TH D CONGRESS SESSION S. ll › pdf › PPM170_end10b50_xml.pdf · 2012-10-29 · O:\END\END10B50.xml [file 1 of 10] S.L.C. 111TH CONGRESS 2D SESSION S. ll To designate certain land

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O:\END\END10B50.xml [file 1 of 10] S.L.C.

111TH CONGRESS 2D SESSION S. ll

To designate certain land as components of the National Wilderness Preserva-

tion System, to authorize certain programs and activities in the Depart-

ment of the Interior and the Department of Agriculture, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll

llllllllll introduced the following bill; which was read twice

and referred to the Committee on llllllllll

A BILL To designate certain land as components of the National

Wilderness Preservation System, to authorize certain

programs and activities in the Department of the Interior

and the Department of Agriculture, and for other pur-

poses.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Omnibus Public Land 4

Management Act of 2010’’. 5

2


SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 1

CONTENTS. 2

(a) DIVISIONS.—This Act is organized into the fol-3

lowing divisions: 4

(1) Division A–National Park Service Author-5

izations. 6

(2) Division B–National Wilderness Preserva-7

tion System. 8

(3) Division C–Forest Service Authorizations. 9

(4) Division D–Department of the Interior Au-10

thorizations. 11

(5) Division E–National Heritage Areas. 12

(6) Division F–Bureau of Land Management 13

Authorizations. 14

(7) Division G–Rivers and Trails. 15

(8) Division H–Water and Hydropower Author-16

izations. 17

(9) Division I–Insular Areas. 18

(10) Division J–Insular Areas. 19

(b) TABLE OF CONTENTS.—The table of contents of 20

this Act is as follows: 21

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

DIVISION A—NATIONAL PARK SERVICE AUTHORIZATIONS

TITLE I—ADDITIONS TO THE NATIONAL PARK SYSTEM

Subtitle A—Valles Caldera National Preserve

Sec. 101. Definitions.

Sec. 102. Valles Caldera National Preserve.

3


Sec. 103. Transfer of administrative jurisdiction.

Sec. 104. Repeal of Valles Caldera Preservation Act.

Sec. 105. Authorization of appropriations.

Subtitle B—Waco Mammoth National Monument

Sec. 111. Findings.


Sec. 113. Waco Mammoth National Monument, Texas.

Sec. 114. Administration of National Monument.

Sec. 115. Acquisition of property and boundary management.

Sec. 116. Construction of facilities on non-Federal lands.

Sec. 117. General management plan.

TITLE II—EXISTING UNITS OF THE NATIONAL PARK SYSTEM

Subtitle A—Oregon Caves National Monument Expansion


Sec. 202. Designations; land transfer; boundary adjustment.

Sec. 203. Administration.

Sec. 204. Voluntary grazing lease or permit donation program.

Sec. 205. Wild and scenic river designations.

Subtitle B—Longfellow House-Washington Headquarters Redesignation

Sec. 211. Redesignation of Longfellow National Historic Site, Massachusetts.

Subtitle C—Minuteman Missile National Historic Site Boundary Modification

Sec. 221. Boundary modification.

Subtitle D—Indiana Dunes National Lakeshore Visitor Center

Sec. 231. Dorothy Buell Memorial Visitor Center.

Sec. 232. Indiana Dunes National Lakeshore.

Subtitle E—North Cascades National Park Fish Stocking


Sec. 242. Stocking of certain lakes in the North Cascades National Park Serv-

ice Complex.

Subtitle F—Petersburg National Battlefield Boundary Modification

Sec. 251. Boundary modification.

Sec. 252. Administrative jurisdiction transfer.

Subtitle G—Gettysburg National Battlefield Boundary Modification

Sec. 261. Gettysburg National Military Park boundary revision.

Sec. 262. Acquisition and disposal of land.

Subtitle H—Cane River National Historical Park Curatorial Center

Sec. 271. Collections conservation center.

Sec. 272. Technical corrections.

TITLE III—SPECIAL RESOURCE STUDIES

4


Sec. 301. New Philadelphia, Illinois.

Sec. 302. George C. Marshall Home, Virginia.

Sec. 303. Heart Mountain Relocation Center, Wyoming.

Sec. 304. Colonel Charles Young Home, Ohio.

Sec. 305. United States Civil Rights Trail.

Sec. 306. Camp Hale, Colorado.

TITLE IV—BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL

Sec. 401. Finding.


Sec. 403. Memorial authorization.

Sec. 404. Repeal of joint resolutions.

TITLE V—GENERAL AUTHORITIES

Subtitle A—Revolutionary War and War of 1812 American Battlefield

Funding

Sec. 501. Revolutionary War and War of 1812 American Battlefield protection.

Subtitle B—National Park Service Miscellaneous Authorizations

Sec. 511. National Park System authorities.

Sec. 512. Pearl Harbor ticketing.

Sec. 513. Changes to National Park units.

Sec. 514. Technical corrections.

DIVISION B—NATIONAL WILDERNESS PRESERVATION SYSTEM

TITLE XX—ORGAN MOUNTAINS-DESERT PEAKS WILDERNESS


Sec. 2002. Designation of wilderness areas.

Sec. 2003. Establishment of National Conservation Areas.

Sec. 2004. General provisions.

Sec. 2005. Prehistoric Trackways National Monument Boundary adjustment.

Sec. 2006. Border security.


TITLE XXI—ALPINE LAKES WILDERNESS ADDITIONS

Sec. 2101. Expansion of Alpine Lakes Wilderness.

Sec. 2102. Wild and Scenic River designations.

TITLE XXII—DEVIL’S STAIRCASE WILDERNESS


Sec. 2202. Devil’s Staircase Wilderness, Oregon.

Sec. 2203. Wild and Scenic River designations, Wasson Creek and Franklin

Creek, Oregon.

TITLE XXIII—IDAHO WILDERNESS WATER FACILITIES

Sec. 2301. Treatment of existing water diversions in Frank Church-River of No

Return Wilderness and Selway-Bitterroot Wilderness, Idaho.

DIVISION C—FOREST SERVICE AUTHORIZATIONS

5


TITLE XXX—CHIMNEY ROCK NATIONAL MONUMENT

AUTHORIZATION


Sec. 3002. Establishment of chimney rock national monument.

Sec. 3003. Administration.

Sec. 3004. Management plan.

Sec. 3005. Land acquisition.

Sec. 3006. Withdrawal.

Sec. 3007. Effect.


TITLE XXXI—NORTH FORK FLATHEAD RIVER WATERSHED

PROTECTION



TITLE XXXII—LAND CONVEYANCES AND EXCHANGES

Subtitle A—Sugar Loaf Fire District Land Exchange


Sec. 3202. Land exchange.

Subtitle B—Wasatch-Cache National Forest Land Conveyance


Sec. 3212. Conveyance of Federal land to Alta, Utah.

Subtitle C—Los Padres National Forest Land Exchange



Subtitle D—Box Elder Land Conveyance

Sec. 3231. Conveyance of certain lands to Mantua, Box Elder, Utah.

Subtitle E—Deafy Glade Land Exchange

Sec. 3241. Land exchange, Mendocino National Forest, California.

Subtitle F—Wallowa Forest Service Compound Conveyance

Sec. 3251. Conveyance to city of Wallowa, Oregon.

TITLE XXXIII—GENERAL AUTHORIZATIONS

Subtitle A—Ski Areas Summer Uses

Sec. 3301. Purpose.

Sec. 3302. Ski area permits.

Sec. 3303. Effect.

Subtitle B—National Forest Insect and Disease Authorities

Sec. 3311. Purposes.


Sec. 3313. Designation of areas.

6


Sec. 3314. Support for restoration and response.


Subtitle C—Good Neighbor Authority

Sec. 3321. Good neighbor agreements.

Subtitle D—Federal Land Avalanche Protection Program


Sec. 3332. Avalanche protection program.

DIVISION D—DEPARTMENT OF THE INTERIOR AUTHORIZATIONS

TITLE XL—FEDERAL LAND TRANSACTION FACILITATION ACT

REAUTHORIZATION

Sec. 4001. Reauthorization.

TITLE XLI—NATIONAL VOLCANO EARLY WARNING PROGRAM


Sec. 4102. National volcano early warning and monitoring program.

Sec. 4103. Management.


TITLE XLII—UPPER CONNECTICUT RIVER WATERSHED


Sec. 4202. Connecticut River grants and technical assistance program.


Sec. 4204. Termination of authority.

TITLE XLIII—ABANDONED MINE RECLAMATION PAYMENTS

Sec. 4301. Abandoned mine reclamation.

TITLE XLIV—PUBLIC LANDS SERVICE CORPS AMENDMENTS

Sec. 4401. Amendment to short title.

Sec. 4402. References.

Sec. 4403. Amendments to the Public Lands Service Corps Act of 1993.

TITLE XLV—PATENT MODIFICATIONS AND VALIDATIONS

Sec. 4501. Whitefish Lighthouse patent modification, Michigan.

Sec. 4502. Coyote Springs patent validation.

DIVISION E—NATIONAL HERITAGE AREAS

TITLE L—SUSQUHANNA GATEWAY NATIONAL HERITAGE AREA


Sec. 5002. Susquehanna Gateway National Heritage Area.

Sec. 5003. Designation of local coordinating entity.


Sec. 5005. Relationship to other Federal agencies.

Sec. 5006. Private property and regulatory protections.

Sec. 5007. Evaluation; report.


7


Sec. 5009. Termination of authority.

TITLE LI—ALABAMA BLACK BELT NATIONAL HERITAGE AREA


Sec. 5102. Designation of Alabama Black Belt National Heritage Area.

Sec. 5103. Local coordinating entity.


Sec. 5105. Evaluation; report.

Sec. 5106. Relationship to other Federal agencies.

Sec. 5107. Private property and regulatory protections.


Sec. 5109. Use of Federal funds from other sources.

Sec. 5110. Termination of financial assistance.

DIVISION F—BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

TITLE LX—NATIONAL CONSERVATION AREAS AND HISTORIC

SITES

Subtitle A—Rıo Grande Del Norte National Conservation Area


Sec. 6002. Establishment of National Conservation Area.

Sec. 6003. Designation of wilderness areas.

Sec. 6004. General provisions.


Subtitle B—Gold Hill Ranch, California


Sec. 6012. Gold Hill Ranch.


Subtitle C—Orange County, California

Sec. 6021. Preservation of rocks and small islands along the coast of Orange

County, California.

TITLE LXI—LAND CONVEYANCES AND EXCHANGES

Subtitle A—Southeast Arizona Land Exchange



Sec. 6103. Conveyance and management of non-Federal land.

Sec. 6104. Recreational access and improvements.

Sec. 6105. Value adjustment payment to United States.


Sec. 6107. Apache Leap.

Sec. 6108. Conveyances to Town of Superior, Arizona.

Subtitle B—Salmon Lake Land Selection Resolution

Sec. 6111. Purpose.


Sec. 6113. Ratification and implementation of agreement.

Subtitle C—Southern Nevada Higher Education Land Conveyance

8



Sec. 6122. Conveyances of Federal land to the System.


Subtitle D—La Pine, Oregon, Land Conveyance


Sec. 6132. Conveyances of land.

TITLE LXII—SLOAN HILLS MINERAL WITHDRAWAL

Sec. 6201. Withdrawal of Sloan Hills Area of Clark County, Nevada.

DIVISION G—RIVERS AND TRAILS

TITLE LXX—NATIONAL WILD AND SCENIC RIVERS SYSTEM

AMENDMENTS

Sec. 7001. Molalla River, Oregon.

Sec. 7002. Illabot Creek, Washington.

Sec. 7003. White Clay Creek.

Sec. 7004. Elk River, West Virginia.

TITLE LXXI—NATIONAL TRAIL SYSTEM AMENDMENTS

Sec. 7101. North Country National Scenic Trail Route adjustment.

DIVISION H—WATER AND HYDROPOWER AUTHORIZATIONS

TITLE LXXX—BUREAU OF RECLAMATION PROJECT

AUTHORIZATIONS

Sec. 8001. Magna Water District.

Sec. 8002. Bay Area regional water recycling program.

Sec. 8003. Calleguas water project.

Sec. 8004. Hermiston, Oregon, water recycling and reuse project.

Sec. 8005. Central Valley Project water transfers.

Sec. 8006. Land withdrawal and reservation for Cragin Project.

Sec. 8007. Leadville Mine Drainage Tunnel.

Sec. 8008. Reauthorization of base funding for fish recovery programs.

TITLE LXXXI—HYDROPOWER

Sec. 8101. American Falls Reservoir hydro license extension.

Sec. 8102. Little Wood River Ranch hydro license extension.

Sec. 8103. Bonneville Unit hydropower.

Sec. 8104. Hoover power plant allocation.

TITLE LXXXII—MISCELLANEOUS

Sec. 8201. Uintah Water Conservancy District prepayment.

Sec. 8202. Tule River Tribe water development.

Sec. 8203. Inland Empire ground water assessment.

DIVISION I—INSULAR AREAS

Sec. 9001. Conveyance of certain submerged land to the Commonwealth of the

Northern Mariana Islands.

9


DIVISION J—BUDGETARY EFFECTS

Sec. 10001. Budgetary effects.

