navajo Indian Irrigation Juan River arising below Navajo Dam under ‘‘(B) New Mexico State Engineer File Nos. Project for authorized purposes. New Mexico State Engineer File No. 3215; or 2847, 2848, 2849, and 2917. ‘‘(B) Notwithstanding any other provision ‘‘(B) the quantity of water anticipated to ‘‘(d)(1) The Secretary of the Interior, in co- of law— be supplied through reuse. operation with the State of New Mexico (act- ‘‘(i) any hydroelectric power generated ‘‘(e)(1) If the Secretary determines that ing through the Interstate Stream Commis- under this paragraph shall be used or mar- there is a shortage of water under subsection sion), shall develop any terms and proce- keted by the Navajo Nation; (a), the Secretary shall respond to the short- dures for the storage, accounting, and re- ‘‘(ii) the Navajo Nation shall retain any age in the Navajo Reservoir water supply by lease of water in the top water bank that are revenues from the sale of the hydroelectric curtailing releases and deliveries in the fol- necessary to comply with subsection (c). power; and lowing order: ‘‘(2) The terms and procedures developed ‘‘(iii) the United States shall have no trust ‘‘(A) The demand for delivery for uses in under paragraph (1) shall include provisions obligation to monitor, administer, or ac- the State of Arizona under the Navajo-Gal- requiring that— count for the revenues received by the Nav- lup Water Supply Project authorized by sec- ‘‘(A) the storage of banked water shall be ajo Nation, or the expenditure of the reve- tion 10603 of the Northwestern New Mexico subject to approval under State law by the nues. Rural Water Projects Act, excluding the New Mexico State Engineer to ensure that ‘‘(4) The implementation of the alternate quantity of water anticipated to be diverted impairment of any existing water right does water source provisions described in subpara- for the uses from inflows to the San Juan not occur, including storage of water under graph 9.2 of the agreement executed under River that arise below Navajo Dam in ac- New Mexico State Engineer File No. 2849; section 10701(a)(2) of the Northwestern New cordance with New Mexico State Engineer ‘‘(B) water in the top water bank be sub- Mexico Rural Water Projects Act. File No. 3215. ject to evaporation and other losses during ‘‘(d) The Navajo Indian Irrigation Project ‘‘(B) The demand for delivery for uses allo- storage; water diverted under subsection (b) may be cated under paragraph 8.2 of the agreement ‘‘(C) water in the top water bank be re- transferred to areas located within or out- executed under section 10701(a)(2) of the leased for delivery to the owner or assigns of side the area served by Navajo Indian Irriga- Northwestern New Mexico Rural Water the banked water on request of the owner, tion Project facilities, and within or outside Projects Act, excluding the quantity of subject to reasonable scheduling require- the boundaries of the Navajo Nation, for any water anticipated to be diverted for such ments for making the release; beneficial use in accordance with— uses under State Engineer File No. 3215. ‘‘(D) water in the top water bank be the ‘‘(1) the agreement executed under section ‘‘(C) The uses in the State of New Mexico first water spilled or released for flood con- 10701(a)(2) of the Northwestern New Mexico that are determined under subsection (d), in trol purposes in anticipation of a spill, on Rural Water Projects Act; accordance with the procedure for appor- the condition that top water bank water ‘‘(2) the contract executed under section tioning the water supply under subsection shall not be released or included for purposes 10604(a)(2)(B) of that Act; and (a). of calculating whether a release should occur ‘‘(3) any other applicable law. ‘‘(2) For any year for which the Secretary for purposes of satisfying the flow rec- ‘‘(e) The Secretary may use the capacity of determines and responds to a shortage in the ommendations of the San Juan River Basin the Navajo Indian Irrigation Project works Navajo Reservoir water supply, the Sec- Recovery Implementation Program; and to convey water supplies for— retary shall not deliver, and contractors of ‘‘(E) water eligible for banking in the top ‘‘(1) the Navajo-Gallup Water Supply the water supply shall not divert, any of the water bank shall be water that otherwise Project under section 10602 of the North- water supply for placement into aquifer stor- would have been diverted and beneficially western New Mexico Rural Water Projects age for future recovery and use. used in New Mexico that year. Act; or ‘‘(3) To determine the occurrence and ‘‘(e) The Secretary of the Interior may ‘‘(2) other nonirrigation purposes author- amount of any shortage to contracts entered charge fees to water users that use the top ized under subsection (c) or (d). into under this section, the Secretary shall water bank in amounts sufficient to cover ‘‘(f)(1) Repayment of the costs of construc- not include as available storage any water the costs incurred by the United States in tion of the project (as authorized in sub- stored in a top water bank in Navajo Res- administering the water bank.’’. section (a)) shall be in accordance with the ervoir established under section 16(a) of the Act of April 11, 1956 (commonly known as the Act of April 11, 1956 (commonly known as the SEC. 10402. AMENDMENTS TO PUBLIC LAW 87–483. ‘Colorado River Storage Project Act’) (43 ‘Colorado River Storage Project Act’). (a) NAVAJO INDIAN IRRIGATION PROJECT.— U.S.C. 620 et seq.), including section 4(d) of ‘‘(f) The Secretary of the Interior shall ap- Public Law 87–483 (76 Stat. 96) is amended by that Act. portion water under subsections (a), (d), and striking section 2 and inserting the fol- ‘‘(2) The Secretary shall not reallocate, or (e) on an annual volume basis. lowing: require repayment of, construction costs of ‘‘(g) The Secretary of the Interior may re- ‘‘SEC. 2. (a) In accordance with the Act of the Navajo Indian Irrigation Project because vise a determination of shortages, apportion- April 11, 1956 (commonly known as the ‘Colo- of the conveyance of water supplies for non- ments, or allocations of water under sub- rado River Storage Project Act’) (43 U.S.C. irrigation purposes under subsection (e).’’. 620 et seq.), the Secretary of the Interior is (b) RUNOFF ABOVE NAVAJO DAM.—Section sections (a), (d), and (e) on the basis of infor- authorized to construct, operate, and main- 11 of Public Law 87–483 (76 Stat. 100) is mation relating to water supply conditions tain the Navajo Indian Irrigation Project to amended by adding at the end the following: that was not available at the time at which provide irrigation water to a service area of ‘‘(d)(1) For purposes of implementing in a the determination was made. not more than 110,630 acres of land. year of prospective shortage the water allo- ‘‘(h) Nothing in this section prohibits the ‘‘(b)(1) Subject to paragraph (2), the aver- cation procedures established by subsection distribution of water in accordance with co- age annual diversion by the Navajo Indian (a), the Secretary of the Interior shall deter- operative water agreements between water Irrigation Project from the Navajo Reservoir mine the quantity of any shortages and the users providing for a sharing of water sup- over any consecutive 10-year period shall be appropriate apportionment of water using plies. the lesser of— the normal diversion requirements on the ‘‘(i) Diversions under New Mexico State ‘‘(A) 508,000 acre-feet per year; or flow of the San Juan River originating above Engineer File No. 3215 shall be distributed, ‘‘(B) the quantity of water necessary to Navajo Dam based on the following criteria: to the maximum extent water is available, in supply an average depletion of 270,000 acre- ‘‘(A) The quantity of diversion or water de- proportionate amounts to the diversion de- feet per year. livery for the current year anticipated to be mands of contractors and subcontractors of ‘‘(2) The quantity of water diverted for any necessary to irrigate land in accordance with the Navajo Reservoir water supply that are 1 year shall not exceed the average annual cropping plans prepared by contractors. diverting water below Navajo Dam.’’. diversion determined under paragraph (1) by ‘‘(B) The annual diversion or water deliv- SEC. 10403. EFFECT ON FEDERAL WATER LAW. more than 15 percent. ery demands for the current year anticipated Unless expressly provided in this subtitle, ‘‘(c) In addition to being used for irriga- for non-irrigation uses under water delivery nothing in this subtitle modifies, conflicts tion, the water diverted by the Navajo In- contracts, including contracts authorized by with, preempts, or otherwise affects— dian Irrigation Project under subsection (b) the Northwestern New Mexico Rural Water (1) the Boulder Canyon Project Act (43 may be used within the area served by Nav- Projects Act, but excluding any current de- U.S.C. 617 et seq.); ajo Indian Irrigation Project facilities for mand for surface water for placement into (2) the Boulder Canyon Project Adjustment the following purposes: aquifer storage for future recovery and use. Act (54 Stat. 774, chapter 643);

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(3) the Act of April 11, 1956 (commonly (A) PRIORITIES.— Rights to Use Surface and Groundwater in known as the ‘‘Colorado River Storage (i) FIRST PRIORITY.— the State of Montana’’, if a settlement or Project Act’’) (43 U.S.C. 620 et seq.); (I) IN GENERAL.—The first priority for ex- settlements are subsequently approved and (4) the Act of September 30, 1968 (com- penditure of amounts in the Fund during the authorized by an Act of Congress and the im- monly known as the ‘‘Colorado River Basin entire period in which the Fund is in exist- plementation period has not already expired. Project Act’’) (82 Stat. 885); ence shall be for the purposes described in, (II) MAXIMUM AMOUNT.— (5) Public Law 87–483 (76 Stat. 96); and in the order of, clauses (i) through (iv) of (aa) IN GENERAL.—Except as provided under (6) the Treaty between the United States of subparagraph (B). item (bb), the amount expended under sub- America and Mexico respecting utilization of (II) RESERVED AMOUNTS.—The Secretary clause (I) shall not exceed $350,000,000 for the waters of the Colorado and Tijuana Rivers shall reserve and use amounts deposited into period of fiscal years 2020 through 2029. and of the Rio Grande, signed at Washington the Fund in accordance with subclause (I). (bb) EXCEPTION.—The limitation on the ex- February 3, 1944 (59 Stat. 1219); (ii) OTHER PURPOSES.—Any amounts in the penditure amount under item (aa) may be ex- (7) the Colorado River Compact of 1922, as Fund that are not needed for the purposes ceeded during the entire period in which the approved by the Presidential Proclamation described in subparagraph (B) may be used Fund is in existence if such additional funds of June 25, 1929 (46 Stat. 3000); for other purposes authorized in paragraph can be expended without limiting the (8) the Compact; (2). amounts identified in clause (i), (ii), and (iv). (9) the Act of April 6, 1949 (63 Stat. 31, (B) COMPLETION OF PROJECT.— (cc) OTHER FUNDING.—The Secretary shall chapter 48); (i) NAVAJO-GALLUP WATER SUPPLY ensure that any funding under this clause (10) the Jicarilla Apache Tribe Water PROJECT.— shall be provided in a manner that does not Rights Settlement Act (106 Stat. 2237); or (I) IN GENERAL.—Subject to subclause (II), limit the funding available pursuant to (11) section 205 of the Energy and Water effective beginning January 1, 2020, if, in the clauses (i) and (ii). Development Appropriations Act, 2005 (118 judgment of the Secretary on an annual (iv) ARIZONA SETTLEMENT.— Stat. 2949). basis the deadline described in section (I) IN GENERAL.—Subject to subclause (II), PART II—RECLAMATION WATER 10701(f)(1)(A)(ix) is unlikely to be met be- effective beginning January 1, 2020, in addi- SETTLEMENTS FUND cause a sufficient amount of funding is not tion to funding made available pursuant to SEC. 10501. RECLAMATION WATER SETTLEMENTS otherwise available through appropriations clauses (i), (ii), and (iii), if in the judgment FUND. made available pursuant to section 10609(a), of the Secretary on an annual basis a suffi- (a) ESTABLISHMENT.—There is established the Secretary shall expend from the Fund cient amount of funding is not otherwise in the Treasury of the United States a fund, such amounts on an annual basis consistent available through annual appropriations, the to be known as the ‘‘Reclamation Water Set- with paragraphs (1) and (2), as are necessary Secretary shall expend from the Fund such tlements Fund’’, consisting of— to pay the Federal share of the costs, and amounts on an annual basis consistent with (1) such amounts as are deposited to the substantially complete as expeditiously as paragraphs (1) and (2), as are necessary to Fund under subsection (b); and practicable, the construction of the water pay the Federal share of the remaining costs (2) any interest earned on investment of supply infrastructure authorized as part of of implementing an Indian water rights set- amounts in the Fund under subsection (d). the Project. tlement agreement entered into by the State (b) DEPOSITS TO FUND.— (II) MAXIMUM AMOUNT.— of Arizona with the Navajo Nation to resolve (1) IN GENERAL.—For each of fiscal years (aa) IN GENERAL.—Except as provided under the water rights claims of the Nation in the 2020 through 2029, the Secretary of the Treas- item (bb), the amount expended under sub- Lower Colorado River basin in Arizona, if a ury shall deposit in the Fund, if available, clause (I) shall not exceed $500,000,000 for the settlement is subsequently approved and au- $120,000,000 of the revenues that would other- period of fiscal years 2020 through 2029. thorized by an Act of Congress and the im- wise be deposited for the fiscal year in the (bb) EXCEPTION.—The limitation on the ex- plementation period has not already expired. fund established by the first section of the penditure amount under item (aa) may be ex- (II) MAXIMUM AMOUNT.— Act of June 17, 1902 (32 Stat. 388, chapter ceeded during the entire period in which the (aa) IN GENERAL.—Except as provided under 1093). Fund is in existence if such additional funds item (bb), the amount expended under sub- (2) AVAILABILITY OF AMOUNTS.—Amounts can be expended without limiting the clause (I) shall not exceed $100,000,000 for the deposited in the Fund under paragraph (1) amounts identified in clauses (ii) through period of fiscal years 2020 through 2029. shall be made available pursuant to this sec- (iv). (bb) EXCEPTION.—The limitation on the ex- tion— (ii) OTHER NEW MEXICO SETTLEMENTS.— penditure amount under item (aa) may be ex- (A) without further appropriation; and (I) IN GENERAL.—Subject to subclause (II), ceeded during the entire period in which the (B) in addition to amounts appropriated effective beginning January 1, 2020, in addi- Fund is in existence if such additional funds pursuant to any authorization contained in tion to the funding made available under can be expended without limiting the any other provision of law. clause (i), if in the judgment of the Sec- amounts identified in clauses (i) through (c) EXPENDITURES FROM FUND.— retary on an annual basis a sufficient (iii). (1) IN GENERAL.— amount of funding is not otherwise available (cc) OTHER FUNDING.—The Secretary shall (A) EXPENDITURES.—Subject to subpara- through annual appropriations, the Sec- ensure that any funding under this clause graph (B), for each of fiscal years 2020 retary shall expend from the Fund such shall be provided in a manner that does not through 2034, the Secretary may expend from amounts on an annual basis consistent with limit the funding available pursuant to the Fund an amount not to exceed paragraphs (1) and (2), as are necessary to clauses (i) and (ii). $120,000,000, plus the interest accrued in the pay the Federal share of the remaining costs (C) REVERSION.—If the settlements de- Fund, for the fiscal year in which expendi- of implementing the Indian water rights set- scribed in clauses (ii) through (iv) of sub- tures are made pursuant to paragraphs (2) tlement agreements entered into by the paragraph (B) have not been approved and and (3). State of New Mexico in the Aamodt adju- authorized by an Act of Congress by Decem- (B) ADDITIONAL EXPENDITURES.—The Sec- dication and the Abeyta adjudication, if such ber 31, 2019, the amounts reserved for the set- retary may expend more than $120,000,000 for settlements are subsequently approved and tlements shall no longer be reserved by the any fiscal year if such amounts are available authorized by an Act of Congress and the im- Secretary pursuant to subparagraph (A)(i) in the Fund due to expenditures not reaching plementation period has not already expired. and shall revert to the Fund for any author- $120,000,000 for prior fiscal years. (II) MAXIMUM AMOUNT.—The amount ex- ized use, as determined by the Secretary. (2) AUTHORITY.—The Secretary may expend pended under subclause (I) shall not exceed (d) INVESTMENT OF AMOUNTS.— money from the Fund to implement a settle- $250,000,000. (1) IN GENERAL.—The Secretary shall invest ment agreement approved by Congress that (iii) MONTANA SETTLEMENTS.— such portion of the Fund as is not, in the resolves, in whole or in part, litigation in- (I) IN GENERAL.—Subject to subclause (II), judgment of the Secretary, required to meet volving the United States, if the settlement effective beginning January 1, 2020, in addi- current withdrawals. agreement or implementing legislation re- tion to funding made available pursuant to (2) CREDITS TO FUND.—The interest on, and quires the Bureau of Reclamation to provide clauses (i) and (ii), if in the judgment of the the proceeds from the sale or redemption of, financial assistance for, or plan, design, and Secretary on an annual basis a sufficient any obligations held in the Fund shall be construct— amount of funding is not otherwise available credited to, and form a part of, the Fund. (A) water supply infrastructure; or through annual appropriations, the Sec- (e) TRANSFERS OF AMOUNTS.— (B) a project— retary shall expend from the Fund such (1) IN GENERAL.—The amounts required to (i) to rehabilitate a water delivery system amounts on an annual basis consistent with be transferred to the Fund under this section to conserve water; or paragraphs (1) and (2), as are necessary to shall be transferred at least monthly from (ii) to restore fish and wildlife habitat or pay the Federal share of the remaining costs the general fund of the Treasury to the Fund otherwise improve environmental conditions of implementing Indian water rights settle- on the basis of estimates made by the Sec- associated with or affected by, or located ment agreements entered into by the State retary of the Treasury. within the same river basin as, a Federal rec- of Montana with the Blackfeet Tribe, the (2) ADJUSTMENTS.—Proper adjustment shall lamation project that is in existence on the Crow Tribe, or the Gros Ventre and Assini- be made in amounts subsequently trans- date of enactment of this Act. boine Tribes of the Fort Belknap Indian Res- ferred to the extent prior estimates were in (3) USE FOR COMPLETION OF PROJECT AND ervation in the judicial proceeding entitled excess of or less than the amounts required OTHER SETTLEMENTS.— ‘‘In re the General Adjudication of All the to be transferred.

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(f) TERMINATION.—On September 30, 2034— (A) the Secretary executes the Agreement tions of the Contract executed under section (1) the Fund shall terminate; and and the Contract; 10604(a)(2)(B). (2) the unexpended and unobligated balance (B) the contracts authorized under section (2) EFFECT OF CONVEYANCE.—The convey- of the Fund shall be transferred to the appro- 10604 are executed; ance of title to each Project facility shall priate fund of the Treasury. (C) the Secretary— not affect the application of the Endangered PART III—NAVAJO-GALLUP WATER (i) completes an environmental impact Species Act of 1973 (16 U.S.C. 1531 et seq.) re- SUPPLY PROJECT statement for the Project; and lating to the use of the water associated (ii) has issued a record of decision that pro- with the Project. SEC. 10601. PURPOSES. The purposes of this part are— vides for a preferred alternative; and (3) LIABILITY.— (A) IN GENERAL.—Effective on the date of (1) to authorize the Secretary to construct, (D) the Secretary has entered into an the conveyance authorized by this sub- operate, and maintain the Navajo-Gallup agreement with the State of New Mexico section, the United States shall not be held Water Supply Project; under which the State of New Mexico will liable by any court for damages of any kind (2) to allocate the capacity of the Project provide a share of the construction costs of the Project of not less than $50,000,000, ex- arising out of any act, omission, or occur- among the Nation, the City, and the cept that the State of New Mexico shall re- rence relating to the land, buildings, or fa- Jicarilla Apache Nation; and ceive credit for funds the State has contrib- cilities conveyed under this subsection, (3) to authorize the Secretary to enter into uted to construct water conveyance facilities other than damages caused by acts of neg- Project repayment contracts with the City to the Project Participants to the extent ligence committed by the United States, or and the Jicarilla Apache Nation. that the facilities reduce the cost of the by employees or agents of the United States, SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP Project as estimated in the Draft Impact prior to the date of conveyance. WATER SUPPLY PROJECT. Statement. (B) TORT CLAIMS.—Nothing in this section (a) IN GENERAL.—The Secretary, acting (2) EXCEPTION.—If the Jicarilla Apache Na- through the Commissioner of Reclamation, increases the liability of the United States tion elects not to enter into a contract pur- is authorized to design, construct, operate, beyond the liability provided in chapter 171 suant to section 10604, the Secretary, after and maintain the Project in substantial ac- of title 28, United States Code (commonly consulting with the Nation, the City, and the cordance with the preferred alternative in known as the ‘‘Federal Tort Claims Act’’). State of New Mexico acting through the OTICE OF PROPOSED CONVEYANCE.—Not the Draft Impact Statement. (4) N Interstate Stream Commission, may make later than 45 days before the date of a pro- (b) PROJECT FACILITIES.—To provide for the delivery of San Juan River water to Project appropriate modifications to the scope of the posed conveyance of title to any Project fa- Participants, the Secretary may construct, Project and proceed with Project construc- cility, the Secretary shall submit to the operate, and maintain the Project facilities tion if all other conditions for construction Committee on Resources of the House of described in the preferred alternative in the have been satisfied. Representatives and to the Committee on Draft Impact Statement, including: (3) EFFECT OF INDIAN SELF-DETERMINATION Energy and Natural Resources of the Senate (1) A pumping plant on the San Juan River AND EDUCATION ASSISTANCE ACT.—The Indian notice of the conveyance of each Project fa- in the vicinity of Kirtland, New Mexico. Self-Determination and Education Assist- cility. (2)(A) A main pipeline from the San Juan ance Act (25 U.S.C. 450 et seq.) shall not (g) COLORADO RIVER STORAGE PROJECT River near Kirtland, New Mexico, to apply to the design, construction, operation, POWER.—The conveyance of Project facilities Shiprock, New Mexico, and Gallup, New maintenance, or replacement of the Project. under subsection (f) shall not affect the Mexico, which follows United States High- (e) POWER.—The Secretary shall reserve, availability of Colorado River Storage way 491. from existing reservations of Colorado River Project power to the Project under sub- (B) Any pumping plants associated with Storage Project power for Bureau of Rec- section (e). lamation projects, up to 26 megawatts of the pipeline authorized under subparagraph (h) REGIONAL USE OF PROJECT FACILITIES.— power for use by the Project. (A). (1) IN GENERAL.—Subject to paragraph (2), (3)(A) A main pipeline from Cutter Res- (f) CONVEYANCE OF TITLE TO PROJECT FA- Project facilities constructed under sub- ervoir to Ojo Encino, New Mexico, which fol- CILITIES.— section (b) may be used to treat and convey lows United States Highway 550. (1) IN GENERAL.—The Secretary is author- non-Project water or water that is not allo- (B) Any pumping plants associated with ized to enter into separate agreements with cated by subsection 10603(b) if— the pipeline authorized under subparagraph the City and the Nation and, on entering (A) capacity is available without impairing (A). into the agreements, shall convey title to any water delivery to a Project Participant; (4)(A) Lateral pipelines from the main each Project facility or section of a Project and pipelines to Nation communities in the facility authorized under subsection (b) (in- (B) the unallocated or non-Project water States of New Mexico and Arizona. cluding any appropriate interests in land) to beneficiary— (B) Any pumping plants associated with the City and the Nation after— (i) has the right to use the water; the pipelines authorized under subparagraph (A) completion of construction of a Project (ii) agrees to pay the operation, mainte- (A). facility or a section of a Project facility that nance, and replacement costs assignable to (5) Any water regulation, storage or treat- is operating and delivering water; and the beneficiary for the use of the Project fa- ment facility, service connection to an exist- (B) execution of a Project operations cilities; and ing public water supply system, power sub- agreement approved by the Secretary and (iii) agrees to pay an appropriate fee that station, power distribution works, or other the Project Participants that sets forth— may be established by the Secretary to as- appurtenant works (including a building or (i) any terms and conditions that the Sec- sist in the recovery of any capital cost allo- access road) that is related to the Project fa- retary determines are necessary— cable to that use. (I) to ensure the continuation of the in- cilities authorized by paragraphs (1) through (2) EFFECT OF PAYMENTS.—Any payments (4), including power transmission facilities tended benefits of the Project; and to the United States or the Nation for the and associated wheeling services to connect (II) to fulfill the purposes of this part; use of unused capacity under this subsection Project facilities to existing high-voltage (ii) requirements acceptable to the Sec- or for water under any subcontract with the transmission facilities and deliver power to retary and the Project Participants for— Nation or the Jicarilla Apache Nation shall the Project. (I) the distribution of water under the not alter the construction repayment re- (c) ACQUISITION OF LAND.— Project or section of a Project facility; and quirements or the operation, maintenance, (1) IN GENERAL.—The Secretary is author- (II) the allocation and payment of annual and replacement payment requirements of ized to acquire any land or interest in land operation, maintenance, and replacement the Project Participants. that is necessary to construct, operate, and costs of the Project or section of a Project maintain the Project facilities authorized facility based on the proportionate uses of SEC. 10603. DELIVERY AND USE OF NAVAJO-GAL- under subsection (b). Project facilities; and LUP WATER SUPPLY PROJECT WATER. (2) LAND OF THE PROJECT PARTICIPANTS.—As (iii) conditions and requirements accept- a condition of construction of the facilities able to the Secretary and the Project Par- (a) USE OF PROJECT WATER.— authorized under this part, the Project Par- ticipants for operating and maintaining each (1) IN GENERAL.—In accordance with this ticipants shall provide all land or interest in Project facility on completion of the convey- subtitle and other applicable law, water sup- land, as appropriate, that the Secretary ance of title, including the requirement that ply from the Project shall be used for munic- identifies as necessary for acquisition under the City and the Nation shall— ipal, industrial, commercial, domestic, and this subsection at no cost to the Secretary. (I) comply with— stock watering purposes. (3) LIMITATION.—The Secretary may not (aa) the Compact; and (2) USE ON CERTAIN LAND.— condemn water rights for purposes of the (bb) other applicable law; and (A) IN GENERAL.—Subject to subparagraph Project. (II) be responsible for— (B), the Nation may use Project water allo- (d) CONDITIONS.— (aa) the operation, maintenance, and re- cations on— (1) IN GENERAL.—Except as provided in placement of each Project facility; and (i) land held by the United States in trust paragraph (2), the Secretary shall not com- (bb) the accounting and management of for the Nation and members of the Nation; mence construction of the facilities author- water conveyance and Project finances, as and ized under subsection (b) until such time as— necessary to administer and fulfill the condi- (ii) land held in fee by the Nation.