DIVISION A—NATIONAL PARK 1

SERVICE AUTHORIZATIONS 2

TITLE I—ADDITIONS TO THE 3

NATIONAL PARK SYSTEM 4

Subtitle A—Valles Caldera National 5

Preserve 6

SEC. 101. DEFINITIONS. 7

In this subtitle: 8

(1) ELIGIBLE EMPLOYEE.—The term ‘‘eligible 9

employee’’ means a person who was a full-time or 10

part-time employee of the Trust during the 180-day 11

period immediately preceding the date of enactment 12

of this Act. 13

(2) FUND.—The term ‘‘Fund’’ means the 14

Valles Caldera Fund established by section 15

106(h)(2) of the Valles Caldera Preservation Act (16 16

U.S.C. 698v–4(h)(2)). 17

(3) PRESERVE.—The term ‘‘Preserve’’ means 18

the Valles Caldera National Preserve in the State. 19

(4) SECRETARY.—The term ‘‘Secretary’’ means 20

the Secretary of the Interior. 21

(5) STATE.—The term ‘‘State’’ means the State 22

of New Mexico. 23

10


(6) TRUST.—The term ‘‘Trust’’ means the 1

Valles Caldera Trust established by section 106(a) 2

of the Valles Caldera Preservation Act (16 U.S.C. 3

698v–4(a)). 4

SEC. 102. VALLES CALDERA NATIONAL PRESERVE. 5

(a) DESIGNATION AS UNIT OF THE NATIONAL PARK 6

SYSTEM.—To protect, preserve, and restore the fish, wild-7

life, watershed, natural, scientific, scenic, geologic, his-8

toric, cultural, archaeological, and recreational values of 9

the area, the Valles Caldera National Preserve is des-10

ignated as a unit of the National Park System. 11

(b) MANAGEMENT.— 12

(1) APPLICABLE LAW.—The Secretary shall ad-13

minister the Preserve in accordance with— 14

(A) this subtitle; and 15

(B) the laws generally applicable to units 16

of the National Park System, including— 17

(i) the National Park Service Organic 18

Act (16 U.S.C. 1 et seq.); and 19

(ii) the Act of August 21, 1935 (16 20

U.S.C. 461 et seq.). 21

(2) MANAGEMENT COORDINATION.—The Sec-22

retary may coordinate the management and oper-23

ations of the Preserve with the Bandelier National 24

Monument. 25

11


(3) MANAGEMENT PLAN.— 1

(A) IN GENERAL.—Not later than 3 fiscal 2

years after the date on which funds are made 3

available to implement this subsection, the Sec-4

retary shall prepare a management plan for the 5

Preserve. 6

(B) APPLICABLE LAW.—The management 7

plan shall be prepared in accordance with— 8

(i) section 12(b) of Public Law 91– 9

383 (commonly known as the ‘‘National 10

Park Service General Authorities Act’’) 11

(16 U.S.C. 1a–7(b)); and 12

(ii) any other applicable laws. 13

(C) CONSULTATION.—The management 14

plan shall be prepared in consultation with— 15

(i) the Secretary of Agriculture; 16

(ii) State and local governments; 17

(iii) Indian tribes and pueblos, includ-18

ing the Pueblos of Jemez, Santa Clara, 19

and San Ildefonso; and 20

(iv) the public. 21

(c) ACQUISITION OF LAND.— 22

(1) IN GENERAL.—The Secretary may acquire 23

land and interests in land within the boundaries of 24

the Preserve by— 25

12


(A) purchase with donated or appropriated 1

funds; 2

(B) donation; or 3

(C) transfer from another Federal agency. 4

(2) ADMINISTRATION OF ACQUIRED LAND.—On 5

acquisition of any land or interests in land under 6

paragraph (1), the acquired land or interests in land 7

shall be administered as part of the Preserve. 8

(d) SCIENCE AND EDUCATION PROGRAM.— 9

(1) IN GENERAL.—The Secretary shall— 10

(A) until the date on which a management 11

plan is completed in accordance with subsection 12

(b)(3), carry out the science and education pro-13

gram for the Preserve established by the Trust; 14

and 15

(B) beginning on the date on which a man-16

agement plan is completed in accordance with 17

subsection (b)(3), establish a science and edu-18

cation program for the Preserve that— 19

(i) allows for research and interpreta-20

tion of the natural, historic, cultural, geo-21

logic and other scientific features of the 22

Preserve; 23

13


(ii) provides for improved methods of 1

ecological restoration and science-based 2

adaptive management of the Preserve; and 3

(iii) promotes outdoor educational ex-4

periences in the Preserve. 5

(2) SCIENCE AND EDUCATION CENTER.—As 6

part of the program established under paragraph 7

(1)(B), the Secretary may establish a science and 8

education center outside the boundaries of the Pre-9

serve. 10

(e) GRAZING.—The Secretary may allow the grazing 11

of livestock within the Preserve to continue— 12

(1) consistent with this subtitle; and 13

(2) to the extent the use furthers scientific re-14

search or interpretation of the ranching history of 15

the Preserve. 16

(f) FISH AND WILDLIFE.—Nothing in this subtitle 17

affects the responsibilities of the State with respect to fish 18

and wildlife in the State, except that the Secretary, in con-19

sultation with the New Mexico Department of Game and 20

Fish— 21

(1) shall permit hunting and fishing on land 22

and water within the Preserve in accordance with 23

applicable Federal and State laws; and 24

14


(2) may designate zones in which, and establish 1

periods during which, no hunting or fishing shall be 2

permitted for reasons of public safety, administra-3

tion, the protection of wildlife and wildlife habitats, 4

or public use and enjoyment. 5

(g) ECOLOGICAL RESTORATION.— 6

(1) IN GENERAL.—The Secretary shall under-7

take activities to improve the health of forest, grass-8

land, and riparian areas within the Preserve, includ-9

ing any activities carried out in accordance with title 10

IV of the Omnibus Public Land Management Act of 11

2009 (16 U.S.C. 7301 et seq.). 12

(2) COOPERATIVE AGREEMENTS.—The Sec-13

retary may enter into cooperative agreements with 14

adjacent pueblos to coordinate activities carried out 15

under paragraph (1) on the Preserve and adjacent 16

pueblo land. 17

(h) WITHDRAWAL.—Subject to valid existing rights, 18

all land and interests in land within the boundaries of the 19

Preserve are withdrawn from— 20

(1) entry, disposal, or appropriation under the 21

public land laws; 22

(2) location, entry, and patent under the mining 23

laws; and 24

15


(3) operation of the mineral leasing laws, geo-1

thermal leasing laws, and mineral materials laws. 2

(i) VOLCANIC DOMES AND OTHER PEAKS.— 3

(1) IN GENERAL.—Except as provided in para-4

graph (3), for the purposes of preserving the nat-5

ural, cultural, religious, archaeological, and historic 6

resources of the volcanic domes and other peaks in 7

the Preserve described in paragraph (2) within the 8

area of the domes and peaks above 9,600 feet in ele-9

vation or 250 feet below the top of the dome, which-10

ever is lower— 11

(A) no roads or buildings shall be con-12

structed; and 13

(B) no motorized access shall be allowed. 14

(2) DESCRIPTION OF VOLCANIC DOMES.—The 15

volcanic domes and other peaks referred to in para-16

graph (1) are— 17

(A) Redondo Peak; 18

(B) Redondito; 19

(C) South Mountain; 20

(D) San Antonio Mountain; 21

(E) Cerro Seco; 22

(F) Cerro San Luis; 23

(G) Cerros Santa Rosa; 24

(H) Cerros del Abrigo; 25

16


(I) Cerro del Medio; 1

(J) Rabbit Mountain; 2

(K) Cerro Grande; 3

(L) Cerro Toledo; 4

(M) Indian Point; 5

(N) Sierra de los Valles; and 6

(O) Cerros de los Posos. 7

(3) EXCEPTION.—Paragraph (1) shall not 8

apply in cases in which construction or motorized ac-9

cess is necessary for administrative purposes (includ-10

ing ecological restoration activities or measures re-11

quired in emergencies to protect the health and safe-12

ty of persons in the area). 13

(j) TRADITIONAL CULTURAL AND RELIGIOUS 14

SITES.— 15

(1) IN GENERAL.—The Secretary, in consulta-16

tion with Indian tribes and pueblos, shall ensure the 17

protection of traditional cultural and religious sites 18

in the Preserve. 19

(2) ACCESS.—The Secretary, in accordance 20

with Public Law 95–341 (commonly known as the 21

‘‘American Indian Religious Freedom Act’’) (42 22

U.S.C. 1996)— 23

(A) shall provide access to the sites de-24

scribed in paragraph (1) by members of Indian 25

17


tribes or pueblos for traditional cultural and 1

customary uses; and 2

(B) may, on request of an Indian tribe or 3

pueblo, temporarily close to general public use 4

1 or more specific areas of the Preserve to pro-5

tect traditional cultural and customary uses in 6

the area by members of the Indian tribe or 7

pueblo. 8

(3) PROHIBITION ON MOTORIZED ACCESS.—The 9

Secretary shall maintain prohibitions on the use of 10

motorized or mechanized travel on Preserve land lo-11

cated adjacent to the Santa Clara Indian Reserva-12

tion, to the extent the prohibition was in effect on 13

the date of enactment of this Act. 14

(k) CALDERA RIM TRAIL.— 15

(1) IN GENERAL.—Not later than 3 years after 16

the date of enactment of this Act, the Secretary, in 17

consultation with the Secretary of Agriculture, af-18

fected Indian tribes and pueblos, and the public, 19

shall study the feasibility of establishing a hiking 20

trail along the rim of the Valles Caldera on— 21

(A) land within the Preserve; and 22

(B) National Forest System land that is 23

adjacent to the Preserve. 24

18


(2) AGREEMENTS.—On the request of an af-1

fected Indian tribe or pueblo, the Secretary and the 2

Secretary of Agriculture shall seek to enter into an 3

agreement with the Indian tribe or pueblo with re-4

spect to the Caldera Rim Trail that provides for the 5

protection of— 6

(A) cultural and religious sites in the vicin-7

ity of the trail; and 8

(B) the privacy of adjacent pueblo land. 9

(l) VALID EXISTING RIGHTS.—Nothing in this sub-10

title affects valid existing rights. 11

SEC. 103. TRANSFER OF ADMINISTRATIVE JURISDICTION. 12

(a) IN GENERAL.—Administrative jurisdiction over 13

the Preserve is transferred from the Secretary of Agri-14

culture and the Trust to the Secretary, to be administered 15

as a unit of the National Park System, in accordance with 16

section 102. 17

(b) EXCLUSION FROM SANTA FE NATIONAL FOR-18

EST.—The boundaries of the Santa Fe National Forest 19

are modified to exclude the Preserve. 20

(c) INTERIM MANAGEMENT.— 21

(1) MEMORANDUM OF AGREEMENT.—Not later 22

than 90 days after the date of enactment of this 23

Act, the Secretary and the Trust shall enter into a 24

memorandum of agreement to facilitate the orderly 25

19


transfer to the Secretary of the administration of 1

the Preserve. 2

(2) EXISTING MANAGEMENT PLANS.—Notwith-3

standing the repeal made by section 104(a), until 4

the date on which the Secretary completes a man-5

agement plan for the Preserve in accordance with 6

section 102(b)(3), the Secretary may administer the 7

Preserve in accordance with any management activi-8

ties or plans adopted by the Trust under the Valles 9

Caldera Preservation Act (16 U.S.C. 698v et seq.), 10

to the extent the activities or plans are consistent 11

with section 102(b)(1). 12

(3) PUBLIC USE.—The Preserve shall remain 13

open to public use during the interim management 14

period, subject to such terms and conditions as the 15

Secretary determines to be appropriate. 16

(d) VALLES CALDERA TRUST.— 17

(1) TERMINATION.—The Trust shall terminate 18

180 days after the date of enactment of this Act un-19

less the Secretary determines that the termination 20

date should be extended to facilitate the transitional 21

management of the Preserve. 22

(2) ASSETS AND LIABILITIES.— 23

(A) ASSETS.—On termination of the 24

Trust— 25

20


(i) all assets of the Trust shall be 1

transferred to the Secretary; and 2

(ii) any amounts appropriated for the 3

Trust shall remain available to the Sec-4

retary for the administration of the Pre-5

serve. 6

(B) ASSUMPTION OF OBLIGATIONS.— 7

(i) IN GENERAL.—On termination of 8

the Trust, the Secretary shall assume all 9

contracts, obligations, and other liabilities 10

of the Trust. 11

(ii) NEW LIABILITIES.— 12

(I) BUDGET.—Not later than 90 13

days after the date of enactment of 14

this Act, the Secretary and the Trust 15

shall prepare a budget for the interim 16

management of the Preserve. 17

(II) WRITTEN CONCURRENCE RE-18

QUIRED.—The Trust shall not incur 19

any new liabilities not authorized in 20

the budget prepared under subclause 21

(I) without the written concurrence of 22

the Secretary. 23

(3) PERSONNEL.— 24

21


(A) HIRING.—The Secretary and the Sec-1

retary of Agriculture may hire employees of the 2

Trust on a noncompetitive basis for comparable 3

positions at the Preserve or other areas or of-4

fices under the jurisdiction of the Secretary or 5

the Secretary of Agriculture. 6

(B) SALARY.—Any employees hired from 7

the Trust under subparagraph (A) shall be sub-8

ject to the provisions of chapter 51, and sub-9

chapter III of chapter 53, title 5, United States 10

Code, relating to classification and General 11

Schedule pay rates. 12

(C) INTERIM RETENTION OF ELIGIBLE EM-13

PLOYEES.—For a period of not less than 180 14

days beginning on the date of enactment of this 15

Act, all eligible employees of the Trust shall 16

be— 17

(i) retained in the employment of the 18

Trust; 19

(ii) considered to be placed on detail 20

to the Secretary; and 21

(iii) subject to the direction of the 22

Secretary. 23

(D) TERMINATION FOR CAUSE.—Nothing 24

in this paragraph precludes the termination of 25

22


employment of an eligible employee for cause 1

during the period described in subparagraph 2

(C). 3

(4) RECORDS.—The Secretary shall have access 4

to all records of the Trust pertaining to the manage-5

ment of the Preserve. 6

(5) VALLES CALDERA FUND.— 7

(A) IN GENERAL.—Effective on the date of 8

enactment of this Act, the Secretary shall as-9

sume the powers of the Trust over the Fund. 10

(B) AVAILABILITY AND USE.—Any 11

amounts in the Fund as of the date of enact-12

ment of this Act shall be available to the Sec-13

retary for use, without further appropriation, 14

for the management of the Preserve. 15

SEC. 104. REPEAL OF VALLES CALDERA PRESERVATION 16

ACT. 17

(a) REPEAL.—On the termination of the Trust, the 18

Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) 19

is repealed. 20

(b) EFFECT OF REPEAL.—Notwithstanding the re-21

peal made by subsection (a)— 22

(1) the authority of the Secretary of Agri-23

culture to acquire mineral interests under section 24

104(e) of the Valles Caldera Preservation Act (16 25

23


U.S.C. 698v–2(e)) is transferred to the Secretary 1

and any proceeding for the condemnation of, or pay-2

ment of compensation for, an outstanding mineral 3

interest pursuant to the transferred authority shall 4

continue; 5

(2) the provisions in section 104(g) of the 6

Valles Caldera Preservation Act (16 U.S.C. 698v– 7

2(g)) relating to the Pueblo of Santa Clara shall re-8

main in effect; and 9

(3) the Fund shall not be terminated until all 10

amounts in the Fund have been expended by the 11

Secretary. 12

(c) BOUNDARIES.—The repeal of the Valles Caldera 13

Preservation Act (16 U.S.C. 698v et seq.) shall not affect 14

the boundaries as of the date of enactment of this Act 15

(including maps and legal descriptions) of— 16

(1) the Preserve; 17

(2) the Santa Fe National Forest (other than 18

the modification made by section 103(b)); 19

(3) Bandelier National Monument; and 20

(4) any land conveyed to the Pueblo of Santa 21

Clara. 22

SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 23

There are authorized to be appropriated such sums 24

as are necessary to carry out this subtitle. 25

24


Subtitle B—Waco Mammoth 1

National Monument 2

SEC. 111. FINDINGS. 3

Congress finds as follows: 4

(1) The Waco Mammoth Site area is located 5

near the confluence of the Brazos and the Bosque 6

rivers in Central Texas, near the City of Waco. 7

(2) Baylor University has been investigating the 8

site since 1978 after the discovery of bones emerging 9

from eroding creek banks leading to the uncovering 10

of portions of five mammoths. 11

(3) Several additional mammoth remains have 12

been uncovered making this the largest known con-13

centration of mammoths dying from the same event. 14

(4) The discoveries have received international 15

attention. 16

(5) The University and the City of Waco have 17

been working together to protect the site and to de-18

velop further research and educational opportunities. 19


In this subtitle the following definitions apply: 21

(1) NATIONAL MONUMENT.—The term ‘‘na-22

tional monument’’ means the Waco Mammoth Na-23

tional Monument, established in section 113. 24

25




(3) MAP.—The term ‘‘map’’ means the map ti-3

tled ‘‘Proposed Boundary Waco-Mammoth National 4

Monument’’, numbered T21/80,000, and dated 5

April, 2009. 6

SEC. 113. WACO MAMMOTH NATIONAL MONUMENT, TEXAS. 7

(a) ESTABLISHMENT.—There is established the Waco 8

Mammoth National Monument in the State of Texas, as 9

a unit of the National Park System, as generally depicted 10

on the map. 11

(b) AVAILABILITY OF MAP.—The map shall be on file 12

and available for public inspection in the appropriate of-13

fices of the National Park Service. 14

SEC. 114. ADMINISTRATION OF NATIONAL MONUMENT. 15

(a) IN GENERAL.—The Secretary shall administer 16

the national monument in accordance with this subtitle, 17

the cooperative agreements described in this section, and 18

laws and regulations generally applicable to units of the 19

National Park System, including the National Park Serv-20

ice Organic Act (39 Stat. 535, 16 U.S.C. 1). 21

(b) COOPERATIVE AGREEMENTS.—The Secretary 22

may enter into cooperative agreements for the manage-23

ment of the national monument with Baylor University 24

26


and City of Waco, pursuant to the National Park Service 1

General Authorities Act (16 U.S.C. 1a–2(1)). 2

SEC. 115. ACQUISITION OF PROPERTY AND BOUNDARY 3

MANAGEMENT. 4

(a) ACQUISITION OF PROPERTY.—The Secretary is 5

authorized to acquire from willing sellers lands, or inter-6

ests in lands, within the proposed boundary of the national 7

monument necessary for effective management. 8

(b) CONDITIONS.—Lands identified in subsection (a) 9

may be acquired— 10

(1) by donation, purchase with donated or ap-11

propriated funds, transfer from another Federal 12

agency, or by exchange; and 13

(2) in the case of lands owned by the State of 14

Texas, or a political subdivision thereof, or Baylor 15

University only by donation or exchange. 16

SEC. 116. CONSTRUCTION OF FACILITIES ON NON-FEDERAL 17

LANDS. 18

(a) IN GENERAL.—The Secretary is authorized, sub-19

ject to the appropriation of necessary funds, to construct 20

essential administrative or visitor use facilities on non- 21

Federal lands within the national monument. 22

(b) OTHER FUNDING.—In addition to the use of Fed-23

eral funds authorized in subsection (a), the Secretary may 24

27


use donated funds, property, and services to carry out this 1

section. 2

SEC. 117. GENERAL MANAGEMENT PLAN. 3

(a) IN GENERAL.—Not later than three years after 4

the date on which funds are made available to carry out 5

this subtitle, the Secretary, in consultation with Baylor 6

University and City of Waco, shall prepare a management 7

plan for the national monument. 8

(b) INCLUSIONS.—The management plan shall in-9

clude, at a minimum— 10

(1) measures for the preservation of the re-11

sources of the national monument; 12

(2) requirements for the type and extent of de-13

velopment and use of the national monument; 14

(3) identification of visitor carrying capacities 15

for national monument; and 16

(4) opportunities for involvement by Baylor 17

University, the City of Waco, the State of Texas, 18