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(B) TRANSFER.—The Nation may transfer Jicarilla Apache Tribe Water Rights Settle- (II) be credited as water reaching Lee the purposes and places of use of the allo- ment Act (Public Law 102–441; 106 Stat. 2237), Ferry pursuant to Article III(c) and III(d) of cated water in accordance with the Agree- for use by the Jicarilla Apache Nation in the the Colorado River Compact; and ment and applicable law. southern portion of the Jicarilla Apache Na- (III) be accounted as the water identified in (3) HYDROELECTRIC POWER.— tion Reservation in the State of New Mexico. section 104(a)(1)(B)(ii) of the Arizona Water (A) IN GENERAL.—Hydroelectric power may (3) USE IN EXCESS OF DELIVERY CAPACITY AL- Settlements Act, (118 Stat. 3478); be generated as an incident to the delivery of LOCATION QUANTITY.—Notwithstanding each (B) LIMITATION.—Notwithstanding subpara- Project water for authorized purposes under delivery capacity allocation quantity limit graph (B), no water diverted by the Project paragraph (1). described in subparagraphs (B), (C), and (E) shall be accounted for pursuant to subpara- (B) ADMINISTRATION.—Notwithstanding any of paragraph (2), the Secretary may author- graph (B) until such time that— other provision of law— ize a Project Participant to exceed the deliv- (i) the Secretary has developed and, as nec- (i) any hydroelectric power generated ery capacity allocation quantity limit of essary and appropriate, modified, in con- under this paragraph shall be used or mar- that Project Participant if— sultation with the Upper Colorado River keted by the Nation; (A) delivery capacity is available without Commission and the Governors’ Representa- (ii) the Nation shall retain any revenues impairing any water delivery to any other tives on Colorado River Operations from from the sale of the hydroelectric power; and Project Participant; and each State signatory to the Colorado River (iii) the United States shall have no trust (B) the Project Participant benefitting Compact, all operational and decisional cri- obligation or other obligation to monitor, from the increased allocation of delivery ca- teria, policies, contracts, guidelines or other administer, or account for the revenues re- pacity— documents that control the operations of the ceived by the Nation, or the expenditure of (i) has the right under applicable law to Colorado River System reservoirs and diver- the revenues. use the additional water; sion works, so as to adjust, account for, and (4) STORAGE.— (ii) agrees to pay the operation, mainte- offset the diversion of water apportioned to (A) IN GENERAL.—Subject to subparagraph nance, and replacement costs relating to the the State of Arizona, pursuant to the Boul- (B), any water contracted for delivery under additional use of any Project facility; and der Canyon Project Act (43 U.S.C. 617 et paragraph (1) that is not needed for current (iii) agrees, if the Project title is held by seq.), from a point of diversion on the San water demands or uses may be delivered by the Secretary, to pay a fee established by the Juan River in New Mexico; provided that all the Project for placement in underground Secretary to assist in recovering capital such modifications shall be consistent with storage in the State of New Mexico for fu- costs relating to that additional use. the provisions of this Section, and the modi- ture recovery and use. (c) CONDITIONS FOR USE IN ARIZONA.— fications made pursuant to this clause shall (B) STATE APPROVAL.—Delivery of water (1) REQUIREMENTS.—Project water shall not be applicable only for the duration of any under subparagraph (A) is subject to— such diversions pursuant to section (i) approval by the State of New Mexico be delivered for use by any community of the Nation located in the State of Arizona under 10603(c)(2)(B); and under applicable provisions of State law re- (ii) Article II(B) of the Decree of the Su- lating to aquifer storage and recovery; and subsection (b)(2)(D) until— (A) the Nation and the State of Arizona preme Court of the United States in Arizona (ii) the provisions of the Agreement and v. California (547 U.S. 150 as may be amended this subtitle. have entered into a water rights settlement or supplemented) is administered so that di- (b) PROJECT WATER AND CAPACITY ALLOCA- agreement approved by an Act of Congress versions from the main stream for the Cen- TIONS.— that settles and waives the Nation’s claims tral Arizona Project, as served under exist- (1) DIVERSION.—Subject to availability and to water in the Lower Basin and the Little consistent with Federal and State law, the Colorado River Basin in the State of Ari- ing contracts with the United States by di- Project may divert from the Navajo Res- zona, including those of the United States on version works heretofore constructed, shall ervoir and the San Juan River a quantity of the Nation’s behalf; and be limited and reduced to offset any diver- water to be allocated and used consistent (B) the Secretary and the Navajo Nation sions made pursuant to section 10603(c)(2)(B) with the Agreement and this subtitle, that have entered into a Navajo Reservoir water of this Act. This clause shall not affect, in does not exceed in any 1 year, the lesser of— supply delivery contract for the physical de- any manner, the amount of water appor- (A) 37,760 acre-feet of water; or livery and diversion of water via the Project tioned to Arizona pursuant to the Boulder (B) the quantity of water necessary to sup- from the San Juan River system to supply Canyon Project Act (43 U.S.C. 617 et seq.), or ply a depletion from the San Juan River of uses in the State of Arizona. amend any provisions of said decree or the 35,890 acre-feet. (2) ACCOUNTING OF USES IN ARIZONA.— Colorado River Basin Project Act (43 U.S.C. (2) PROJECT DELIVERY CAPACITY ALLOCA- (A) IN GENERAL.—Pursuant to paragraph (1) 1501 et. seq.). TIONS.— and notwithstanding any other provision of (3) UPPER BASIN PROTECTIONS.— (A) IN GENERAL.—The capacity of the law, water may be diverted by the Project (A) CONSULTATIONS.—Henceforth, in any Project shall be allocated to the Project Par- from the San Juan River in the State of New consultation pursuant to 16 U.S.C. 1536(a) ticipants in accordance with subparagraphs Mexico in accordance with an appropriate with respect to water development in the (B) through (E), other provisions of this sub- permit issued under New Mexico law for use San Juan River Basin, the Secretary shall title, and other applicable law. in the State of Arizona within the Navajo confer with the States of Colorado and New (B) DELIVERY CAPACITY ALLOCATION TO THE Reservation in the Lower Basin; provided Mexico, consistent with the provisions of CITY.—The Project may deliver at the point that any depletion of water that results from section 5 of the ‘‘Principles for Conducting of diversion from the San Juan River not the diversion of water by the Project from Endangered Species Act Section 7 Consulta- more than 7,500 acre-feet of water in any 1 the San Juan River in the State of New Mex- tions on Water Development and Water Man- year for which the City has secured rights ico for uses within the State of Arizona (in- agement Activities Affecting Endangered for the use of the City. cluding depletion incidental to the diversion, Fish Species in the San Juan River Basin’’ as (C) DELIVERY CAPACITY ALLOCATION TO NAV- impounding, or conveyance of water in the adopted by the Coordination Committee, San AJO NATION COMMUNITIES IN NEW MEXICO.—For State of New Mexico for uses in the State of Juan River Basin Recovery Implementation use by the Nation in the State of New Mex- Arizona) shall be administered and ac- Program, on June 19, 2001, and as may be ico, the Project may deliver water out of the counted for as either— amended or modified. water rights held by the Secretary for the (i) a part of, and charged against, the (B) PRESERVATION OF EXISTING RIGHTS.— Nation and confirmed under this subtitle, at available consumptive use apportionment Rights to the consumptive use of water the points of diversion from the San Juan made to the State of Arizona by Article available to the Upper Basin from the Colo- River or at Navajo Reservoir in any 1 year, III(a) of the Compact and to the Upper Basin rado River System under the Colorado River the lesser of— by Article III(a) of the Colorado River Com- Compact and the Compact shall not be re- (i) 22,650 acre-feet of water; or pact, in which case any water so diverted by duced or prejudiced by any use of water pur- (ii) the quantity of water necessary to sup- the Project into the Lower Basin for use suant to subsection 10603(c). Nothing in this ply a depletion from the San Juan River of within the State of Arizona shall not be Act shall be construed so as to impair, con- 20,780 acre-feet of water. credited as water reaching Lee Ferry pursu- flict with, or otherwise change the duties (D) DELIVERY CAPACITY ALLOCATION TO NAV- ant to Article III(c) and III(d) of the Colo- and powers of the Upper Colorado River AJO NATION COMMUNITIES IN ARIZONA.—Sub- rado River Compact; or Commission. ject to subsection (c), the Project may de- (ii) subject to subparagraph (B), a part of, (d) FORBEARANCE.— liver at the point of diversion from the San and charged against, the consumptive use (1) IN GENERAL.—Subject to paragraphs (2) Juan River not more than 6,411 acre-feet of apportionment made to the Lower Basin by and (3), during any year in which a shortage water in any 1 year for use by the Nation in Article III(a) of the Colorado River Compact, to the normal diversion requirement for any the State of Arizona. in which case it shall— use relating to the Project within the State (E) DELIVERY CAPACITY ALLOCATION TO (I) be a part of the Colorado River water of Arizona occurs (as determined under sec- JICARILLA APACHE NATION.—The Project may that is apportioned to the State of Arizona tion 11 of Public Law 87–483 (76 Stat. 99)), the deliver at Navajo Reservoir not more than in Article II(B) of the Consolidated Decree of Nation may temporarily forbear the delivery 1,200 acre-feet of water in any 1 year of the the Supreme Court of the United States in of the water supply of the Navajo Reservoir water rights of the Jicarilla Apache Nation, Arizona v. California (547 U.S. 150) (as may for uses in the State of New Mexico under held by the Secretary and confirmed by the be amended or supplemented); the apportionments of water to the Navajo

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(B) AMOUNT.—The amount of the share of ing to the Project within the State of Ari- (j) CONSENSUS.—Congress notes the con- the City described in subparagraph (A) shall zona. sensus of the Governors’ Representatives on be determined by agreement between the (3) EFFECT.—The forbearance of the deliv- Colorado River Operations of the States that Secretary and the City. ery of water under paragraph (1) shall be sub- are signatory to the Colorado River Compact (C) REPAYMENT OBLIGATION.—Any repay- ject to the requirements in subsection (c). regarding the diversions authorized for the ment obligation established by the Secretary (e) EFFECT.—Nothing in this subtitle— Project under this section. and the City pursuant to subparagraph (A) (1) authorizes the marketing, leasing, or (k) EFFICIENT USE.—The diversions and shall be subject to a final cost allocation by transfer of the water supplies made available uses authorized for the Project under this the Secretary on project completion and to to the Nation under the Contract to non- Section represent unique and efficient uses the limitations set forth in paragraph (3). Navajo water users in States other than the of Colorado River apportionments in a man- (3) SHARE OF CONSTRUCTION COSTS.— State of New Mexico; or ner that Congress has determined would be (A) IN GENERAL.—Subject to subparagraph (2) authorizes the forbearance of water uses consistent with the obligations of the United (B), the Secretary shall determine the share in the State of New Mexico to allow uses of States to the Navajo Nation. of the construction costs of the Project allo- water in other States other than as author- SEC. 10604. PROJECT CONTRACTS. cable to the City and establish the percent- ized under subsection (d). (a) NAVAJO NATION CONTRACT.— age of the allocated construction costs that (f) COLORADO RIVER COMPACTS.—Notwith- (1) HYDROLOGIC DETERMINATION.—Congress standing any other provision of law— the City shall be required to repay pursuant recognizes that the Hydrologic Determina- (1) water may be diverted by the Project to the contract entered into under paragraph tion necessary to support approval of the from the San Juan River in the State of New (1), based on the ability of the City to pay. Contract has been completed. Mexico for use within New Mexico in the (B) MINIMUM PERCENTAGE.—Notwith- (2) CONTRACT APPROVAL.— lower basin, as that term is used in the Colo- standing subparagraph (A), the repayment (A) APPROVAL.— rado River Compact; obligation of the City shall be at least 25 per- (i) IN GENERAL.—Except to the extent that (2) any water diverted under paragraph (1) cent of the construction costs of the Project any provision of the Contract conflicts with shall be a part of, and charged against, the that are allocable to the City, but shall in no this subtitle, Congress approves, ratifies, and consumptive use apportionment made to the event exceed 35 percent. confirms the Contract. State of New Mexico by Article III(a) of the (4) EXCESS CONSTRUCTION COSTS.—Any con- (ii) AMENDMENTS.—To the extent any Compact and to the upper basin by Article struction costs of the Project allocable to amendment is executed to make the Con- III(a) of the Colorado River Compact; and the City in excess of the repayment obliga- tract consistent with this subtitle, that (3) any water so diverted by the Project tion of the City, as determined under para- amendment is authorized, ratified, and con- into the lower basin within the State of New graph (3), shall be nonreimbursable. firmed. Mexico shall not be credited as water reach- (5) GRANT FUNDS.—A grant from any other (B) EXECUTION OF CONTRACT.—The Sec- ing Lee Ferry pursuant to Articles III(c) and Federal source shall not be credited toward retary, acting on behalf of the United States, III(d) of the Colorado River Compact. the amount required to be repaid by the City shall enter into the Contract to the extent (g) PAYMENT OF OPERATION, MAINTENANCE, under a repayment contract. that the Contract does not conflict with this AND REPLACEMENT COSTS.— (6) TITLE TRANSFER.—If title is transferred subtitle (including any amendment that is (1) IN GENERAL.—The Secretary is author- to the City prior to repayment under section ized to pay the operation, maintenance, and required to make the Contract consistent 10602(f), the City shall be required to provide replacement costs of the Project allocable to with this subtitle). assurances satisfactory to the Secretary of the Project Participants under section 10604 (3) NONREIMBURSABILITY OF ALLOCATED fulfillment of the remaining repayment obli- until the date on which the Secretary de- COSTS.—The following costs shall be nonre- gation of the City. imbursable and not subject to repayment by clares any section of the Project to be sub- (7) WATER DELIVERY SUBCONTRACT.—The stantially complete and delivery of water the Nation or any other Project beneficiary: Secretary shall not enter into a contract generated by, and through, that section of (A) Any share of the construction costs of under paragraph (1) with the City until the the Project can be made to a Project partici- the Nation relating to the Project authorized City has secured a water supply for the pant. by section 10602(a). City’s portion of the Project described in sec- (B) Any costs relating to the construction (2) PROJECT PARTICIPANT PAYMENTS.—Be- tion 10603(b)(2)(B), by entering into, as ap- of the Navajo Indian Irrigation Project that ginning on the date described in paragraph proved by the Secretary, a water delivery may otherwise be allocable to the Nation for (1), each Project Participant shall pay all al- subcontract for a period of not less than 40 use of any facility of the Navajo Indian Irri- located operation, maintenance, and replace- years beginning on the date on which the gation Project to convey water to each Nav- ment costs for that substantially completed construction of any facility of the Project ajo community under the Project. section of the Project, in accordance with serving the City is completed, with— (C) Any costs relating to the construction contracts entered into pursuant to section (A) the Nation, as authorized by the Con- of Navajo Dam that may otherwise be allo- 10604, except as provided in section 10604(f). tract; cable to the Nation for water deliveries (h) NO PRECEDENT.—Nothing in this Act (B) the Jicarilla Apache Nation, as author- under the Contract. shall be construed as authorizing or estab- ized by the settlement contract between the (4) OPERATION, MAINTENANCE, AND REPLACE- lishing a precedent for any type of transfer United States and the Jicarilla Apache of Colorado River System water between the MENT OBLIGATION.—Subject to subsection (f), the Contract shall include provisions under Tribe, authorized by the Jicarilla Apache Upper Basin and Lower Basin. Nor shall any- Tribe Water Rights Settlement Act (Public thing in this Act be construed as expanding which the Nation shall pay any costs relat- ing to the operation, maintenance, and re- Law 102–441; 106 Stat. 2237); or the Secretary’s authority in the Upper (C) an acquired alternate source of water, Basin. placement of each facility of the Project subject to approval of the Secretary and the (i) UNIQUE SITUATION.—Diversions by the that are allocable to the Nation. State of New Mexico, acting through the Project consistent with this section address (5) LIMITATION, CANCELLATION, TERMI- New Mexico Interstate Stream Commission critical tribal and non-Indian water supply NATION, AND RESCISSION.—The Contract may needs under unique circumstances, which in- be limited by a term of years, canceled, ter- and the New Mexico State Engineer. clude, among other things— minated, or rescinded only by an Act of Con- (c) JICARILLA APACHE NATION CONTRACT.— (1) the intent to benefit an American In- gress. (1) CONTRACT AUTHORIZATION.—Consistent dian tribe; (b) CITY OF GALLUP CONTRACT.— with this subtitle, the Secretary is author- (2) the Navajo Nation’s location in both (1) CONTRACT AUTHORIZATION.—Consistent ized to enter into a repayment contract with the Upper and Lower Basin; with this subtitle, the Secretary is author- the Jicarilla Apache Nation that requires (3) the intent to address critical Indian ized to enter into a repayment contract with the Jicarilla Apache Nation— water needs in the State of Arizona and In- the City that requires the City— (A) to repay, within a 50-year period, the dian and non-Indian water needs in the State (A) to repay, within a 50-year period, the share of any construction cost of the of New Mexico, share of the construction costs of the City Jicarilla Apache Nation relating to the (4) the location of the Navajo Nation’s cap- relating to the Project, with interest as pro- Project, with interest as provided under sec- ital city of Window Rock in the State of Ari- vided under section 10305; and tion 10305; and

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(B) consistent with section 10603(g), to pay locates operation, maintenance, and replace- (3) EFFECT OF CONVEYANCE.—The convey- the operation, maintenance, and replace- ment costs for the Project. ance of title to the Pipeline shall not affect ment costs of the Project that are allocable (f) TEMPORARY WAIVERS OF PAYMENTS.— the application of the Endangered Species to the Jicarilla Apache Nation. (1) IN GENERAL.—On the date on which the Act of 1973 (16 U.S.C. 1531 et seq.) relating to (2) CONTRACT PREPAYMENT.— Secretary declares a section of the Project to the use of water associated with the Animas- (A) IN GENERAL.—The contract authorized be substantially complete and delivery of La Plata Project. under paragraph (1) may allow the Jicarilla water generated by and through that section (4) LIABILITY.— Apache Nation to satisfy the repayment obli- of the Project can be made to the Nation, the (A) IN GENERAL.—Effective on the date of gation of the Jicarilla Apache Nation for Secretary may waive, for a period of not the conveyance authorized by this sub- construction costs of the Project on the pay- more than 10 years, the operation, mainte- section, the United States shall not be held ment of the share of the Jicarilla Apache Na- nance, and replacement costs allocable to liable by any court for damages of any kind tion prior to the initiation of construction. the Nation for that section of the Project arising out of any act, omission, or occur- (B) AMOUNT.—The amount of the share of that the Secretary determines are in excess rence relating to the land, buildings, or fa- Jicarilla Apache Nation described in sub- of the ability of the Nation to pay. cilities conveyed under this subsection, paragraph (A) shall be determined by agree- (2) SUBSEQUENT PAYMENT BY NATION.—After other than damages caused by acts of neg- ment between the Secretary and the a waiver under paragraph (1), the Nation ligence committed by the United States or Jicarilla Apache Nation. shall pay all allocated operation, mainte- by employees or agents of the United States (C) REPAYMENT OBLIGATION.—Any repay- nance, and replacement costs of that section prior to the date of conveyance. ment obligation established by the Secretary of the Project. (B) TORT CLAIMS.—Nothing in this sub- and the Jicarilla Apache Nation pursuant to (3) PAYMENT BY UNITED STATES.—Any oper- section increases the liability of the United subparagraph (A) shall be subject to a final ation, maintenance, or replacement costs States beyond the liability provided under cost allocation by the Secretary on project waived by the Secretary under paragraph (1) chapter 171 of title 28, United States Code completion and to the limitations set forth shall be paid by the United States and shall (commonly known as the ‘‘Federal Tort in paragraph (3). be nonreimbursable. Claims Act’’). (3) SHARE OF CONSTRUCTION COSTS.— (4) EFFECT ON CONTRACTS.—Failure of the (5) NOTICE OF PROPOSED CONVEYANCE.—Not (A) IN GENERAL.—Subject to subparagraph Secretary to waive costs under paragraph (1) later than 45 days before the date of a pro- (B), the Secretary shall determine the share because of a lack of availability of Federal posed conveyance of title to the Pipeline, the of the construction costs of the Project allo- funding to pay the costs under paragraph (3) Secretary shall submit to the Committee on cable to the Jicarilla Apache Nation and es- shall not alter the obligations of the Nation Natural Resources of the House of Rep- tablish the percentage of the allocated con- or the United States under a repayment con- resentatives and the Committee on Energy struction costs of the Jicarilla Apache Na- tract. and Natural Resources of the Senate, notice tion that the Jicarilla Apache Nation shall (5) TERMINATION OF AUTHORITY.—The au- of the conveyance of the Pipeline. thority of the Secretary to waive costs under be required to repay based on the ability of SEC. 10606. AUTHORIZATION OF CONJUNCTIVE the Jicarilla Apache Nation to pay. paragraph (1) with respect to a Project facil- USE WELLS. ity transferred to the Nation under section (B) MINIMUM PERCENTAGE.—Notwith- (a) CONJUNCTIVE GROUNDWATER DEVELOP- 10602(f) shall terminate on the date on which standing subparagraph (A), the repayment MENT PLAN.—Not later than 1 year after the obligation of the Jicarilla Apache Nation the Project facility is transferred. date of enactment of this Act, the Nation, in (g) PROJECT CONSTRUCTION COMMITTEE.— shall be at least 25 percent of the construc- consultation with the Secretary, shall com- The Secretary shall facilitate the formation tion costs of the Project that are allocable to plete a conjunctive groundwater develop- of a project construction committee with the the Jicarilla Apache Nation, but shall in no ment plan for the wells described in sub- event exceed 35 percent. Project Participants and the State of New Mexico— sections (b) and (c). (4) EXCESS CONSTRUCTION COSTS.—Any con- (b) WELLS IN THE SAN JUAN RIVER BASIN.— struction costs of the Project allocable to (1) to review cost factors and budgets for construction and operation and maintenance In accordance with the conjunctive ground- the Jicarilla Apache Nation in excess of the water development plan, the Secretary may repayment obligation of the Jicarilla Apache activities; (2) to improve construction management construct or rehabilitate wells and related Nation as determined under paragraph (3), pipeline facilities to provide capacity for the shall be nonreimbursable. through enhanced communication; and (3) to seek additional ways to reduce over- diversion and distribution of not more than (5) GRANT FUNDS.—A grant from any other all Project costs. 1,670 acre-feet of groundwater in the San Federal source shall not be credited toward Juan River Basin in the State of New Mexico the share of the Jicarilla Apache Nation of SEC. 10605. NAVAJO NATION MUNICIPAL PIPE- LINE. for municipal and domestic uses. construction costs. (a) USE OF NAVAJO NATION PIPELINE.—In (c) WELLS IN THE LITTLE COLORADO AND RIO (6) NAVAJO INDIAN IRRIGATION PROJECT addition to use of the Navajo Nation Munic- GRANDE BASINS.— COSTS.—The Jicarilla Apache Nation shall ipal Pipeline to convey the Animas-La Plata (1) IN GENERAL.—In accordance with the have no obligation to repay any Navajo In- Project water of the Nation, the Nation may Project and conjunctive groundwater devel- dian Irrigation Project construction costs use the Navajo Nation Municipal Pipeline to opment plan for the Nation, the Secretary that might otherwise be allocable to the convey non-Animas La Plata Project water may construct or rehabilitate wells and re- Jicarilla Apache Nation for use of the Navajo for municipal and industrial purposes. lated pipeline facilities to provide capacity Indian Irrigation Project facilities to convey (b) CONVEYANCE OF TITLE TO PIPELINE.— for the diversion and distribution of— water to the Jicarilla Apache Nation, and (1) IN GENERAL.—On completion of the Nav- (A) not more than 680 acre-feet of ground- any such costs shall be nonreimbursable. ajo Nation Municipal Pipeline, the Secretary water in the Little Colorado River Basin in (d) CAPITAL COST ALLOCATIONS.— may enter into separate agreements with the the State of New Mexico; (1) IN GENERAL.—For purposes of esti- City of Farmington, New Mexico and the Na- (B) not more than 80 acre-feet of ground- mating the capital repayment requirements tion to convey title to each portion of the water in the Rio Grande Basin in the State of the Project Participants under this sec- Navajo Nation Municipal Pipeline facility or of New Mexico; and tion, the Secretary shall review and, as ap- section of the Pipeline to the City of Farm- (C) not more than 770 acre-feet of ground- propriate, update the Draft Impact State- ington and the Nation after execution of a water in the Little Colorado River Basin in ment allocating capital construction costs Project operations agreement approved by the State of Arizona. for the Project. the Secretary, the Nation, and the City of (2) USE.—Groundwater diverted and dis- (2) FINAL COST ALLOCATION.—The repay- Farmington that sets forth any terms and tributed under paragraph (1) shall be used for ment contracts entered into with Project conditions that the Secretary determines are municipal and domestic uses. Participants under this section shall require necessary. (d) ACQUISITION OF LAND.— that the Secretary perform a final cost allo- (2) CONVEYANCE TO THE CITY OF FARMINGTON (1) IN GENERAL.—Except as provided in cation when construction of the Project is OR NAVAJO NATION.—In conveying title to the paragraph (2), the Secretary may acquire determined to be substantially complete. Navajo Nation Municipal Pipeline under this any land or interest in land that is necessary (3) REPAYMENT OBLIGATION.—The Secretary subsection, the Secretary shall convey— for the construction, operation, and mainte- shall determine the repayment obligation of (A) to the City of Farmington, the facili- nance of the wells and related pipeline facili- the Project Participants based on the final ties and any land or interest in land acquired ties authorized under subsections (b) and (c). cost allocation identifying reimbursable and by the United States for the construction, (2) LIMITATION.—Nothing in this subsection nonreimbursable capital costs of the Project operation, and maintenance of the Pipeline authorizes the Secretary to condemn water consistent with this subtitle. that are located within the corporate bound- rights for the purposes described in para- (e) OPERATION, MAINTENANCE, AND RE- aries of the City; and graph (1). PLACEMENT COST ALLOCATIONS.—For pur- (B) to the Nation, the facilities and any (e) CONDITION.—The Secretary shall not poses of determining the operation, mainte- land or interests in land acquired by the commence any construction activity relat- nance, and replacement obligations of the United States for the construction, oper- ing to the wells described in subsections (b) Project Participants under this section, the ation, and maintenance of the Pipeline that and (c) until the Secretary executes the Secretary shall review and, as appropriate, are located outside the corporate boundaries Agreement. update the Draft Impact Statement that al- of the City of Farmington. (f) CONVEYANCE OF WELLS.—