and other local and national entities in the formula-19

tion of educational programs for the national monu-20

ment and for developing and supporting the national 21

monument. 22

28


TITLE II—EXISTING UNITS OF 1

THE NATIONAL PARK SYSTEM 2

Subtitle A—Oregon Caves National 3

Monument Expansion 4


In this subtitle: 6

(1) MAP.—The term ‘‘map’’ means the map en-7

titled ‘‘Oregon Caves National Monument and Pre-8

serve’’, numbered 150/80,023, and dated May 2010. 9

(2) MONUMENT.—The term ‘‘Monument’’ 10

means the Oregon Caves National Monument estab-11

lished by Presidential Proclamation Number 876 (36 12

Stat. 2497), dated July 12, 1909. 13

(3) NATIONAL MONUMENT AND PRESERVE.— 14

The term ‘‘National Monument and Preserve’’ 15

means the Oregon Caves National Monument and 16

Preserve designated by section 202(a)(1). 17

(4) NATIONAL PRESERVE.—The term ‘‘National 18

Preserve’’ means the National Preserve designated 19

by section 202(a)(2). 20



(6) SECRETARY CONCERNED.—The term ‘‘Sec-23

retary concerned’’ means— 24

29


(A) the Secretary of Agriculture (acting 1

through the Chief of the Forest Service), with 2

respect to National Forest System land; and 3

(B) the Secretary of the Interior, with re-4

spect to land managed by the Bureau of Land 5

Management. 6


of Oregon. 8

SEC. 202. DESIGNATIONS; LAND TRANSFER; BOUNDARY AD-9

JUSTMENT. 10

(a) DESIGNATIONS.— 11

(1) IN GENERAL.—The Monument and the Na-12

tional Preserve shall be administered as a single unit 13

of the National Park System and collectively known 14

and designated as the ‘‘Oregon Caves National 15

Monument and Preserve’’. 16

(2) NATIONAL PRESERVE.—The approximately 17

4,070 acres of land identified on the map as ‘‘Pro-18

posed Addition Lands’’ shall be designated as a Na-19

tional Preserve. 20

(b) TRANSFER OF ADMINISTRATIVE JURISDIC-21

TION.— 22

(1) IN GENERAL.—Administrative jurisdiction 23

over the land designated as a National Preserve 24

under subsection (a)(2) is transferred from the Sec-25

30


retary of Agriculture to the Secretary, to be admin-1

istered as part of the National Monument and Pre-2

serve. 3

(2) EXCLUSION OF LAND.—The boundaries of 4

the Rogue River-Siskiyou National Forest are ad-5

justed to exclude the land transferred under para-6

graph (1). 7

(c) BOUNDARY ADJUSTMENT.—The boundary of the 8

National Monument and Preserve is modified to exclude 9

approximately 4 acres of land— 10

(1) located in the City of Cave Junction; and 11

(2) identified on the map as the ‘‘Cave Junction 12

Unit’’. 13

(d) AVAILABILITY OF MAP.—The map shall be on file 14


fices of the National Park Service. 16

(e) REFERENCES.—Any reference in a law, map, reg-17

ulation, document, paper, or other record of the United 18

States to the Monument shall be considered to be a ref-19

erence to the ‘‘Oregon Caves National Monument and Pre-20

serve’’. 21

SEC. 203. ADMINISTRATION. 22

(a) IN GENERAL.—The Secretary shall administer 23

the National Monument and Preserve in accordance 24

with— 25

31


(1) this subtitle; 1

(2) Presidential Proclamation Number 876 (36 2

Stat. 2497), dated July 12, 1909; and 3

(3) any law (including regulations) generally 4

applicable to units of the National Park System, in-5

cluding the National Park Service Organic Act (16 6

U.S.C. 1 et seq.). 7

(b) FIRE MANAGEMENT.—As soon as practicable 8

after the date of enactment of this Act, in accordance with 9

subsection (a), the Secretary shall— 10

(1) revise the fire management plan for the 11

Monument to include the land transferred under sec-12

tion 202(b)(1); and 13

(2) in accordance with the revised plan, carry 14

out hazardous fuel management activities within the 15

boundaries of the National Monument and Preserve. 16

(c) EXISTING FOREST SERVICE CONTRACTS.— 17

(1) IN GENERAL.—The Secretary shall— 18

(A) allow for the completion of any Forest 19

Service stewardship or service contract executed 20

as of the date of enactment of this Act with re-21

spect to the National Preserve; and 22

(B) recognize the authority of the Sec-23

retary of Agriculture for the purpose of admin-24

32


istering a contract described in subparagraph 1

(A) through the completion of the contract. 2

(2) TERMS AND CONDITIONS.—All terms and 3

conditions of a contract described in paragraph 4

(1)(A) shall remain in place for the duration of the 5

contract. 6

(3) LIABILITY.—The Forest Service shall be re-7

sponsible for any liabilities relating to a contract de-8

scribed in paragraph (1)(A). 9

(d) GRAZING.— 10

(1) IN GENERAL.—Subject to paragraph (2), 11

the Secretary may allow the grazing of livestock 12

within the National Preserve to continue as author-13

ized under permits or leases in existence as of the 14

date of enactment of this Act. 15

(2) APPLICABLE LAW.—Grazing under para-16

graph (1) shall be— 17

(A) at a level not greater than the level at 18

which the grazing exists as of the date of enact-19

ment of this Act, as measured in Animal Unit 20

Months; and 21

(B) in accordance with each applicable law 22

(including National Park Service regulations). 23

(e) FISH AND WILDLIFE.—The Secretary shall per-24

mit hunting and fishing on land and waters within the 25

33


National Preserve in accordance with applicable Federal 1

and State laws, except that the Secretary may, in con-2

sultation with the Oregon Department of Fish and Wild-3

life, designate zones in which, and establish periods during 4

which, no hunting or fishing shall be permitted for reasons 5

of public safety, administration, or compliance by the Sec-6

retary with any applicable law (including regulations). 7

SEC. 204. VOLUNTARY GRAZING LEASE OR PERMIT DONA-8

TION PROGRAM. 9

(a) DONATION OF LEASE OR PERMIT.— 10

(1) ACCEPTANCE BY SECRETARY CON-11

CERNED.—The Secretary concerned shall accept a 12

grazing lease or permit that is donated by a lessee 13

or permittee for— 14

(A) the Big Grayback Grazing Allotment 15

located in the Rogue River-Siskiyou National 16

Forest; and 17

(B) the Billy Mountain Grazing Allotment 18

located on a parcel of land that is managed by 19

the Secretary (acting through the Director of 20

the Bureau of Land Management). 21

(2) TERMINATION.—With respect to each graz-22

ing permit or lease donated under paragraph (1), 23

the Secretary shall— 24

34


(A) terminate the grazing permit or lease; 1

and 2

(B) ensure a permanent end to grazing on 3

the land covered by the grazing permit or lease. 4

(b) EFFECT OF DONATION.—A lessee or permittee 5

that donates a grazing lease or grazing permit (or a por-6

tion of a grazing lease or grazing permit) under this sec-7

tion shall be considered to have waived any claim to any 8

range improvement on the associated grazing allotment or 9

portion of the associated grazing allotment, as applicable. 10

SEC. 205. WILD AND SCENIC RIVER DESIGNATIONS. 11

(a) DESIGNATION.—Section 3(a) of the Wild and 12

Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add-13

ing at the end the following: 14

‘‘(208) RIVER STYX, OREGON.—The subterra-15

nean segment of Cave Creek, known as the River 16

Styx, to be administered by the Secretary of the In-17

terior as a scenic river.’’. 18

(b) POTENTIAL ADDITIONS.— 19

(1) IN GENERAL.—Section 5(a) of the Wild and 20

Scenic Rivers Act (16 U.S.C. 1276(a)) is amended 21

by adding at the end the following: 22

‘‘(141) OREGON CAVES NATIONAL MONUMENT 23

AND PRESERVE, OREGON.— 24

35


‘‘(A) CAVE CREEK, OREGON.—The 2.6- 1

mile segment of Cave Creek from the head-2

waters at the River Styx to the boundary of the 3

Rogue River Siskiyou National Forest. 4

‘‘(B) LAKE CREEK, OREGON.—The 3.6- 5

mile segment of Lake Creek from the head-6

waters at Bigelow Lakes to the confluence with 7

Cave Creek. 8

‘‘(C) NO NAME CREEK, OREGON.—The 9

0.6-mile segment of No Name Creek from the 10

headwaters to the confluence with Cave Creek. 11

‘‘(D) PANTHER CREEK.—The 0.8-mile seg-12

ment of Panther Creek from the headwaters to 13

the confluence with Lake Creek. 14

‘‘(E) UPPER CAVE CREEK.—The segment 15

of Upper Cave Creek from the headwaters to 16

the confluence with River Styx.’’. 17

(2) STUDY; REPORT.—Section 5(b) of the Wild 18

and Scenic Rivers Act (16 U.S.C. 1276(b)) is 19

amended by adding at the end the following: 20

‘‘(20) OREGON CAVES NATIONAL MONUMENT 21

AND PRESERVE, OREGON.—Not later than 3 years 22

after the date on which funds are made available to 23

carry out this paragraph, the Secretary shall— 24

36


‘‘(A) complete the study of the Oregon 1

Caves National Monument and Preserve seg-2

ments described in subsection (a)(141); and 3

‘‘(B) submit to Congress a report con-4

taining the results of the study.’’. 5

Subtitle B—Longfellow House- 6

Washington Headquarters 7

Redesignation 8

SEC. 211. REDESIGNATION OF LONGFELLOW NATIONAL 9

HISTORIC SITE, MASSACHUSETTS. 10

(a) IN GENERAL.—The Longfellow National Historic 11

Site in Cambridge, Massachusetts, shall be known and 12

designated as ‘‘Longfellow House-Washington’s Head-13

quarters National Historic Site’’. 14

(b) REFERENCES.—Any reference in a law, map, reg-15

ulation, document, paper, or other record of the United 16

States to the Longfellow National Historic Site shall be 17

considered to be a reference to the ‘‘Longfellow House- 18

Washington’s Headquarters National Historic Site’’. 19

37


Subtitle C—Minuteman Missile 1

National Historic Site Boundary 2

Modification 3

SEC. 221. BOUNDARY MODIFICATION. 4

Section 3(a) of the Minuteman Missile National His-5

toric Site Establishment Act of 1999 (16 U.S.C. 461 note; 6

Public Law 106–115) is amended— 7

(1) by redesignating paragraphs (3) and (4) as 8

paragraphs (4) and (5), respectively; and 9

(2) by inserting after paragraph (2) the fol-10

lowing: 11

‘‘(3) VISITOR FACILITY AND ADMINISTRATIVE 12

SITE.— 13

‘‘(A) IN GENERAL.—In addition to the 14

components described in paragraph (2), the his-15

toric site shall include a visitor facility and ad-16

ministrative site located on the parcel of land 17

described in subparagraph (B). 18

‘‘(B) DESCRIPTION OF LAND.—The land 19

referred to in subparagraph (A) consists of ap-20

proximately 25 acres of land within the Buffalo 21

Gap National Grassland in South Dakota as 22

generally depicted on the map entitled ‘Minute-23

man Missile National Historic Site Boundary 24

38


Modification’, numbered 406/80,011, and dated 1

July 17, 2009. 2

‘‘(C) AVAILABILITY OF MAP.—The map de-3

scribed in subparagraph (B) shall be kept on 4

file and available for public inspection in the 5

appropriate offices of the National Park Serv-6

ice. 7

‘‘(D) TRANSFER OF ADMINISTRATIVE JU-8

RISDICTION.—Administrative jurisdiction over 9

the land described in subparagraph (B) is 10

transferred from the Secretary of Agriculture to 11

the Secretary, to be administered as part of the 12

historic site. 13

‘‘(E) BOUNDARY ADJUSTMENT.—The 14

boundaries of the Buffalo Gap National Grass-15

lands are modified to exclude the land trans-16

ferred under subparagraph (D).’’. 17

Subtitle D—Indiana Dunes 18

National Lakeshore Visitor Center 19

SEC. 231. DOROTHY BUELL MEMORIAL VISITOR CENTER. 20

(a) MEMORANDUM OF UNDERSTANDING.—The Sec-21

retary of the Interior may enter into a memorandum of 22

understanding to establish a joint partnership with the 23

Porter County Convention, Recreation and Visitor Com-24

mission. The memorandum of understanding shall— 25

39


(1) identify the overall goals and purpose of the 1

Dorothy Buell Memorial Visitor Center; 2

(2) establish how management and operational 3

duties will be shared; 4

(3) determine how exhibits, signs, and other in-5

formation are developed; 6

(4) indicate how various activities will be fund-7

ed; 8

(5) identify who is responsible for providing site 9

amenities; 10

(6) establish procedures for changing or dis-11

solving the joint partnership; and 12

(7) address any other issues deemed necessary 13

by the Secretary or the Porter County Convention, 14

Recreation and Visitor Commission. 15

(b) DEVELOPMENT OF EXHIBITS.—The Secretary 16

may plan, design, construct, and install exhibits in the 17

Dorothy Buell Memorial Visitor Center related to the use 18

and management of the resources at Indiana Dunes Na-19

tional Lakeshore, at a cost not to exceed $1,500,000. 20

(c) NATIONAL LAKESHORE PRESENCE.—The Sec-21

retary may use park staff from Indiana Dunes National 22

Lakeshore in the Dorothy Buell Memorial Visitor Center 23

to provide visitor information and education. 24

40


SEC. 232. INDIANA DUNES NATIONAL LAKESHORE. 1

Section 19 of the Act entitled ‘‘An Act to provide for 2

the establishment of the Indiana Dunes National Lake-3

shore, and for other purposes’’ (16 U.S.C. 460u–19) is 4

amended— 5

(1) by striking ‘‘After notifying’’ and inserting 6

‘‘(a) After notifying’’; and 7

(2) by adding at the end the following: 8

‘‘(b) CONTIGUOUS CLARIFIED.—For purposes of sub-9

section (a), lands may be considered contiguous to other 10

lands if the lands touch the other lands, or are separated 11

from the other lands by only a public or private right- 12

of-way, such as a road, railroad, or utility corridor.’’. 13

Subtitle E—North Cascades 14

National Park Fish Stocking 15


In this subtitle: 17

(1) NORTH CASCADES NATIONAL PARK SERVICE 18

COMPLEX.—The term ‘‘North Cascades National 19

Park Service Complex’’ means collectively the North 20

Cascades National Park, Ross Lake National Recre-21

ation Area, and Lake Chelan National Recreation 22

Area. 23

(2) PLAN.—The term ‘‘plan’’ means the docu-24

ment entitled ‘‘North Cascades National Park Serv-25

ice Complex Mountain Lakes Fishery Management 26

41


Plan and Environmental Impact Statement’’ and 1

dated June 2008. 2



SEC. 242. STOCKING OF CERTAIN LAKES IN THE NORTH 5

CASCADES NATIONAL PARK SERVICE COM-6

PLEX. 7

(a) IN GENERAL.—Subject to subsection (b), the Sec-8

retary shall authorize the stocking of fish in lakes in the 9

North Cascades National Park Service Complex. 10

(b) CONDITIONS.— 11

(1) IN GENERAL.—The Secretary is authorized 12

to allow stocking of fish in not more than 42 of the 13

91 lakes in the North Cascades National Park Serv-14

ice Complex that have historically been stocked with 15

fish. 16

(2) NATIVE NONREPRODUCING FISH.—The Sec-17

retary shall only stock fish that are— 18

(A) native to the slope of the Cascade 19

Range on which the lake to be stocked is lo-20

cated; and 21

(B) nonreproducing, as identified in man-22

agement alternative B of the plan. 23

(3) CONSIDERATIONS.—In making fish stocking 24

decisions under this subtitle, the Secretary shall 25

42


make use of relevant scientific information, including 1

the plan and information gathered under subsection 2

(c). 3

(4) REQUIRED COORDINATION.—The Secretary 4

shall coordinate the stocking of fish under this sub-5

title with the State of Washington. 6

(c) RESEARCH AND MONITORING.—The Secretary 7

shall— 8

(1) continue a program of research and moni-9

toring of the impacts of fish stocking on the re-10

sources of the applicable unit of the North Cascades 11

National Park Service Complex; and 12

(2) beginning on the date that is 5 years after 13

the date of enactment of this Act and every 5 years 14

thereafter, submit to the Committee on Energy and 15

Natural Resources of the Senate and the Committee 16

on Natural Resources of the House of Representa-17

tives a report that describes the results of the re-18

search and monitoring under paragraph (1). 19

Subtitle F—Petersburg National 20

Battlefield Boundary Modification 21

SEC. 251. BOUNDARY MODIFICATION. 22

(a) IN GENERAL.—The boundary of Petersburg Na-23

tional Battlefield is modified to include the properties as 24

generally depicted on the map titled ‘‘Petersburg National 25

43


Battlefield Boundary Expansion’’, numbered 325/80,080, 1

and dated June 2007. The map shall be on file and avail-2

able for inspection in the appropriate offices of the Na-3

tional Park Service. 4

(b) ACQUISITION OF PROPERTIES.—The Secretary of 5

the Interior (referred to in this subtitle as the ‘‘Sec-6

retary’’) is authorized to acquire the lands or interests in 7

land, described in subsection (a), from willing sellers only 8

by donation, purchase with donated or appropriated funds, 9

exchange, or transfer. 10

(c) ADMINISTRATION.—The Secretary shall admin-11

ister any land or interests in land acquired under this sec-12

tion as part of the Petersburg National Battlefield in ac-13

cordance with applicable laws and regulations. 14

SEC. 252. ADMINISTRATIVE JURISDICTION TRANSFER. 15

(a) IN GENERAL.—The Secretary and the Secretary 16

of the Army are authorized to transfer administrative ju-17

risdiction for approximately 1.171 acres of land under the 18

jurisdiction of the Department of the Interior within the 19

boundary of the Petersburg National Battlefield, for ap-20

proximately 1.170 acres of land under the jurisdiction of 21

the Department of the Army within the boundary of the 22

Fort Lee Military Reservation adjacent to the boundary 23

of the Petersburg National Battlefield. 24

44


(b) MAP.—The land to be exchanged is depicted on 1

the map titled ‘‘Petersburg National Battlefield Proposed 2

Transfer of Administrative Jurisdiction’’, numbered 325/ 3

80,081, and dated October 2009. The map shall be avail-4

able for public inspection in the appropriate offices of the 5

National Park Service. 6

(c) CONDITIONS OF TRANSFER.—The transfer of ad-7

ministrative jurisdiction authorized in subsection (a) shall 8

be subject to the following conditions: 9

(1) NO REIMBURSEMENT OR CONSIDER-10

ATION.—The transfer shall occur without reimburse-11

ment or consideration. 12

(2) DEADLINE.—The Secretary and the Sec-13

retary of the Army shall complete the transfers au-14

thorized by this section not later than 120 days after 15

the funds are made available for that purpose. 16

(3) MANAGEMENT.—The land conveyed to the 17

Secretary under subsection (a) shall be included 18

within the boundary of the Petersburg National Bat-19

tlefield and shall be administered as part of the park 20

in accordance with applicable laws and regulations. 21

45


Subtitle G—Gettysburg National 1

Battlefield Boundary Modification 2

SEC. 261. GETTYSBURG NATIONAL MILITARY PARK BOUND-3

ARY REVISION. 4

Section 1 of the Act titled ‘‘An Act to revise the 5

boundary of the Gettysburg National Military Park in the 6

Commonwealth of Pennsylvania, and for other purposes’’, 7

approved August 17, 1990 (16 U.S.C. 430g–4), is amend-8

ed by adding at the end the following: 9

‘‘(d) ADDITIONAL LAND.—In addition to the land 10

identified in subsections (a) and (b), the park shall also 11

include the following, as depicted on the map titled ‘Get-12

tysburg National Military Park Proposed Boundary Addi-13

tion’, numbered 305/80,045 and dated January 2010: 14

‘‘(1) The land and interests in land commonly 15

known as the ‘Gettysburg Train Station’ and its im-16

mediate surroundings in the Borough of Gettysburg. 17

‘‘(2) The land and interests in land located 18

along Plum Run in Cumberland Township.’’. 19

SEC. 262. ACQUISITION AND DISPOSAL OF LAND. 20

Section 2 of that Act (16 U.S.C. 430g–5) is amended 21

by adding at the end of subsection (a) the following: ‘‘The 22

Secretary is also authorized to acquire publicly owned 23

property within the area defined in section 1(d)(1) by pur-24

chase, from willing sellers only, if efforts to acquire that 25

46


property without cost have been exhausted. The Secretary 1

may not acquire property within the area defined in sec-2

tion 1(d) by eminent domain.’’. 3

Subtitle H—Cane River National 4

Historical Park Curatorial Center 5

SEC. 271. COLLECTIONS CONSERVATION CENTER. 6

Section 304 of the Cane River Creole National His-7

torical Park and National Heritage Area Act (16 U.S.C. 8

410ccc–2) is amended by adding at the end the following: 9

‘‘(f) COLLECTIONS CONSERVATION CENTER.— 10

‘‘(1) IN GENERAL.—The Secretary may enter 11

into an agreement with Northwestern State Univer-12

sity (referred to in this subsection as the ‘Univer-13

sity’) to construct a facility on land owned by the 14

University to be used— 15

‘‘(A) to house the museum collection of the 16

historical park; 17

‘‘(B) to provide additional space for use by 18

the National Center for Preservation Tech-19

nology and Training; and 20

‘‘(C) to provide space to the University for 21

educational purposes relating to the Williamson 22

Museum collection, if the University pays an 23

appropriate rental fee to the National Park 24

47


Service, as determined in the agreement entered 1

into under this paragraph. 2

‘‘(2) USE OF FEE.—Proceeds from the rental 3

fees collected under paragraph (1)(C) shall be avail-4

able until expended, without further appropriation, 5

for the historical park. 6

‘‘(3) TERMS OF LEASE.—The Secretary may 7

enter into a lease with the University for a term of 8

not more than 40 years if the land made available 9

by the University under paragraph (1) is leased at 10

a nominal cost to the Secretary.’’. 11

SEC. 272. TECHNICAL CORRECTIONS. 12

The Cane River Creole National Historical Park and 13

National Heritage Area Act (16 U.S.C. 410ccc et seq.) 14

is amended— 15

(1) in the third sentence of section 304(e) (16 16

U.S.C. 410ccc–2(e)), by striking ‘‘of Technology’’ 17

and inserting ‘‘Technology’’; and 18

(2) in section 305(a) (16 U.S.C. 410ccc–3(a)), 19

by striking ‘‘interest’’ and inserting ‘‘interests’’. 20

TITLE III—SPECIAL RESOURCE 21

STUDIES 22

SEC. 301. NEW PHILADELPHIA, ILLINOIS. 23

(a) DEFINITIONS.—In this section: 24

48




(2) STUDY AREA.—The term ‘‘Study Area’’ 3

means the New Philadelphia archeological site and 4

the surrounding land in the State of Illinois. 5

(b) STUDY.—The Secretary shall conduct a special 6

resource study of the Study Area. 7

(c) CONTENTS.—In conducting the study under sub-8

section (b), the Secretary shall— 9

(1) evaluate the national significance of the 10

Study Area; 11

(2) determine the suitability and feasibility of 12

designating the Study Area as a unit of the National 13

Park System; 14

(3) consider other alternatives for preservation, 15

protection, and interpretation of the Study Area 16

by— 17

(A) Federal, State, or local governmental 18

entities; or 19

(B) private and nonprofit organizations; 20

(4) consult with— 21

(A) interested Federal, State, or local gov-22

ernmental entities; 23

(B) private and nonprofit organizations; or 24

(C) any other interested individuals; and 25

49


(5) identify cost estimates for any Federal ac-1

quisition, development, interpretation, operation, and 2

maintenance associated with the alternatives consid-3

ered under paragraph (3). 4

(d) APPLICABLE LAW.—The study required under 5

subsection (b) shall be conducted in accordance with sec-6

tion 8 of Public Law 91–383 (16 U.S.C. 1a–5). 7

(e) REPORT.—Not later than 3 years after the date 8

on which funds are first made available for the study 9

under subsection (b), the Secretary shall submit to the 10

Committee on Natural Resources of the House of Rep-11

resentatives and the Committee on Energy and Natural 12

Resources of the Senate a report containing— 13

(1) the results of the study; and 14

(2) any conclusions and recommendations of the 15

Secretary. 16

SEC. 302. GEORGE C. MARSHALL HOME, VIRGINIA. 17

(a) FINDINGS.—Congress finds that— 18

(1) General George Catlett Marshall and his 19

wife Katherine owned Dodona Manor during Mar-20

shall’s tenure as— 21

(A) the Army’s Chief of Staff from 1939 22

to 1945; 23

(B) the Secretary of State from 1947 to 24

1948; and 25

50


(C) Secretary of Defense from 1950 to 1

1951; 2

(2) General Marshall served in the Federal 3

Government during a period in which the United 4

States faced the challenges of— 5

(A) fighting and winning a world war; and 6

(B) developing a global recovery plan to 7

defend the free world from the emerging Cold 8

War; 9

(3) Dodona Manor— 10

(A) was built in 3 stages; and 11

(B) has been impeccably restored to mu-12

seum standards with the original Marshall fur-13

nishing; 14

(4) the impeccable restoration of Dodona 15

Manor preserves the integrity of the homelife of 16

General Marshall so that Dodona Manor accurately 17

presents a picture of an American hero to present 18

and future generations; 19

(5) during his time at Dodona Manor, General 20

Marshall was awarded the Nobel Peace Prize for 21

leadership and actions that have relevance in the 22

current troubling times; and 23

(6) Dodona Manor— 24

51


(A) displays in a pastoral and educational 1

format how the Marshall family solely dedicated 2

themselves to public service while living in har-3

mony with the heritage of Virginia; and 4

(B) shows how Marshall embraced his per-5

sonal passion of gardening in a way that would 6

inspire visitors. 7

(b) STUDY.—The Secretary of the Interior (referred 8

to in this section as the ‘‘Secretary’’) shall conduct a spe-9

cial resource study of the Dodona Manor and gardens in 10

Leesburg, Virginia, the home of George C. Marshall dur-11

ing the most important period of Marshall’s career (re-12

ferred to in this section as the ‘‘study area’’). 13

(c) CONTENTS.—In conducting the study under sub-14

section (b), the Secretary shall— 15


study area and the surrounding area; 17


designating the study area as an affiliated area of 19

the National Park System; 20

(3) consider other alternatives for the preserva-21

tion, protection, and interpretation of the study area 22

by— 23

(A) the Federal Government; 24

(B) State or local governmental entities; or 25

52


(C) private or nonprofit organizations; 1

(4) consult with interested— 2

(A) Federal, State, or local governmental 3

entities; 4

(B) private or nonprofit organizations; or 5

(C) any other interested individuals; and 6




ered under paragraph (3). 10

(d) APPLICABLE LAW.—The study required under 11

subsection (b) shall be conducted in accordance with sec-12



on which funds are first made available to carry out the 15

study under subsection (b), the Secretary shall submit to 16

the Committee on Energy and Natural Resources of the 17

Senate and the Committee on Natural Resources of the 18

House of Representatives a report that contains a descrip-19

tion of— 20

(1) the results of the study; and 21


Secretary. 23

53


SEC. 303. HEART MOUNTAIN RELOCATION CENTER, WYO-1

MING. 2

(a) STUDY.—The Secretary of the Interior shall con-3

duct a special resource study of the Heart Mountain Relo-4

cation Center, in Park County, Wyoming. 5

(b) CONTENTS.—In conducting the study under sub-6

section (a), the Secretary shall— 7


Heart Mountain Relocation Center and surrounding 9

area; 10


designating the Heart Mountain Relocation Center 12

as a unit of the National Park System; 13


protection, and interpretation of the site by Federal, 15

State, or local governmental entities, or private and 16

nonprofit organizations; 17



maintenance associated with the alternatives; 20

(5) identify any potential impacts of designation 21

of the site as a unit of the National Park System 22

on private landowners; and 23

(6) consult with interested Federal, State, or 24

local governmental entities, federally recognized In-25

dian tribes, private and nonprofit organizations, 26

54


owners of private property that may be affected by 1

any such designation, or any other interested indi-2

viduals. 3

(c) APPLICABLE LAW.—The study required under 4

subsection (a) shall be conducted in accordance with sec-5


(d) REPORT.—Not later than 3 years after the date 7


under subsection (a), the Secretary shall submit to the 9



Resources of the Senate a report containing the results 12

of the study and any conclusions and recommendations of 13

the Secretary. 14

SEC. 304. COLONEL CHARLES YOUNG HOME, OHIO. 15

(a) STUDY.—The Secretary of the Interior (referred 16

to in this section as the ‘‘Secretary’’), in consultation with 17

the Secretary of the Army, shall conduct a special resource 18

study of the Colonel Charles Young Home, a National His-19

toric Landmark in Xenia, Ohio (referred to in this section 20

as the ‘‘Home’’). 21

(b) CONTENTS.—In conducting the study under sub-22

section (a), the Secretary shall— 23

(1) evaluate any architectural and archeological 24

resources of the Home; 25

55



designating the Home as a unit of the National 2

Park System; 3


protection, and interpretation of the Home by Fed-5

eral, State, or local governmental entities or private 6

and nonprofit organizations, including the use of 7

shared management agreements with the Dayton 8

Aviation Heritage National Historical Park or spe-9

cific units of that Park, such as the Paul Laurence 10

Dunbar Home; 11

(4) consult with the Ohio Historical Society, 12

Central State University, Wilberforce University, 13

and other interested Federal, State, or local govern-14

mental entities, private and nonprofit organizations, 15

or individuals; and 16




ered under the study. 20

(c) APPLICABLE LAW.—The study required under 21

subsection (a) shall be conducted in accordance with sec-22


(d) REPORT.—Not later than 3 years after the date 24


56


under subsection (a), the Secretary shall submit to the 1



Resources of the Senate a report that contains— 4

(1) the results of the study under subsection 5

(a); and 6


Secretary. 8

SEC. 305. UNITED STATES CIVIL RIGHTS TRAIL. 9

(a) STUDY REQUIRED.—The Secretary of the Inte-10

rior shall conduct a special resource study for the purpose 11

of evaluating a range of alternatives for protecting and 12

interpreting sites associated with the struggle for civil 13

rights in the United States, including alternatives for po-14

tential addition of some or all of the sites to the National 15

Trails System. 16

(b) CONSULTATION.—The Secretary shall conduct 17

the special resource study in consultation with appropriate 18

Federal, State, county, and local governmental entities. 19

(c) STUDY REQUIREMENTS.—The Secretary shall 20

conduct the study required under subsection (a) in accord-21

ance with section 8(c) of Public Law 91–383 (16 U.S.C. 22

1a–5(c)) and section 5(b) of the National Trails System 23

Act (16 U.S.C. 1244(b)), as appropriate. 24

57


(d) STUDY OBJECTIVES.—In conducting the special 1

resource study, the Secretary shall evaluate alternatives 2

for achieving the following objectives: 3

(1) Identifying the resources and historic 4

themes associated with the movement to secure ra-5

cial equality in the United States for African Ameri-6

cans that, focusing on the period from 1954 through 7

1968, challenged the practice of racial segregation in 8

the Nation and achieved equal rights for all Amer-9

ican citizens. 10

(2) Making a review of existing studies and re-11

ports, such as the Civil Rights Framework Study, to 12

complement and not duplicate other studies of the 13

historical importance of the civil rights movements 14

that may be underway or undertaken. 15

(3) Establishing connections with agencies, or-16

ganizations, and partnerships already engaged in the 17

preservation and interpretation of various trails and 18

sites dealing with the civil rights movement. 19

(4) Protecting historically significant land-20

scapes, districts, sites, and structures. 21

(5) Identifying alternatives for preservation and 22

interpretation of the sites by the National Park 23

Service, other Federal, State, or local governmental 24

entities, or private and nonprofit organizations, in-25

58


cluding the potential inclusion of some or all of the 1

sites in a National Civil Rights Trail. 2

(6) Identifying cost estimates for any necessary 3

acquisition, development, interpretation, operation, 4

and maintenance associated with the alternatives de-5

veloped under the special resource study. 6


on which funds are made available to carry out this sec-8

tion, the Secretary shall submit to the Committee on Nat-9

ural Resources of the House of Representatives and the 10

Committee on Energy and Natural Resources of the Sen-11

ate a report containing the results of the study conducted 12

under subsection (c) and any recommendations of the Sec-13

retary with respect to the route. 14

SEC. 306. CAMP HALE, COLORADO. 15


(1) CAMP HALE.—The term ‘‘Camp Hale’’ 17

means the area comprising approximately 200,000 18

acres on the White River and San Isabel National 19

Forests in west-central Colorado located within por-20

tions of Eagle, Lake, Pitkin, and Summit counties. 21

(2) SECRETARIES.—The term ‘‘Secretaries’’ 22

means the Secretary of the Interior and the Sec-23

retary of Agriculture, acting jointly. 24

59


(b) STUDY.—The Secretaries shall conduct a study 1

of Camp Hale to determine— 2

(1) the suitability and feasibility of designating 3

Camp Hale as a unit of the National Park System, 4

in accordance with section 8(c) of Public Law 91– 5

383 (16 U.S.C. 1a–5(c)); or 6

(2) any other designation or management op-7

tion that would provide for the protection of re-8

sources within Camp Hale, including continued man-9

agement of Camp Hale by the Forest Service. 10

(c) REQUIRED ANALYSIS.—The study under sub-11

section (b) shall include an analysis of— 12

(1) the significance of Camp Hale in relation to 13

national security during World War II and the Cold 14

War, including— 15

(A) the use of Camp Hale for training of 16

the 10th Mountain Division and other elements 17

of the United States Armed Forces; and 18

(B) the use of Camp Hale for training by 19

the Central Intelligence Agency of Tibetan refu-20

gees seeking to resist the Chinese occupation of 21

Tibet; 22

(2) opportunities for public enjoyment and 23

recreation at Camp Hale; and 24

60


(3) any operational, management, or private 1

property issues relating to Camp Hale. 2

(d) CONGRESSIONAL INTENT.—It is the intent of 3

Congress that, in conducting the study under subsection 4

(b), the Secretaries not propose any designation that 5

would affect valid existing rights, including— 6

(1) all interstate water compacts in existence on 7

the date of enactment of this Act (including full de-8

velopment of any apportionment made in accordance 9

with the compacts); 10

(2) water rights— 11

(A) decreed at Camp Hale; or 12

(B) flowing within, below, or through 13

Camp Hale; 14

(3) water rights in the State of Colorado; 15

(4) water rights held by the United States; and 16

(5) the management and operation of any res-17

ervoir, including the storage, management, release, 18

or transportation of water. 19


on which funds are made to available to carry out this 21

section, the Secretaries shall submit to the Committee on 22

Energy and Natural Resources of the Senate and the 23


resentatives— 25

61


(1) the study conducted under this section; and 1

(2) any recommendations of the Secretaries re-2

lating to Camp Hale. 3

(f) AUTHORIZATION OF APPROPRIATIONS.—There 4

are authorized to be appropriated such sums as are nec-5

essary to carry out this section. 6

TITLE IV—BLACK REVOLU-7

TIONARY WAR PATRIOTS ME-8

MORIAL 9

SEC. 401. FINDING. 10

Congress finds that the contributions of free persons 11

and slaves who fought during the American Revolution 12

were of preeminent historical and lasting significance to 13

the United States, as required by section 8908(b)(1) of 14

title 40, United States Code. 15



(1) FEDERAL LAND.— 18

(A) IN GENERAL.—The term ‘‘Federal 19

land’’ means the parcel of land— 20

(i) identified as ‘‘Area I’’; and 21

(ii) depicted on the map numbered 22

869/86501B and dated June 24, 2003. 23

(B) EXCLUSION.—The term ‘‘Federal 24

land’’ does not include the Reserve (as defined 25

62


in section 8902(a) of title 40, United States 1

Code). 2

(2) MEMORIAL.—The term ‘‘memorial’’ means 3

the memorial authorized to be established under sec-4

tion 403(a). 5

SEC. 403. MEMORIAL AUTHORIZATION. 6

(a) AUTHORIZATION.—In accordance with sub-7

sections (b) and (c), National Mall Liberty Fund D.C. 8

may establish a memorial on Federal land in the District 9

of Columbia to honor the more than 5,000 courageous 10

slaves and free Black persons who served as soldiers and 11

sailors or provided civilian assistance during the American 12

Revolution. 13

(b) PROHIBITION ON USE OF FEDERAL FUNDS.— 14

National Mall Liberty Fund D.C. may not use Federal 15

funds to establish the memorial. 16

(c) APPLICABLE LAW.—National Mall Liberty Fund 17

D.C. shall establish the memorial in accordance with chap-18

ter 89 of title 40, United States Code. 19

SEC. 404. REPEAL OF JOINT RESOLUTIONS. 20

Public Law 99–558 (110 Stat. 3144) and Public Law 21

100–265 (102 Stat. 39) are repealed. 22

63


TITLE V—GENERAL 1

AUTHORITIES 2

Subtitle A—Revolutionary War and 3

War of 1812 American Battle-4

field Funding 5

SEC. 501. REVOLUTIONARY WAR AND WAR OF 1812 AMER-6

ICAN BATTLEFIELD PROTECTION. 7

Section 7301(c) of the Omnibus Public Land Man-8

agement Act of 2009 (Public Law 111–11) is amended 9

as follows: 10

(1) In paragraph (1)— 11

(A) by striking subparagraph (A) and in-12

serting the following: 13

‘‘(A) BATTLEFIELD REPORT.—The term 14

‘‘battlefield report’’ means, collectively— 15

‘‘(i) the report entitled ‘Report on the 16

Nation’s Civil War Battlefields’, prepared 17

by the Civil War Sites Advisory Commis-18

sion, and dated July 1993; and 19

‘‘(ii) the report entitled ‘Report to 20

Congress on the Historic Preservation of 21

Revolutionary War and War of 1812 Sites 22

in the United States’, prepared by the Na-23

tional Park Service, and dated September 24

2007.’’; and 25

64


(B) in subpagraph (C)(ii), by striking 1

‘‘Battlefield Report’’ and inserting ‘‘battlefield 2

report’’. 3

(2) In paragraph (2), by inserting ‘‘eligible sites 4

or’’ after ‘‘acquiring’’. 5

(3) In paragraph (3), by inserting ‘‘an eligible 6

site or’’ after ‘‘acquire’’. 7

(4) In paragraph (4), by inserting ‘‘an eligible 8

site or’’ after ‘‘acquiring’’. 9

(5) In paragraph (5), by striking ‘‘An’’ and in-10

serting ‘‘An eligible site or an’’. 11

(6) By redesignating paragraph (6) as para-12

graph (8). 13

(7) By inserting after paragraph (5) the fol-14

lowing new paragraphs: 15

‘‘(6) WILLING SELLERS.—Acquisition of land 16

or interests in land under this subsection shall be 17

from willing sellers only. 18

‘‘(7) REPORT.—Not later than 5 years after the 19

date of the enactment of this subsection, the Sec-20

retary shall submit to Congress a report on the ac-21

tivities carried out under this subsection, including 22

a description of— 23

‘‘(A) preservation activities carried out at 24

the battlefields and associated sites identified in 25

65


the battlefield report during the period between 1

publication of the battlefield report and the re-2