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(1) IN GENERAL.—On the determination of (b) GRANTS.—The Secretary may provide use wells at a time in excess of 3 years after the Secretary that the wells and related fa- grants to, and enter into cooperative agree- the well is declared substantially complete. cilities are substantially complete and deliv- ments with, the Non-Navajo Irrigation Dis- (c) SAN JUAN RIVER IRRIGATION PROJECTS.— ery of water generated by the wells can be tricts to plan, design, or otherwise imple- (1) IN GENERAL.—There are authorized to be made to the Nation, an agreement with the ment the projects identified under sub- appropriated to the Secretary— Nation shall be entered into, to convey to section (a)(2). (A) to carry out section 10607(a)(1), not the Nation title to— (c) COST-SHARING.— more than $7,700,000, as adjusted under para- (A) any well or related pipeline facility (1) FEDERAL SHARE.—The Federal share of graph (2), for the period of fiscal years 2009 constructed or rehabilitated under sub- the total cost of carrying out a project under through 2016, to remain available until ex- sections (a) and (b) after the wells and re- subsection (b) shall be not more than 50 per- pended; and lated facilities have been completed; and cent, and shall be nonreimbursable. (B) to carry out section 10607(a)(2), not (B) any land or interest in land acquired by (2) FORM.—The non-Federal share required more than $15,400,000, as adjusted under para- the United States for the construction, oper- under paragraph (1) may be in the form of in- graph (2), for the period of fiscal years 2009 ation, and maintenance of the well or related kind contributions, including the contribu- through 2019, to remain available until ex- pipeline facility. tion of any valuable asset or service that the pended. (2) OPERATION, MAINTENANCE, AND REPLACE- Secretary determines would substantially (2) ADJUSTMENT.—The amounts made avail- MENT.— contribute to a project carried out under able under paragraph (1) shall be adjusted by (A) IN GENERAL.—The Secretary is author- subsection (b). such amounts as may be required by reason ized to pay operation and maintenance costs (3) STATE CONTRIBUTION.—The Secretary of changes since January 1, 2004, in construc- for the wells and related pipeline facilities may accept from the State of New Mexico a tion costs, as indicated by engineering cost authorized under this subsection until title partial or total contribution toward the non- indices applicable to the types of construc- to the facilities is conveyed to the Nation. Federal share for a project carried out under tion involved in the rehabilitation. subsection (b). (B) SUBSEQUENT ASSUMPTION BY NATION.— (3) NONREIMBURSABLE EXPENDITURES.— On completion of a conveyance of title under SEC. 10609. AUTHORIZATION OF APPROPRIA- Amounts made available under this sub- TIONS. paragraph (1), the Nation shall assume all re- section shall be nonreimbursable to the (a) AUTHORIZATION OF APPROPRIATIONS FOR sponsibility for the operation and mainte- United States. NAVAJO-GALLUP WATER SUPPLY PROJECT.— nance of the well or related pipeline facility (d) OTHER IRRIGATION PROJECTS.—There are (1) IN GENERAL.—There is authorized to be authorized to be appropriated to the Sec- conveyed. appropriated to the Secretary to plan, de- retary to carry out section 10608 $11,000,000 (3) EFFECT OF CONVEYANCE.—The convey- sign, and construct the Project $870,000,000 for the period of fiscal years 2009 through ance of title to the Nation of the conjunctive for the period of fiscal years 2009 through 2019. use wells under paragraph (1) shall not affect 2024, to remain available until expended. the application of the Endangered Species (e) CULTURAL RESOURCES.— (2) ADJUSTMENTS.—The amount under para- (1) IN GENERAL.—The Secretary may use Act of 1973 (16 U.S.C. 1531 et seq.). graph (1) shall be adjusted by such amounts (g) USE OF PROJECT FACILITIES.—The ca- not more than 2 percent of amounts made as may be required by reason of changes pacities of the treatment facilities, main available under subsections (a), (b), and (c) since 2007 in construction costs, as indicated pipelines, and lateral pipelines of the Project for the survey, recovery, protection, preser- by engineering cost indices applicable to the authorized by section 10602(b) may be used to vation, and display of archaeological re- types of construction involved. treat and convey groundwater to Nation sources in the area of a Project facility or (3) USE.—In addition to the uses authorized communities if the Nation provides for pay- conjunctive use well. under paragraph (1), amounts made available ment of the operation, maintenance, and re- (2) NONREIMBURSABLE EXPENDITURES.—Any under that paragraph may be used for the placement costs associated with the use of amounts made available under paragraph (1) conduct of related activities to comply with the facilities or pipelines. shall be nonreimbursable. Federal environmental laws. (h) LIMITATIONS.—The diversion and use of (f) FISH AND WILDLIFE FACILITIES.— (4) OPERATION AND MAINTENANCE.— groundwater by wells constructed or reha- (1) IN GENERAL.—In association with the bilitated under this section shall be made in (A) IN GENERAL.—There are authorized to development of the Project, the Secretary a manner consistent with applicable Federal be appropriated such sums as are necessary may use not more than 4 percent of amounts and State law. to operate and maintain the Project con- made available under subsections (a), (b), SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGA- sistent with this subtitle. and (c) to purchase land and construct and TION PROJECTS. (B) EXPIRATION.—The authorization under maintain facilities to mitigate the loss of, (a) REHABILITATION.—Subject to subsection subparagraph (A) shall expire 10 years after and improve conditions for the propagation (b), the Secretary shall rehabilitate— the year the Secretary declares the Project of, fish and wildlife if any such purchase, (1) the Fruitland-Cambridge Irrigation to be substantially complete. construction, or maintenance will not affect (b) APPROPRIATIONS FOR CONJUNCTIVE USE Project to serve not more than 3,335 acres of the operation of any water project or use of WELLS.— land, which shall be considered to be the water. (1) SAN JUAN WELLS.—There is authorized total serviceable area of the project; and (2) NONREIMBURSABLE EXPENDITURES.—Any to be appropriated to the Secretary for the (2) the Hogback-Cudei Irrigation Project to amounts expended under paragraph (1) shall construction or rehabilitation and operation serve not more than 8,830 acres of land, be nonreimbursable. which shall be considered to be the total and maintenance of conjunctive use wells PART IV—NAVAJO NATION WATER RIGHTS serviceable area of the project. under section 10606(b) $30,000,000, as adjusted (b) CONDITION.—The Secretary shall not under paragraph (3), for the period of fiscal SEC. 10701. AGREEMENT. commence any construction activity relat- years 2009 through 2019. (a) AGREEMENT APPROVAL.— ing to the rehabilitation of the Fruitland- (2) WELLS IN THE LITTLE COLORADO AND RIO (1) APPROVAL BY CONGRESS.—Except to the Cambridge Irrigation Project or the Hog- GRANDE BASINS.—There are authorized to be extent that any provision of the Agreement back-Cudei Irrigation Project under sub- appropriated to the Secretary for the con- conflicts with this subtitle, Congress ap- section (a) until the Secretary executes the struction or rehabilitation and operation and proves, ratifies, and confirms the Agreement Agreement. maintenance of conjunctive use wells under (including any amendments to the Agree- (c) OPERATION, MAINTENANCE, AND RE- section 10606(c) such sums as are necessary ment that are executed to make the Agree- PLACEMENT OBLIGATION.—The Nation shall for the period of fiscal years 2009 through ment consistent with this subtitle). continue to be responsible for the operation, 2024. (2) EXECUTION BY SECRETARY.—The Sec- maintenance, and replacement of each facil- (3) ADJUSTMENTS.—The amount under para- retary shall enter into the Agreement to the ity rehabilitated under this section. graph (1) shall be adjusted by such amounts extent that the Agreement does not conflict SEC. 10608. OTHER IRRIGATION PROJECTS. as may be required by reason of changes with this subtitle, including— (a) IN GENERAL.—Not later than 2 years since 2008 in construction costs, as indicated (A) any exhibits to the Agreement requir- after the date of enactment of this Act, the by engineering cost indices applicable to the ing the signature of the Secretary; and Secretary, in consultation with the State of types of construction or rehabilitation in- (B) any amendments to the Agreement New Mexico (acting through the Interstate volved. necessary to make the Agreement consistent Stream Commission) and the Non-Navajo Ir- (4) NONREIMBURSABLE EXPENDITURES.— with this subtitle. rigation Districts that elect to participate, Amounts made available under paragraphs (3) AUTHORITY OF SECRETARY.—The Sec- shall— (1) and (2) shall be nonreimbursable to the retary may carry out any action that the (1) conduct a study of Non-Navajo Irriga- United States. Secretary determines is necessary or appro- tion District diversion and ditch facilities; (5) USE.—In addition to the uses authorized priate to implement the Agreement, the and under paragraphs (1) and (2), amounts made Contract, and this section. (2) based on the study, identify and available under that paragraph may be used (4) ADMINISTRATION OF NAVAJO RESERVOIR prioritize a list of projects, with associated for the conduct of related activities to com- RELEASES.—The State of New Mexico may cost estimates, that are recommended to be ply with Federal environmental laws. administer water that has been released implemented to repair, rehabilitate, or re- (6) LIMITATION.—Appropriations authorized from storage in Navajo Reservoir in accord- construct irrigation diversion and ditch fa- under paragraph (1) shall not be used for op- ance with subparagraph 9.1 of the Agree- cilities to improve water use efficiency. eration or maintenance of any conjunctive ment.

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(b) WATER AVAILABLE UNDER CONTRACT.— in trust for the Nation or a member of the paragraph 4.0 of the Agreement, and any (1) QUANTITIES OF WATER AVAILABLE.— Nation or land held in fee by the Nation). other applicable law. (A) IN GENERAL.—Water shall be made (B) APPROVAL REQUIRED.—A subcontract (2) ALIENATION; MAXIMUM TERM.— available annually under the Contract for entered into under subparagraph (A) shall (A) ALIENATION.—The Nation shall not per- projects in the State of New Mexico supplied not be effective until approved by the Sec- manently alienate any right granted to the from the Navajo Reservoir and the San Juan retary in accordance with this subsection Nation under the Agreement. River (including tributaries of the River) and the Contract. (B) MAXIMUM TERM.—The term of any under New Mexico State Engineer File Num- (C) SUBMITTAL.—The Nation shall submit water use lease, contract, or other arrange- bers 2849, 2883, and 3215 in the quantities de- to the Secretary for approval or disapproval ment (including a renewal) under this sub- scribed in subparagraph (B). any subcontract entered into under this sub- section shall be not more than 99 years. (B) WATER QUANTITIES.—The quantities of section. (3) NO LIABILITY.—The Secretary shall not water referred to in subparagraph (A) are as (D) DEADLINE.—The Secretary shall ap- be liable to any party, including the Nation, follows: prove or disapprove a subcontract submitted for any term of, or any loss or other det- to the Secretary under subparagraph (C) not riment resulting from, a lease, contract, or Diver- Deple- later than the later of— other agreement entered into pursuant to sion tion (i) the date that is 180 days after the date this subsection. (acre- (acre- on which the subcontract is submitted to the (4) NONINTERCOURSE ACT COMPLIANCE.—This feet/year) feet/year) Secretary; and subsection— (ii) the date that is 60 days after the date (A) provides congressional authorization Navajo Indian Irriga- on which a subcontractor complies with— for the lease, contracting, and transfer of tion Project 508,000 270,000 (I) section 102(2)(C) of the National Envi- any water right described in paragraph Navajo-Gallup Water ronmental Policy Act of 1969 (42 U.S.C. (1)(A); and Supply Project 22,650 20,780 4332(2)(C)); and (B) is deemed to fulfill any requirement Animas-La Plata (II) any other requirement of Federal law. that may be imposed by the provisions of Project 4,680 2,340 (E) ENFORCEMENT.—A party to a sub- section 2116 of the Revised Statutes (25 Total 535,330 293,120 contract may enforce the deadline described U.S.C. 177). in subparagraph (D) under section 1361 of (5) FORFEITURE.—The nonuse of a water (C) MAXIMUM QUANTITY.—A diversion of title 28, United States Code. right of the Nation by a lessee or contractor water to the Nation under the Contract for a (F) COMPLIANCE WITH OTHER LAW.—A sub- to the Nation under this subsection shall not project described in subparagraph (B) shall contract described in subparagraph (A) shall result in forfeiture, abandonment, relin- not exceed the quantity of water necessary comply with the Agreement, the Partial quishment, or other loss of any part of a to supply the amount of depletion for the Final Decree described in paragraph 3.0 of right decreed to the Nation under the Con- project. the Agreement, and any other applicable tract or this section. (D) TERMS, CONDITIONS, AND LIMITATIONS.— law. (e) NULLIFICATION.— The diversion and use of water under the (G) NO LIABILITY.—The Secretary shall not (1) DEADLINES.— Contract shall be subject to and consistent be liable to any party, including the Nation, (A) IN GENERAL.—In carrying out this sec- with the terms, conditions, and limitations for any term of, or any loss or other det- tion, the following deadlines apply with re- of the Agreement, this subtitle, and any riment resulting from, a lease, contract, or spect to implementation of the Agreement: other applicable law. other agreement entered into pursuant to (i) AGREEMENT.—Not later than December (2) AMENDMENTS TO CONTRACT.—The Sec- this subsection. 31, 2010, the Secretary shall execute the retary, with the consent of the Nation, may (2) ALIENATION.— Agreement. amend the Contract if the Secretary deter- (A) PERMANENT ALIENATION.—The Nation (ii) CONTRACT.—Not later than December mines that the amendment is— shall not permanently alienate any right 31, 2010, the Secretary and the Nation shall (A) consistent with the Agreement; and granted to the Nation under the Contract. execute the Contract. (B) in the interest of conserving water or (B) MAXIMUM TERM.—The term of any (iii) PARTIAL FINAL DECREE.—Not later facilitating beneficial use by the Nation or a water use subcontract (including a renewal) than December 31, 2013, the court in the subcontractor of the Nation. under this subsection shall be not more than stream adjudication shall have entered the (3) RIGHTS OF THE NATION.—The Nation 99 years. Partial Final Decree described in paragraph may, under the Contract— (3) NONINTERCOURSE ACT COMPLIANCE.—This 3.0 of the Agreement. (A) use tail water, wastewater, and return subsection— (iv) FRUITLAND-CAMBRIDGE IRRIGATION flows attributable to a use of the water by (A) provides congressional authorization PROJECT.—Not later than December 31, 2016, the Nation or a subcontractor of the Nation for the subcontracting rights of the Nation; the rehabilitation construction of the Fruit- if— and land-Cambridge Irrigation Project author- (i) the depletion of water does not exceed (B) is deemed to fulfill any requirement ized under section 10607(a)(1) shall be com- the quantities described in paragraph (1); and that may be imposed by section 2116 of the pleted. (ii) the use of tail water, wastewater, or re- Revised Statutes (25 U.S.C. 177). (v) SUPPLEMENTAL PARTIAL FINAL DECREE.— turn flows is consistent with the terms, con- (4) FORFEITURE.—The nonuse of the water Not later than December 31, 2016, the court ditions, and limitations of the Agreement, supply secured by a subcontractor of the Na- in the stream adjudication shall enter the and any other applicable law; and tion under this subsection shall not result in Supplemental Partial Final Decree described (B) change a point of diversion, change a forfeiture, abandonment, relinquishment, or in subparagraph 4.0 of the Agreement. purpose or place of use, and transfer a right other loss of any part of a right decreed to (vi) HOGBACK-CUDEI IRRIGATION PROJECT.— for depletion under this subtitle (except for a the Nation under the Contract or this sec- Not later than December 31, 2019, the reha- point of diversion, purpose or place of use, or tion. bilitation construction of the Hogback-Cudei right for depletion for use in the State of Ar- (5) NO PER CAPITA PAYMENTS.—No part of Irrigation Project authorized under section izona under section 10603(b)(2)(D)), to an- the revenue from a water use subcontract 10607(a)(2) shall be completed. other use, purpose, place, or depletion in the under this subsection shall be distributed to (vii) TRUST FUND.—Not later than Decem- State of New Mexico to meet a water re- any member of the Nation on a per capita ber 31, 2019, the United States shall make all source or economic need of the Nation if— basis. deposits into the Trust Fund under section (i) the change or transfer is subject to and (d) WATER LEASES NOT REQUIRING SUB- 10702. consistent with the terms of the Agreement, CONTRACTS.— (viii) CONJUNCTIVE WELLS.—Not later than the Partial Final Decree described in para- (1) AUTHORITY OF NATION.— December 31, 2019, the funds authorized to be graph 3.0 of the Agreement, the Contract, (A) IN GENERAL.—The Nation may lease, appropriated under section 10609(b)(1) for the and any other applicable law; and contract, or otherwise transfer to another conjunctive use wells authorized under sec- (ii) a change or transfer of water use by the party or to another purpose or place of use in tion 10606(b) should be appropriated. Nation does not alter any obligation of the the State of New Mexico (on or off land that (ix) NAVAJO-GALLUP WATER SUPPLY United States, the Nation, or another party is held by the United States in trust for the PROJECT.—Not later than December 31, 2024, to pay or repay project construction, oper- Nation or a member of the Nation or held in the construction of all Project facilities ation, maintenance, or replacement costs fee by the Nation) a water right that— shall be completed. under this subtitle and the Contract. (i) is decreed to the Nation under the (B) EXTENSION.—A deadline described in (c) SUBCONTRACTS.— Agreement; and subparagraph (A) may be extended if the Na- (1) IN GENERAL.— (ii) is not subject to the Contract. tion, the United States (acting through the (A) SUBCONTRACTS BETWEEN NATION AND (B) COMPLIANCE WITH OTHER LAW.—In car- Secretary), and the State of New Mexico THIRD PARTIES.—The Nation may enter into rying out an action under this subsection, (acting through the New Mexico Interstate subcontracts for the delivery of Project the Nation shall comply with the Agree- Stream Commission) agree that an extension water under the Contract to third parties for ment, the Partial Final Decree described in is reasonably necessary. any beneficial use in the State of New Mex- paragraph 3.0 of the Agreement, the Supple- (2) REVOCABILITY OF AGREEMENT, CONTRACT ico (on or off land held by the United States mental Partial Final Decree described in AND AUTHORIZATIONS.—

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(A) PETITION.—If the Nation determines the Trust Fund pursuant to subsection (d), SEC. 10703. WAIVERS AND RELEASES. that a deadline described in paragraph (1)(A) and make amounts available from the Trust (a) CLAIMS BY THE NATION AND THE UNITED is not substantially met, the Nation may Fund for distribution to the Nation in ac- STATES.—In return for recognition of the Na- submit to the court in the stream adjudica- cordance with the American Indian Trust tion’s water rights and other benefits, in- tion a petition to enter an order terminating Fund Management Reform Act of 1994 (25 cluding but not limited to the commitments the Agreement and Contract. U.S.C. 4001 et seq.). by other parties, as set forth in the Agree- (B) TERMINATION.—On issuance of an order (d) INVESTMENT OF THE TRUST FUND.—Be- ment and this subtitle, the Nation, on behalf to terminate the Agreement and Contract ginning on October 1, 2019, the Secretary of itself and members of the Nation (other under subparagraph (A)— shall invest amounts in the Trust Fund in than members in the capacity of the mem- (i) the Trust Fund shall be terminated; accordance with— bers as allottees), and the United States act- (ii) the balance of the Trust Fund shall be (1) the Act of April 1, 1880 (25 U.S.C. 161); ing in its capacity as trustee for the Nation, deposited in the general fund of the Treas- (2) the first section of the Act of June 24, shall execute a waiver and release of— ury; 1938 (25 U.S.C. 162a); and (1) all claims for water rights in, or for wa- (iii) the authorizations for construction (3) the American Indian Trust Fund Man- ters of, the San Juan River Basin in the and rehabilitation of water projects under agement Reform Act of 1994 (25 U.S.C. 4001 et State of New Mexico that the Nation, or the this subtitle shall be revoked and any Fed- seq.). United States as trustee for the Nation, as- eral activity related to that construction serted, or could have asserted, in any pro- and rehabilitation shall be suspended; and (e) CONDITIONS FOR EXPENDITURES AND ceeding, including but not limited to the (iv) this part and parts I and III shall be WITHDRAWALS.— stream adjudication, up to and including the null and void. (1) TRIBAL MANAGEMENT PLAN.— effective date described in subsection (e), ex- (3) CONDITIONS NOT CAUSING NULLIFICATION (A) IN GENERAL.—Subject to paragraph (7), cept to the extent that such rights are recog- OF SETTLEMENT.— on approval by the Secretary of a tribal nized in the Agreement or this subtitle; (A) IN GENERAL.—If a condition described management plan in accordance with the (2) all claims for damages, losses, or inju- in subparagraph (B) occurs, the Agreement American Indian Trust Fund Management ries to water rights or claims of interference and Contract shall not be nullified or termi- Reform Act of 1994 (25 U.S.C. 4001 et seq.), the with, diversion, or taking of water (including nated. Nation may withdraw all or a portion of the but not limited to claims for injury to lands (B) CONDITIONS.—The conditions referred to amounts in the Trust Fund. resulting from such damages, losses, inju- in subparagraph (A) are as follows: (B) REQUIREMENTS.—In addition to any re- ries, interference with, diversion, or taking) (i) A lack of right to divert at the capac- quirements under the American Indian Trust in the San Juan River Basin in the State of ities of conjunctive use wells constructed or Fund Management Reform Act of 1994 (25 New Mexico that accrued at any time up to rehabilitated under section 10606. U.S.C. 4001 et seq.), the tribal management and including the effective date described in (ii) A failure— plan shall require that the Nation only use subsection (e); (I) to determine or resolve an accounting amounts in the Trust Fund for the purposes (3) all claims of any damage, loss, or injury of the use of water under this subtitle in the described in subsection (b), including the or for injunctive or other relief because of State of Arizona; identification of water conservation meas- the condition of or changes in water quality (II) to obtain a necessary water right for ures to be implemented in association with related to, or arising out of, the exercise of the consumptive use of water in Arizona; the agricultural water use of the Nation. water rights; and (III) to contract for the delivery of water (2) ENFORCEMENT.—The Secretary may (4) all claims against the State of New for use in Arizona; or take judicial or administrative action to en- Mexico, its agencies, or employees relating (IV) to construct and operate a lateral fa- force the provisions of any tribal manage- to the negotiation or the adoption of the cility to deliver water to a community of the ment plan to ensure that any amounts with- Agreement. Nation in Arizona, under the Project. drawn from the Trust Fund are used in ac- (f) EFFECT ON RIGHTS OF INDIAN TRIBES.— cordance with this subtitle. (b) CLAIMS BY THE NATION AGAINST THE (1) IN GENERAL.—Except as provided in (3) NO LIABILITY.—Neither the Secretary UNITED STATES.—The Nation, on behalf of paragraph (2), nothing in the Agreement, the nor the Secretary of the Treasury shall be itself and its members (other than in the ca- Contract, or this section quantifies or ad- liable for the expenditure or investment of pacity of the members as allottees), shall versely affects the land and water rights, or any amounts withdrawn from the Trust execute a waiver and release of— claims or entitlements to water, of any In- Fund by the Nation. (1) all claims against the United States, its dian tribe or community other than the (4) EXPENDITURE PLAN.— agencies, or employees relating to claims for rights, claims, or entitlements of the Nation (A) IN GENERAL.—The Nation shall submit water rights in or waters of the San Juan in, to, and from the San Juan River Basin in to the Secretary for approval an expenditure River Basin in the State of New Mexico that the State of New Mexico. plan for any portion of the amounts in the the United States, acting in its capacity as (2) EXCEPTION.—The right of the Nation to Trust Fund made available under this sec- trustee for the Nation, asserted, or could use water under water rights the Nation has tion that the Nation does not withdraw have asserted, in any proceeding, including in other river basins in the State of New under this subsection. but not limited to the stream adjudication; Mexico shall be forborne to the extent that (B) DESCRIPTION.—The expenditure plan (2) all claims against the United States, its the Nation supplies the uses for which the shall describe the manner in which, and the agencies, or employees relating to damages, water rights exist by diversions of water purposes for which, funds of the Nation re- losses, or injuries to water, water rights, from the San Juan River Basin under the maining in the Trust Fund will be used. land, or natural resources due to loss of Project consistent with subparagraph 9.13 of (C) APPROVAL.—On receipt of an expendi- water or water rights (including but not lim- the Agreement. ture plan under subparagraph (A), the Sec- ited to damages, losses, or injuries to hunt- SEC. 10702. TRUST FUND. retary shall approve the plan if the Sec- ing, fishing, gathering, or cultural rights due retary determines that the plan is reason- to loss of water or water rights; claims relat- (a) ESTABLISHMENT.—There is established in the Treasury a fund to be known as the able and consistent with this subtitle. ing to inference with, diversion, or taking of ‘‘Navajo Nation Water Resources Develop- (5) ANNUAL REPORT.—The Nation shall sub- water or water rights; or claims relating to ment Trust Fund’’, consisting of— mit to the Secretary an annual report that failure to protect, acquire, replace, or de- (1) such amounts as are appropriated to the describes any expenditures from the Trust velop water or water rights) in the San Juan Trust Fund under subsection (f); and Fund during the year covered by the report. River Basin in the State of New Mexico that (2) any interest earned on investment of (6) LIMITATION.—No portion of the amounts first accrued at any time up to and including amounts in the Trust Fund under subsection in the Trust Fund shall be distributed to any the effective date described in subsection (e); (d). Nation member on a per capita basis. (3) all claims against the United States, its (7) CONDITIONS.—Any amount authorized to agencies, or employees relating to the pend- (b) USE OF FUNDS.—The Nation may use amounts in the Trust Fund— be appropriated to the Trust Fund under sub- ing litigation of claims relating to the Na- (1) to investigate, construct, operate, section (f) shall not be available for expendi- tion’s water rights in the stream adjudica- maintain, or replace water project facilities, ture or withdrawal— tion; and including facilities conveyed to the Nation (A) before December 31, 2019; and (4) all claims against the United States, its under this subtitle and facilities owned by (B) until the date on which the court in the agencies, or employees relating to the nego- the United States for which the Nation is re- stream adjudication has entered— tiation, execution, or the adoption of the sponsible for operation, maintenance, and re- (i) the Partial Final Decree; and Agreement, the decrees, the Contract, or this placement costs; and (ii) the Supplemental Partial Final Decree. subtitle. (2) to investigate, implement, or improve a (f) AUTHORIZATION OF APPROPRIATIONS.— (c) RESERVATION OF CLAIMS.—Notwith- water conservation measure (including a me- There are authorized to be appropriated for standing the waivers and releases authorized tering or monitoring activity) necessary for deposit in the Trust Fund— in this subtitle, the Nation on behalf of itself the Nation to make use of a water right of (1) $6,000,000 for each of fiscal years 2010 and its members (including members in the the Nation under the Agreement. through 2014; and capacity of the members as allottees) and (c) MANAGEMENT.—The Secretary shall (2) $4,000,000 for each of fiscal years 2015 the United States acting in its capacity as manage the Trust Fund, invest amounts in through 2019. trustee for the Nation and allottees, retain—

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(1) all claims for water rights or injuries to (2) quantifying rights to water and devel- (2) DEVELOPMENT FUND.—The term ‘‘Devel- water rights arising out of activities occur- opment of facilities needed to use tribal opment Fund’’ means the Shoshone-Paiute ring outside the San Juan River Basin in the water supplies is essential to the develop- Tribes Water Rights Development Fund es- State of New Mexico, subject to paragraphs ment of viable Indian reservation economies tablished by section 10807(b)(1). 8.0, 9.3, 9.12, 9.13, and 13.9 of the Agreement; and the establishment of a permanent res- (3) EAST FORK OF THE OWYHEE RIVER.—The (2) all claims for enforcement of the Agree- ervation homeland; term ‘‘East Fork of the Owyhee River’’ ment, the Contract, the Partial Final De- (3) uncertainty concerning the extent of means the portion of the east fork of the cree, the Supplemental Partial Final Decree, the Shoshone-Paiute Tribes’ water rights has Owyhee River that is located in the State. or this subtitle, through any legal and equi- resulted in limited access to water and inad- (4) MAINTENANCE FUND.—The term ‘‘Main- table remedies available in any court of com- equate financial resources necessary to tenance Fund’’ means the Shoshone-Paiute petent jurisdiction; achieve self-determination and self-suffi- Tribes Operation and Maintenance Fund es- (3) all rights to use and protect water ciency; tablished by section 10807(c)(1). rights acquired pursuant to State law after (4) in 2006, the Tribes, the State of Idaho, (5) RESERVATION.—The term ‘‘Reservation’’ the date of enactment of this Act; the affected individual water users, and the means the Duck Valley Reservation estab- (4) all claims relating to activities affect- United States resolved all tribal claims to lished by the Executive order dated April 16, ing the quality of water not related to the water rights in the Snake River Basin Adju- 1877, as adjusted pursuant to the Executive exercise of water rights, including but not dication through a consent decree entered by order dated May 4, 1886, and Executive order limited to any claims the Nation might have the District Court of the Fifth Judicial Dis- numbered 1222 and dated July 1, 1910, for use under— trict of the State of Idaho, requiring no fur- and occupation by the Western Shoshones (A) the Comprehensive Environmental Re- ther Federal action to quantify the Tribes’ and the Paddy Cap Band of Paiutes. sponse, Compensation, and Liability Act of water rights in the State of Idaho; (6) SECRETARY.—The term ‘‘Secretary’’ 1980 (42 U.S.C. 9601 et seq.); (5) as of the date of enactment of this Act, means the Secretary of the Interior. (B) the Safe Drinking Water Act (42 U.S.C. proceedings to determine the extent and na- (7) STATE.—The term ‘‘State’’ means the 300f et seq.); and ture of the water rights of the Tribes in the State of Nevada. (C) the Federal Water Pollution Control East Fork of the Owyhee River in Nevada are (8) TRIBAL WATER RIGHTS.—The term ‘‘trib- Act (33 U.S.C. 1251 et seq.); pending before the Nevada State Engineer; al water rights’’ means rights of the Tribes (5) all claims relating to damages, losses, (6) final resolution of the Tribes’ water described in the Agreement relating to or injuries to land or natural resources not claims in the East Fork of the Owyhee River water, including groundwater, storage water, due to loss of water or water rights; and adjudication will— and surface water. (6) all rights, remedies, privileges, immuni- (A) take many years; (9) TRIBES.—The term ‘‘Tribes’’ means the ties, and powers not specifically waived and (B) entail great expense; Shoshone-Paiute Tribes of the Duck Valley released under the terms of the Agreement (C) continue to limit the access of the Reservation. or this subtitle. Tribes to water, with economic and social (10) UPSTREAM WATER USER.—The term (d) TOLLING OF CLAIMS.— consequences; ‘‘upstream water user’’ means a non-Federal (1) IN GENERAL.—Each applicable period of (D) prolong uncertainty relating to the water user that— limitation and time-based equitable defense availability of water supplies; and (A) is located upstream from the Reserva- relating to a claim described in this section (E) seriously impair long-term economic tion on the East Fork of the Owyhee River; shall be tolled for the period beginning on planning and development for all parties to and the date of enactment of this Act and ending the litigation; (B) is a signatory to the Agreement as a on the earlier of— (7) after many years of negotiation, the party to the East Fork of the Owyhee River (A) March 1, 2025; or Tribes, the State, and the upstream water adjudication. (B) the effective date described in sub- users have entered into a settlement agree- SEC. 10804. APPROVAL, RATIFICATION, AND CON- section (e). ment to resolve permanently all water rights FIRMATION OF AGREEMENT; AU- (2) EFFECT OF SUBSECTION.—Nothing in this of the Tribes in the State; and THORIZATION. subsection revives any claim or tolls any pe- (8) the Tribes also seek to resolve certain (a) IN GENERAL.—Except as provided in riod of limitation or time-based equitable de- water-related claims for damages against the subsection (c) and except to the extent that fense that expired before the date of enact- United States. the Agreement otherwise conflicts with pro- ment of this Act. SEC. 10802. PURPOSES. visions of this subtitle, the Agreement is ap- (3) LIMITATION.—Nothing in this section The purposes of this subtitle are— proved, ratified, and confirmed. (b) SECRETARIAL AUTHORIZATION.—The Sec- precludes the tolling of any period of limita- (1) to resolve outstanding issues with re- retary is authorized and directed to execute tions or any time-based equitable defense spect to the East Fork of the Owyhee River the Agreement as approved by Congress. under any other applicable law. in the State in such a manner as to provide (c) EXCEPTION FOR TRIBAL WATER MAR- (e) EFFECTIVE DATE.— important benefits to— (1) IN GENERAL.—The waivers and releases KETING.—Notwithstanding any language in (A) the United States; the Agreement to the contrary, nothing in described in subsections (a) and (b) shall be (B) the State; effective on the date on which the Secretary this subtitle authorizes the Tribes to use or (C) the Tribes; and authorize others to use tribal water rights publishes in the Federal Register a state- (D) the upstream water users; ment of findings documenting that each of off the Reservation, other than use for stor- (2) to achieve a fair, equitable, and final age at Wild Horse Reservoir for use on tribal the deadlines described in section 10701(e)(1) settlement of all claims of the Tribes, mem- have been met. land and for the allocation of 265 acre feet to bers of the Tribes, and the United States on upstream water users under the Agreement, (2) DEADLINE.—If the deadlines described in behalf of the Tribes and members of Tribes section 10701(e)(1)(A) have not been met by or use on tribal land off the Reservation. to the waters of the East Fork of the Owyhee (d) ENVIRONMENTAL COMPLIANCE.—Execu- the later of March 1, 2025, or the date of any River in the State; extension under section 10701(e)(1)(B)— tion of the Agreement by the Secretary (3) to ratify and provide for the enforce- under this section shall not constitute major (A) the waivers and releases described in ment of the Agreement among the parties to subsections (a) and (b) shall be of no effect; Federal action under the National Environ- the litigation; mental Policy Act (42 U.S.C. 4321 et seq.). and (4) to resolve the Tribes’ water-related (B) section 10701(e)(2)(B) shall apply. The Secretary shall carry out all environ- claims for damages against the United mental compliance required by Federal law SEC. 10704. WATER RIGHTS HELD IN TRUST. States; in implementing the Agreement. A tribal water right adjudicated and de- (5) to require the Secretary to perform all (e) PERFORMANCE OF OBLIGATIONS.—The scribed in paragraph 3.0 of the Partial Final obligations of the Secretary under the Secretary and any other head of a Federal Decree and in paragraph 3.0 of the Supple- Agreement and this subtitle; and agency obligated under the Agreement shall mental Partial Final Decree shall be held in (6) to authorize the actions and appropria- perform actions necessary to carry out an trust by the United States on behalf of the tions necessary to meet the obligations of obligation under the Agreement in accord- Nation. the United States under the Agreement and ance with this subtitle. Subtitle C—Shoshone-Paiute Tribes of the this subtitle. SEC. 10805. TRIBAL WATER RIGHTS. Duck Valley Reservation Water Rights Set- SEC. 10803. DEFINITIONS. (a) IN GENERAL.—Tribal water rights shall tlement In this subtitle: be held in trust by the United States for the SEC. 10801. FINDINGS. (1) AGREEMENT.—The term ‘‘Agreement’’ benefit of the Tribes. Congress finds that— means the agreement entitled the ‘‘Agree- (b) ADMINISTRATION.— (1) it is the policy of the United States, in ment to Establish the Relative Water Rights (1) ENACTMENT OF WATER CODE.—Not later accordance with the trust responsibility of of the Shoshone-Paiute Tribes of the Duck than 3 years after the date of enactment of the United States to Indian tribes, to pro- Valley Reservation and the Upstream Water this Act, the Tribes, in accordance with pro- mote Indian self-determination and eco- Users, East Fork Owyhee River’’ and signed visions of the Tribes’ constitution and sub- nomic self-sufficiency and to settle Indian in counterpart between, on, or about Sep- ject to the approval of the Secretary, shall water rights claims without lengthy and tember 22, 2006, and January 15, 2007 (includ- enact a water code to administer tribal costly litigation, if practicable; ing all attachments to that Agreement). water rights.

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(2) INTERIM ADMINISTRATION.—The Sec- (c) MAINTENANCE FUND.— (3) FUNDING AGREEMENT.—Notwithstanding retary shall regulate the tribal water rights (1) ESTABLISHMENT.—There is established any other provision of this subtitle, on re- during the period beginning on the date of in the Treasury of the United States a fund ceipt of a request from the Tribes, the Sec- enactment of this Act and ending on the date to be known as the ‘‘Shoshone-Paiute Tribes retary shall include an amount from funds on which the Tribes enact a water code Operation and Maintenance Fund’’. made available under this section in the under paragraph (1). (2) USE OF FUNDS.—The Tribes shall use funding agreement of the Tribes under title (c) TRIBAL WATER RIGHTS NOT SUBJECT TO amounts in the Maintenance Fund to pay or IV of the Indian Self-Determination and LOSS.—The tribal water rights shall not be provide reimbursement for— Education Assistance Act (25 U.S.C. 458aa et subject to loss by abandonment, forfeiture, (A) operation, maintenance, and replace- seq.), for use in accordance with subsections or nonuse. ment costs of the Duck Valley Indian Irriga- (b)(2) and (c)(2). No amount made available SEC. 10806. DUCK VALLEY INDIAN IRRIGATION tion Project and other water-related projects under this subtitle may be requested until PROJECT. funded under this subtitle; or the waivers under section 10808(a) take ef- (a) STATUS OF THE DUCK VALLEY INDIAN IR- (B) operation, maintenance, and replace- fect. RIGATION PROJECT.—Nothing in this subtitle ment costs of water supply and sewer sys- (g) NO PER CAPITA PAYMENTS.—No amount shall affect the status of the Duck Valley In- tems for tribal communities, including the from the Funds (including any interest in- dian Irrigation Project under Federal law. operation and maintenance costs of a water come that would have accrued to the Funds (b) CAPITAL COSTS NONREIMBURSABLE.—The quality testing laboratory. after the effective date) shall be distributed capital costs associated with the Duck Val- (3) AUTHORIZATION OF APPROPRIATIONS.— to a member of the Tribes on a per capita ley Indian Irrigation Project as of the date of There is authorized to be appropriated to the basis. enactment of this Act, including any capital Secretary for deposit in the Maintenance SEC. 10808. TRIBAL WAIVER AND RELEASE OF cost incurred with funds distributed under Fund $3,000,000 for each of fiscal years 2010 CLAIMS. (a) WAIVER AND RELEASE OF CLAIMS BY this subtitle for the Duck Valley Indian Irri- through 2014. TRIBES AND UNITED STATES ACTING AS TRUST- gation Project, shall be nonreimbursable. (d) AVAILABILITY OF AMOUNTS FROM EE FOR TRIBES.—In return for recognition of FUNDS.—Amounts made available under sub- SEC. 10807. DEVELOPMENT AND MAINTENANCE the Tribes’ water rights and other benefits as sections (b)(3) and (c)(3) shall be available for FUNDS. set forth in the Agreement and this subtitle, (a) DEFINITION OF FUNDS.—In this section, expenditure or withdrawal only after the ef- the Tribes, on behalf of themselves and their the term ‘‘Funds’’ means— fective date described in section 10808(d). members, and the United States acting in its (1) the Development Fund; and (e) ADMINISTRATION OF FUNDS.—Upon com- capacity as trustee for the Tribes are author- (2) the Maintenance Fund. pletion of the actions described in section ized to execute a waiver and release of— (b) DEVELOPMENT FUND.— 10808(d), the Secretary, in accordance with (1) all claims for water rights in the State (1) ESTABLISHMENT.—There is established the American Indian Trust Fund Manage- of Nevada that the Tribes, or the United in the Treasury of the United States a fund ment Reform Act of 1994 (25 U.S.C. 4001 et States acting in its capacity as trustee for to be known as the ‘‘Shoshone-Paiute Tribes seq.) shall manage the Funds, including by the Tribes, asserted, or could have asserted, Water Rights Development Fund’’. investing amounts from the Funds in accord- in any proceeding, including pending pro- (2) USE OF FUNDS.— ance with the Act of April 1, 1880 (25 U.S.C. ceedings before the Nevada State Engineer (A) PRIORITY USE OF FUNDS FOR REHABILITA- 161), and the first section of the Act of June to determine the extent and nature of the TION.—The Tribes shall use amounts in the 24, 1938 (25 U.S.C. 162a). water rights of the Tribes in the East Fork Development Fund to— (f) EXPENDITURES AND WITHDRAWAL.— of the Owyhee River in Nevada, up to and in- (i) rehabilitate the Duck Valley Indian Ir- (1) TRIBAL MANAGEMENT PLAN.— cluding the effective date, except to the ex- rigation Project; or (A) IN GENERAL.—The Tribes may withdraw tent that such rights are recognized in the (ii) for other purposes under subparagraph all or part of amounts in the Funds on ap- Agreement or this subtitle; and (B), provided that the Tribes have given proval by the Secretary of a tribal manage- (2) all claims for damages, losses or inju- written notification to the Secretary that— ment plan as described in the American In- ries to water rights or claims of interference (I) the Duck Valley Indian Irrigation dian Trust Fund Management Reform Act of with, diversion or taking of water rights (in- Project has been rehabilitated to an accept- 1994 (25 U.S.C. 4001 et seq.). cluding claims for injury to lands resulting able condition; or (B) REQUIREMENTS.—In addition to the re- from such damages, losses, injuries, inter- (II) sufficient funds will remain available quirements under the American Indian Trust ference with, diversion, or taking of water from the Development Fund to rehabilitate Fund Management Reform Act of 1994 (25 rights) within the State of Nevada that ac- the Duck Valley Indian Irrigation Project to U.S.C. 4001 et seq.), the tribal management crued at any time up to and including the ef- an acceptable condition after expending plan shall require that the Tribes spend any fective date. funds for other purposes under subparagraph amounts withdrawn from the Funds in ac- (b) WAIVER AND RELEASE OF CLAIMS BY (B). cordance with the purposes described in sub- TRIBES AGAINST UNITED STATES.—The Tribes, (B) OTHER USES OF FUNDS.—Once the Tribes section (b)(2) or (c)(2). on behalf of themselves and their members, have provided written notification as pro- (C) ENFORCEMENT.—The Secretary may are authorized to execute a waiver and re- vided in subparagraph (A)(ii)(I) or (A)(ii)(II), take judicial or administrative action to en- lease of— the Tribes may use amounts from the Devel- force the provisions of any tribal manage- (1) all claims against the United States, its opment Fund for any of the following pur- ment plan to ensure that any amounts with- agencies, or employees, relating in any man- poses: drawn from the Funds under the plan are ner to claims for water rights in or water of (i) To expand the Duck Valley Indian Irri- used in accordance with this subtitle and the the States of Nevada and Idaho that the gation Project. Agreement. United States acting in its capacity as trust- (ii) To pay or reimburse costs incurred by (D) LIABILITY.—If the Tribes exercise the ee for the Tribes asserted, or could have as- the Tribes in acquiring land and water right to withdraw amounts from the Funds, serted, in any proceeding, including pending rights. neither the Secretary nor the Secretary of proceedings before the Nevada State Engi- (iii) For purposes of cultural preservation. the Treasury shall retain any liability for neer to determine the extent and nature of (iv) To restore or improve fish or wildlife the expenditure or investment of the the water rights of the Tribes in the East habitat. amounts. Fork of the Owyhee River in Nevada, and the (v) For fish or wildlife production, water (2) EXPENDITURE PLAN.— Snake River Basin Adjudication in Idaho; resource development, or agricultural devel- (A) IN GENERAL.—The Tribes shall submit (2) all claims against the United States, its opment. to the Secretary for approval an expenditure agencies, or employees relating in any man- (vi) For water resource planning and devel- plan for any portion of the amounts in the ner to damages, losses, or injuries to water, opment. Funds that the Tribes do not withdraw under water rights, land, or other resources due to (vii) To pay the costs of— the tribal management plan. loss of water or water rights (including dam- (I) designing and constructing water sup- (B) DESCRIPTION.—The expenditure plan ages, losses or injuries to fishing and other ply and sewer systems for tribal commu- shall describe the manner in which, and the similar rights due to loss of water or water nities, including a water quality testing lab- purposes for which, amounts of the Tribes re- rights; claims relating to interference with, oratory; maining in the Funds will be used. diversion or taking of water; or claims relat- (II) other appropriate water-related (C) APPROVAL.—On receipt of an expendi- ing to failure to protect, acquire, replace, or projects and other related economic develop- ture plan under subparagraph (A), the Sec- develop water, water rights or water infra- ment projects; retary shall approve the plan if the Sec- structure) within the States of Nevada and (III) the development of a water code; and retary determines that the plan is reason- Idaho that first accrued at any time up to (IV) other costs of implementing the able and consistent with this subtitle and and including the effective date; Agreement. the Agreement. (3) all claims against the United States, its (3) AUTHORIZATION OF APPROPRIATIONS.— (D) ANNUAL REPORT.—For each Fund, the agencies, or employees relating to the oper- There is authorized to be appropriated to the Tribes shall submit to the Secretary an an- ation, maintenance, or rehabilitation of the Secretary for deposit in the Development nual report that describes all expenditures Duck Valley Indian Irrigation Project that Fund $9,000,000 for each of fiscal years 2010 from the Fund during the year covered by first accrued at any time up to and including through 2014. the report. the date upon which the Tribes notify the

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.059 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S545 Secretary as provided in section to be appropriated under subsections (b)(3) TITLE XI—UNITED STATES GEOLOGICAL 10807(b)(2)(A)(ii)(I) that the rehabilitation of and (c)(3) of section 10807 are appropriated. SURVEY AUTHORIZATIONS the Duck Valley Indian Irrigation Project (2) EFFECT OF SUBPARAGRAPH.—Nothing in SEC. 11001. REAUTHORIZATION OF THE NA- under this subtitle to an acceptable level has this subparagraph revives any claim or tolls TIONAL GEOLOGIC MAPPING ACT OF been accomplished; any period of limitation or time-based equi- 1992. (4) all claims against the United States, its table defense that expired before the date of (a) FINDINGS.—Section 2(a) of the National agencies, or employees relating in any man- enactment of this Act. Geologic Mapping Act of 1992 (43 U.S.C. ner to the litigation of claims relating to the 31a(a)) is amended— Tribes’ water rights in pending proceedings SEC. 10809. MISCELLANEOUS. (1) by striking paragraph (1) and inserting the following: before the Nevada State Engineer to deter- (a) GENERAL DISCLAIMER.—The parties to ‘‘(1) although significant progress has been mine the extent and nature of the water the Agreement expressly reserve all rights rights of the Tribes in the East Fork of the made in the production of geologic maps not specifically granted, recognized, or relin- Owyhee River in Nevada or the Snake River since the establishment of the national coop- Basin Adjudication in Idaho; and quished by— erative geologic mapping program in 1992, no (5) all claims against the United States, its (1) the settlement described in the Agree- modern, digital, geologic map exists for ap- agencies, or employees relating in any man- ment; or proximately 75 percent of the United ner to the negotiation, execution, or adop- (2) this subtitle. States;’’; and tion of the Agreement, exhibits thereto, the (b) LIMITATION OF CLAIMS AND RIGHTS.— (2) in paragraph (2)— decree referred to in subsection (d)(2), or this Nothing in this subtitle— (A) in subparagraph (C), by inserting subtitle. (1) establishes a standard for quantifying— ‘‘homeland and’’ after ‘‘planning for’’; (c) RESERVATION OF RIGHTS AND RETENTION (A) a Federal reserved water right; (B) in subparagraph (E), by striking ‘‘pre- OF CLAIMS.—Notwithstanding the waivers (B) an aboriginal claim; or dicting’’ and inserting ‘‘identifying’’; and releases authorized in this subtitle, the (C) any other water right claim of an In- (C) in subparagraph (I), by striking ‘‘and’’ Tribes on their own behalf and the United dian tribe in a judicial or administrative after the semicolon at the end; States acting in its capacity as trustee for (D) by redesignating subparagraph (J) as proceeding; the Tribes retain— subparagraph (K); and (2) affects the ability of the United States, (1) all claims for enforcement of the Agree- (E) by inserting after subparagraph (I) the acting in its sovereign capacity, to take ac- ment, the decree referred to in subsection following: tions authorized by law, including any laws (d)(2), or this subtitle, through such legal ‘‘(J) recreation and public awareness; and’’; relating to health, safety, or the environ- and equitable remedies as may be available and in the decree court or the appropriate Fed- ment, including the Comprehensive Environ- (3) in paragraph (9), by striking ‘‘impor- eral court; mental Response, Compensation, and Liabil- tant’’ and inserting ‘‘available’’. (2) all rights to acquire a water right in a ity Act of 1980 (42 U.S.C. 9601 et seq.), the (b) PURPOSE.—Section 2(b) of the National State to the same extent as any other entity Safe Drinking Water Act (42 U.S.C. 300f et Geologic Mapping Act of 1992 (43 U.S.C. in the State, in accordance with State law, seq.), the Federal Water Pollution Control 31a(b)) is amended by inserting ‘‘and man- and to use and protect water rights acquired Act (33 U.S.C. 1251 et seq.), the Solid Waste agement’’ before the period at the end. after the date of enactment of this Act; Disposal Act (42 U.S.C. 6901 et seq.) (com- (c) DEADLINES FOR ACTIONS BY THE UNITED (3) all claims relating to activities affect- monly known as the ‘‘Resource Conservation STATES GEOLOGICAL SURVEY.—Section 4(b)(1) ing the quality of water including any claims and Recovery Act of 1976’’), and the regula- of the National Geologic Mapping Act of 1992 the Tribes might have under the Comprehen- tions implementing those Acts; (43 U.S.C. 31c(b)(1)) is amended in the second sive Environmental Response, Compensa- (3) affects the ability of the United States sentence— tion, and Liability Act of 1980 (42 U.S.C. 9601 to take actions, acting in its capacity as (1) in subparagraph (A), by striking ‘‘not et seq.) (including claims for damages to nat- trustee for any other Tribe, Pueblo, or allot- later than’’ and all that follows through the ural resources), the Safe Drinking Water Act tee; semicolon and inserting ‘‘not later than 1 (42 U.S.C. 300f et seq.), the Federal Water (4) waives any claim of a member of the year after the date of enactment of the Om- Pollution Control Act (33 U.S.C. 1251 et seq.), Tribes in an individual capacity that does nibus Public Land Management Act of 2009;’’; and the regulations implementing those not derive from a right of the Tribes; or (2) in subparagraph (B), by striking ‘‘not Acts; and (5) limits the right of a party to the Agree- later than’’ and all that follows through ‘‘in (4) all rights, remedies, privileges, immuni- ment to litigate any issue not resolved by accordance’’ and inserting ‘‘not later than 1 ties, and powers not specifically waived and the Agreement or this subtitle. year after the date of enactment of the Om- released pursuant to this subtitle. nibus Public Land Management Act of 2009 (d) EFFECTIVE DATE.—Notwithstanding (c) ADMISSION AGAINST INTEREST.—Nothing in accordance’’; and anything in the Agreement to the contrary, in this subtitle constitutes an admission (3) in the matter preceding clause (i) of the waivers by the Tribes, or the United against interest by a party in any legal pro- subparagraph (C), by striking ‘‘not later States on behalf of the Tribes, under this ceeding. than’’ and all that follows through ‘‘submit’’ section shall take effect on the date on and inserting ‘‘submit biennially’’. (d) RESERVATION.—The Reservation shall which the Secretary publishes in the Federal (d) GEOLOGIC MAPPING PROGRAM OBJEC- Register a statement of findings that in- be— TIVES.—Section 4(c)(2) of the National Geo- cludes a finding that— (1) considered to be the property of the logic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) (1) the Agreement and the waivers and re- Tribes; and is amended— leases authorized and set forth in sub- (2) permanently held in trust by the United (1) by striking ‘‘geophysical-map data base, sections (a) and (b) have been executed by States for the sole use and benefit of the geochemical-map data base, and a’’; and the parties and the Secretary; Tribes. (2) by striking ‘‘provide’’ and inserting (2) the Fourth Judicial District Court, (e) JURISDICTION.— ‘‘provides’’. Elko County, Nevada, has issued a judgment (1) SUBJECT MATTER JURISDICTION.—Nothing (e) GEOLOGIC MAPPING PROGRAM COMPO- and decree consistent with the Agreement in the Agreement or this subtitle restricts, NENTS.—Section 4(d)(1)(B)(ii) of the National from which no further appeal can be taken; enlarges, or otherwise determines the sub- Geologic Mapping Act of 1992 (43 U.S.C. and ject matter jurisdiction of any Federal, 31c(d)(1)(B)(ii)) is amended— (1) in subclause (I), by striking ‘‘and’’ after (3) the amounts authorized under sub- State, or tribal court. the semicolon at the end; sections (b)(3) and (c)(3) of section 10807 have (2) CIVIL OR REGULATORY JURISDICTION.— (2) in subclause (II), by striking the period been appropriated. Nothing in the Agreement or this subtitle (e) FAILURE TO PUBLISH STATEMENT OF at the end and inserting ‘‘; and’’; and impairs or impedes the exercise of any civil FINDINGS.—If the Secretary does not publish (3) by adding at the end the following: or regulatory authority of the United States, a statement of findings under subsection (d) ‘‘(III) the needs of land management agen- by March 31, 2016— the State, or the Tribes. cies of the Department of the Interior.’’. (1) the Agreement and this subtitle shall (3) CONSENT TO JURISDICTION.—The United (f) GEOLOGIC MAPPING ADVISORY COM- not take effect; and States consents to jurisdiction in a proper MITTEE.— (2) any funds that have been appropriated forum for purposes of enforcing the provi- (1) MEMBERSHIP.—Section 5(a) of the Na- under this subtitle shall immediately revert sions of the Agreement. tional Geologic Mapping Act of 1992 (43 to the general fund of the United States (4) EFFECT OF SUBSECTION.—Nothing in this U.S.C. 31d(a)) is amended— Treasury. subsection confers jurisdiction on any State (A) in paragraph (2)— (f) TOLLING OF CLAIMS.— court to— (i) by inserting ‘‘the Secretary of the Inte- (1) IN GENERAL.—Each applicable period of (A) interpret Federal law regarding the rior or a designee from a land management limitation and time-based equitable defense health, safety, or the environment or deter- agency of the Department of the Interior,’’ relating to a claim described in this section mine the duties of the United States or other after ‘‘Administrator of the Environmental shall be tolled for the period beginning on parties pursuant to such Federal law; or Protection Agency or a designee,’’; the date of enactment of this Act and ending (B) conduct judicial review of a Federal (ii) by inserting ‘‘and’’ after ‘‘Energy or a on the date on which the amounts authorized agency action. designee,’’; and