port required under this paragraph; 3

‘‘(B) changes in the condition of the bat-4

tlefields and associated sites during that period; 5

and 6

‘‘(C) any other relevant developments re-7

lating to the battlefields and associated sites 8

during that period.’’. 9

(8) By striking paragraph (8) (as redesignated 10

by paragraph (6)) and inserting the following: 11

‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 12

There are authorized to be appropriated to the Sec-13

retary to provide grants under this subsection for 14

each of fiscal years 2010 through 2020— 15

‘‘(A) $10,000,000 for the protection of 16

Civil War battlefields; and 17

‘‘(B) $10,000,000 for the protection of 18

Revolutionary War and War of 1812 battle-19

fields.’’. 20

Subtitle B—National Park Service 21

Miscellaneous Authorizations 22

SEC. 511. NATIONAL PARK SYSTEM AUTHORITIES. 23

(a) NATIONAL PARK SYSTEM ADVISORY BOARD.— 24

Section 3(f) of the Act entitled, ‘‘An Act to provide for 25

66


the preservation of historic American sites, buildings, ob-1

jects, and antiquities of national significance, and for 2

other purposes’’, approved August 21, 1935 (16 U.S.C. 3

463(f)), is amended in the first sentence by striking 4

‘‘2010’’ and inserting ‘‘2020’’. 5

(b) NATIONAL PARK SERVICE CONCESSIONS MAN-6

AGEMENT ADVISORY BOARD.—Section 409(d) of the Na-7

tional Park Service Concessions Management Improve-8

ment Act of 1998 (Public Law 105–391) is amended by 9

striking ‘‘2009’’ and inserting ‘‘2019’’. 10

(c) NATIONAL PARK SYSTEM UNIFORM PEN-11

ALTIES.— 12

(1) FINES AND IMPRISONMENT.—The first sec-13

tion of the Act entitled, ‘‘An Act to provide for the 14

protection of national military parks, national parks, 15

battlefield sites, national monuments, and miscella-16

neous memorials under the control of the War De-17

partment’’, approved March 2, 1933 (47 Stat. 1420, 18

ch. 180), is amended by striking ‘‘such fine and im-19

prisonment.’’ and inserting ‘‘such fine and imprison-20

ment; except if the violation occurs within a park, 21

site, monument, or memorial that is part of the Na-22

tional Park System, where violations shall be subject 23

to the penalty provision set forth in section 3 of the 24

Act of August 25, 1916 (16 U.S.C. 3; commonly 25

67


known as the ‘National Park Service Organic Act’) 1

and section 3571 of title 18, United States Code.’’. 2

(2) COST OF PROCEEDINGS.—Section 2(k) of 3

the Act entitled, ‘‘An Act to provide for the preser-4

vation of historic American sites, buildings, objects, 5

and antiquities of national significance, and for 6

other purposes’’, approved August 21, 1935 (16 7

U.S.C. 462(k)), is amended by striking ‘‘cost of the 8

proceedings.’’ and inserting ‘‘cost of the proceedings; 9

except if the violation occurs within an area that is 10

part of the National Park System, where violations 11

shall be subject to the penalty provision set forth in 12

section 3 of the Act of August 25, 1916 (16 U.S.C. 13

3; commonly known as the ‘National Park Service 14

Organic Act’), and section 3571 of title 18, United 15

States Code.’’. 16

(d) VOLUNTEERS IN THE PARKS.—Section 4 of the 17

Volunteers in the Parks Act of 1969 (16 U.S.C. 18j) is 18

amended by striking ‘‘$3,500,000’’ and inserting 19

‘‘$10,000,000’’. 20

SEC. 512. PEARL HARBOR TICKETING. 21




68


(2) PEARL HARBOR HISTORIC SITE.—The term 1

‘‘Pearl Harbor historic site’’ means a historic attrac-2

tion within the Pearl Harbor Naval Complex, includ-3

ing the USS Bowfin Submarine Museum and Park, 4

the Battleship Missouri Memorial, the Pacific Avia-5

tion Museum—Pearl Harbor, and any other historic 6

attraction that the Secretary identifies as a Pearl 7

Harbor historic site and that is not administered or 8

managed by the Secretary. 9

(3) VISITOR CENTER.—The term ‘‘visitor cen-10

ter’’ means the visitor center located within the 11

Pearl Harbor Naval Complex on lands that are with-12

in the World War II Valor in the Pacific National 13

Monument and managed by the Secretary through 14

the National Park Service. 15

(b) FACILITATION OF ADMISSION TO HISTORIC AT-16

TRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX.— 17

(1) IN GENERAL.—The Secretary, in managing 18

the World War II Valor in the Pacific National 19

Monument, may enter into an agreement with the 20

nonprofit organizations or other legally recognized 21

entities that are authorized to administer or manage 22

a Pearl Harbor historic site— 23

(A) to allow visitors to a Pearl Harbor his-24

toric site to gain access to the site by passing 25

69


through security screening at the Visitor Cen-1

ter; and 2

(B) to allow the sale of tickets to a Pearl 3

Harbor historic site within the Visitor Center 4

by employees of the National Park Service or 5

by organizations that administer or manage a 6

Pearl Harbor historic site. 7

(2) TERMS AND CONDITIONS.—In any agree-8

ment entered into pursuant to this section, the Sec-9

retary— 10

(A) shall require the organization admin-11

istering or managing a Pearl Harbor historic 12

site to pay to the Secretary a reasonable fee to 13

recover administrative costs associated with the 14

use of the Visitor Center for public access and 15

ticket sales, the proceeds of which shall remain 16

available, without further appropriation, for use 17

by the National Park Service at the World War 18

II Valor in the Pacific National Monument; 19

(B) shall ensure the limited liability of the 20

United States arising from the admission of the 21

public through the Visitor Center to a Pearl 22

Harbor historic site and the sale or issuance of 23

any tickets to the site; and 24

70


(C) may include any other terms and con-1

ditions the Secretary deems appropriate. 2

(3) LIMITATION OF AUTHORITY.—Under this 3

section, the Secretary shall have no authority— 4

(A) to regulate or approve the rates for ad-5

mission to an attraction within the Pearl Har-6

bor historic site; 7

(B) to regulate or manage any visitor serv-8

ices of any historic sites within the Pearl Har-9

bor Naval Complex other than at those sites 10

managed by the National Park Service as part 11

of World War II Valor in the Pacific National 12

Monument; or 13

(C) to charge an entrance fee for admis-14

sion to the World War II Valor in the Pacific 15

National Monument. 16

(c) PROTECTION OF RESOURCES.—Nothing in this 17

section authorizes the Secretary or any organization that 18

administers or manages a Pearl Harbor historic site to 19

take any action in derogation of the preservation and pro-20

tection of the values and resources of the World War II 21

Valor in the Pacific National Monument. 22

SEC. 513. CHANGES TO NATIONAL PARK UNITS. 23

(a) GEORGE WASHINGTON MEMORIAL PARKWAY.— 24

71


(1) PURPOSE.—The purpose of this subsection 1

is to authorize, direct, facilitate, and expedite the 2

transfer of administrative jurisdiction of certain 3

Federal land in accordance with the terms and con-4

ditions of this subsection. 5

(2) DEFINITIONS.—In this subsection: 6

(A) FARM.—The term ‘‘Farm’’ means the 7

Claude Moore Colonial Farm. 8

(B) MAP.—The term ‘‘Map’’ means the 9

map titled ‘‘GWMP—Claude Moore Proposed 10

Boundary Adjustment’’, numbered 850/82003, 11

and dated April 2004. The map shall be avail-12

able for public inspection in the appropriate of-13

fices of the National Park Service, Department 14

of the Interior. 15

(C) RESEARCH CENTER.—The term ‘‘Re-16

search Center’’ means the Federal Highway Ad-17

ministration’s Turner-Fairbank Highway Re-18

search Center. 19

(D) SECRETARY.—The term ‘‘Secretary’’ 20

means the Secretary of the Interior. 21

(3) ADMINISTRATIVE JURISDICTION TRANS-22

FER.— 23

(A) TRANSFER OF JURISDICTION.— 24

72


(i) IN GENERAL.—The Secretary and 1

the Secretary of Transportation are au-2

thorized to transfer administrative jurisdic-3

tion for approximately 0.342 acre of land 4

under the jurisdiction of the Department 5

of the Interior within the boundary of the 6

George Washington Memorial Parkway, 7

generally depicted as ‘‘B’’ on the Map, for 8

approximately 0.479 acre within the 9

boundary of the Research Center land 10

under the jurisdiction of the Department 11

of Transportation adjacent to the bound-12

ary of the George Washington Memorial 13

Parkway, generally depicted as ‘‘A’’ on the 14

Map. 15

(ii) USE RESTRICTION.—The Sec-16

retary shall restrict the use of 0.139 acre 17

of land within the boundary of the George 18

Washington Memorial Parkway imme-19

diately adjacent to part of the north perim-20

eter fence of the Research Center, gen-21

erally depicted as ‘‘C’’ on the Map, by pro-22

hibiting the storage, construction, or in-23

stallation of any item that may obstruct 24

73


the view from the Research Center into the 1

George Washington Memorial Parkway. 2

(B) REIMBURSEMENT OR CONSIDER-3

ATION.—The transfer of administrative jurisdic-4

tion under this section shall occur without reim-5

bursement or consideration. 6

(C) COMPLIANCE WITH AGREEMENT.— 7

(i) AGREEMENT.—The National Park 8

Service and the Federal Highway Adminis-9

tration shall comply with all terms and 10

conditions of the Agreement entered into 11

by the parties on September 11, 2002, re-12

garding the transfer of administrative ju-13

risdiction, management, and maintenance 14

of the lands discussed in the Agreement. 15

(ii) ACCESS TO LAND.—The Secretary 16

shall allow the Research Center access to 17

the land the Secretary restricts under sub-18

paragraph (A)(ii) for purposes of mainte-19

nance in accordance with National Park 20

Service standards, which includes grass 21

mowing and weed control, tree mainte-22

nance, fence maintenance, and visual ap-23

pearance. No tree 6 inches or more in di-24

ameter shall be pruned or removed without 25

74


the advance written permission of the Sec-1

retary. Any pesticide use must be approved 2

in writing by the Secretary prior to appli-3

cation of the pesticide. 4

(4) MANAGEMENT OF TRANSFERRED LANDS.— 5

(A) INTERIOR LAND.—The land trans-6

ferred to the Secretary under paragraph (3)(A) 7

shall be included in the boundaries of the 8

George Washington Memorial Parkway and 9

shall be administered by the National Park 10

Service as part of the parkway subject to appli-11

cable laws and regulations. 12

(B) TRANSPORTATION LAND.—The land 13

transferred to the Secretary of Transportation 14

under paragraph (3)(A) shall be included in the 15

boundary of the Research Center and shall be 16

removed from the boundary of the parkway. 17

(C) RESTRICTED-USE LAND.—The land 18

the Secretary has designated for restricted use 19

under paragraph (3)(A) shall be maintained by 20

the Research Center. 21

(b) DISTRICT OF COLUMBIA SNOW REMOVAL.—Sec-22

tion 3 of the Act entitled, ‘‘An Act Providing for the re-23

moval of snow and ice from the paved sidewalks of the 24

75


District of Columbia’’, approved September 16, 1922 (Sec. 1

9–603, D.C. Official Code), is amended to read as follows: 2

‘‘SEC. 3. (a) It shall be the duty of a Federal agency 3

to remove, or cause to be removed, snow, sleet, or ice from 4

paved sidewalks and crosswalks within the fire limits of 5

the District of Columbia that are— 6

‘‘(1) in front of or adjacent to buildings owned 7

by the United States and under such Federal agen-8

cy’s jurisdiction; or 9

‘‘(2) public thoroughfares in front of, around, 10

or through public squares, reservations, or open 11

spaces and that are owned by the United States and 12

under such Federal agency’s jurisdiction. 13

‘‘(b) The snow, sleet, or ice removal required by sub-14

section (a) shall occur within a reasonable time period 15

after snow or sleet ceases to fall or after ice has accumu-16

lated. In the event that snow, sleet, or ice has hardened 17

and cannot be removed, such Federal agency shall— 18

‘‘(1) make the paved sidewalks and crosswalks 19

under its jurisdiction described in subsection (a) rea-20

sonably safe for travel by the application of sand, 21

ashes, salt, or other acceptable materials; and 22

‘‘(2) as soon as practicable, thoroughly remove 23

the snow, sleet, or ice. 24

76


‘‘(c)(1) The duty of a Federal agency described in 1

subsections (a) and (b) may be delegated to another gov-2

ernmental or nongovernmental entity through a lease, con-3

tract, or other comparable arrangement. 4

‘‘(2) If two or more Federal agencies have overlap-5

ping responsibility for the same sidewalk or crosswalk they 6

may enter into an arrangement assigning responsibility.’’. 7

(c) MARTIN LUTHER KING, JR. NATIONAL HISTOR-8

ICAL PARK.— 9

(1) AMENDMENTS.—The Act entitled ‘‘An Act 10

to establish the Martin Luther King, Junior, Na-11

tional Historic Site in the State of Georgia, and for 12

other purposes’’, approved October 10, 1980 (Public 13

Law 96–428; 94 Stat. 1839) is amended— 14

(A) in the first section, by striking ‘‘the 15

map entitled ‘Martin Luther King, Junior, Na-16

tional Historic Site Boundary Map’, number 17

489/80,013B, and dated September 1992’’ and 18

inserting ‘‘the map titled ‘Martin Luther King, 19

Jr. National Historical Park’, numbered 489/ 20

80,032, and dated April 2009’’; 21

(B) by striking ‘‘Martin Luther King, Jun-22

ior, National Historic Site’’ each place it ap-23

pears and inserting ‘‘Martin Luther King, Jr. 24

National Historical Park’’; and 25

77


(C) by striking ‘‘historic site’’ each place it 1

appears and inserting ‘‘historical park’’. 2

(2) REFERENCES.—Any reference in any law 3

(other than this Act), map, regulation, document, 4

record, or other official paper of the United States 5

to the ‘‘Martin Luther King, Junior, National His-6

toric Site’’ shall be considered to be a reference to 7

the ‘‘Martin Luther King, Jr. National Historical 8

Park’’. 9

(d) LAVA BEDS NATIONAL MONUMENT WILDERNESS 10

BOUNDARY ADJUSTMENT.—The first section of the Act 11

of October 13, 1972 (Public Law 92–493; 16 U.S.C. 1132 12

note), is amended in the first sentence— 13

(1) by striking ‘‘That, in’’ and inserting the fol-14

lowing: 15

‘‘SECTION 1. In’’; and 16

(2) by striking ‘‘ten thousand acres’’ and all 17

that follows through the end of the sentence and in-18

serting ‘‘10,431 acres, as depicted within the pro-19

posed wilderness boundary on the map titled ‘Lava 20

Beds National Monument, Proposed Wilderness 21

Boundary Adjustment’, numbered 147/80,015, and 22

dated September 2005, and those lands within the 23

area generally known as the ‘Schonchin Lava Flow’, 24

comprising approximately 18,029 acres, as depicted 25

78


within the proposed wilderness boundary on the 1

map, are designated as wilderness.’’. 2

SEC. 514. TECHNICAL CORRECTIONS. 3

(a) BALTIMORE NATIONAL HERITAGE AREA.—The 4

Omnibus Public Land Management Act of 2009 (Public 5

Law 111–11) is amended— 6

(1) in sections 8005(b)(3) and 8005(b)(4) by 7

striking ‘‘Baltimore Heritage Area Association’’ and 8

inserting ‘‘Baltimore City Heritage Area Associa-9

tion’’; and 10

(2) in section 8005(i) by striking ‘‘EFFECTIVE-11

NESS’’ and inserting ‘‘FINANCIAL ASSISTANCE’’. 12

(b) MUSCLE SHOALS NATIONAL HERITAGE AREA.— 13

Section 8009(j) of the Omnibus Public Land Management 14

Act of 2009 is amended by striking ‘‘EFFECTIVENESS’’ 15

and inserting ‘‘FINANCIAL ASSISTANCE’’. 16

(c) SNAKE RIVER HEADWATERS.—Section 17

5002(c)(1) of the Omnibus Public Land Management Act 18

of 2009 is amended by striking ‘‘paragraph (205) of sec-19

tion 3(a)’’ each place it appears and inserting ‘‘paragraph 20

(206) of section 3(a)’’. 21

(d) TAUNTON RIVER.—Section 5003(b) of the Omni-22

bus Public Land Management Act of 2009 is amended by 23

striking ‘‘section 3(a)(206)’’ each place it appears and in-24

serting ‘‘section 3(a)(207)’’. 25

79


(e) CUMBERLAND ISLAND NATIONAL SEASHORE.— 1

Section 6(b) of the Act titled ‘‘An Act to establish the 2

Cumberland Island National Seashore in the State of 3

Georgia, and for other purposes’’ (Public Law 92–536) 4

is amended by striking ‘‘physiographic conditions not pre-5

vailing’’ and inserting ‘‘physiographic conditions now pre-6

vailing’’. 7

(f) NIAGARA FALLS NATIONAL HERITAGE AREA.— 8

Section 427(k) of the Consolidated Natural Resources Act 9

of 2008 (Public Law 110–229) is amended by striking 10

‘‘Except as provided for the leasing of administrative fa-11

cilities under subsection (g)(1), the’’ and inserting ‘‘The’’. 12

DIVISION B—NATIONAL WILDER-13

NESS PRESERVATION SYSTEM 14

TITLE XX—ORGAN MOUNTAINS- 15

DESERT PEAKS WILDERNESS 16


In this title: 18

(1) CONSERVATION AREA.—The term ‘‘Con-19

servation Area’’ means each of the Organ Mountains 20

National Conservation Area and the Desert Peaks 21

National Conservation Area established by section 22

2003(a). 23

80


(2) MANAGEMENT PLAN.—The term ‘‘manage-1

ment plan’’ means the management plan for the 2

Conservation Areas developed under section 2003(d). 3




of New Mexico. 7

SEC. 2002. DESIGNATION OF WILDERNESS AREAS. 8

(a) IN GENERAL.—In accordance with the Wilderness 9

Act (16 U.S.C. 1131 et seq.), the following areas in the 10

State are designated as wilderness and as components of 11

the National Wilderness Preservation System: 12

(1) ADEN LAVA FLOW WILDERNESS.—Certain 13

land administered by the Bureau of Land Manage-14

ment in Dona Ana County comprising approximately 15

27,650 acres, as generally depicted on the map enti-16

tled ‘‘Potrillo Mountains Complex’’ and dated May 17

18, 2010, which shall be known as the ‘‘Aden Lava 18

Flow Wilderness’’. 19

(2) BROAD CANYON WILDERNESS.—Certain 20




tled ‘‘Desert Peaks National Conservation Area’’ 24

81


and dated May 18, 2010, which shall be known as 1

the ‘‘Broad Canyon Wilderness’’. 2

(3) CINDER CONE WILDERNESS.—Certain land 3

administered by the Bureau of Land Management in 4

Dona Ana County comprising approximately 16,950 5

acres, as generally depicted on the map entitled 6

‘‘Potrillo Mountains Complex’’ and dated May 18, 7

2010, which shall be known as the ‘‘Cinder Cone 8

Wilderness’’. 9

(4) ORGAN MOUNTAINS WILDERNESS.—Certain 10




tled ‘‘Organ Mountains National Conservation Area’’ 14

and dated June 22, 2010, which shall be known as 15

the ‘‘Organ Mountains Wilderness’’. 16

(5) POTRILLO MOUNTAINS WILDERNESS.—Cer-17

tain land administered by the Bureau of Land Man-18

agement in Dona Ana and Luna counties comprising 19

approximately 125,850 acres, as generally depicted 20

on the map entitled ‘‘Potrillo Mountains Complex’’ 21

and dated May 18, 2010, which shall be known as 22

the ‘‘Potrillo Mountains Wilderness’’. 23

(6) ROBLEDO MOUNTAINS WILDERNESS.—Cer-24


82


agement in Dona Ana County comprising approxi-1

mately 16,950 acres, as generally depicted on the 2

map entitled ‘‘Desert Peaks National Conservation 3

Area’’ and dated May 18, 2010, which shall be 4

known as the ‘‘Robledo Mountains Wilderness’’. 5

(7) SIERRA DE LAS UVAS WILDERNESS.—Cer-6


agement in Dona Ana County comprising approxi-8


map entitled ‘‘Desert Peaks National Conservation 10

Area’’ and dated May 18, 2010, which shall be 11

known as the ‘‘Sierra de las Uvas Wilderness’’. 12

(8) WHITETHORN WILDERNESS.—Certain land 13

administered by the Bureau of Land Management in 14

Dona Ana and Luna counties comprising approxi-15


map entitled ‘‘Potrillo Mountains Complex’’ and 17

dated May 18, 2010, which shall be known as the 18

‘‘Whitethorn Wilderness’’. 19

(b) MANAGEMENT.—Subject to valid existing rights, 20