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.059 S15JAPT1 jbell on PROD1PC69 with SENATE S546 CONGRESSIONAL RECORD — SENATE January 15, 2009 (iii) by striking ‘‘, and the Assistant to the (B) the availability of groundwater re- gram, taking into consideration advice of President for Science and Technology or a sources for human use; the Board established under section 12005; designee’’; and (C) the salinity of groundwater resources; (5) enhance the technical capability of the (B) in paragraph (3)— (D) the potential of the groundwater re- United States marine science community by (i) by striking ‘‘Not later than’’ and all sources to recharge; promoting the development of improved that follows through ‘‘consultation’’ and in- (E) the interaction between groundwater oceanographic research, communication, serting ‘‘In consultation’’; and surface water; navigation, and data collection systems, as (ii) by striking ‘‘Chief Geologist, as Chair- (F) the susceptibility of the aquifers to well as underwater platforms and sensor and man’’ and inserting ‘‘Associate Director for contamination; and autonomous vehicles; and Geology, as Chair’’; and (G) any other relevant criteria; and (6) establish an ocean exploration forum to (iii) by striking ‘‘one representative from (2) a characterization of surface and bed- encourage partnerships and promote commu- the private sector’’ and inserting ‘‘2 rep- rock geology, including the effect of the ge- nication among experts and other stake- resentatives from the private sector’’. ology on groundwater yield and quality. holders in order to enhance the scientific and (2) DUTIES.—Section 5(b) of the National (b) STUDY AREAS.—The study carried out technical expertise and relevance of the na- Geologic Mapping Act of 1992 (43 U.S.C. under subsection (a) shall include the tional program. 31d(b)) is amended— Estancia Basin, Salt Basin, Tularosa Basin, (b) DONATIONS.—The Administrator may (A) in paragraph (2), by striking ‘‘and’’ at Hueco Basin, and middle Rio Grande Basin in accept donations of property, data, and the end; the State. equipment to be applied for the purpose of (B) by redesignating paragraph (3) as para- (c) REPORT.—Not later than 2 years after exploring the oceans or increasing knowl- graph (4); and the date of enactment of this Act, the Sec- edge of the oceans. (C) by inserting after paragraph (2) the fol- retary shall submit to the Committee on En- SEC. 12004. OCEAN EXPLORATION AND UNDER- lowing: ergy and Natural Resources of the Senate SEA RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. ‘‘(3) provide a scientific overview of geo- and the Committee on Resources of the (a) IN GENERAL.—The Administrator of the logic maps (including maps of geologic-based House of Representatives a report that de- National Oceanic and Atmospheric Adminis- hazards) used or disseminated by Federal scribes the results of the study. tration, in coordination with the National agencies for regulation or land-use planning; (d) AUTHORIZATION OF APPROPRIATIONS.— Science Foundation, the National Aero- and’’. There are authorized to be appropriated such nautics and Space Administration, the (3) CONFORMING AMENDMENT.—Section sums as are necessary to carry out this sec- United States Geological Survey, the De- 5(a)(1) of the National Geologic Mapping Act tion. partment of the Navy, the Mineral Manage- of 1992 (43 U.S.C. 31d(a)(1)) is amended by TITLE XII—OCEANS ment Service, and relevant governmental, striking ‘‘10-member’’ and inserting ‘‘11- Subtitle A—Ocean Exploration non-governmental, academic, industry, and member’’. other experts, shall convene an ocean explo- PART I—EXPLORATION (g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP ration and undersea research technology and DATABASE.—Section 7(a) of the National Geo- SEC. 12001. PURPOSE. infrastructure task force to develop and im- logic Mapping Act of 1992 (43 U.S.C. 31f(a)) is The purpose of this part is to establish the plement a strategy— amended— national ocean exploration program and the (1) to facilitate transfer of new exploration (1) in paragraph (1), by striking ‘‘geologic national undersea research program within and undersea research technology to the pro- map’’ and inserting ‘‘geologic-map’’; and the National Oceanic and Atmospheric Ad- grams authorized under this part and part II (2) in paragraph (2), by striking subpara- ministration. of this subtitle; graph (A) and inserting the following: SEC. 12002. PROGRAM ESTABLISHED. (2) to improve availability of communica- ‘‘(A) all maps developed with funding pro- The Administrator of the National Oceanic tions infrastructure, including satellite ca- vided by the National Cooperative Geologic and Atmospheric Administration shall, in pabilities, to such programs; Mapping Program, including under the Fed- consultation with the National Science (3) to develop an integrated, workable, and eral, State, and education components;’’. Foundation and other appropriate Federal comprehensive data management informa- (h) BIENNIAL REPORT.—Section 8 of the Na- agencies, establish a coordinated national tion processing system that will make infor- tional Geologic Mapping Act of 1992 (43 ocean exploration program within the Na- mation on unique and significant features U.S.C. 31g) is amended by striking ‘‘Not tional Oceanic and Atmospheric Administra- obtained by such programs available for re- later’’ and all that follows through ‘‘bienni- tion that promotes collaboration with other search and management purposes; ally’’ and inserting ‘‘Not later than 3 years Federal ocean and undersea research and ex- (4) to conduct public outreach activities after the date of enactment of the Omnibus ploration programs. To the extent appro- that improve the public understanding of Public Land Management Act of 2009 and bi- priate, the Administrator shall seek to fa- ocean science, resources, and processes, in ennially’’. cilitate coordination of data and information conjunction with relevant programs of the (i) AUTHORIZATION OF APPROPRIATIONS; AL- management systems, outreach and edu- National Oceanic and Atmospheric Adminis- LOCATION.—Section 9 of the National Geo- cation programs to improve public under- tration, the National Science Foundation, logic Mapping Act of 1992 (43 U.S.C. 31h) is and other agencies; and amended— standing of ocean and coastal resources, and development and transfer of technologies to (5) to encourage cost-sharing partnerships (1) by striking subsection (a) and inserting with governmental and nongovernmental en- the following: facilitate ocean and undersea research and exploration. tities that will assist in transferring explo- ‘‘(a) IN GENERAL.—There is authorized to ration and undersea research technology and be appropriated to carry out this Act SEC. 12003. POWERS AND DUTIES OF THE ADMIN- ISTRATOR. technical expertise to the programs. $64,000,000 for each of fiscal years 2009 (b) BUDGET COORDINATION.—The task force (a) IN GENERAL.—In carrying out the pro- through 2018.’’; and shall coordinate the development of agency (2) in subsection (b)— gram authorized by section 12002, the Admin- budgets and identify the items in their an- (A) in the matter preceding paragraph (1), istrator of the National Oceanic and Atmos- nual budget that support the activities iden- by striking ‘‘2000’’ and inserting ‘‘2005’’; pheric Administration shall— tified in the strategy developed under sub- (B) in paragraph (1), by striking ‘‘48’’ and (1) conduct interdisciplinary voyages or section (a). other scientific activities in conjunction inserting ‘‘50’’; and SEC. 12005. OCEAN EXPLORATION ADVISORY (C) in paragraph (2), by striking 2 and in- with other Federal agencies or academic or BOARD. serting ‘‘4’’. educational institutions, to explore and sur- (a) ESTABLISHMENT.—The Administrator of SEC. 11002. NEW MEXICO WATER RESOURCES vey little known areas of the marine envi- the National Oceanic and Atmospheric Ad- STUDY. ronment, inventory, observe, and assess liv- ministration shall appoint an Ocean Explo- (a) IN GENERAL.—The Secretary of the In- ing and nonliving marine resources, and re- ration Advisory Board composed of experts terior, acting through the Director of the port such findings; in relevant fields— United States Geological Survey (referred to (2) give priority attention to deep ocean re- (1) to advise the Administrator on priority in this section as the ‘‘Secretary’’), in co- gions, with a focus on deep water marine sys- areas for survey and discovery; ordination with the State of New Mexico (re- tems that hold potential for important sci- (2) to assist the program in the develop- ferred to in this section as the ‘‘State’’) and entific discoveries, such as hydrothermal ment of a 5-year strategic plan for the fields any other entities that the Secretary deter- vent communities and seamounts; of ocean, marine, and Great Lakes science, mines to be appropriate (including other (3) conduct scientific voyages to locate, de- exploration, and discovery; Federal agencies and institutions of higher fine, and document historic shipwrecks, sub- (3) to annually review the quality and ef- education), shall, in accordance with this merged sites, and other ocean exploration fectiveness of the proposal review process es- section and any other applicable law, con- activities that combine archaeology and tablished under section 12003(a)(4); and duct a study of water resources in the State, oceanographic sciences; (4) to provide other assistance and advice including— (4) develop and implement, in consultation as requested by the Administrator. (1) a survey of groundwater resources, in- with the National Science Foundation, a (b) FEDERAL ADVISORY COMMITTEE ACT.— cluding an analysis of— transparent, competitive process for merit- Section 14 of the Federal Advisory Com- (A) aquifers in the State, including the based peer-review and approval of proposals mittee Act (5 U.S.C. App.) shall not apply to quantity of water in the aquifers; for activities to be conducted under this pro- the Board appointed under subsection (a).

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(c) APPLICATION WITH OUTER CONTINENTAL work of regional centers and the National In- (B) $8,053,000 for the National Technology SHELF LANDS ACT.—Nothing in part super- stitute for Undersea Science and Tech- Institute; sedes, or limits the authority of the Sec- nology: (6) for fiscal year 2014— retary of the Interior under the Outer Conti- (1) Core research and exploration based on (A) $22,145,000 for the regional centers, of nental Shelf Lands Act (43 U.S.C. 1331 et national and regional undersea research pri- which 50 percent shall be for West Coast re- seq.). orities. gional centers and 50 percent shall be for SEC. 12006. AUTHORIZATION OF APPROPRIA- (2) Advanced undersea technology develop- East Coast regional centers; and TIONS. ment to support the National Oceanic and (B) $8,859,000 for the National Technology There are authorized to be appropriated to Atmospheric Administration’s research mis- Institute; and the National Oceanic and Atmospheric Ad- sion and programs. (7) for fiscal year 2015— ministration to carry out this part— (3) Undersea science-based education and (A) $24,359,000 for the regional centers, of (1) $33,550,000 for fiscal year 2009; outreach programs to enrich ocean science which 50 percent shall be for West Coast re- (2) $36,905,000 for fiscal year 2010; education and public awareness of the oceans gional centers and 50 percent shall be for (3) $40,596,000 for fiscal year 2011; and Great Lakes. East Coast regional centers; and (4) $44,655,000 for fiscal year 2012; (4) Development, testing, and transition of (B) $9,744,000 for the National Technology (5) $49,121,000 for fiscal year 2013; advanced undersea technology associated Institute. (6) $54,033,000 for fiscal year 2014; and with ocean observatories, submersibles, ad- Subtitle B—Ocean and Coastal Mapping (7) $59,436,000 for fiscal year 2015. vanced diving technologies, remotely oper- Integration Act ated vehicles, autonomous underwater vehi- PART II—NOAA UNDERSEA RESEARCH SEC. 12201. SHORT TITLE. PROGRAM ACT OF 2009 cles, and new sampling and sensing tech- This subtitle may be cited as the ‘‘Ocean nologies. and Coastal Mapping Integration Act’’. SEC. 12101. SHORT TITLE. (5) Discovery, study, and development of SEC. 12202. ESTABLISHMENT OF PROGRAM. This part may be cited as the ‘‘NOAA Un- natural resources and products from ocean, (a) IN GENERAL.—The President, in coordi- dersea Research Program Act of 2009’’. coastal, and aquatic systems. nation with the Interagency Committee on SEC. 12102. PROGRAM ESTABLISHED. (b) OPERATIONS.—The Director of the pro- Ocean and Coastal Mapping and affected (a) IN GENERAL.—The Administrator of the gram, through operation of the extramural National Oceanic and Atmospheric Adminis- regional centers and the National Institute coastal states, shall establish a program to tration shall establish and maintain an un- for Undersea Science and Technology, shall develop a coordinated and comprehensive dersea research program and shall designate leverage partnerships and cooperative re- Federal ocean and coastal mapping plan for a Director of that program. search with academia and private industry. the Great Lakes and coastal state waters, the territorial sea, the exclusive economic (b) PURPOSE.—The purpose of the program SEC. 12106. COMPETITIVENESS. zone, and the continental shelf of the United is to increase scientific knowledge essential (a) DISCRETIONARY FUND.—The Program for the informed management, use, and pres- shall allocate no more than 10 percent of its States that enhances ecosystem approaches ervation of oceanic, marine, and coastal annual budget to a discretionary fund that in decision-making for conservation and areas and the Great Lakes. may be used only for program administra- management of marine resources and habi- tats, establishes research and mapping prior- SEC. 12103. POWERS OF PROGRAM DIRECTOR. tion and priority undersea research projects identified by the Director but not covered by ities, supports the siting of research and The Director of the program, in carrying other platforms, and advances ocean and out the program, shall— funding available from centers. (b) COMPETITIVE SELECTION.—The Adminis- coastal science. (1) cooperate with institutions of higher trator shall conduct an initial competition (b) MEMBERSHIP.—The Committee shall be education and other educational marine and to select the regional centers that will par- comprised of high-level representatives of ocean science organizations, and shall make ticipate in the program 90 days after the the Department of Commerce, through the available undersea research facilities, equip- publication of the final program direction National Oceanic and Atmospheric Adminis- ment, technologies, information, and exper- under section 12104 and every 5 years there- tration, the Department of the Interior, the tise to support undersea research efforts by after. Funding for projects conducted National Science Foundation, the Depart- these organizations; through the regional centers shall be award- ment of Defense, the Environmental Protec- (2) enter into partnerships, as appropriate ed through a competitive, merit-reviewed tion Agency, the Department of Homeland and using existing authorities, with the pri- process on the basis of their relevance to the Security, the National Aeronautics and vate sector to achieve the goals of the pro- goals of the program and their technical fea- Space Administration, and other appropriate gram and to promote technological advance- sibility. Federal agencies involved in ocean and ment of the marine industry; and SEC. 12107. AUTHORIZATION OF APPROPRIA- coastal mapping. (3) coordinate the development of agency TIONS. (c) PROGRAM PARAMETERS.—In developing budgets and identify the items in their an- There are authorized to be appropriated to such a program, the President, through the nual budget that support the activities de- the National Oceanic and Atmospheric Ad- Committee, shall— scribed in paragraphs (1) and (2). ministration— (1) identify all Federal and federally-fund- SEC. 12104. ADMINISTRATIVE STRUCTURE. (1) for fiscal year 2009— ed programs conducting shoreline delinea- (a) IN GENERAL.—The program shall be con- (A) $13,750,000 for the regional centers, of tion and ocean or coastal mapping, noting ducted through a national headquarters, a which 50 percent shall be for West Coast re- geographic coverage, frequency, spatial cov- network of extramural regional undersea re- gional centers and 50 percent shall be for erage, resolution, and subject matter focus search centers that represent all relevant East Coast regional centers; and of the data and location of data archives; National Oceanic and Atmospheric Adminis- (B) $5,500,000 for the National Technology (2) facilitate cost-effective, cooperative tration regions, and the National Institute Institute; mapping efforts that incorporate policies for for Undersea Science and Technology. (2) for fiscal year 2010— contracting with non-governmental entities (b) DIRECTION.—The Director shall develop (A) $15,125,000 for the regional centers, of among all Federal agencies conducting ocean the overall direction of the program in co- which 50 percent shall be for West Coast re- and coastal mapping, by increasing data ordination with a Council of Center Direc- gional centers and 50 percent shall be for sharing, developing appropriate data acquisi- tors comprised of the directors of the extra- East Coast regional centers; and tion and metadata standards, and facili- mural regional centers and the National In- (B) $6,050,000 for the National Technology tating the interoperability of in situ data stitute for Undersea Science and Tech- Institute; collection systems, data processing, nology. The Director shall publish a draft (3) for fiscal year 2011— archiving, and distribution of data products; program direction document not later than 1 (A) $16,638,000 for the regional centers, of (3) facilitate the adaptation of existing year after the date of enactment of this Act which 50 percent shall be for West Coast re- technologies as well as foster expertise in in the Federal Register for a public comment gional centers and 50 percent shall be for new ocean and coastal mapping technologies, period of not less than 120 days. The Director East Coast regional centers; and including through research, development, shall publish a final program direction, in- (B) $6,655,000 for the National Technology and training conducted among Federal agen- cluding responses to the comments received Institute; cies and in cooperation with non-govern- during the public comment period, in the (4) for fiscal year 2012— mental entities; Federal Register within 90 days after the (A) $18,301,000 for the regional centers, of (4) develop standards and protocols for close of the comment period. The program which 50 percent shall be for West Coast re- testing innovative experimental mapping director shall update the program direction, gional centers and 50 percent shall be for technologies and transferring new tech- with opportunity for public comment, at East Coast regional centers; and nologies between the Federal Government, least every 5 years. (B) $7,321,000 for the National Technology coastal state, and non-governmental enti- SEC. 12105. RESEARCH, EXPLORATION, EDU- Institute; ties; CATION, AND TECHNOLOGY PRO- (5) for fiscal year 2013— (5) provide for the archiving, management, GRAMS. (A) $20,131,000 for the regional centers, of and distribution of data sets through a na- (a) IN GENERAL.—The following research, which 50 percent shall be for West Coast re- tional registry as well as provide mapping exploration, education, and technology pro- gional centers and 50 percent shall be for products and services to the general public grams shall be conducted through the net- East Coast regional centers; and in service of statutory requirements;

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.059 S15JAPT1 jbell on PROD1PC69 with SENATE S548 CONGRESSIONAL RECORD — SENATE January 15, 2009 (6) develop data standards and protocols (2) international mapping activities; SEC. 12205. PLAN. consistent with standards developed by the (3) coastal states; (a) IN GENERAL.—Not later than 6 months Federal Geographic Data Committee for use (4) user groups through workshops and after the date of enactment of this Act, the by Federal, coastal state, and other entities other appropriate mechanisms; and Administrator, in consultation with the in mapping and otherwise documenting loca- (5) representatives of nongovernmental en- Committee, shall develop and submit to the tions of federally permitted activities, living tities. Congress a plan for an integrated ocean and and nonliving coastal and marine resources, (g) ADVISORY PANEL.—The Administrator coastal mapping initiative within the Na- marine ecosystems, sensitive habitats, sub- may convene an ocean and coastal mapping tional Oceanic and Atmospheric Administra- merged cultural resources, undersea cables, advisory panel consisting of representatives tion. offshore aquaculture projects, offshore en- from non-governmental entities to provide (b) PLAN REQUIREMENTS.—The plan shall— ergy projects, and any areas designated for input regarding activities of the committee (1) identify and describe all ocean and purposes of environmental protection or con- in consultation with the interagency com- coastal mapping programs within the agen- servation and management of living and non- mittee. cy, including those that conduct mapping or living coastal and marine resources; SEC. 12204. BIENNIAL REPORTS. related activities in the course of existing (7) identify the procedures to be used for No later than 18 months after the date of missions, such as hydrographic surveys, coordinating the collection and integration enactment of this Act, and biennially there- ocean exploration projects, living marine re- of Federal ocean and coastal mapping data after, the co-chairmen of the Committee source conservation and management pro- with coastal state and local government pro- shall transmit to the Committees on Com- grams, coastal zone management projects, grams; merce, Science, and Transportation and En- and ocean and coastal observations and (8) facilitate, to the extent practicable, the ergy and Natural Resources of the Senate science projects; collection of real-time tide data and the de- and the Committee on Natural Resources of (2) establish priority mapping programs velopment of hydrodynamic models for the House of Representatives a report detail- and establish and periodically update prior- coastal areas to allow for the application of ing progress made in implementing this sub- ities for geographic areas in surveying and V-datum tools that will facilitate the seam- title, including— mapping across all missions of the National less integration of onshore and offshore maps (1) an inventory of ocean and coastal map- Oceanic and Atmospheric Administration, as and charts; ping data within the territorial sea and the well as minimum data acquisition and (9) establish a plan for the acquisition and exclusive economic zone and throughout the metadata standards for those programs; collection of ocean and coastal mapping Continental Shelf of the United States, not- (3) encourage the development of innova- data; and ing the age and source of the survey and the tive ocean and coastal mapping technologies (10) set forth a timetable for completion spatial resolution (metadata) of the data; and applications, through research and de- and implementation of the plan. (2) identification of priority areas in need velopment through cooperative or other SEC. 12203. INTERAGENCY COMMITTEE ON of survey coverage using present tech- agreements with joint or cooperative re- OCEAN AND COASTAL MAPPING. nologies; search institutes or centers and with other (a) IN GENERAL.—The Administrator of the (3) a resource plan that identifies when pri- non-governmental entities; National Oceanic and Atmospheric Adminis- ority areas in need of modern ocean and (4) document available and developing tration, within 30 days after the date of en- coastal mapping surveys can be accom- technologies, best practices in data proc- actment of this Act, shall convene or utilize plished; essing and distribution, and leveraging op- an existing interagency committee on ocean (4) the status of efforts to produce inte- portunities with other Federal agencies, and coastal mapping to implement section grated digital maps of ocean and coastal coastal states, and non-governmental enti- 12202. areas; ties; (b) MEMBERSHIP.—The committee shall be (5) identify training, technology, and other comprised of senior representatives from (5) a description of any products resulting resource requirements for enabling the Na- Federal agencies with ocean and coastal from coordinated mapping efforts under this mapping and surveying responsibilities. The subtitle that improve public understanding tional Oceanic and Atmospheric Administra- representatives shall be high-ranking offi- of the coasts and oceans, or regulatory deci- tion’s programs, vessels, and aircraft to sup- cials of their respective agencies or depart- sionmaking; port a coordinated ocean and coastal map- ments and, whenever possible, the head of (6) documentation of minimum and desired ping program; the portion of the agency or department that standards for data acquisition and integrated (6) identify a centralized mechanism or of- is most relevant to the purposes of this sub- metadata; fice for coordinating data collection, proc- title. Membership shall include senior rep- (7) a statement of the status of Federal ef- essing, archiving, and dissemination activi- resentatives from the National Oceanic and forts to leverage mapping technologies, co- ties of all such mapping programs within the Atmospheric Administration, the Chief of ordinate mapping activities, share expertise, National Oceanic and Atmospheric Adminis- Naval Operations, the United States Geologi- and exchange data; tration that meets Federal mandates for cal Survey, the Minerals Management Serv- (8) a statement of resource requirements data accuracy and accessibility and des- ice, the National Science Foundation, the for organizations to meet the goals of the ignate a repository that is responsible for National Geospatial-Intelligence Agency, the program, including technology needs for archiving and managing the distribution of United States Army Corps of Engineers, the data acquisition, processing, and distribu- all ocean and coastal mapping data to sim- Coast Guard, the Environmental Protection tion systems; plify the provision of services to benefit Fed- Agency, the Federal Emergency Manage- (9) a statement of the status of efforts to eral and coastal state programs; and ment Agency, the National Aeronautics and declassify data gathered by the Navy, the (7) set forth a timetable for implementa- Space Administration, and other appropriate National Geospatial-Intelligence Agency, tion and completion of the plan, including a Federal agencies involved in ocean and and other agencies to the extent possible schedule for submission to the Congress of coastal mapping. without jeopardizing national security, and periodic progress reports and recommenda- (c) CO-CHAIRMEN.—The Committee shall be make it available to partner agencies and tions for integrating approaches developed co-chaired by the representative of the De- the public; under the initiative into the interagency partment of Commerce and a representative (10) a resource plan for a digital coast inte- program. of the Department of the Interior. grated mapping pilot project for the north- (c) NOAA JOINT OCEAN AND COASTAL MAP- (d) SUBCOMMITTEE.—The co-chairmen shall ern Gulf of Mexico that will— PING CENTERS.—The Administrator may establish a subcommittee to carry out the (A) cover the area from the authorized maintain and operate up to 3 joint ocean and day-to-day work of the Committee, com- coastal counties through the territorial sea; coastal mapping centers, including a joint prised of senior representatives of any mem- (B) identify how such a pilot project will hydrographic center, which shall each be co- ber agency of the committee. Working leverage public and private mapping data located with an institution of higher edu- groups may be formed by the full Committee and resources, such as the United States Ge- cation. The centers shall serve as hydro- to address issues of short duration. The sub- committee shall be chaired by the represent- ological Survey National Map, to result in graphic centers of excellence and may con- ative from the National Oceanic and Atmos- an operational coastal change assessment duct activities necessary to carry out the pheric Administration. The chairmen of the program for the subregion; purposes of this subtitle, including— Committee may create such additional sub- (11) the status of efforts to coordinate Fed- (1) research and development of innovative committees and working groups as may be eral programs with coastal state and local ocean and coastal mapping technologies, needed to carry out the work of Committee. government programs and leverage those equipment, and data products; (e) MEETINGS.—The committee shall meet programs; (2) mapping of the United States Outer on a quarterly basis, but each subcommittee (12) a description of efforts of Federal Continental Shelf and other regions; and each working group shall meet on an as- agencies to increase contracting with non- (3) data processing for nontraditional data needed basis. governmental entities; and and uses; (f) COORDINATION.—The committee shall co- (13) an inventory and description of any (4) advancing the use of remote sensing ordinate activities when appropriate, with— new Federal or federally funded programs technologies, for related issues, including (1) other Federal efforts, including the Dig- conducting shoreline delineation and ocean mapping and assessment of essential fish ital Coast, Geospatial One-Stop, and the Fed- or coastal mapping since the previous report- habitat and of coral resources, ocean obser- eral Geographic Data Committee; ing cycle. vations, and ocean exploration; and

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(5) providing graduate education and train- from the baseline of the United States deter- (1) ADMINISTRATOR.—The term ‘‘Adminis- ing in ocean and coastal mapping sciences mined in accordance with international law, trator’’ means the Under Secretary of Com- for members of the National Oceanic and At- as set forth in Presidential Proclamation merce for Oceans and Atmosphere in the mospheric Administration Commissioned Of- Number 5928, dated December 27, 1988. Under Secretary’s capacity as Administrator ficer Corps, personnel of other agencies with (7) NONGOVERNMENTAL ENTITIES.—The term of the National Oceanic and Atmospheric Ad- ocean and coastal mapping programs, and ci- ‘‘nongovernmental entities’’ includes non- ministration. vilian personnel. governmental organizations, members of the (2) COUNCIL.—The term ‘‘Council’’ means (d) NOAA REPORT.—The Administrator academic community, and private sector or- the National Ocean Research Leadership shall continue developing a strategy for ex- ganizations that provide products and serv- Council established by section 7902 of title panding contracting with non-governmental ices associated with measuring, locating, and 10, United States Code. entities to minimize duplication and take preparing maps, charts, surveys, aerial pho- (3) FEDERAL ASSETS.—The term ‘‘Federal maximum advantage of nongovernmental ca- tographs, satellite imagines, or other graph- assets’’ means all relevant non-classified ci- pabilities in fulfilling the Administration’s ical or digital presentations depicting nat- vilian coastal and ocean observations, tech- mapping and charting responsibilities. With- ural or manmade physical features, phe- nologies, and related modeling, research, in 120 days after the date of enactment of nomena, and legal boundaries of the Earth. data management, basic and applied tech- this Act, the Administrator shall transmit a (8) OUTER CONTINENTAL SHELF.—The term nology research and development, and public report describing the strategy developed ‘‘Outer Continental Shelf’’ means all sub- education and outreach programs, that are under this subsection to the Committee on merged lands lying seaward and outside of managed by member agencies of the Council. Commerce, Science, and Transportation of lands beneath navigable waters (as that term (4) INTERAGENCY OCEAN OBSERVATION COM- the Senate and the Committee on Natural is defined in section 2 of the Submerged MITTEE.—The term ‘‘Interagency Ocean Ob- Resources of the House of Representatives. Lands Act (43 U.S.C. 1301)), and of which the servation Committee’’ means the committee SEC. 12206. EFFECT ON OTHER LAWS. subsoil and seabed appertain to the United established under section 12304(c)(2). Nothing in this subtitle shall be construed States and are subject to its jurisdiction and (5) NON-FEDERAL ASSETS.—The term ‘‘non- to supersede or alter the existing authorities control. Federal assets’’ means all relevant coastal of any Federal agency with respect to ocean Subtitle C—Integrated Coastal and Ocean and ocean observation technologies, related and coastal mapping. Observation System Act of 2009 basic and applied technology research and SEC. 12207. AUTHORIZATION OF APPROPRIA- SEC. 12301. SHORT TITLE. development, and public education and out- TIONS. This subtitle may be cited as the ‘‘Inte- reach programs that are integrated into the (a) IN GENERAL.—In addition to the grated Coastal and Ocean Observation Sys- System and are managed through States, re- amounts authorized by section 306 of the Hy- tem Act of 2009’’. gional organizations, universities, non- drographic Services Improvement Act of 1998 SEC. 12302. PURPOSES. governmental organizations, or the private (33 U.S.C. 892d), there are authorized to be The purposes of this subtitle are to— sector. appropriated to the Administrator to carry (1) establish a national integrated System (6) REGIONAL INFORMATION COORDINATION out this subtitle— of ocean, coastal, and Great Lakes observing ENTITIES.— (1) $26,000,000 for fiscal year 2009; systems, comprised of Federal and non-Fed- (A) IN GENERAL.—The term ‘‘regional infor- (2) $32,000,000 for fiscal year 2010; eral components coordinated at the national mation coordination entity’’ means an orga- (3) $38,000,000 for fiscal year 2011; and level by the National Ocean Research Lead- nizational body that is certified or estab- (4) $45,000,000 for each of fiscal years 2012 ership Council and at the regional level by a lished by contract or memorandum by the through 2015. network of regional information coordina- lead Federal agency designated in section (b) JOINT OCEAN AND COASTAL MAPPING tion entities, and that includes in situ, re- 12304(c)(3) of this subtitle and coordinates CENTERS.—Of the amounts appropriated pur- mote, and other coastal and ocean observa- State, Federal, local, and private interests at suant to subsection (a), the following tion, technologies, and data management a regional level with the responsibility of en- amounts shall be used to carry out section and communication systems, and is designed gaging the private and public sectors in de- 12205(c) of this subtitle: to address regional and national needs for signing, operating, and improving regional (1) $11,000,000 for fiscal year 2009. ocean information, to gather specific data on coastal and ocean observing systems in order (2) $12,000,000 for fiscal year 2010. key coastal, ocean, and Great Lakes vari- to ensure the provision of data and informa- (3) $13,000,000 for fiscal year 2011. ables, and to ensure timely and sustained tion that meet the needs of user groups from (4) $15,000,000 for each of fiscal years 2012 dissemination and availability of these data the respective regions. through 2015. to— (B) CERTAIN INCLUDED ASSOCIATIONS.—The (c) COOPERATIVE AGREEMENTS.—To carry (A) support national defense, marine com- term ‘‘regional information coordination en- out interagency activities under section merce, navigation safety, weather, climate, tity’’ includes regional associations de- 12203 of this subtitle, the head of any depart- and marine forecasting, energy siting and scribed in the System Plan. ment or agency may execute a cooperative production, economic development, eco- (7) SECRETARY.—The term ‘‘Secretary’’ agreement with the Administrator, including system-based marine, coastal, and Great means the Secretary of Commerce, acting those authorized by section 5 of the Act of Lakes resource management, public safety, through the National Oceanic and Atmos- August 6, 1947 (33 U.S.C. 883e). and public outreach training and education; pheric Administration. SEC. 12208. DEFINITIONS. (B) promote greater public awareness and (8) SYSTEM.—The term ‘‘System’’ means In this subtitle: stewardship of the Nation’s ocean, coastal, the National Integrated Coastal and Ocean (1) ADMINISTRATOR.—The term ‘‘Adminis- and Great Lakes resources and the general Observation System established under sec- trator’ ’’ means the Administrator of the Na- public welfare; and tion 12304. tional Oceanic and Atmospheric Administra- (C) enable advances in scientific under- (9) SYSTEM PLAN.—The term ‘‘System tion. standing to support the sustainable use, con- Plan’’ means the plan contained in the docu- (2) COASTAL STATE.—The term ‘‘coastal servation, management, and understanding ment entitled ‘‘Ocean. US Publication No. 9, state’’ has the meaning given that term by of healthy ocean, coastal, and Great Lakes The First Integrated Ocean Observing Sys- section 304(4) of the Coastal Zone Manage- resources; tem (IOOS) Development Plan’’, as updated ment Act of 1972 (16 U.S.C. 1453(4). (2) improve the Nation’s capability to by the Council under this subtitle. (3) COMMITTEE.—The term ‘‘Committee’’ measure, track, explain, and predict events SEC. 12304. INTEGRATED COASTAL AND OCEAN means the Interagency Ocean and Coastal related directly and indirectly to weather OBSERVING SYSTEM. Mapping Committee established by section and climate change, natural climate varia- (a) ESTABLISHMENT.—The President, acting 12203. bility, and interactions between the oceanic through the Council, shall establish a Na- (4) EXCLUSIVE ECONOMIC ZONE.—The term and atmospheric environments, including tional Integrated Coastal and Ocean Obser- ‘‘exclusive economic zone’’ means the exclu- the Great Lakes; and vation System to fulfill the purposes set sive economic zone of the United States es- (3) authorize activities to promote basic forth in section 12302 of this subtitle and the tablished by Presidential Proclamation No. and applied research to develop, test, and de- System Plan and to fulfill the Nation’s inter- 5030, of March 10, 1983. ploy innovations and improvements in coast- national obligations to contribute to the (5) OCEAN AND COASTAL MAPPING.—The term al and ocean observation technologies, mod- Global Earth Observation System of Systems ‘‘ocean and coastal mapping’’ means the ac- eling systems, and other scientific and tech- and the Global Ocean Observing System. quisition, processing, and management of nological capabilities to improve our concep- (b) SYSTEM ELEMENTS.— physical, biological, geological, chemical, tual understanding of weather and climate, (1) IN GENERAL.—In order to fulfill the pur- and archaeological characteristics and ocean-atmosphere dynamics, global climate poses of this subtitle, the System shall be boundaries of ocean and coastal areas, re- change, physical, chemical, and biological national in scope and consist of— sources, and sea beds through the use of dynamics of the ocean, coastal and Great (A) Federal assets to fulfill national and acoustics, satellites, aerial photogrammetry, Lakes environments, and to conserve international observation missions and pri- light and imaging, direct sampling, and healthy and restore degraded coastal eco- orities; other mapping technologies. systems. (B) non-Federal assets, including a net- (6) TERRITORIAL SEA.—The term ‘‘terri- SEC. 12303. DEFINITIONS. work of regional information coordination torial sea’’ means the belt of sea measured In this subtitle: entities identified under subsection (c)(4), to

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Federal assets and non-Federal assets; members of the System and transmitted to (2) ENHANCING ADMINISTRATION AND MAN- (G) subject to the availability of appropria- the Interagency Ocean Observing Com- AGEMENT.—The head of each Federal agency tions, establish through one or more partici- mittee; that has administrative jurisdiction over a pating Federal agencies, in consultation (J) develop and be responsible for a data Federal asset shall support the purposes of with the System advisory committee estab- this subtitle and may take appropriate ac- lished under subsection (d), a competitive management and communication system, in tions to enhance internal agency administra- matching grant or other programs— accordance with standards and protocols es- tion and management to better support, in- (i) to promote intramural and extramural tablished by the Council, by which all data tegrate, finance, and utilize observation research and development of new, innova- collected by the System regarding ocean and data, products, and services developed under tive, and emerging observation technologies coastal waters of the United States including this section to further its own agency mis- including testing and field trials; and the Great Lakes, are processed, stored, inte- sion and responsibilities. (ii) to facilitate the migration of new, in- grated, and made available to all end-user (3) AVAILABILITY OF DATA.—The head of novative, and emerging scientific and tech- communities; each Federal agency that has administrative nological advances from research and devel- (K) implement a program of public edu- jurisdiction over a Federal asset shall make opment to operational deployment; cation and outreach to improve public available data that are produced by that (H) periodically review and recommend to awareness of global climate change and ef- asset and that are not otherwise restricted the Council, in consultation with the Admin- fects on the ocean, coastal, and Great Lakes for integration, management, and dissemina- istrator, revisions to the System Plan; environment; tion by the System. (I) ensure collaboration among Federal (L) report annually to the Interagency (4) NON-FEDERAL ASSETS.—Non-Federal as- agencies participating in the activities of Ocean Observing Committee on the accom- sets shall be coordinated, as appropriate, by the Committee; and plishments, operational needs, and perform- the Interagency Ocean Observing Committee (J) perform such additional duties as the ance of the System to contribute to the an- or by regional information coordination en- Council may delegate. nual and long-term plans developed pursuant tities. (3) LEAD FEDERAL AGENCY.—The National to subsection (c)(2)(A)(i); and (c) POLICY OVERSIGHT, ADMINISTRATION, Oceanic and Atmospheric Administration (M) develop a plan to efficiently integrate AND REGIONAL COORDINATION.— shall function as the lead Federal agency for into the System new, innovative, or emerg- (1) COUNCIL FUNCTIONS.—The Council shall the implementation and administration of ing technologies that have been dem- serve as the policy and coordination over- the System, in consultation with the Coun- onstrated to be useful to the System and sight body for all aspects of the System. In cil, the Interagency Ocean Observation Com- which will fulfill the purposes of this subtitle carrying out its responsibilities under this mittee, other Federal agencies that main- and the System Plan. subtitle, the Council shall— tain portions of the System, and the regional (4) REGIONAL INFORMATION COORDINATION (A) approve and adopt comprehensive Sys- information coordination entities, and ENTITIES.— tem budgets developed and maintained by shall— (A) IN GENERAL.—To be certified or estab- the Interagency Ocean Observation Com- (A) establish an Integrated Ocean Observ- lished under this subtitle, a regional infor- mittee to support System operations, includ- ing Program Office within the National Oce- mation coordination entity shall be certified ing operations of both Federal and non-Fed- anic and Atmospheric Administration uti- or established by contract or agreement by eral assets; lizing to the extent necessary, personnel the Administrator, and shall agree to meet (B) ensure coordination of the System with from member agencies participating on the the certification standards and compliance other domestic and international earth ob- Interagency Ocean Observation Committee, procedure guidelines issued by the Adminis- serving activities including the Global Ocean to oversee daily operations and coordination trator and information needs of user groups Observing System and the Global Earth Ob- of the System; in the region while adhering to national serving System of Systems, and provide, as (B) implement policies, protocols, and standards and shall— appropriate, support for and representation standards approved by the Council and dele- (i) demonstrate an organizational struc- on United States delegations to inter- gated by the Interagency Ocean Observing ture capable of gathering required System national meetings on coastal and ocean ob- Committee; observation data, supporting and integrating serving programs; and (C) promulgate program guidelines to cer- all aspects of coastal and ocean observing (C) encourage coordinated intramural and tify and integrate non-Federal assets, includ- and information programs within a region extramural research and technology develop- ing regional information coordination enti- and that reflects the needs of State and local ment, and a process to transition developing ties, into the System to provide regional governments, commercial interests, and technology and methods into operations of coastal and ocean observation data that other users and beneficiaries of the System the System. meet the needs of user groups from the re- and other requirements specified under this (2) INTERAGENCY OCEAN OBSERVATION COM- spective regions; subtitle and the System Plan; MITTEE.—The Council shall establish or des- (D) have the authority to enter into and (ii) identify gaps in observation coverage ignate an Interagency Ocean Observation oversee contracts, leases, grants or coopera- needs for capital improvements of Federal Committee which shall— tive agreements with non-Federal assets, in- assets and non-Federal assets of the System, (A) prepare annual and long-term plans for cluding regional information coordination or other recommendations to assist in the consideration and approval by the Council entities, to support the purposes of this sub- development of the annual and long-term for the integrated design, operation, mainte- title on such terms as the Administrator plans created pursuant to subsection nance, enhancement and expansion of the deems appropriate; (c)(2)(A)(i) and transmit such information to System to meet the objectives of this sub- (E) implement a merit-based, competitive the Interagency Ocean Observing Committee title and the System Plan; funding process to support non-Federal as- via the Program Office; (B) develop and transmit to Congress at sets, including the development and mainte- (iii) develop and operate under a strategic the time of submission of the President’s an- nance of a network of regional information operational plan that will ensure the effi- nual budget request an annual coordinated, coordination entities, and develop and imple- cient and effective administration of pro- comprehensive budget to operate all ele- ment a process for the periodic review and grams and assets to support daily data obser- ments of the System identified in subsection evaluation of all non-Federal assets, includ- vations for integration into the System, pur- (b), and to ensure continuity of data streams ing regional information coordination enti- suant to the standards approved by the from Federal and non-Federal assets; ties; Council;

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(iv) work cooperatively with governmental (E) EXPIRATION.—Section 14 of the Federal tries, scientists, resource managers, emer- and non-governmental entities at all levels Advisory Committee Act (5 U.S.C. App.) gency responders, policy makers, and edu- to identify and provide information products shall not apply to the System advisory com- cators); of the System for multiple users within the mittee. (7) recommendations concerning— service area of the regional information co- (e) CIVIL LIABILITY.—For purposes of deter- (A) modifications to the System; and ordination entities; and mining liability arising from the dissemina- (B) funding levels for the System in subse- (v) comply with all financial oversight re- tion and use of observation data gathered quent fiscal years; and quirements established by the Adminis- pursuant to this section, any non-Federal (8) the results of a periodic external inde- trator, including requirements relating to asset or regional information coordination pendent programmatic audit of the System. audits. entity incorporated into the System by con- SEC. 12308. PUBLIC-PRIVATE USE POLICY. (B) PARTICIPATION.—For the purposes of tract, lease, grant, or cooperative agreement The Council shall develop a policy within 6 this subtitle, employees of Federal agencies under subsection (c)(3)(D) that is partici- months after the date of the enactment of may participate in the functions of the re- pating in the System shall be considered to this Act that defines processes for making gional information coordination entities. be part of the National Oceanic and Atmos- decisions about the roles of the Federal Gov- (d) SYSTEM ADVISORY COMMITTEE.— pheric Administration. Any employee of ernment, the States, regional information (1) IN GENERAL.—The Administrator shall such a non-Federal asset or regional infor- coordination entities, the academic commu- establish or designate a System advisory mation coordination entity, while operating nity, and the private sector in providing to committee, which shall provide advice as within the scope of his or her employment in end-user communities environmental infor- may be requested by the Administrator or carrying out the purposes of this subtitle, mation, products, technologies, and services the Interagency Ocean Observing Com- with respect to tort liability, is deemed to be related to the System. The Council shall mittee. an employee of the Federal Government. publish the policy in the Federal Register for (2) PURPOSE.—The purpose of the System (f) LIMITATION.—Nothing in this subtitle public comment for a period not less than 60 advisory committee is to advise the Admin- shall be construed to invalidate existing cer- days. Nothing in this section shall be con- istrator and the Interagency Ocean Observ- tifications, contracts, or agreements be- strued to require changes in policy in effect ing Committee on— tween regional information coordination en- on the date of enactment of this Act. (A) administration, operation, manage- tities and other elements of the System. ment, and maintenance of the System, in- SEC. 12309. INDEPENDENT COST ESTIMATE. SEC. 12305. INTERAGENCY FINANCING AND Within 1 year after the date of enactment cluding integration of Federal and non-Fed- AGREEMENTS. eral assets and data management and com- of this Act, the Interagency Ocean Observa- (a) IN GENERAL.—To carry out interagency munication aspects of the System, and ful- tion Committee, through the Administrator activities under this subtitle, the Secretary and the Director of the National Science fillment of the purposes set forth in section of Commerce may execute cooperative agree- 12302; Foundation, shall obtain an independent cost ments, or any other agreements, with, and (B) expansion and periodic modernization estimate for operations and maintenance of receive and expend funds made available by, and upgrade of technology components of the existing Federal assets of the System, and any State or subdivision thereof, any Fed- System; planned or anticipated acquisition, oper- eral agency, or any public or private organi- (C) identification of end-user communities, ation, and maintenance of new Federal as- zation, or individual. their needs for information provided by the sets for the System, including operation fa- (b) RECIPROCITY.—Member Departments System, and the System’s effectiveness in cilities, observation equipment, modeling and agencies of the Council shall have the disseminating information to end-user com- and software, data management and commu- authority to create, support, and maintain munities and the general public; and nication, and other essential components. joint centers, and to enter into and perform (D) any other purpose identified by the Ad- The independent cost estimate shall be such contracts, leases, grants, and coopera- ministrator or the Interagency Ocean Ob- transmitted unabridged and without revision tive agreements as may be necessary to serving Committee. by the Administrator to Congress. carry out the purposes of this subtitle and (3) MEMBERS.— fulfillment of the System Plan. SEC. 12310. INTENT OF CONGRESS. (A) IN GENERAL.—The System advisory It is the intent of Congress that funding committee shall be composed of members ap- SEC. 12306. APPLICATION WITH OTHER LAWS. provided to agencies of the Council to imple- pointed by the Administrator. Members shall Nothing in this subtitle supersedes or lim- ment this subtitle shall supplement, and not be qualified by education, training, and expe- its the authority of any agency to carry out replace, existing sources of funding for other rience to evaluate scientific and technical its responsibilities and missions under other programs. It is the further intent of Congress information related to the design, operation, laws. that agencies of the Council shall not enter maintenance, or use of the System, or use of SEC. 12307. REPORT TO CONGRESS. into contracts or agreements for the develop- data products provided through the System. (a) REQUIREMENT.—Not later than 2 years ment or procurement of new Federal assets (B) TERMS OF SERVICE.—Members shall be after the date of the enactment of this Act for the System that are estimated to be in appointed for 3-year terms, renewable once. and every 2 years thereafter, the Adminis- excess of $250,000,000 in life-cycle costs with- A vacancy appointment shall be for the re- trator shall prepare and the President acting out first providing adequate notice to Con- mainder of the unexpired term of the va- through the Council shall approve and trans- gress and opportunity for review and com- cancy, and an individual so appointed may mit to the Congress a report on progress ment. subsequently be appointed for 2 full 3-year made in implementing this subtitle. SEC. 12311. AUTHORIZATION OF APPROPRIA- terms if the remainder of the unexpired term (b) CONTENTS.—The report shall include— TIONS. is less than 1 year. (1) a description of activities carried out There are authorized to be appropriated to (C) CHAIRPERSON.—The Administrator shall under this subtitle and the System Plan; the Secretary of Commerce for fiscal years designate a chairperson from among the (2) an evaluation of the effectiveness of the 2009 through 2013 such sums as are necessary members of the System advisory committee. System, including an evaluation of progress to fulfill the purposes of this subtitle and (D) APPOINTMENT.—Members of the System made by the Council to achieve the goals support activities identified in the annual advisory committee shall be appointed as identified under the System Plan; coordinated System budget developed by the special Government employees for purposes (3) identification of Federal and non-Fed- Interagency Ocean Observation Committee of section 202(a) of title 18, United States eral assets as determined by the Council that and submitted to the Congress. Code. have been integrated into the System, in- Subtitle D—Federal Ocean Acidification (4) ADMINISTRATIVE PROVISIONS.— cluding assets essential to the gathering of Research and Monitoring Act of 2009 (A) REPORTING.—The System advisory required observation data variables nec- committee shall report to the Administrator essary to meet the respective missions of SEC. 12401. SHORT TITLE. and the Interagency Ocean Observing Com- Council agencies; This subtitle may be cited as the ‘‘Federal mittee, as appropriate. (4) a review of procurements, planned or Ocean Acidification Research And Moni- (B) ADMINISTRATIVE SUPPORT.—The Admin- initiated, by each Council agency to en- toring Act of 2009’’ or the ‘‘FOARAM Act’’. istrator shall provide administrative support hance, expand, or modernize the observation SEC. 12402. PURPOSES. to the System advisory committee. capabilities and data products provided by (a) PURPOSES.—The purposes of this sub- (C) MEETINGS.—The System advisory com- the System, including data management and title are to provide for— mittee shall meet at least once each year, communication subsystems; (1) development and coordination of a com- and at other times at the call of the Admin- (5) an assessment regarding activities to prehensive interagency plan to— istrator, the Interagency Ocean Observing integrate Federal and non-Federal assets, (A) monitor and conduct research on the Committee, or the chairperson. nationally and on the regional level, and dis- processes and consequences of ocean acidifi- (D) COMPENSATION AND EXPENSES.—Mem- cussion of the performance and effectiveness cation on marine organisms and ecosystems; bers of the System advisory committee shall of regional information coordination entities and not be compensated for service on that Com- to coordinate regional observation oper- (B) establish an interagency research and mittee, but may be allowed travel expenses, ations; monitoring program on ocean acidification; including per diem in lieu of subsistence, in (6) a description of benefits of the program (2) establishment of an ocean acidification accordance with subchapter I of chapter 57 of to users of data products resulting from the program within the National Oceanic and title 5, United States Code. System (including the general public, indus- Atmospheric Administration;