the wilderness areas designated by subsection (a) shall be 21

administered by the Secretary in accordance with this title 22

and the Wilderness Act (16 U.S.C. 1131 et seq.) except 23

that— 24

83


(1) any reference in the Wilderness Act to the 1

effective date of that Act shall be considered to be 2

a reference to the date of enactment of this Act; and 3


Secretary of Agriculture shall be considered to be a 5

reference to the Secretary of the Interior. 6

(c) INCORPORATION OF ACQUIRED LAND AND INTER-7

ESTS IN LAND.—Any land or interest in land that is with-8

in the boundary of a wilderness area designated by sub-9

section (a) that is acquired by the United States shall— 10

(1) become part of the wilderness area within 11

the boundaries of which the land is located; and 12

(2) be managed in accordance with— 13

(A) the Wilderness Act (16 U.S.C. 1131 et 14

seq.); 15

(B) this title; and 16

(C) any other applicable laws. 17

(d) GRAZING.—Grazing of livestock in the wilderness 18

areas designated by subsection (a), where established be-19

fore the date of enactment of this Act, shall be adminis-20

tered in accordance with— 21

(1) section 4(d)(4) of the Wilderness Act (16 22

U.S.C. 1133(d)(4)); and 23

(2) the guidelines set forth in Appendix A of 24

the Report of the Committee on Interior and Insular 25

84


Affairs to accompany H.R. 2570 of the 101st Con-1

gress (H. Rept. 101–405). 2

(e) MILITARY OVERFLIGHTS.—Nothing in this sec-3

tion restricts or precludes— 4

(1) low-level overflights of military aircraft over 5

the wilderness areas designated by subsection (a), 6

including military overflights that can be seen or 7

heard within the wilderness areas; 8

(2) the designation of new units of special air-9

space over the wilderness areas or wilderness addi-10

tions designated by this title; or 11

(3) the use or establishment of military flight 12

training routes over wilderness areas or wilderness 13

additions designated by this title. 14

(f) BUFFER ZONES.— 15

(1) IN GENERAL.—Nothing in this section cre-16

ates a protective perimeter or buffer zone around 17

any wilderness area designated by subsection (a). 18

(2) ACTIVITIES OUTSIDE WILDERNESS 19

AREAS.—The fact that an activity or use on land 20

outside any wilderness area designated by subsection 21

(a) can be seen or heard within the wilderness area 22

shall not preclude the activity or use outside the 23

boundary of the wilderness area. 24

85


(g) PERMIT AUTHORIZATION.—The Secretary may 1

continue to authorize the competitive running event per-2

mitted from 1970 through 2010 in the vicinity of the 3

boundaries of the Organ Mountains Wilderness designated 4

by subsection (a)(4) in a manner compatible with the pres-5

ervation of the area as wilderness. 6

(h) POTENTIAL WILDERNESS AREA.— 7

(1) ROBLEDO MOUNTAINS POTENTIAL WILDER-8

NESS AREA.— 9

(A) IN GENERAL.—Certain land adminis-10

tered by the Bureau of Land Management, 11

comprising approximately 100 acres as gen-12

erally depicted as ‘‘Potential Wilderness’’ on the 13

map entitled ‘‘Desert Peaks National Conserva-14

tion Area’’ and dated May 18, 2010, is des-15

ignated as a potential wilderness area. 16

(B) USES.—The Secretary shall permit 17

only such uses on the land described in sub-18

paragraph (A) that were permitted on the date 19

of enactment of this Act. 20

(C) DESIGNATION AS WILDERNESS.— 21

(i) IN GENERAL.—On the date on 22

which the Secretary publishes in the Fed-23

eral Register the notice described in clause 24

86


(ii), the potential wilderness area des-1

ignated under subparagraph (A) shall be— 2

(I) designated as wilderness and 3

as a component of the National Wil-4

derness Preservation System; and 5

(II) incorporated into the 6

Robledo Mountains Wilderness des-7

ignated by subsection (a)(6). 8

(ii) NOTICE.—The notice referred to 9

in clause (i) is notice that— 10

(I) the communications site with-11

in the potential wilderness area des-12

ignated under subparagraph (A) is no 13

longer used; 14

(II) the associated right-of-way is 15

relinquished or not renewed; and 16

(III) the conditions in the poten-17

tial wilderness area designated by sub-18

paragraph (A) are compatible with the 19

Wilderness Act (16 U.S.C. 1131 et 20

seq.). 21

(i) RELEASE OF WILDERNESS STUDY AREAS.—Con-22

gress finds that, for purposes of section 603(c) of the Fed-23

eral Land Policy and Management Act of 1976 (43 U.S.C. 24

1782(c)), the public land in Dona Ana County adminis-25

87


tered by the Bureau of Land Management not designated 1

as wilderness by subsection (a)— 2

(1) has been adequately studied for wilderness 3

designation; 4

(2) is no longer subject to section 603(c) of the 5

Federal Land Policy and Management Act of 1976 6

(43 U.S.C. 1782(c)); and 7

(3) shall be managed in accordance with— 8

(A) the Federal Land Policy and Manage-9

ment Act of 1976 (43 U.S.C. 1701 et seq.); 10

(B) this title; and 11


SEC. 2003. ESTABLISHMENT OF NATIONAL CONSERVATION 13

AREAS. 14

(a) ESTABLISHMENT.—The following areas in the 15

State are established as National Conservation Areas: 16

(1) ORGAN MOUNTAINS NATIONAL CONSERVA-17

TION AREA.—Certain land administered by the Bu-18

reau of Land Management in Dona Ana County 19

comprising approximately 84,950 acres, as generally 20

depicted on the map entitled ‘‘Organ Mountains Na-21

tional Conservation Area’’ and dated June 22, 2010, 22

which shall be known as the ‘‘Organ Mountains Na-23

tional Conservation Area’’. 24

88


(2) DESERT PEAKS NATIONAL CONSERVATION 1

AREA.—Certain land administered by the Bureau of 2

Land Management in Dona Ana County comprising 3

approximately 75,550 acres, as generally depicted on 4

the map entitled ‘‘Desert Peaks National Conserva-5

tion Area’’ and dated May 18, 2010, which shall be 6

known as the ‘‘Desert Peaks National Conservation 7

Area’’. 8

(b) PURPOSES.—The purposes of the Conservation 9

Areas are to conserve, protect, and enhance for the benefit 10

and enjoyment of present and future generations the cul-11

tural, archaeological, natural, geological, historical, eco-12

logical, watershed, wildlife, educational, recreational, and 13

scenic resources of the Conservation Areas. 14

(c) MANAGEMENT.— 15

(1) IN GENERAL.—The Secretary shall manage 16

the Conservation Areas— 17

(A) in a manner that conserves, protects, 18

and enhances the resources of the Conservation 19

Areas; and 20

(B) in accordance with— 21

(i) the Federal Land Policy and Man-22

agement Act of 1976 (43 U.S.C. 1701 et 23

seq.); 24

(ii) this title; and 25

89


(iii) any other applicable laws. 1

(2) USES.— 2

(A) IN GENERAL.—The Secretary shall 3

allow only such uses of the Conservation Areas 4

that the Secretary determines would further the 5

purposes described in subsection (b). 6

(B) USE OF MOTORIZED VEHICLES.— 7

(i) IN GENERAL.—Except as needed 8

for administrative purposes or to respond 9

to an emergency, the use of motorized ve-10

hicles in the Conservation Areas shall be 11

permitted only on roads designated for use 12

by motorized vehicles in the management 13

plan. 14

(ii) NEW ROADS.—No additional road 15

shall be built within the Conservation 16

Areas after the date of enactment of this 17

Act unless the road is necessary for public 18

safety or natural resource protection. 19

(C) GRAZING.—The Secretary shall permit 20

grazing within the Conservation Areas, where 21

established before the date of enactment of this 22

Act— 23

90


(i) subject to all applicable laws (in-1

cluding regulations) and Executive orders; 2

and 3

(ii) consistent with the purposes de-4

scribed in subsection (b). 5

(D) UTILITY RIGHT-OF-WAY UPGRADES.— 6

Nothing in this section precludes the Secretary 7

from renewing or authorizing the upgrading 8

(including widening) of a utility right-of-way in 9

existence as of the date of enactment of this 10

Act through the Organ Mountains National 11

Conservation Area— 12

(i) in accordance with— 13

(I) the National Environmental 14

Policy Act of 1969 (42 U.S.C. 4321 15

et seq.); and 16

(II) any other applicable law; and 17

(ii) subject to such terms and condi-18

tions as the Secretary determines to be ap-19

propriate. 20

(d) MANAGEMENT PLAN.— 21


the date of enactment of this Act, the Secretary 23

shall develop a management plan for each of the 24

Conservation Areas. 25

91


(2) CONSULTATION.—The management plans 1

shall be developed in consultation with— 2

(A) interested Federal agencies; 3

(B) State, tribal, and local governments; 4

and 5

(C) the public. 6

(3) CONSIDERATIONS.—In preparing and imple-7

menting the management plans, the Secretary shall 8

consider the recommendations of Indian tribes and 9

pueblos on methods for providing access to, and pro-10

tection for, traditional cultural and religious sites in 11

the Conservation Areas. 12

(e) INCORPORATION OF ACQUIRED LAND AND INTER-13

ESTS IN LAND.—Any land or interest in land that is with-14

in the boundary of a Conservation Area designated by sub-15

section (a) that is acquired by the United States shall— 16

(1) become part of the Conservation Area with-17

in the boundaries of which the land is located; and 18


(A) this title; and 20

(B) any other applicable laws. 21

(f) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 22

On the date of enactment of this Act, administrative juris-23

diction over the approximately 2,050 acres of land gen-24

erally depicted as ‘‘Transfer from DOD to BLM’’ on the 25

92


map entitled ‘‘Organ Mountains National Conservation 1

Area’’ and dated June 22, 2010, shall— 2

(1) be transferred from the Secretary of De-3

fense to the Secretary; 4

(2) become part of the Organ Mountains Na-5

tional Conservation Area; and 6


(A) this title; and 8


SEC. 2004. GENERAL PROVISIONS. 10

(a) MAPS AND LEGAL DESCRIPTIONS.— 11

(1) IN GENERAL.—As soon as practicable after 12


shall file maps and legal descriptions of the Con-14

servation Areas and the wilderness areas designated 15

by this title with— 16

(A) the Committee on Energy and Natural 17

Resources of the Senate; and 18

(B) the Committee on Natural Resources 19

of the House of Representatives. 20

(2) FORCE OF LAW.—The maps and legal de-21

scriptions filed under paragraph (1) shall have the 22

same force and effect as if included in this title, ex-23

cept that the Secretary may correct errors in the 24

maps and legal descriptions. 25

93


(3) PUBLIC AVAILABILITY.—The maps and 1

legal descriptions filed under paragraph (1) shall be 2

on file and available for public inspection in the ap-3

propriate offices of the Bureau of Land Manage-4

ment. 5

(b) NATIONAL LANDSCAPE CONSERVATION SYS-6

TEM.—The Conservation Areas and the wilderness areas 7

designated by this title shall be administered as compo-8

nents of the National Landscape Conservation System. 9

(c) FISH AND WILDLIFE.—Nothing in this title af-10

fects the jurisdiction of the State with respect to fish and 11

wildlife located on public land in the State, except that 12

the Secretary, after consultation with the New Mexico De-13

partment of Game and Fish, may designate zones where, 14

and establish periods during which, hunting, or fishing 15

shall not be allowed for reasons of public safety, adminis-16

tration, the protection for nongame species and their habi-17

tats, or public use and enjoyment. 18

(d) WITHDRAWALS.— 19

(1) IN GENERAL.—Subject to valid existing 20

rights, the Federal land within the Conservation 21

Areas, the wilderness areas designated by this title, 22

and any land or interest in land that is acquired by 23

the United States in the Conservation Areas or wil-24

94


derness areas after the date of enactment of this Act 1

is withdrawn from— 2

(A) entry, appropriation, or disposal under 3

the public land laws; 4

(B) location, entry, and patent under the 5

mining laws; and 6

(C) operation of the mineral leasing, min-7

eral materials, and geothermal leasing laws. 8

(2) PARCEL A.—The approximately 1,300 acres 9

of land generally depicted as ‘‘Parcel A’’ on the map 10

entitled ‘‘Organ Mountains National Conservation 11

Area’’ and dated June 22, 2010, is withdrawn in ac-12

cordance with paragraph (1), except that the land is 13

not withdrawn from disposal under the Act of June 14

14, 1926 (commonly known as the ‘‘Recreation and 15

Public Purposes Act’’) (43 U.S.C. 869 et seq.). 16

(3) PARCEL B.—The approximately 6,500 acres 17

of land generally depicted as ‘‘Parcel B’’ on the map 18

entitled ‘‘Organ Mountains National Conservation 19

Area’’ and dated June 22, 2010, is withdrawn in ac-20

cordance with paragraph (1), except that the land is 21

not withdrawn for purposes of the issuance of oil 22

and gas pipeline rights-of-way. 23

95


SEC. 2005. PREHISTORIC TRACKWAYS NATIONAL MONU-1

MENT BOUNDARY ADJUSTMENT. 2

Section 2103 of the Omnibus Public Land Manage-3

ment Act of 2009 (16 U.S.C. 431 note; Public Law 111– 4

11; 123 Stat. 1097) is amended by striking subsection (b) 5

and inserting the following: 6

‘‘(b) DESCRIPTION OF LAND.—The Monument shall 7

consist of approximately 5,750 acres of public land in 8

Dona Ana County, New Mexico, as generally depicted on 9

the map entitled ‘Desert Peaks National Conservation 10

Area’ and dated May 18, 2010.’’. 11

SEC. 2006. BORDER SECURITY. 12

(a) IN GENERAL.—Nothing in this title— 13

(1) prevents the Secretary of Homeland Secu-14

rity from undertaking law enforcement and border 15

security activities, in accordance with section 4(c) of 16

the Wilderness Act (16 U.S.C. 1133(c)), within the 17

areas designated as wilderness by this title, includ-18

ing the ability to use motorized access within a wil-19

derness area while in pursuit of a suspect; 20

(2) affects the 2006 Memorandum of Under-21

standing among the Department of Homeland Secu-22

rity, the Department of the Interior, and the De-23

partment of Agriculture regarding cooperative na-24

tional security and counterterrorism efforts on Fed-25

eral land along the borders of the United States; or 26

96


(3) prevents the Secretary of Homeland Secu-1

rity from conducting any low-level overflights over 2

the wilderness areas designated by this title that 3

may be necessary for law enforcement and border 4

security purposes. 5

(b) RESTRICTED USE AREA.— 6

(1) WITHDRAWAL.—The area identified as ‘‘Re-7

stricted Use Area’’ on the map entitled ‘‘Potrillo 8

Mountains Complex’’ and dated May 18, 2010 is 9

withdrawn in accordance with section 2004(d)(1). 10

(2) ADMINISTRATION.—Except as provided in 11

paragraphs (3) and (4), the Secretary shall admin-12

ister the area described in paragraph (1) in a man-13

ner that, to the maximum extent practicable, pro-14

tects the wilderness character of the area. 15

(3) USE OF MOTOR VEHICLES.—The use of 16

motor vehicles, motorized equipment, and mechan-17

ical transport shall be prohibited in the area de-18

scribed in paragraph (1) except as necessary for— 19

(A) the administration of the area (includ-20

ing the conduct of law enforcement and border 21

security activities in the area); or 22

(B) grazing uses by authorized permittees. 23

(4) EFFECT OF SUBSECTION.—Nothing in this 24

subsection precludes the Secretary from allowing 25

97


within the area described in paragraph (1) the in-1

stallation and maintenance of communication or sur-2

veillance infrastructure necessary for law enforce-3

ment or border security activities. 4

(c) RESTRICTED ROUTE.—The route excluded from 5

the Potrillo Mountains Wilderness identified as ‘‘Re-6

stricted–Administrative Access’’ on the map entitled 7

‘‘Potrillo Mountains Complex’’ and dated May 18, 2010, 8

shall be— 9

(1) closed to public access; but 10

(2) available for administrative and law enforce-11

ment uses, including border security activities. 12



as are necessary to carry out this title. 15

TITLE XXI—ALPINE LAKES 16

WILDERNESS ADDITIONS 17

SEC. 2101. EXPANSION OF ALPINE LAKES WILDERNESS. 18

(a) IN GENERAL.—There is designated as wilderness 19

and as a component of the National Wilderness Preserva-20

tion System certain Federal land in the Mount Baker- 21

Snoqualmie National Forest in the State of Washington 22

comprising approximately 22,173 acres that is within the 23

Proposed Alpine Lakes Wilderness Additions Boundary, 24

as generally depicted on the map entitled ‘‘Proposed Al-25

98


pine Lakes Wilderness Additions’’ and dated December 3, 1

2009, which is incorporated in and shall be considered to 2

be a part of the Alpine Lakes Wilderness. 3

(b) ADMINISTRATION.— 4

(1) MANAGEMENT.—Subject to valid existing 5

rights, the land designated as wilderness by sub-6

section (a) shall be administered by the Secretary of 7

Agriculture (referred to in this section as the ‘‘Sec-8

retary’’), in accordance with the Wilderness Act (16 9

U.S.C. 1131 et seq.), except that any reference in 10

that Act to the effective date of that Act shall be 11

considered to be a reference to the date of enact-12

ment of this Act. 13

(2) MAP AND DESCRIPTION.— 14

(A) IN GENERAL.—As soon as practicable 15

after the date of enactment of this Act, the Sec-16

retary shall file a map and a legal description 17

of the land designated as wilderness by sub-18

section (a) with— 19

(i) the Committee on Natural Re-20

sources of the House of Representatives; 21

and 22

(ii) the Committee on Energy and 23

Natural Resources of the Senate. 24

99


(B) FORCE OF LAW.—A map and legal de-1

scription filed under subparagraph (A) shall 2

have the same force and effect as if included in 3

this Act, except that the Secretary may correct 4

minor errors in the map and legal description. 5

(C) PUBLIC AVAILABILITY.—The map and 6

legal description filed under subparagraph (A) 7

shall be filed and made available for public in-8

spection in the appropriate office of the Forest 9

Service. 10


ESTS IN LAND.—Any land or interests in land within the 12

Proposed Alpine Lakes Wilderness Additions Boundary, 13

as generally depicted on the map entitled ‘‘Proposed Al-14

pine Lakes Wilderness Additions’’ and dated December 3, 15

2009, that is acquired by the United States shall— 16

(1) become part of the wilderness area; and 17

(2) be managed in accordance with subsection 18

(b)(1). 19

SEC. 2102. WILD AND SCENIC RIVER DESIGNATIONS. 20

Section 3(a) of the Wild and Scenic Rivers Act (16 21

U.S.C. 1274(a)) (as amended by section 205(a)) is amend-22

ed by adding at the end the following: 23

‘‘(209) MIDDLE FORK SNOQUALMIE, WASH-24

INGTON.—The 27.4-mile segment from the head-25

100


waters of the Middle Fork Snoqualmie River near 1

La Bohn Gap in NE 1⁄4 sec. 20, T. 24 N., R. 13 2

E., to the northern boundary of sec. 11, T. 23 N., 3

R. 9 E., to be administered by the Secretary of Agri-4

culture in the following classifications: 5

‘‘(A) The approximately 6.4-mile segment 6

from the headwaters of the Middle Fork 7

Snoqualmie River near La Bohn Gap in NE 1⁄4 8

sec. 20, T. 24 N., R. 13 E., to the west section 9

line of sec. 3, T. 23 N., R. 12 E., as a wild 10

river. 11

‘‘(B) The approximately 21-mile segment 12

from the west section line of sec. 3, T. 23 N., 13

R. 12 E., to the northern boundary of sec. 11, 14

T. 23 N., R. 9 E., as a scenic river. 15

‘‘(210) PRATT RIVER, WASHINGTON.—The en-16

tirety of the Pratt River in the State of Washington, 17

located in the Mount Baker-Snoqualmie National 18