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.060 S15JAPT1 jbell on PROD1PC69 with SENATE S552 CONGRESSIONAL RECORD — SENATE January 15, 2009 (3) assessment and consideration of re- activities, including the budget for each of (4) identify relevant programs and activi- gional and national ecosystem and socio- these activities; and ties of the Federal agencies that contribute economic impacts of increased ocean acidifi- (B) describes the progress in developing the to the interagency program directly and in- cation; and plan required under section 12405 of this sub- directly and set forth the role of each Fed- (4) research adaptation strategies and tech- title. eral agency in implementing the plan; niques for effectively conserving marine eco- (2) BIENNIAL REPORT.—Not later than 2 (5) consider and utilize, as appropriate, re- systems as they cope with increased ocean years after the delivery of the initial report ports and studies conducted by Federal agen- acidification. under paragraph (1) and every 2 years there- cies, the National Research Council, or other SEC. 12403. DEFINITIONS. after, the Subcommittee shall transmit a re- entities; In this subtitle: port to the Committee on Commerce, (6) make recommendations for the coordi- (1) OCEAN ACIDIFICATION.—The term ‘‘ocean Science, and Transportation of the Senate nation of the ocean acidification research acidification’’ means the decrease in pH of and the Committee on Science and Tech- and monitoring activities of the United the Earth’s oceans and changes in ocean nology and the Committee on Natural Re- States with such activities of other nations chemistry caused by chemical inputs from sources of the House of Representatives that and international organizations; the atmosphere, including carbon dioxide. includes— (7) outline budget requirements for Federal (2) SECRETARY.—The term ‘‘Secretary’’ (A) a summary of federally funded ocean ocean acidification research and monitoring means the Secretary of Commerce, acting acidification research and monitoring activi- and assessment activities to be conducted by through the Administrator of the National ties, including the budget for each of these each agency under the plan; Oceanic and Atmospheric Administration. activities; and (8) identify the monitoring systems and (3) SUBCOMMITTEE.—The term ‘‘Sub- (B) an analysis of the progress made to- sampling programs currently employed in committee’’ means the Joint Subcommittee ward achieving the goals and priorities for collecting data relevant to ocean acidifica- on Ocean Science and Technology of the Na- the interagency research plan developed by tion and prioritize additional monitoring tional Science and Technology Council. the Subcommittee under section 12405. systems that may be needed to ensure ade- SEC. 12404. INTERAGENCY SUBCOMMITTEE. (3) STRATEGIC RESEARCH PLAN.—Not later quate data collection and monitoring of (a) DESIGNATION.— than 2 years after the date of enactment of ocean acidification and its impacts; and (1) IN GENERAL.—The Joint Subcommittee this Act, the Subcommittee shall transmit (9) describe specific activities designed to on Ocean Science and Technology of the Na- the strategic research plan developed under facilitate outreach and data and information tional Science and Technology Council shall section 12405 to the Committee on Com- exchange with stakeholder communities. merce, Science, and Transportation of the coordinate Federal activities on ocean acidi- (c) PROGRAM ELEMENTS.—The plan shall in- fication and establish an interagency work- Senate and the Committee on Science and clude at a minimum the following program ing group. Technology and the Committee on Natural elements: Resources of the House of Representatives. A (2) MEMBERSHIP.—The interagency working (1) Monitoring of ocean chemistry and bio- group on ocean acidification shall be com- revised plan shall be submitted at least once logical impacts associated with ocean acidi- prised of senior representatives from the Na- every 5 years thereafter. fication at selected coastal and open-ocean tional Oceanic and Atmospheric Administra- SEC. 12405. STRATEGIC RESEARCH PLAN. monitoring stations, including satellite- tion, the National Science Foundation, the (a) IN GENERAL.—Not later than 2 years based monitoring to characterize— National Aeronautics and Space Administra- after the date of enactment of this Act, the (A) marine ecosystems; tion, the United States Geological Survey, Subcommittee shall develop a strategic plan (B) changes in marine productivity; and the United States Fish and Wildlife Service, for Federal research and monitoring on (C) changes in surface ocean chemistry. and such other Federal agencies as appro- ocean acidification that will provide for an (2) Research to understand the species spe- priate. assessment of the impacts of ocean acidifica- cific physiological responses of marine orga- (3) CHAIRMAN.—The interagency working tion on marine organisms and marine eco- nisms to ocean acidification, impacts on ma- group shall be chaired by the representative systems and the development of adaptation rine food webs of ocean acidification, and to from the National Oceanic and Atmospheric and mitigation strategies to conserve marine develop environmental and ecological indices Administration. organisms and marine ecosystems. In devel- that track marine ecosystem responses to (b) DUTIES.—The Subcommittee shall— oping the plan, the Subcommittee shall con- ocean acidification. (1) develop the strategic research and mon- sider and use information, reports, and stud- (3) Modeling to predict changes in the itoring plan to guide Federal research on ies of ocean acidification that have identi- ocean carbon cycle as a function of carbon ocean acidification required under section fied research and monitoring needed to bet- dioxide and atmosphere-induced changes in 12405 of this subtitle and oversee the imple- ter understand ocean acidification and its temperature, ocean circulation, biogeo- mentation of the plan; potential impacts, and recommendations chemistry, ecosystem and terrestrial input, (2) oversee the development of— made by the National Academy of Sciences and modeling to determine impacts on ma- (A) an assessment of the potential impacts in the review of the plan required under sub- rine ecosystems and individual marine orga- of ocean acidification on marine organisms section (d). nisms. and marine ecosystems; and (b) CONTENTS OF THE PLAN.—The plan (4) Technology development and standard- (B) adaptation and mitigation strategies to shall— ization of carbonate chemistry measure- conserve marine organisms and ecosystems (1) provide for interdisciplinary research ments on moorings and autonomous floats. exposed to ocean acidification; among the ocean sciences, and coordinated (5) Assessment of socioeconomic impacts of (3) facilitate communication and outreach research and activities to improve the under- ocean acidification and development of adap- opportunities with nongovernmental organi- standing of ocean chemistry that will affect tation and mitigation strategies to conserve zations and members of the stakeholder com- marine ecosystems; marine organisms and marine ecosystems. munity with interests in marine resources; (2) establish, for the 10-year period begin- (d) NATIONAL ACADEMY OF SCIENCES EVAL- (4) coordinate the United States Federal ning in the year the plan is submitted, the UATION.—The Secretary shall enter into an research and monitoring program with re- goals and priorities for Federal research and agreement with the National Academy of search and monitoring programs and sci- monitoring which will— entists from other nations; and (A) advance understanding of ocean acidifi- Sciences to review the plan. (5) establish or designate an Ocean Acidifi- cation and its physical, chemical, and bio- (e) PUBLIC PARTICIPATION.—In developing cation Information Exchange to make infor- logical impacts on marine organisms and the plan, the Subcommittee shall consult mation on ocean acidification developed marine ecosystems; with representatives of academic, State, in- through or utilized by the interagency ocean (B) improve the ability to assess the socio- dustry and environmental groups. Not later acidification program accessible through economic impacts of ocean acidification; and than 90 days before the plan, or any revision electronic means, including information (C) provide information for the develop- thereof, is submitted to the Congress, the which would be useful to policymakers, re- ment of adaptation and mitigation strategies plan shall be published in the Federal Reg- searchers, and other stakeholders in miti- to conserve marine organisms and marine ister for a public comment period of not less gating or adapting to the impacts of ocean ecosystems; than 60 days. acidification. (3) describe specific activities, including— SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVI- (c) REPORTS TO CONGRESS.— (A) efforts to determine user needs; TIES. (1) INITIAL REPORT.—Not later than 1 year (B) research activities; after the date of enactment of this Act, the (C) monitoring activities; (a) IN GENERAL.—The Secretary shall es- Subcommittee shall transmit a report to the (D) technology and methods development; tablish and maintain an ocean acidification Committee on Commerce, Science, and (E) data collection; program within the National Oceanic and Transportation of the Senate and the Com- (F) database development; Atmospheric Administration to conduct re- mittee on Science and Technology and the (G) modeling activities; search, monitoring, and other activities con- Committee on Natural Resources of the (H) assessment of ocean acidification im- sistent with the strategic research and im- House of Representatives that— pacts; and plementation plan developed by the Sub- (A) includes a summary of federally funded (I) participation in international research committee under section 12405 that— ocean acidification research and monitoring efforts; (1) includes—

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00152 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.060 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S553 (A) interdisciplinary research among the search and monitoring activities on ocean program, any National Estuarine Research ocean and atmospheric sciences, and coordi- acidification are carried out in a manner Reserve in that State, and the lead agency nated research and activities to improve un- consistent with the strategic research plan designated by the Governor for coordinating derstanding of ocean acidification; developed by the Subcommittee under sec- the implementation of this section (if dif- (B) the establishment of a long-term moni- tion 12405. ferent from the coastal zone management toring program of ocean acidification uti- (c) COORDINATION.—The Administrator program). lizing existing global and national ocean ob- shall encourage coordination of the Agency’s ‘‘(2) Each participating coastal state, after serving assets, and adding instrumentation ocean acidification activities with such ac- consultation with local governmental enti- and sampling stations as appropriate to the tivities of other nations and international ties and other interested stakeholders, shall aims of the research program; organizations. identify priority conservation needs within (C) research to identify and develop adap- SEC. 12409. AUTHORIZATION OF APPROPRIA- the State, the values to be protected by in- tation strategies and techniques for effec- TIONS. clusion of lands in the program, and the tively conserving marine ecosystems as they (a) NOAA.—There are authorized to be ap- threats to those values that should be avoid- cope with increased ocean acidification; propriated to the National Oceanic and At- ed. (D) as an integral part of the research pro- mospheric Administration to carry out the ‘‘(3) Each participating coastal state shall grams described in this subtitle, educational purposes of this subtitle— to the extent practicable ensure that the ac- opportunities that encourage an inter- (1) $8,000,000 for fiscal year 2009; quisition of property or easements shall disciplinary and international approach to (2) $12,000,000 for fiscal year 2010; complement working waterfront needs. exploring the impacts of ocean acidification; (3) $15,000,000 for fiscal year 2011; and ‘‘(4) The applicant shall identify the values (E) as an integral part of the research pro- (4) $20,000,000 for fiscal year 2012. to be protected by inclusion of the lands in grams described in this subtitle, national (b) NSF.—There are authorized to be ap- the program, management activities that are public outreach activities to improve the un- propriated to the National Science Founda- planned and the manner in which they may derstanding of current scientific knowledge tion to carry out the purposes of this sub- affect the values identified, and any other in- of ocean acidification and its impacts on ma- title— formation from the landowner relevant to rine resources; and (1) $6,000,000 for fiscal year 2009; administration and management of the land. (F) coordination of ocean acidification (2) $8,000,000 for fiscal year 2010; ‘‘(5) Awards shall be based on dem- monitoring and impacts research with other (3) $12,000,000 for fiscal year 2011; and onstrated need for protection and ability to appropriate international ocean science bod- (4) $15,000,000 for fiscal year 2012. successfully leverage funds among partici- ies such as the International Oceanographic Subtitle E—Coastal and Estuarine Land pating entities, including Federal programs, Commission, the International Council for Conservation Program regional organizations, State and other gov- the Exploration of the Sea, the North Pacific ernmental units, landowners, corporations, SEC. 12501. SHORT TITLE. or private organizations. Marine Science Organization, and others; This Act may be cited as the ‘‘Coastal and (2) provides grants for critical research ‘‘(6) The governor, or the lead agency des- Estuarine Land Conservation Program Act’’. ignated by the governor for coordinating the projects that explore the effects of ocean SEC. 12502. AUTHORIZATION OF COASTAL AND acidification on ecosystems and the socio- implementation of this section, where appro- ESTUARINE LAND CONSERVATION priate in consultation with the appropriate economic impacts of increased ocean acidifi- PROGRAM. local government, shall determine that the cation that are relevant to the goals and pri- The Coastal Zone Management Act of 1972 application is consistent with the State’s or orities of the strategic research plan; and (16 U.S.C. 1451 et seq.) is amended by insert- territory’s approved coastal zone plan, pro- (3) incorporates a competitive merit-based ing after section 307 the following new sec- gram, and policies prior to submittal to the process for awarding grants that may be con- tion: Secretary. ducted jointly with other participating agen- ‘‘AUTHORIZATION OF THE COASTAL AND ‘‘(7)(A) Priority shall be given to lands de- cies or under the National Oceanographic ESTUARINE LAND CONSERVATION PROGRAM scribed in subsection (a) that can be effec- Partnership Program under section 7901 of ‘‘SEC. 307A. (a) IN GENERAL.—The Sec- tively managed and protected and that have title 10, United States Code. retary may conduct a Coastal and Estuarine significant ecological value. (b) ADDITIONAL AUTHORITY.—In conducting Land Conservation Program, in cooperation ‘‘(B) Of the projects that meet the standard the Program, the Secretary may enter into with appropriate State, regional, and other in subparagraph (A), priority shall be given and perform such contracts, leases, grants, units of government, for the purposes of pro- to lands that— or cooperative agreements as may be nec- tecting important coastal and estuarine ‘‘(i) are under an imminent threat of con- essary to carry out the purposes of this sub- version to a use that will degrade or other- title on such terms as the Secretary con- areas that have significant conservation, wise diminish their natural, undeveloped, or siders appropriate. recreation, ecological, historical, or aes- thetic values, or that are threatened by con- recreational state; and SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVI- TIES. version from their natural, undeveloped, or ‘‘(ii) serve to mitigate the adverse impacts caused by coastal population growth in the (a) RESEARCH ACTIVITIES.—The Director of recreational state to other uses or could be the National Science Foundation shall con- managed or restored to effectively conserve, coastal environment. tinue to carry out research activities on enhance, or restore ecological function. The ‘‘(8) In developing guidelines under this ocean acidification which shall support com- program shall be administered by the Na- section, the Secretary shall consult with petitive, merit-based, peer-reviewed pro- tional Ocean Service of the National Oceanic coastal states, other Federal agencies, and posals for research and monitoring of ocean and Atmospheric Administration through other interested stakeholders with expertise acidification and its impacts, including— the Office of Ocean and Coastal Resource in land acquisition and conservation proce- (1) impacts on marine organisms and ma- Management. dures. rine ecosystems; ‘‘(b) PROPERTY ACQUISITION GRANTS.—The ‘‘(9) Eligible coastal states or National Es- (2) impacts on ocean, coastal, and estua- Secretary shall make grants under the pro- tuarine Research Reserves may allocate rine biogeochemistry; and gram to coastal states with approved coastal grants to local governments or agencies eli- (3) the development of methodologies and zone management plans or National Estua- gible for assistance under section 306A(e). technologies to evaluate ocean acidification rine Research Reserve units for the purpose ‘‘(10) The Secretary shall develop perform- and its impacts. of acquiring property or interests in prop- ance measures that the Secretary shall use (b) CONSISTENCY.—The research activities erty described in subsection (a) that will fur- to evaluate and report on the program’s ef- shall be consistent with the strategic re- ther the goals of— fectiveness in accomplishing its purposes, search plan developed by the Subcommittee ‘‘(1) a Coastal Zone Management Plan or and shall submit such evaluations to Con- under section 12405. Program approved under this title; gress triennially. (c) COORDINATION.—The Director shall en- ‘‘(2) a National Estuarine Research Reserve ‘‘(d) LIMITATIONS AND PRIVATE PROPERTY courage coordination of the Foundation’s management plan; PROTECTIONS.— ocean acidification activities with such ac- ‘‘(3) a regional or State watershed protec- ‘‘(1) A grant awarded under this section tivities of other nations and international tion or management plan involving coastal may be used to purchase land or an interest organizations. states with approved coastal zone manage- in land, including an easement, only from a SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVI- ment programs; or willing seller. Any such purchase shall not TIES. ‘‘(4) a State coastal land acquisition plan be the result of a forced taking under this (a) OCEAN ACIDIFICATION ACTIVITIES.—The that is consistent with an approved coastal section. Nothing in this section requires a Administrator of the National Aeronautics zone management program. private property owner to participate in the and Space Administration, in coordination ‘‘(c) GRANT PROCESS.—The Secretary shall program under this section. with other relevant agencies, shall ensure allocate funds to coastal states or National ‘‘(2) Any interest in land, including any that space-based monitoring assets are used Estuarine Research Reserves under this sec- easement, acquired with a grant under this in as productive a manner as possible for tion through a competitive grant process in section shall not be considered to create any monitoring of ocean acidification and its im- accordance with guidelines that meet the new liability, or have any effect on liability pacts. following requirements: under any other law, of any private property (b) PROGRAM CONSISTENCY.—The Adminis- ‘‘(1) The Secretary shall consult with the owner with respect to any person injured on trator shall ensure that the Agency’s re- coastal state’s coastal zone management the private property.

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.061 S15JAPT1 jbell on PROD1PC69 with SENATE S554 CONGRESSIONAL RECORD — SENATE January 15, 2009 ‘‘(3) Nothing in this section requires a pri- tion for fiscal year 2009 and triennially in that section in accordance with sub- vate property owner to provide access (in- thereafter. sections (a) and (b). cluding Federal, State, or local government ‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED ‘‘(d) MANAGEMENT OF LAND AND PRO- access) to or use of private property unless PROPERTY.—If any property is acquired in CEEDS.—Notwithstanding sections 14 and 16, such property or an interest in such property whole or in part with funds made available the State of North Dakota shall manage the (including a conservation easement) has through a grant under this section, the grant land granted under that section, including been purchased with funds made available recipient shall provide— any proceeds from the land, and make dis- under this section. ‘‘(1) such assurances as the Secretary may tributions in accordance with subsections (a) ‘‘(e) RECOGNITION OF AUTHORITY TO CON- require that— and (b).’’. TROL LAND USE.—Nothing in this title modi- ‘‘(A) the title to the property will be held (b) MANAGEMENT AND DISTRIBUTION OF MOR- fies the authority of Federal, State, or local by the grant recipient or another appro- RILL ACT GRANTS.—The Act of July 2, 1862 governments to regulate land use. priate public agency designated by the re- (commonly known as the ‘‘First Morrill ‘‘(f) MATCHING REQUIREMENTS.— cipient in perpetuity; Act’’) (7 U.S.C. 301 et seq.), is amended by ‘‘(1) IN GENERAL.—The Secretary may not ‘‘(B) the property will be managed in a adding at the end the following: make a grant under the program unless the manner that is consistent with the purposes ‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH Federal funds are matched by non-Federal for which the land entered into the program DAKOTA. funds in accordance with this subsection. and shall not convert such property to other ‘‘(a) EXPENSES.—Notwithstanding section ‘‘(2) COST SHARE REQUIREMENT.— uses; and 3, the State of North Dakota shall manage ‘‘(A) IN GENERAL.—Grant funds under the ‘‘(C) if the property or interest in land is the land granted to the State under the first program shall require a 100 percent match sold, exchanged, or divested, funds equal to section, including any proceeds from the from other non-Federal sources. the current value will be returned to the land, in accordance with this section. ‘‘(B) WAIVER OF REQUIREMENT.—The Sec- Secretary in accordance with applicable Fed- ‘‘(b) DISPOSITION OF PROCEEDS.—Notwith- retary may grant a waiver of subparagraph eral law for redistribution in the grant proc- standing section 4, the State of North Da- (A) for underserved communities, commu- ess; and kota shall, with respect to any trust fund in nities that have an inability to draw on ‘‘(2) certification that the property (includ- which proceeds from the sale of land under other sources of funding because of the small ing any interest in land) will be acquired this Act are deposited (referred to in this population or low income of the community, from a willing seller. section as the ‘trust fund’)— or for other reasons the Secretary deems ap- ‘‘(j) REQUIREMENT FOR PROPERTY USED FOR ‘‘(1) deposit all revenues earned by a trust propriate and consistent with the purposes of NON-FEDERAL MATCH.—If the grant recipient fund into the trust fund; the program. elects to use any land or interest in land ‘‘(2) deduct the costs of administering a ‘‘(3) OTHER FEDERAL FUNDS.—Where finan- held by a non-governmental organization as trust fund from each trust fund; and cial assistance awarded under this section a non-Federal match under subsection (g), ‘‘(3) manage each trust fund to— represents only a portion of the total cost of the grant recipient must to the Secretary’s ‘‘(A) preserve the purchasing power of the a project, funding from other Federal sources satisfaction demonstrate in the grant appli- trust fund; and may be applied to the cost of the project. cation that such land or interest will satisfy ‘‘(B) maintain stable distributions to trust Each portion shall be subject to match re- the same requirements as the lands or inter- fund beneficiaries. quirements under the applicable provision of ests in lands acquired under the program. ‘‘(c) DISTRIBUTIONS.—Notwithstanding sec- law. ‘‘(k) DEFINITIONS.—In this section: tion 4, any distributions from trust funds in ‘‘(4) SOURCE OF MATCHING COST SHARE.—For ‘‘(1) CONSERVATION EASEMENT.—The term the State of North Dakota shall be made in purposes of paragraph (2)(A), the non-Federal ‘conservation easement’ includes an ease- accordance with section 2 of article IX of the cost share for a project may be determined ment or restriction, recorded deed, or a re- Constitution of the State of North Dakota. by taking into account the following: serve interest deed where the grantee ac- ‘‘(d) MANAGEMENT.—Notwithstanding sec- ‘‘(A) The value of land or a conservation quires all rights, title, and interest in a prop- tion 5, the State of North Dakota shall man- easement may be used by a project applicant erty, that do not conflict with the goals of age the land granted under the first section, as non-Federal match, if the Secretary deter- this section except those rights, title, and in- including any proceeds from the land, in ac- mines that— terests that may run with the land that are cordance with this section.’’. ‘‘(i) the land meets the criteria set forth in expressly reserved by a grantor and are (c) CONSENT OF CONGRESS.—Effective July section 2(b) and is acquired in the period be- agreed to at the time of purchase. 1, 2009, Congress consents to the amendments to the Constitution of North Dakota pro- ginning 3 years before the date of the sub- ‘‘(2) INTEREST IN PROPERTY.—The term ‘in- mission of the grant application and ending terest in property’ includes a conservation posed by House Concurrent Resolution No. 3 years after the date of the award of the easement. 3037 of the 59th Legislature of the State of grant; ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— North Dakota entitled ‘‘A concurrent resolu- ‘‘(ii) the value of the land or easement is There are authorized to be appropriated to tion for the amendment of sections 1 and 2 of held by a non-governmental organization in- the Secretary to carry out this section article IX of the Constitution of North Da- cluded in the grant application in perpetuity $60,000,000 for each of fiscal years 2009 kota, relating to distributions from and the for conservation purposes of the program; through 2013.’’. management of the common schools trust fund and the trust funds of other educational and TITLE XIII—MISCELLANEOUS ‘‘(iii) the land or easement is connected ei- or charitable institutions; and to provide a SEC. 13001. MANAGEMENT AND DISTRIBUTION OF contingent effective date’’ and approved by ther physically or through a conservation NORTH DAKOTA TRUST FUNDS. planning process to the land or easement the voters of the State of North Dakota on (a) NORTH DAKOTA TRUST FUNDS.—The Act November 7, 2006. that would be acquired. of February 22, 1889 (25 Stat. 676, chapter ‘‘(B) The appraised value of the land or SEC. 13002. AMENDMENTS TO THE FISHERIES 180), is amended by adding at the end the fol- RESTORATION AND IRRIGATION conservation easement at the time of the lowing: grant closing will be considered and applied MITIGATION ACT OF 2000. as the non-Federal cost share. ‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS. (a) PRIORITY PROJECTS.—Section 3(c)(3) of ‘‘(C) Costs associated with land acquisi- ‘‘(a) DISPOSITION.—Notwithstanding sec- the Fisheries Restoration and Irrigation tion, land management planning, remedi- tion 11, the State of North Dakota shall, Mitigation Act of 2000 (16 U.S.C. 777 note; ation, restoration, and enhancement may be with respect to any trust fund in which pro- Public Law 106–502) is amended by striking used as non-Federal match if the activities ceeds from the sale of public land are depos- ‘‘$5,000,000’’ and inserting ‘‘$2,500,000’’. (b) COST SHARING.—Section 7(c) of Fish- are identified in the plan and expenses are ited under this Act (referred to in this sec- eries Restoration and Irrigation Mitigation incurred within the period of the grant tion as the ‘trust fund’)— Act of 2000 (16 U.S.C. 777 note; Public Law award, or, for lands described in (A), within ‘‘(1) deposit all revenues earned by a trust 106–502) is amended— the same time limits described therein. fund into the trust fund; (1) by striking ‘‘The value’’ and inserting These costs may include either cash or in- ‘‘(2) deduct the costs of administering a the following: kind contributions. trust fund from each trust fund; and ‘‘(1) IN GENERAL.—The value’’; and ‘‘(g) RESERVATION OF FUNDS FOR NATIONAL ‘‘(3) manage each trust fund to— ESTUARINE RESEARCH RESERVE SITES.—No ‘‘(A) preserve the purchasing power of the (2) by adding at the end the following: less than 15 percent of funds made available trust fund; and ‘‘(2) BONNEVILLE POWER ADMINISTRATION.— under this section shall be available for ac- ‘‘(B) maintain stable distributions to trust ‘‘(A) IN GENERAL.—The Secretary may, quisitions benefitting National Estuarine fund beneficiaries. without further appropriation and without Research Reserves. ‘‘(b) DISTRIBUTIONS.—Notwithstanding sec- fiscal year limitation, accept any amounts ‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No tion 11, any distributions from trust funds in provided to the Secretary by the Adminis- more than 5 percent of the funds made avail- the State of North Dakota shall be made in trator of the Bonneville Power Administra- able to the Secretary under this section shall accordance with section 2 of article IX of the tion. be used by the Secretary for planning or ad- Constitution of the State of North Dakota. ‘‘(B) NON-FEDERAL SHARE.—Any amounts ministration of the program. The Secretary ‘‘(c) MANAGEMENT OF PROCEEDS.—Notwith- provided by the Bonneville Power Adminis- shall provide a report to Congress with an standing section 13, the State of North Da- tration directly or through a grant to an- account of all expenditures under this sec- kota shall manage the proceeds referred to other entity for a project carried under the