Forest, to be administered by the Secretary of Agri-19

culture as a wild river.’’. 20

TITLE XXII—DEVIL’S STAIRCASE 21

WILDERNESS 22


In this title: 24

101



titled ‘‘Devil’s Staircase Wilderness Proposal’’ and 2

dated June 15, 2010. 3

(2) SECRETARY.—The term ‘‘Secretary’’ 4

means— 5

(A) with respect to land under the jurisdic-6

tion of the Secretary of Agriculture, the Sec-7

retary of Agriculture; and 8

(B) with respect to land under the jurisdic-9

tion of the Secretary of the Interior, the Sec-10

retary of the Interior. 11


of Oregon. 13

(4) WILDERNESS.—The term ‘‘Wilderness’’ 14

means the Devil’s Staircase Wilderness designated 15

by section 2202(a). 16

SEC. 2202. DEVIL’S STAIRCASE WILDERNESS, OREGON. 17

(a) DESIGNATION.—In accordance with the Wilder-18

ness Act (16 U.S.C. 1131 et seq.), the approximately 19

30,540 acres of Forest Service land and Bureau of Land 20

Management land in the State, as generally depicted on 21

the map, is designated as wilderness and as a component 22

of the National Wilderness Preservation System, to be 23

known as the ‘‘Devil’s Staircase Wilderness’’. 24

(b) MAP; LEGAL DESCRIPTION.— 25

102




shall prepare a map and legal description of the Wil-3

derness. 4

(2) FORCE OF LAW.—The map and legal de-5

scription prepared under paragraph (1) shall have 6

the same force and effect as if included in this title, 7

except that the Secretary may correct clerical and 8

typographical errors in the map and legal descrip-9

tion. 10

(3) AVAILABILITY.—The map and legal descrip-11

tion prepared under paragraph (1) shall be on file 12

and available for public inspection in the appropriate 13

offices of the Forest Service and Bureau of Land 14

Management. 15

(c) ADMINISTRATION.—Subject to valid existing 16

rights, the area designated as wilderness by this section 17

shall be administered by the Secretary in accordance with 18

the Wilderness Act (16 U.S.C. 1131 et seq.), except 19

that— 20

(1) any reference in that Act to the effective 21

date shall be considered to be a reference to the date 22

of enactment of this Act; and 23

(2) any reference in that Act to the Secretary 24

of Agriculture shall be considered to be a reference 25

103


to the Secretary that has jurisdiction over the land 1

within the Wilderness. 2

(d) FISH AND WILDLIFE.—Nothing in this section 3

affects the jurisdiction or responsibilities of the State with 4

respect to fish and wildlife in the State. 5

(e) ADJACENT MANAGEMENT.— 6


ates any protective perimeter or buffer zone around 8

the Wilderness. 9

(2) ACTIVITIES OUTSIDE WILDERNESS.—The 10

fact that a nonwilderness activity or use on land out-11

side the Wilderness can be seen or heard within the 12

Wilderness shall not preclude the activity or use out-13

side the boundary of the Wilderness. 14

(f) PROTECTION OF TRIBAL RIGHTS.—Nothing in 15

this section diminishes any treaty rights of an Indian 16

tribe. 17

(g) TRANSFER OF ADMINISTRATIVE JURISDIC-18

TION.— 19

(1) IN GENERAL.—Administrative jurisdiction 20

over the approximately 49 acres of Bureau of Land 21

Management land north of the Umpqua River in sec. 22

32, T. 21 S., R. 11 W, is transferred from the Bu-23

reau of Land Management to the Forest Service. 24

104


(2) ADMINISTRATION.—The Secretary shall ad-1

minister the land transferred by paragraph (1) in 2

accordance with— 3

(A) the Act of March 1, 1911 (commonly 4

known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et 5

seq.); and 6

(B) any laws (including regulations) appli-7

cable to the National Forest System. 8

SEC. 2203. WILD AND SCENIC RIVER DESIGNATIONS, 9

WASSON CREEK AND FRANKLIN CREEK, OR-10

EGON. 11


U.S.C. 1274(a)) (as amended by section 2102) is amended 13

by adding at the end the following: 14

‘‘(211) FRANKLIN CREEK, OREGON.—The 4.5- 15

mile segment from its headwaters to the line of 16

angle points within sec. 8, T. 22 S., R. 10 W., 17

shown on the survey recorded in the Official Records 18

of Douglas County, Oregon, as M64-62, to be ad-19

ministered by the Secretary of Agriculture as a wild 20

river. 21

‘‘(212) WASSON CREEK, OREGON.—The 10.1- 22

mile segment in the following classes: 23

‘‘(A) The 4.2-mile segment from the east-24

ern boundary of sec. 17, T. 21 S., R. 9 W., 25

105


downstream to the western boundary of sec. 12, 1

T. 21 S., R. 10 W., to be administered by the 2

Secretary of the Interior as a wild river. 3

‘‘(B) The 5.9-mile segment from the west-4

ern boundary of sec. 12, T. 21 S., R. 10 W., 5

downstream to the eastern boundary of the 6

northwest quarter of sec. 22, T. 21 S., R. 10 7

W., to be administered by the Secretary of Ag-8

riculture as a wild river.’’. 9

TITLE XXIII—IDAHO 10

WILDERNESS WATER FACILITIES 11

SEC. 2301. TREATMENT OF EXISTING WATER DIVERSIONS 12

IN FRANK CHURCH-RIVER OF NO RETURN 13

WILDERNESS AND SELWAY-BITTERROOT WIL-14

DERNESS, IDAHO. 15

(a) AUTHORIZATION FOR CONTINUED USE.—The 16

Secretary of Agriculture is authorized to issue a special 17

use authorization to each of the 20 owners of a water stor-18

age, transport, or diversion facility (in this section referred 19

to as a ‘‘facility’’) located on National Forest System land 20

in the Frank Church-River of No Return Wilderness or 21

the Selway-Bitterroot Wilderness (as identified on the 22

map titled ‘‘Unauthorized Private Water Diversions lo-23

cated within the Frank Church River of No Return Wil-24

derness’’, dated December 14, 2009, or the map titled 25

106


‘‘Unauthorized Private Water Diversions located within 1

the Selway-Bitterroot Wilderness’’, dated December 11, 2

2009) for the continued operation, maintenance, and re-3

construction of the facility if the Secretary determines 4

that— 5

(1) the facility was in existence on the date on 6

which the land upon which the facility is located was 7

designated as part of the National Wilderness Pres-8

ervation System (in this section referred to as ‘‘the 9

date of designation’’); 10

(2) the facility has been in substantially contin-11

uous use to deliver water for the beneficial use on 12

the owner’s non-Federal land since the date of des-13

ignation; 14

(3) the owner of the facility holds a valid water 15

right for use of the water on the owner’s non-Fed-16

eral land under Idaho State law, with a priority date 17

that predates the date of designation; and 18

(4) it is not practicable or feasible to relocate 19

the facility to land outside of the wilderness and 20

continue the beneficial use of water on the non-Fed-21

eral land recognized under State law. 22

(b) TERMS AND CONDITIONS.— 23

(1) EQUIPMENT, TRANSPORT, AND USE TERMS 24

AND CONDITIONS.—In a special use authorization 25

107


issued under subsection (a), the Secretary is author-1

ized to— 2

(A) allow use of motorized equipment and 3

mechanized transport for operation, mainte-4

nance, or reconstruction of a facility, if the Sec-5

retary determines that— 6

(i) the use is necessary to allow the 7

facility to continue delivery of water to the 8

non-Federal land for the beneficial uses 9

recognized by the water right held under 10

Idaho State law; and 11

(ii) after conducting a minimum tool 12

analysis for the facility, the use of non-13

motorized equipment and nonmechanized 14

transport is impracticable or infeasible; 15

and 16

(B) preclude use of the facility for the 17

storage, diversion, or transport of water in ex-18

cess of the water right recognized by the State 19

of Idaho on the date of designation. 20

(2) ADDITIONAL TERMS AND CONDITIONS.—In 21

a special use authorization issued under subsection 22

(a), the Secretary is authorized to— 23

(A) require or allow modification or reloca-24

tion of the facility in the wilderness, as the Sec-25

108


retary determines necessary, to reduce impacts 1

to wilderness values set forth in section 2 of the 2

Wilderness Act (16 U.S.C. 1131) if the bene-3

ficial use of water on the non-Federal land is 4

not diminished; and 5

(B) require that the owner provide a recip-6

rocal right of access across the non-Federal 7

property, in which case, the owner shall receive 8

market value for any right-of-way or other in-9

terest in real property conveyed to the United 10

States, and market value may be paid by the 11

Secretary, in whole or in part, by the grant of 12

a reciprocal right-of-way, or by reduction of fees 13

or other costs that may accrue to the owner to 14

obtain the authorization for water facilities. 15

DIVISION C—FOREST SERVICE 16

AUTHORIZATIONS 17

TITLE XXX—CHIMNEY ROCK NA-18

TIONAL MONUMENT AUTHOR-19

IZATION 20


In this title: 22

(1) NATIONAL MONUMENT.—The term ‘‘na-23

tional monument’’ means the Chimney Rock Na-24

tional Monument established by section 3002(a). 25

109





of Colorado. 4

SEC. 3002. ESTABLISHMENT OF CHIMNEY ROCK NATIONAL 5

MONUMENT. 6

(a) ESTABLISHMENT.—There is established in the 7

State the Chimney Rock National Monument— 8

(1) to preserve, protect, and restore the archeo-9

logical, cultural, historic, geologic, hydrologic, nat-10

ural, educational, and scenic resources of Chimney 11

Rock and adjacent land; and 12

(2) to provide for public interpretation and 13

recreation consistent with the protection of the re-14

sources described in paragraph (1). 15

(b) BOUNDARIES.— 16

(1) IN GENERAL.—The national monument 17

shall consist of approximately 4,726 acres of land 18

and interests in land, as generally depicted on the 19

map entitled ‘‘Boundary Map, Chimney Rock Na-20

tional Monument’’ and dated January 5, 2010. 21

(2) MINOR ADJUSTMENTS.—The Secretary may 22

make minor adjustments to the boundary of the na-23

tional monument to reflect the inclusion of signifi-24

cant archeological resources discovered after the 25

110


date of enactment of this Act on adjacent National 1

Forest System land. 2

(3) AVAILABILITY OF MAP.—The map described 3

in paragraph (1) shall be on file and available for 4

public inspection in the appropriate offices of the 5

Forest Service. 6

SEC. 3003. ADMINISTRATION. 7

(a) IN GENERAL.—The Secretary shall— 8

(1) administer the national monument— 9

(A) in furtherance of the purposes for 10

which the national monument was established; 11

and 12


(i) this title; and 14

(ii) any laws generally applicable to 15

the National Forest System; and 16

(2) allow only such uses of the national monu-17

ment that the Secretary determines would further 18

the purposes described in section 3002(a). 19

(b) TRIBAL USES.— 20

(1) IN GENERAL.—The Secretary shall admin-21

ister the national monument in accordance with— 22

(A) the Native American Graves Protection 23

and Repatriation Act (25 U.S.C. 3001 et seq.); 24

and 25

111


(B) the policy described in Public Law 95– 1

341 (commonly known as the ‘‘American Indian 2

Religious Freedom Act’’) (42 U.S.C. 1996). 3

(2) TRADITIONAL USES.—Subject to any terms 4

and conditions the Secretary determines to be nec-5

essary and in accordance with applicable law, the 6

Secretary shall allow for the continued use of the na-7

tional monument by members of Indian tribes— 8

(A) for traditional ceremonies; and 9

(B) as a source of traditional plants and 10

other materials. 11

(c) VEGETATION MANAGEMENT.—The Secretary may 12

carry out vegetation management treatments within the 13

national monument, except that the harvesting of timber 14

shall only be used if the Secretary determines that the har-15

vesting is necessary for— 16

(1) ecosystem restoration in furtherance of sec-17

tion 3002(a); or 18

(2) the control of fire, insects, or diseases. 19

(d) MOTOR VEHICLES AND MOUNTAIN BIKES.—The 20

use of motor vehicles and mountain bikes in the national 21

monument shall be limited to the roads and trails identi-22

fied by the Secretary as appropriate for the use of motor 23

vehicles and mountain bikes. 24

112


(e) GRAZING.—The Secretary shall permit grazing 1

within the national monument, where established before 2

the date of enactment of this Act— 3

(1) subject to all applicable laws (including reg-4

ulations); and 5

(2) consistent with the purposes described in 6

section 3002(a). 7

(f) UTILITY RIGHT-OF-WAY UPGRADES.—Nothing in 8

this title precludes the Secretary from renewing or author-9

izing the upgrading of a utility right-of-way in existence 10

as of the date of enactment of this Act through the na-11

tional monument— 12

(1) in accordance with— 13

(A) the National Environmental Policy Act 14

of 1969 (42 U.S.C. 4321 et seq.); and 15

(B) any other applicable law; and 16

(2) subject to such terms and conditions as the 17

Secretary determines to be appropriate. 18

(g) EDUCATION AND INTERPRETIVE CENTER.—The 19

Secretary may develop and construct an education and in-20

terpretive center to interpret the scientific and cultural re-21

sources of the national monument for the public. 22

SEC. 3004. MANAGEMENT PLAN. 23

(a) IN GENERAL.—Not later than 3 years after the 24

date of enactment of this Act, the Secretary, in consulta-25

113


tion with Indian tribes with a cultural or historic tie to 1

Chimney Rock, shall develop a management plan for the 2

national monument. 3

(b) PUBLIC COMMENT.—In developing the manage-4

ment plan, the Secretary shall provide an opportunity for 5

public comment by— 6

(1) State and local governments; 7

(2) tribal governments; and 8

(3) any other interested organizations and indi-9

viduals. 10

SEC. 3005. LAND ACQUISITION. 11

The Secretary may acquire land and any interest in 12

land within or adjacent to the boundary of the national 13

monument by— 14

(1) purchase from willing sellers with donated 15

or appropriated funds; 16

(2) donation; or 17

(3) exchange. 18

SEC. 3006. WITHDRAWAL. 19

(a) IN GENERAL.—Subject to valid existing rights, 20

all Federal land within the national monument (including 21

any land or interest in land acquired after the date of en-22

actment of this Act) is withdrawn from— 23

(1) entry, appropriation, or disposal under the 24


114



laws; and 2

(3) subject to subsection (b), operation of the 3

mineral leasing, mineral materials, and geothermal 4

leasing laws. 5

(b) LIMITATION.—Notwithstanding subsection 6

(a)(3), the Federal land is not withdrawn for the purposes 7

of issuance of gas pipeline rights-of-way within easements 8

in existence as of the date of enactment of this Act. 9

SEC. 3007. EFFECT. 10

(a) WATER RIGHTS.— 11

(1) IN GENERAL.—Nothing in this title affects 12

any valid water rights, including water rights held 13

by the United States. 14

(2) RESERVED WATER RIGHT.—The designa-15

tion of the national monument does not create a 16

Federal reserved water right. 17

(b) TRIBAL RIGHTS.—Nothing in this title affects— 18

(1) the rights of any Indian tribe on Indian 19

land; 20

(2) any individually-held trust land or Indian 21

allotment; or 22

(3) any treaty rights providing for nonexclusive 23

access to or within the national monument by mem-24

115


bers of Indian tribes for traditional and cultural 1

purposes. 2

(c) FISH AND WILDLIFE.—Nothing in this title af-3

fects the jurisdiction of the State with respect to the man-4

agement of fish and wildlife on public land in the State. 5

(d) ADJACENT USES.—Nothing in this title— 6

(1) creates a protective perimeter or buffer zone 7

around the national monument; or 8

(2) affects private property outside of the 9

boundary of the national monument. 10



as are necessary to carry out this title. 13

TITLE XXXI—NORTH FORK FLAT-14

HEAD RIVER WATERSHED 15

PROTECTION 16


In this title: 18

(1) ELIGIBLE FEDERAL LAND.—The term ‘‘eli-19

gible Federal land’’ means— 20

(A) any federally owned land or interest in 21

land depicted on the Map as within the North 22

Fork Federal Lands Withdrawal Area; or 23

(B) any land or interest in land located 24

within the North Fork Federal Lands With-25

116


drawal Area that is acquired by the Federal 1

Government after the date of enactment of this 2

Act. 3

(2) MAP.—The term ‘‘Map’’ means the Bureau 4

of Land Management map entitled ‘‘North Fork 5

Federal Lands Withdrawal Area’’ and dated June 9, 6

2010. 7


(a) WITHDRAWAL.—Subject to valid existing rights, 9

the eligible Federal land is withdrawn from— 10

(1) all forms of location, entry, and patent 11

under the mining laws; and 12

(2) disposition under all laws relating to min-13

eral leasing and geothermal leasing. 14

(b) AVAILABILITY OF MAP.—Not later than 30 days 15

after the date of enactment of this Act, the Map shall be 16

made available to the public at each appropriate office of 17

the Bureau of Land Management. 18

TITLE XXXII—LAND 19

CONVEYANCES AND EXCHANGES 20

Subtitle A—Sugar Loaf Fire 21

District Land Exchange 22



117


(1) DISTRICT.—The term ‘‘District’’ means the 1

Sugar Loaf Fire Protection District of Boulder, Col-2

orado. 3

(2) FEDERAL LAND.—The term ‘‘Federal land’’ 4

means— 5

(A) the parcel of approximately 1.52 acres 6

of land in the National Forest that is generally 7

depicted on the map numbered 1, entitled 8

‘‘Sugarloaf Fire Protection District Proposed 9

Land Exchange’’, and dated November 12, 10

2009; and 11

(B) the parcel of approximately 3.56 acres 12

of land in the National Forest that is generally 13

depicted on the map numbered 2, entitled 14

‘‘Sugarloaf Fire Protection District Proposed 15

Land Exchange’’, and dated November 12, 16

2009. 17

(3) NATIONAL FOREST.—The term ‘‘National 18

Forest’’ means the Arapaho-Roosevelt National For-19

ests located in the State of Colorado. 20

(4) NON-FEDERAL LAND.—The term ‘‘non-Fed-21

eral land’’ means the parcel of approximately 5.17 22

acres of non-Federal land in unincorporated Boulder 23

County, Colorado, that is generally depicted on the 24

map numbered 3, entitled ‘‘Sugarloaf Fire Protec-25

118


tion District Proposed Land Exchange’’, and dated 1

November 12, 2009. 2



SEC. 3202. LAND EXCHANGE. 5

(a) IN GENERAL.—Subject to the provisions of this 6

subtitle, if the District offers to convey to the Secretary 7

all right, title, and interest of the District in and to the 8

non-Federal land, and the offer is acceptable to the Sec-9

retary— 10

(1) the Secretary shall accept the offer; and 11

(2) on receipt of acceptable title to the non- 12

Federal land, the Secretary shall convey to the Dis-13

trict all right, title, and interest of the United States 14

in and to the Federal land. 15

(b) APPLICABLE LAW.—Section 206 of the Federal 16

Land Policy and Management Act of 1976 (43 U.S.C. 17

1716) shall apply to the land exchange authorized under 18

subsection (a), except that— 19

(1) the Secretary may accept a cash equali-20

zation payment in excess of 25 percent of the value 21

of the Federal land; and 22

(2) as a condition of the land exchange under 23

subsection (a), the District shall— 24

119


(A) pay each cost relating to any land sur-1

veys and appraisals of the Federal land and 2

non-Federal land; and 3

(B) enter into an agreement with the Sec-4

retary that allocates any other administrative 5

costs between the Secretary and the District. 6

(c) ADDITIONAL TERMS AND CONDITIONS.—The 7

land exchange under subsection (a) shall be subject to— 8

(1) valid existing rights; and 9

(2) any terms and conditions that the Secretary 10

may require. 11

(d) TIME FOR COMPLETION OF LAND EXCHANGE.— 12

It is the intent of Congress that the land exchange under 13

subsection (a) shall be completed not later than 1 year 14