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.061 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S555 Program shall be credited toward the non- ‘‘(C) the National Environmental Policy to operate and maintain the utilities on the Federal share of the costs of the project.’’. Act of 1969 (42 U.S.C. 4321 et seq.); parcel. (c) REPORT.—Section 9 of the Fisheries ‘‘(D) the National Historic Preservation (5) RESTRICTIONS ON USE.— Restoration and Irrigation Mitigation Act of Act (16 U.S.C. 470 et seq.); and (A) AUTHORIZED USES.—The Institute shall 2000 (16 U.S.C. 777 note; Public Law 106–502) is ‘‘(E) the Alaska National Interest Lands allow only research, scientific, or edu- amended— Conservation Act (16 U.S.C. 3101 et seq.).’’. cational uses of the parcel conveyed under (1) by inserting ‘‘any’’ before ‘‘amounts are SEC. 13004. ADDITIONAL ASSISTANT SECRETARY paragraph (1). made’’; and FOR DEPARTMENT OF ENERGY. (B) REVERSION.— (2) by inserting after ‘‘Secretary shall’’ the (a) IN GENERAL.—Section 203(a) of the De- (i) IN GENERAL.—If, at any time, the Sec- following: ‘‘, after partnering with local gov- partment of Energy Organization Act (42 retary of Energy, in consultation with the ernmental entities and the States in the Pa- U.S.C. 7133(a)) is amended in the first sen- Secretary of the Air Force, determines, in cific Ocean drainage area,’’. tence by striking ‘‘7 Assistant Secretaries’’ accordance with clause (ii), that the parcel (d) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘8 Assistant Secretaries’’. conveyed under paragraph (1) is not being (b) CONFORMING AMENDMENT.—Section 5315 Section 10 of the Fisheries Restoration and used for a purpose described in subparagraph of title 5, United States Code, is amended by Irrigation Mitigation Act of 2000 (16 U.S.C. striking ‘‘Assistant Secretaries of Energy (A)— 777 note; Public Law 106–502) is amended— (7)’’ and inserting ‘‘Assistant Secretaries of (I) all right, title, and interest in and to (1) in subsection (a), by striking ‘‘2001 Energy (8)’’. the entire parcel, or any portion of the par- through 2005’’ and inserting ‘‘ 2009 through cel not being used for the purposes, shall re- 2015’’; and SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTITUTE. vert, at the option of the Secretary, to the (2) in subsection (b), by striking paragraph (a) DEFINITIONS.—In this section: United States; and (2) and inserting the following: (1) INSTITUTE.—The term ‘‘Institute’’ (II) the United States shall have the right ‘‘(2) ADMINISTRATIVE EXPENSES.— means the Lovelace Respiratory Research of immediate entry onto the parcel. ‘‘(A) DEFINITION OF ADMINISTRATIVE EX- Institute, a nonprofit organization chartered (ii) REQUIREMENTS FOR DETERMINATION.— PENSE.—In this paragraph, the term ‘admin- under the laws of the State of New Mexico. Any determination of the Secretary under istrative expense’ means, except as provided (2) MAP.—The term ‘‘map’’ means the map clause (i) shall be made on the record and in subparagraph (B)(iii)(II), any expenditure entitled ‘‘Lovelace Respiratory Research In- after an opportunity for a hearing. relating to— stitute Land Conveyance’’ and dated March (6) COSTS.— ‘‘(i) staffing and overhead, such as the 18, 2008. (A) IN GENERAL.—The Secretary of Energy rental of office space and the acquisition of (3) SECRETARY CONCERNED.—The term ‘‘Sec- shall require the Institute to pay, or reim- office equipment; and retary concerned’’ means— burse the Secretary concerned, for any costs ‘‘(ii) the review, processing, and provision (A) the Secretary of Energy, with respect incurred by the Secretary concerned in car- of applications for funding under the Pro- to matters concerning the Department of rying out the conveyance under paragraph gram. Energy; (1), including any survey costs related to the ‘‘(B) LIMITATION.— (B) the Secretary of the Interior, with re- conveyance. ‘‘(i) IN GENERAL.—Not more than 6 percent spect to matters concerning the Department (B) REFUND.—If the Secretary concerned of amounts made available to carry out this of the Interior; and collects amounts under subparagraph (A) Act for each fiscal year may be used for Fed- (C) the Secretary of the Air Force, with re- from the Institute before the Secretary con- eral and State administrative expenses of spect to matters concerning the Department cerned incurs the actual costs, and the carrying out this Act. of the Air Force. amount collected exceeds the actual costs ‘‘(ii) FEDERAL AND STATE SHARES.—To the (4) SECRETARY OF ENERGY.—The term ‘‘Sec- incurred by the Secretary concerned to carry maximum extent practicable, of the amounts retary of Energy’’ means the Secretary of out the conveyance, the Secretary concerned made available for administrative expenses Energy, acting through the Administrator shall refund to the Institute an amount under clause (i)— for the National Nuclear Security Adminis- equal to difference between— ‘‘(I) 50 percent shall be provided to the tration. (i) the amount collected by the Secretary State agencies provided assistance under the (b) CONVEYANCE OF LAND.— concerned; and Program; and (1) IN GENERAL.—Notwithstanding section (ii) the actual costs incurred by the Sec- ‘‘(II) an amount equal to the cost of 1 full- 120(h) of the Comprehensive Environmental retary concerned. time equivalent Federal employee, as deter- Response, Compensation, and Liability Act (C) DEPOSIT IN FUND.— mined by the Secretary, shall be provided to of 1980 (42 U.S.C. 9620(h)) and subject to valid (i) IN GENERAL.—Amounts received by the the Federal agency carrying out the Pro- existing rights and this section, the Sec- United States under this paragraph as a re- gram. retary of Energy, in consultation with the imbursement or recovery of costs incurred ‘‘(iii) STATE EXPENSES.—Amounts made Secretary of the Interior and the Secretary by the Secretary concerned to carry out the available to States for administrative ex- of the Air Force, may convey to the Insti- conveyance under paragraph (1) shall be de- penses under clause (i)— tute, on behalf of the United States, all posited in the fund or account that was used ‘‘(I) shall be divided evenly among all right, title, and interest of the United States to cover the costs incurred by the Secretary States provided assistance under the Pro- in and to the parcel of land described in concerned in carrying out the conveyance. gram; and paragraph (2) for research, scientific, or edu- (ii) USE.—Any amounts deposited under ‘‘(II) may be used by a State to provide cational use. clause (i) shall be available for the same pur- technical assistance relating to the program, (2) DESCRIPTION OF LAND.—The parcel of poses, and subject to the same conditions including any staffing expenditures (includ- land referred to in paragraph (1)— and limitations, as any other amounts in the ing staff travel expenses) associated with— (A) is the approximately 135 acres of land fund or account. ‘‘(aa) arranging meetings to promote the identified as ‘‘Parcel A’’ on the map; (7) CONTAMINATED LAND.—In consideration Program to potential applicants; (B) includes any improvements to the land for the conveyance of the parcel under para- ‘‘(bb) assisting applicants with the prepa- described in subparagraph (A); and graph (1), the Institute shall— ration of applications for funding under the (C) excludes any portion of the utility sys- (A) take fee title to the parcel and any im- Program; and tem and infrastructure reserved by the Sec- provements to the parcel, as contaminated; ‘‘(cc) visiting construction sites to provide retary of the Air Force under paragraph (4). (B) be responsible for undertaking and technical assistance, if requested by the ap- (3) OTHER FEDERAL AGENCIES.—The Sec- completing all environmental remediation plicant.’’. retary of the Interior and the Secretary of required at, in, under, from, or on the parcel SEC. 13003. AMENDMENTS TO THE ALASKA NAT- the Air Force shall complete any real prop- for all environmental conditions relating to URAL GAS PIPELINE ACT. erty actions, including the revocation of any or arising from the release or threat of re- Section 107(a) of the Alaska Natural Gas Federal withdrawals of the parcel conveyed lease of waste material, substances, or con- Pipeline Act (15 U.S.C. 720e(a)) is amended by under paragraph (1) and the parcel described stituents, in the same manner and to the striking paragraph (3) and inserting the fol- in subsection (c)(1), that are necessary to same extent as required by law applicable to lowing: allow the Secretary of Energy to— privately owned facilities, regardless of the ‘‘(3) the validity of any determination, per- (A) convey the parcel under paragraph (1); date of the contamination or the responsible mit, approval, authorization, review, or or party; other related action taken under any provi- (B) transfer administrative jurisdiction (C) indemnify the United States for— sion of law relating to a gas transportation under subsection (c). (i) any environmental remediation or re- project constructed and operated in accord- (4) RESERVATION OF UTILITY INFRASTRUC- sponse costs the United States reasonably ance with section 103, including— TURE AND ACCESS.—The Secretary of the Air incurs if the Institute fails to remediate the ‘‘(A) subchapter II of chapter 5, and chap- Force may retain ownership and control of— parcel; or ter 7, of title 5, United States Code (com- (A) any portions of the utility system and (ii) contamination at, in, under, from, or monly known as the ‘Administrative Proce- infrastructure located on the parcel con- on the land, for all environmental conditions dure Act’); veyed under paragraph (1); and relating to or arising from the release or ‘‘(B) the Endangered Species Act of 1973 (16 (B) any rights of access determined to be threat of release of waste material, sub- U.S.C. 1531 et seq.); necessary by the Secretary of the Air Force stances, or constituents;

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00155 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.061 S15JAPT1 jbell on PROD1PC69 with SENATE S556 CONGRESSIONAL RECORD — SENATE January 15, 2009 (D) indemnify, defend, and hold harmless TITLE XIV—CHRISTOPHER AND DANA disorders, or stroke, or any combination of the United States from any damages, costs, REEVE PARALYSIS ACT such conditions. expenses, liabilities, fines, penalties, claim, SEC. 14001. SHORT TITLE. (b) RESEARCH.—A multicenter network of or demand for loss, including claims for This title may be cited as the ‘‘Christopher clinical sites funded through this section property damage, personal injury, or death and Dana Reeve Paralysis Act’’. may— resulting from releases, discharges, emis- (1) focus on areas of key scientific concern, Subtitle A—Paralysis Research sions, spills, storage, disposal, or any other including— acts or omissions by the Institute and any SEC. 14101. ACTIVITIES OF THE NATIONAL INSTI- (A) improving functional mobility; officers, agents, employees, contractors, sub- TUTES OF HEALTH WITH RESPECT (B) promoting behavioral adaptation to TO RESEARCH ON PARALYSIS. lessees, licensees, successors, assigns, or functional losses, especially to prevent sec- (a) COORDINATION.—The Director of the Na- invitees of the Institute arising from activi- tional Institutes of Health (referred to in ondary complications; ties conducted, on or after October 1, 1996, on (C) assessing the efficacy and outcomes of the parcel conveyed under paragraph (1); and this title as the ‘‘Director’’), pursuant to the general authority of the Director, may de- medical rehabilitation therapies and prac- (E) reimburse the United States for all tices and assisting technologies; legal and attorney fees, costs, and expenses velop mechanisms to coordinate the paral- ysis research and rehabilitation activities of (D) developing improved assistive tech- incurred in association with the defense of nology to improve function and independ- any claims described in subparagraph (D). the Institutes and Centers of the National Institutes of Health in order to further ad- ence; and (8) CONTINGENT ENVIRONMENTAL RESPONSE (E) understanding whole body system re- OBLIGATIONS.—If the Institute does not un- vance such activities and avoid duplication of activities. sponses to physical impairments, disabil- dertake or complete environmental remedi- ities, and societal and functional limita- (b) CHRISTOPHER AND DANA REEVE PARAL- ation as required by paragraph (7) and the tions; and YSIS RESEARCH CONSORTIA.— United States is required to assume the re- (2) replicate the findings of network mem- (1) IN GENERAL.—The Director may make sponsibilities of the remediation, the Sec- bers or other researchers for scientific and retary of Energy shall be responsible for con- awards of grants to public or private entities to pay all or part of the cost of planning, es- translation purposes. ducting any necessary environmental reme- (c) COORDINATION OF CLINICAL TRIALS NET- diation or response actions with respect to tablishing, improving, and providing basic operating support for consortia in paralysis WORKS; REPORTS.—The Director may, as ap- the parcel conveyed under paragraph (1). propriate, provide for the coordination of in- (9) NO ADDITIONAL COMPENSATION.—Except research. The Director shall designate each consortium funded through such grants as a formation among networks funded through as otherwise provided in this section, no ad- this section and ensure regular communica- ditional consideration shall be required for Christopher and Dana Reeve Paralysis Re- search Consortium. tion among members of the networks, and conveyance of the parcel to the Institute may require the periodic preparation of re- under paragraph (1). (2) RESEARCH.—Each consortium under paragraph (1)— ports on the activities of the networks and (10) ACCESS AND UTILITIES.—On conveyance submission of reports to the Director. of the parcel under paragraph (1), the Sec- (A) may conduct basic, translational, and retary of the Air Force shall, on behalf of the clinical paralysis research; Subtitle C—Improving Quality of Life for United States and subject to any terms and (B) may focus on advancing treatments Persons With Paralysis and Other Physical conditions as the Secretary determines to be and developing therapies in paralysis re- Disabilities necessary (including conditions providing for search; SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF the reimbursement of costs), provide the In- (C) may focus on one or more forms of pa- LIFE FOR PERSONS WITH PARALYSIS stitute with— ralysis that result from central nervous sys- AND OTHER PHYSICAL DISABIL- (A) access for employees and invitees of tem trauma or stroke; ITIES. the Institute across Kirtland Air Force Base (D) may facilitate and enhance the dis- (a) IN GENERAL.—The Secretary of Health to the parcel conveyed under that paragraph; semination of clinical and scientific findings; and Human Services (in this subtitle referred and and to as the ‘‘Secretary’’) may study the unique (B) access to utility services for the land (E) may replicate the findings of consortia health challenges associated with paralysis and any improvements to the land conveyed members or other researchers for scientific and other physical disabilities and carry out under that paragraph. and translational purposes. projects and interventions to improve the (11) ADDITIONAL TERM AND CONDITIONS.— (3) COORDINATION OF CONSORTIA; REPORTS.— quality of life and long-term health status of The Secretary of Energy, in consultation The Director may, as appropriate, provide persons with paralysis and other physical with the Secretary of the Interior and Sec- for the coordination of information among disabilities. The Secretary may carry out retary of the Air Force, may require any ad- consortia under paragraph (1) and ensure such projects directly and through awards of ditional terms and conditions for the convey- regular communication among members of grants or contracts. ance under paragraph (1) that the Secre- the consortia, and may require the periodic (b) CERTAIN ACTIVITIES.—Activities under taries determine to be appropriate to protect preparation of reports on the activities of subsection (a) may include— the interests of the United States. the consortia and the submission of the re- (1) the development of a national paralysis (c) TRANSFER OF ADMINISTRATIVE JURISDIC- ports to the Director. and physical disability quality of life action TION.— (4) ORGANIZATION OF CONSORTIA.—Each con- plan, to promote health and wellness in (1) IN GENERAL.—After the conveyance sortium under paragraph (1) may use the fa- order to enhance full participation, inde- under subsection (b)(1) has been completed, cilities of a single lead institution, or be pendent living, self-sufficiency, and equality the Secretary of Energy shall, on request of formed from several cooperating institu- of opportunity in partnership with voluntary the Secretary of the Air Force, transfer to tions, meeting such requirements as may be health agencies focused on paralysis and the Secretary of the Air Force administra- prescribed by the Director. other physical disabilities, to be carried out tive jurisdiction over the parcel of approxi- (c) PUBLIC INPUT.—The Director may pro- in coordination with the State-based Dis- mately 7 acres of land identified as ‘‘Parcel vide for a mechanism to educate and dis- ability and Health Program of the Centers B’’ on the map, including any improvements seminate information on the existing and for Disease Control and Prevention; to the parcel. planned programs and research activities of (2) support for programs to disseminate in- (2) REMOVAL OF IMPROVEMENTS.—In concur- the National Institutes of Health with re- formation involving care and rehabilitation rence with the transfer under paragraph (1), spect to paralysis and through which the Di- options and quality of life grant programs the Secretary of Energy shall, on request of rector can receive comments from the public supportive of community-based programs the Secretary of the Air Force, arrange and regarding such programs and activities. and support systems for persons with paral- pay for removal of any improvements to the Subtitle B—Paralysis Rehabilitation ysis and other physical disabilities; parcel transferred under that paragraph. Research and Care (3) in collaboration with other centers and national voluntary health agencies, the es- SEC. 13006. AUTHORIZATION OF APPROPRIA- SEC. 14201. ACTIVITIES OF THE NATIONAL INSTI- TIONS FOR NATIONAL TROPICAL BO- TUTES OF HEALTH WITH RESPECT tablishment of a population-based database TANICAL GARDEN. TO RESEARCH WITH IMPLICATIONS that may be used for longitudinal and other Chapter 1535 of title 36, United States FOR ENHANCING DAILY FUNCTION research on paralysis and other disabling Code, is amended by adding at the end the FOR PERSONS WITH PARALYSIS. conditions; and following: (a) IN GENERAL.—The Director, pursuant to (4) the replication and translation of best ‘‘§ 153514. Authorization of appropriations the general authority of the Director, may practices and the sharing of information ‘‘(a) IN GENERAL.—Subject to subsection make awards of grants to public or private across States, as well as the development of (b), there is authorized to be appropriated to entities to pay all or part of the costs of comprehensive, unique, and innovative pro- the corporation for operation and mainte- planning, establishing, improving, and pro- grams, services, and demonstrations within nance expenses $500,000 for each of fiscal viding basic operating support to multi- existing State-based disability and health years 2008 through 2017. center networks of clinical sites that will programs of the Centers for Disease Control ‘‘(b) LIMITATION.—Any Federal funds made collaborate to design clinical rehabilitation and Prevention which are designed to sup- available under subsection (a) shall be intervention protocols and measures of out- port and advance quality of life programs for matched on a 1-to-1 basis by non-Federal comes on one or more forms of paralysis that persons living with paralysis and other phys- funds.’’. result from central nervous system trauma, ical disabilities focusing on—

VerDate Nov 24 2008 03:19 Jan 16, 2009 Jkt 079060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.061 S15JAPT1 jbell on PROD1PC69 with SENATE January 15, 2009 CONGRESSIONAL RECORD — SENATE S557 (A) caregiver education; carry out this section a total of $14,000,000 The Supreme Court rule is that a pay (B) promoting proper nutrition, increasing for fiscal years 2009 and 2010. Such sums shall discrimination lawsuit must be filed physical activity, and reducing tobacco use; remain available until expended. with the EEOC within 180 days of the (C) education and awareness programs for SEC. 15103. CONSTRUCTION OF GREENHOUSE FA- initial decision to pay her less than health care providers; CILITY. (D) prevention of secondary complications; men performing similar acts. (a) IN GENERAL.—The Board of Regents of The PRESIDING OFFICER. The time (E) home- and community-based interven- the Smithsonian Institution is authorized to tions; construct a greenhouse facility at its mu- of the Senator has expired. (F) coordinating services and removing seum support facility in Suitland, Maryland, The Senator from Wyoming is recog- barriers that prevent full participation and to maintain the horticultural operations of, nized. integration into the community; and and preserve the orchid collection held in Mr. ENZI. Madam President, I have (G) recognizing the unique needs of under- trust by, the Smithsonian Institution. spent my 12 years in the Senate trying served populations. (b) AUTHORIZATION OF APPROPRIATIONS.— to work across the aisle, trying to get (c) GRANTS.—The Secretary may award There is authorized to be appropriated things to happen around here. I found grants in accordance with the following: $12,000,000 to carry out this section. Such the way things happen is, if they go (1) To State and local health and disability sums shall remain available until expended. agencies for the purpose of— through the whole process— Mr. LEVIN. Madam President, I Ms. MIKULSKI. I say to the Senator, (A) establishing a population-based data- move to reconsider the vote. base that may be used for longitudinal and I am not done. I have not completed other research on paralysis and other dis- Mrs. LINCOLN. I move to lay that my statement. abling conditions; motion on the table. Mr. ENZI. I think the Senator’s time (B) developing comprehensive paralysis The motion to lay on the table was expired. and other physical disability action plans agreed to. The PRESIDING OFFICER. The Sen- and activities focused on the items listed in f ator’s time had expired. subsection (b)(4); Ms. MIKULSKI. Madam President, (C) assisting State-based programs in es- LILLY LEDBETTER FAIR PAY ACT first of all, I, of course, want to proceed tablishing and implementing partnerships OF 2009—MOTION TO PROCEED and collaborations that maximize the input in the spirit of comity. I lost my time and support of people with paralysis and CLOTURE MOTION because this place was so noisy. I other physical disabilities and their con- The PRESIDING OFFICER. Under couldn’t talk because everybody else stituent organizations; the previous order, there is 4 minutes was talking. Frankly, I will be happy (D) coordinating paralysis and physical equally divided between Senators MI- for my colleague to speak, but I am disability activities with existing State- KULSKI and ENZI. going to ask unanimous consent for an based disability and health programs; Ms. MIKULSKI. Madam President, additional 4 minutes. (E) providing education and training op- The PRESIDING OFFICER. Is there portunities and programs for health profes- the Senate is not in order. sionals and allied caregivers; and The PRESIDING OFFICER. The Sen- objection? (F) developing, testing, evaluating, and ate will be in order. Mr. ENZI. Madam President, reserv- replicating effective intervention programs The Senator from Maryland is recog- ing the right to object, our side would to maintain or improve health and quality of nized. like the additional 4 minutes, then, as life. Ms. MIKULSKI. Madam President, I well. (2) To private health and disability organi- rise to urge my colleagues, on a bipar- The PRESIDING OFFICER. Is there zations for the purpose of— tisan basis, to vote for the legislation objection? The Senator from Maryland (A) disseminating information to the pub- has asked for an additional 4 minutes. lic; that is pending, which is the cloture motion on the motion to proceed to the Is there objection to that request? (B) improving access to services for per- The Senator from Texas is recog- sons living with paralysis and other physical Lilly Ledbetter Act. The reason we are nized. disabilities and their caregivers; advocating cloture on the motion to Mrs. HUTCHISON. Madam President, (C) testing model intervention programs to proceed is that we do not have to fili- can we amend the request to allow improve health and quality of life; and buster this bill because we guarantee both sides to have an equal amount of (D) coordinating existing services with an open process, that Senators will be added time? State-based disability and health programs. able to offer amendments. We will be (d) COORDINATION OF ACTIVITIES.—The Sec- The PRESIDING OFFICER. That is able to debate with civility and com- retary shall ensure that activities under this the request. Is there objection to both ity, arrive at good ideas, consider all section are coordinated as appropriate by the sides receiving a total of 6 minutes on agencies of the Department of Health and good ideas and so on, so we do not need Human Services. this matter. to filibuster. Second, we do not need to Mr. CORKER. Reserving the right to (e) AUTHORIZATION OF APPROPRIATIONS.— delay. We need to vote for the motion For the purpose of carrying out this section, object, what will happen to floor time there is authorized to be appropriated to proceed because that is what the thereafter? Where many of us have $25,000,000 for each of fiscal years 2008 American people are telling us to do. time to talk about TARP later on, will through 2011. Much is talked about economic stim- we still have that time set aside prior TITLE XV—SMITHSONIAN INSTITUTION ulus, but if you want to help women, to the TARP vote at 4:30? FACILITIES AUTHORIZATION let’s start paying them equal pay for The PRESIDING OFFICER. This will SEC. 15101. LABORATORY AND SUPPORT SPACE, equal or comparable work. That is take an additional 8 minutes from the EDGEWATER, MARYLAND. what the Lilly Ledbetter bill will en- time that is allocated for the TARP (a) AUTHORITY TO DESIGN AND CON- sure. It will restore the law to the way discussion, prior to the vote that is STRUCT.—The Board of Regents of the Smith- it was before the Supreme Court deci- sonian Institution is authorized to design scheduled at 4:30. and construct laboratory and support space sion on Ledbetter v. Goodyear. Mr. VITTER. I object. to accommodate the Mathias Laboratory at One of the objections to the bill is The PRESIDING OFFICER. Objec- the Smithsonian Environmental Research that the Ledbetter bill will trigger law- tion is heard. Center in Edgewater, Maryland. suits. Nothing could be further from Several Senators addressed the (b) AUTHORIZATION OF APPROPRIATIONS.— the truth because it did not trigger, Chair. There is authorized to be appropriated to open-ended, millions of lawsuits before The PRESIDING OFFICER. The Sen- carry out this section a total of $41,000,000 the Supreme Court decision. for fiscal years 2009 through 2011. Such sums ator from Wyoming has the floor at the shall remain available until expended. We need to act. It is great to talk current time. SEC. 15102. LABORATORY SPACE, GAMBOA, PAN- about a stimulus bill, but the real Ms. MIKULSKI. May I ask the Sen- AMA. stimulus is paying people for what they ator from Wyoming for the ability to (a) AUTHORITY TO CONSTRUCT.—The Board do. Madam President, you should ask a unanimous consent request. I do of Regents of the Smithsonian Institution is know. not want to drag out the debate, but I authorized to construct laboratory space to This is a very serious bill. I know would like to make a few points. What accommodate the terrestrial research pro- what my colleagues are talking about I would like to be able to do, with your gram of the Smithsonian tropical research institute in Gamboa, Panama. is important, but women are waiting concurrence, is just ask for 2 minutes (b) AUTHORIZATION OF APPROPRIATIONS.— for us to act, so Senators, if they could and just have a little bit of say, but There is authorized to be appropriated to wait a minute, we could move ahead. you have your 4 minutes.

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