after the date of enactment of this Act. 15

(e) AUTHORITY OF SECRETARY TO CONDUCT SALE 16

OF FEDERAL LAND.— 17

(1) IN GENERAL.—In accordance with para-18

graph (2), if the land exchange under subsection (a) 19

is not completed by the date that is 1 year after the 20

date of enactment of this Act, the Secretary may 21

offer to sell to the District the Federal land. 22

(2) VALUE OF FEDERAL LAND.—The Secretary 23

may offer to sell to the District the Federal land for 24

the fair market value of the Federal land. 25

120


(f) DISPOSITION OF PROCEEDS.— 1

(1) IN GENERAL.—The Secretary shall deposit 2

in the fund established under Public Law 90–171 3

(commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 4

484a) any amount received by the Secretary as the 5

result of— 6

(A) any cash equalization payment made 7

under subsection (b); and 8

(B) any sale carried out under subsection 9

(e). 10

(2) USE OF PROCEEDS.—Amounts deposited 11

under paragraph (1) shall be available to the Sec-12

retary, without further appropriation and until ex-13

pended, for the acquisition of land or interests in 14

land in the National Forest. 15

(g) MANAGEMENT AND STATUS OF ACQUIRED 16

LAND.—The non-Federal land acquired by the Secretary 17

under this section shall be— 18

(1) added to, and administered as part of, the 19

National Forest; and 20

(2) managed by the Secretary in accordance 21

with— 22



seq.); and 25

121


(B) any laws (including regulations) appli-1

cable to the National Forest. 2

(h) REVOCATION OF ORDERS; WITHDRAWAL.— 3

(1) REVOCATION OF ORDERS.—Any public 4

order withdrawing the Federal land from entry, ap-5

propriation, or disposal under the public land laws 6

is revoked to the extent necessary to permit the con-7

veyance of the Federal land to the District. 8

(2) WITHDRAWAL.—On the date of enactment 9

of this Act, if not already withdrawn or segregated 10

from entry and appropriation under the public land 11

laws (including the mining and mineral leasing laws) 12

and the Geothermal Steam Act of 1970 (30 U.S.C. 13

1001 et seq.), the Federal land is withdrawn until 14

the date of the conveyance of the Federal land to the 15

District. 16

Subtitle B—Wasatch-Cache 17

National Forest Land Conveyance 18




means the following 3 parcels of National Forest 22

System land located in the Wasatch-Cache National 23

Forest in the incorporated boundary of the Town: 24

122


(A) A parcel of land occupied by the ad-1

ministration building of the Town pursuant to 2

Forest Service special use permit SLC102708. 3

(B) A parcel of land occupied by the public 4

service building of the Town pursuant to Forest 5

Service special use permit SLC102708. 6

(C) A parcel of land occupied by the water 7

service building of the Town pursuant to Forest 8

Service special use permit SLC102707. 9



(3) TOWN.—The term ‘‘Town’’ means the town 12

of Alta, Utah. 13

SEC. 3212. CONVEYANCE OF FEDERAL LAND TO ALTA, 14

UTAH. 15

(a) IN GENERAL.—Subject to subsection (b) and 16

valid existing rights, as soon as practicable after the date 17

of enactment of this Act, the Secretary shall convey to 18

the Town, without consideration, all right, title, and inter-19

est of the United States in and to the Federal land. 20


(1) USE OF FEDERAL LAND.—As a condition of 22

the conveyance under subsection (a), the Town shall 23

use the Federal land only for public purposes con-24

123


sistent with the applicable special use permit de-1

scribed in section 3211(1). 2

(2) DEED AND REVERSION.—The conveyance 3

under subsection (a) shall be by quitclaim deed, 4

which shall provide that the Federal land shall re-5

vert to the Secretary, at the election of the Sec-6

retary, if the Federal land is used for a purpose 7

other than a purpose provided under paragraph (1). 8

(3) ACREAGE.— 9

(A) IN GENERAL.—The boundaries of the 10

Federal land conveyed under subsection (a) 11

shall be determined by the Secretary, in con-12

sultation with the Town, subject to the condi-13

tion that the Federal land conveyed may not ex-14

ceed a total of 2 acres. 15

(B) SURVEY AND LEGAL DESCRIPTION.— 16

The exact acreage and legal description of the 17

Federal land shall be determined, in accordance 18

with subparagraph (A), by a survey approved 19

by the Secretary. 20

(4) COSTS.—The Town shall pay each adminis-21

trative cost of the conveyance under subsection (a), 22

including the costs of the survey carried out under 23

paragraph (3). 24

124


(5) ADDITIONAL TERMS AND CONDITIONS.— 1

The conveyance under subsection (a) shall be subject 2

to such terms and conditions as the Secretary may 3

require. 4

Subtitle C—Los Padres National 5

Forest Land Exchange 6


In this subtitle: 8


means the approximately 5 acres of National Forest 10

System land in Santa Barbara County, California, 11

as generally depicted on the map. 12

(2) FOUNDATION.—The term ‘‘Foundation’’ 13

means the White Lotus Foundation, a nonprofit 14

foundation located in Santa Barbara, California. 15


titled ‘‘San Marcos Pass Encroachment for Consid-17

eration of Legislative Remedy’’ and dated June 1, 18

2009. 19





section, if the Foundation offers to convey to the Secretary 24

all right, title, and interest of the Foundation in and to 25

125


a parcel of non-Federal land that is acceptable to the Sec-1

retary— 2

(1) the Secretary shall accept the offer; and 3

(2) on receipt of acceptable title to the non- 4

Federal land, the Secretary shall convey to the 5

Foundation all right, title, and interest of the United 6

States in and to the Federal land. 7

(b) APPLICABLE LAW.—The land exchange author-8

ized under subsection (a) shall be subject to section 206 9

of the Federal Land Policy and Management Act of 1976 10

(43 U.S.C. 1716). 11

(c) TIME FOR COMPLETION OF LAND EXCHANGE.— 12

It is the intent of Congress that the land exchange under 13

subsection (a) shall be completed not later than 2 years 14

after the date of enactment of this Act. 15

(d) AUTHORITY OF SECRETARY TO CONDUCT SALE 16

OF FEDERAL LAND.—If the land exchange under sub-17

section (a) is not completed by the date that is 2 years 18

after the date of enactment of this Act, the Secretary may 19

offer to sell to the Foundation the Federal land for fair 20

market value. 21

(e) ADDITIONAL TERMS AND CONDITIONS.—The 22

land exchange under subsection (a) and any sale under 23

subsection (d) shall be subject to— 24

(1) valid existing rights; 25

126


(2) the Secretary finding that the public inter-1

est would be well served by making the exchange or 2

sale; 3

(3) any terms and conditions that the Secretary 4

may require; and 5

(4) the Foundation paying the reasonable costs 6

of any surveys, appraisals, and any other adminis-7

trative costs associated with the land exchange or 8

sale. 9

(f) APPRAISALS.— 10

(1) IN GENERAL.—The land conveyed under 11

subsection (a) or (d) shall be appraised by an inde-12

pendent appraiser selected by the Secretary. 13

(2) REQUIREMENTS.—An appraisal under para-14

graph (1) shall be conducted in accordance with na-15

tionally recognized appraisal standards, including— 16

(A) the Uniform Appraisal Standards for 17

Federal Land Acquisitions; and 18

(B) the Uniform Standards of Professional 19

Appraisal Practice. 20

(g) DISPOSITION OF PROCEEDS.— 21

(1) IN GENERAL.—The Secretary shall deposit 22

in the fund established under Public Law 90–171 23

(commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 24

127


484a) any amount received by the Secretary as the 1

result of— 2

(A) any cash equalization payment made 3

under subsection (b); and 4

(B) any sale carried out under subsection 5

(d). 6

(2) USE OF PROCEEDS.—Amounts deposited 7

under paragraph (1) shall be available to the Sec-8

retary, without further appropriation and until ex-9

pended, for the acquisition of land or interests in 10

land in the Los Padres National Forest. 11

(h) MANAGEMENT AND STATUS OF ACQUIRED 12

LAND.—Any non-Federal land acquired by the Secretary 13

under this subtitle shall be managed by the Secretary in 14


(1) the Act of March 1, 1911 (commonly known 16

as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and 17

(2) any laws (including regulations) applicable 18

to the National Forest System. 19

Subtitle D—Box Elder Land 20

Conveyance 21

SEC. 3231. CONVEYANCE OF CERTAIN LANDS TO MANTUA, 22

BOX ELDER, UTAH. 23

(a) CONVEYANCE REQUIRED.—The Secretary of Ag-24

riculture shall convey, without consideration, to the town 25

128


of Mantua, Utah (in this section referred to as the 1

‘‘town’’), all right, title, and interest of the United States 2

in and to parcels of National Forest System land in the 3

Wasatch-Cache National Forest in Box Elder County, 4

Utah, consisting of approximately 31.5 acres within sec-5

tion 27, township 9 north, range 1 west, Salt Lake merid-6

ian and labeled as parcels A, B, and C on the map entitled 7

‘‘Box Elder Utah Land Conveyance Act’’ and dated July 8

14, 2008. 9

(b) SURVEY.—If necessary, the exact acreage and 10

legal description of the lands to be conveyed under sub-11

section (a) shall be determined by a survey satisfactory 12

to the Secretary. The cost of the survey shall be borne 13

by the town. 14

(c) USE OF LAND.—As a condition of the conveyance 15

under subsection (a), the town shall use the land conveyed 16

under such subsection for public purposes. 17

(d) REVERSIONARY INTEREST.—In the quitclaim 18

deed to the town prepared as part of the conveyance under 19

subsection (a), the Secretary shall provide that the land 20

conveyed to the town under such subsection shall revert 21

to the Secretary, at the election of the Secretary, if the 22

land is used for other than public purposes. 23

(e) ADDITIONAL TERMS AND CONDITIONS.—The 24

Secretary may require such additional terms and condi-25

129


tions in connection with the conveyance authorized under 1

subsection (a) as the Secretary considers appropriate to 2

protect the interests of the United States. 3

Subtitle E—Deafy Glade Land 4

Exchange 5

SEC. 3241. LAND EXCHANGE, MENDOCINO NATIONAL FOR-6

EST, CALIFORNIA. 7


(1) COUNTY.—The term ‘‘County’’ means So-9

lano County, California. 10


means the parcel of approximately 82 acres of 12

land— 13

(A) known as the ‘‘Fouts Springs Ranch’’; 14

and 15

(B) generally depicted as the ‘‘Fouts 16

Springs Parcel’’ on the map. 17


titled ‘‘Fouts Springs-Deafy Glade: Federal and 19

Non-Federal Lands’’ and dated July 17, 2008. 20


eral land’’ means the 4 parcels of land comprising 22

approximately 160 acres that are generally depicted 23

as the ‘‘Deafy Glade Parcel’’ on the map. 24

130




(b) LAND EXCHANGE REQUIRED.—Subject to sub-3

sections (c) through (f), if the County conveys to the 4

United States such right, title, and interest in and to the 5

non-Federal land that is acceptable to the Secretary, the 6

Secretary shall convey to the County such right, title, and 7

interest to the Federal land that the Secretary considers 8

to be appropriate. 9

(c) APPLICABLE LAW.—Section 206 of the Federal 10

Land Policy and Management Act of 1976 (43 U.S.C. 11

1716) shall apply to the land exchange under this section. 12

(d) SURVEY; ADMINISTRATIVE COSTS.— 13

(1) IN GENERAL.—The exact acreage and legal 14

description of the land to be exchanged under sub-15

section (b) shall be determined by a survey satisfac-16

tory to the Secretary. 17

(2) COSTS.—The costs of the survey, appraisal, 18

and any other administrative costs relating to the 19

land exchange shall be paid by the County. 20

(e) MANAGEMENT OF ACQUIRED LAND.—The non- 21

Federal land acquired by the Secretary under subsection 22

(b) shall be— 23

(1) added to, and administered as part of, the 24

Mendocino National Forest; and 25

131


(2) managed in accordance with— 1



seq.); and 4

(B) the laws (including regulations) appli-5

cable to the National Forest System. 6

(f) ADDITIONAL TERMS AND CONDITIONS.—The 7

land exchange under subsection (b) shall be subject to any 8

additional terms and conditions that the Secretary may 9

require, including such terms and conditions as are nec-10

essary to ensure that the use of the Federal land does 11

not adversely impact the use of the adjacent National For-12

est System land. 13

Subtitle F—Wallowa Forest Service 14

Compound Conveyance 15

SEC. 3251. CONVEYANCE TO CITY OF WALLOWA, OREGON. 16

(a) DEFINITIONS.—In this subtitle: 17

(1) CITY.—The term ‘‘City’’ means the city of 18

Wallowa, Oregon. 19



(3) WALLOWA FOREST SERVICE COMPOUND.— 22

The term ‘‘Wallowa Forest Service Compound’’ 23

means the approximately 1.11 acres of National 24

Forest System land that— 25

132


(A) was donated by the City to the Forest 1

Service on March 18, 1936; and 2

(B) is located at 602 First Street, 3

Wallowa, Oregon. 4

(b) CONVEYANCE.—On the request of the City sub-5

mitted to the Secretary by the date that is not later than 6

1 year after the date of enactment of this Act and subject 7

to the provisions of this subtitle, the Secretary shall con-8

vey to the City all right, title, and interest of the United 9

States in and to the Wallowa Forest Service Compound. 10

(c) CONDITIONS.—The conveyance under subsection 11

(b) shall be— 12

(1) by quitclaim deed; 13

(2) for no consideration; and 14

(3) subject to— 15

(A) valid existing rights; and 16

(B) such terms and conditions as the Sec-17

retary may require. 18

(d) USE OF WALLOWA FOREST SERVICE COM-19

POUND.—As a condition of the conveyance under sub-20

section (b), the City shall— 21

(1) use the Wallowa Forest Service Compound 22

as a historical and cultural interpretation and edu-23

cation center; 24

133


(2) ensure that the Wallowa Forest Service 1

Compound is managed by a nonprofit entity; and 2

(3) agree to manage the Wallowa Forest Serv-3

ice Compound with due consideration and protection 4

for the historic values of the Wallowa Forest Service 5

Compound. 6

(e) REVERSION.—In the quitclaim deed to the City, 7

the Secretary shall provide that the Wallowa Forest Serv-8

ice Compound shall revert to the Secretary, at the election 9

of the Secretary, if any of the conditions under subsection 10

(c) or (d) are violated. 11

TITLE XXXIII—GENERAL 12

AUTHORIZATIONS 13

Subtitle A—Ski Areas Summer 14

Uses 15

SEC. 3301. PURPOSE. 16

The purpose of this subtitle is to amend the National 17

Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)— 18

(1) to enable snow-sports (other than nordic 19

and alpine skiing) to be permitted on National For-20

est System land, subject to ski area permits issued 21

by the Secretary of Agriculture under section 3 of 22

the National Forest Ski Area Permit Act of 1986 23

(16 U.S.C. 497b); and 24

134


(2) to clarify the authority of the Secretary of 1

Agriculture to permit appropriate additional sea-2

sonal or year-round recreational activities and facili-3

ties on National Forest System land, subject to ski 4

area permits issued by the Secretary of Agriculture 5

under section 3 of the National Forest Ski Area 6

Permit Act of 1986 (16 U.S.C. 497b). 7

SEC. 3302. SKI AREA PERMITS. 8

Section 3 of the National Forest Ski Area Permit Act 9

of 1986 (16 U.S.C. 497b) is amended— 10

(1) in subsection (a), by striking ‘‘nordic and 11

alpine ski areas and facilities’’ and inserting ‘‘ski 12

areas and associated facilities’’; 13

(2) in subsection (b), in the matter preceding 14

paragraph (1), by striking ‘‘nordic and alpine skiing 15

operations and purposes’’ and inserting ‘‘skiing and 16

other snow sports and recreational uses authorized 17

by this Act’’; 18

(3) by redesignating subsections (c) and (d) as 19

subsections (d) and (e), respectively; 20

(4) by inserting after subsection (b) the fol-21

lowing: 22

‘‘(c) OTHER RECREATIONAL USES.— 23

‘‘(1) AUTHORITY OF SECRETARY.—Subject to 24

the terms of a ski area permit issued pursuant to 25

135


subsection (b), the Secretary may authorize a ski 1

area permittee to provide such other seasonal or 2

year-round natural resource-based recreational ac-3

tivities and associated facilities (in addition to skiing 4

and other snow-sports) on National Forest System 5

land subject to a ski area permit as the Secretary 6

determines to be appropriate. 7

‘‘(2) REQUIREMENTS.—Each activity and facil-8

ity authorized by the Secretary under paragraph (1) 9

shall— 10

‘‘(A) encourage outdoor recreation and en-11

joyment of nature; 12

‘‘(B) to the extent practicable— 13

‘‘(i) harmonize with the natural envi-14

ronment of the National Forest System 15

land on which the activity or facility is lo-16

cated; and 17

‘‘(ii) be located within the developed 18

portions of the ski area; 19

‘‘(C) be subject to such terms and condi-20

tions as the Secretary determines to be appro-21

priate; and 22

‘‘(D) be authorized in accordance with— 23

‘‘(i) the applicable land and resource 24

management plan; and 25

136


‘‘(ii) applicable laws (including regula-1

tions). 2

‘‘(3) INCLUSIONS.—Activities and facilities that 3

may, in appropriate circumstances, be authorized 4

under paragraph (1) include— 5

‘‘(A) zip lines; 6

‘‘(B) mountain bike terrain parks and 7

trails; 8

‘‘(C) frisbee golf courses; and 9

‘‘(D) ropes courses. 10

‘‘(4) EXCLUSIONS.—Activities and facilities 11

that are prohibited under paragraph (1) include— 12

‘‘(A) tennis courts; 13

‘‘(B) water slides and water parks; 14

‘‘(C) swimming pools; 15

‘‘(D) golf courses; and 16

‘‘(E) amusement parks. 17

‘‘(5) LIMITATION.—The Secretary may not au-18

thorize any activity or facility under paragraph (1) 19

if the Secretary determines that the authorization of 20

the activity or facility would result in the primary 21

recreational purpose of the ski area permit to be a 22

purpose other than skiing and other snow-sports. 23

‘‘(6) BOUNDARY DETERMINATION.—In deter-24

mining the acreage encompassed by a ski area per-25

137


mit under subsection (b)(3), the Secretary shall not 1

consider the acreage necessary for activities and fa-2

cilities authorized under paragraph (1). 3

‘‘(7) EFFECT ON EXISTING AUTHORIZED AC-4

TIVITIES AND FACILITIES.—Nothing in this sub-5

section affects any activity or facility authorized by 6

a ski area permit in effect on the date of enactment 7

of this subsection during the term of the permit.’’; 8

(5) by striking subsection (d) (as redesignated 9

by paragraph (3)), and inserting the following: 10

‘‘(d) REGULATIONS.—Not later than 2 years after 11

the date of enactment of this subsection, the Secretary 12

shall promulgate regulations to implement this section.’’; 13

and 14

(6) in subsection (e) (as redesignated by para-15

graph (3)), by striking ‘‘the National Environmental 16

Policy Act, or the Forest and Rangelands Renewable 17

Resources Planning Act as amended by the National 18

Forest Management Act’’ and inserting ‘‘the Na-19

tional Environmental Policy Act of 1969 (42 U.S.C. 20

4321 et seq.) and the Forest and Rangeland Renew-21

able Resources Planning Act of 1974 (16 U.S.C. 22

1600 et seq.)’’. 23

138


SEC. 3303. EFFECT. 1

Nothing in the amendments made by this subtitle es-2

tablishes a legal preference for the holder of a ski area 3

permit to provide activities and associated facilities au-4

thorized by section 3(c) of the National Forest Ski Area 5

Permit Act of 1986 (16 U.S.C. 497b(c)) (as amended by 6

section 3302). 7

Subtitle B—National Forest Insect 8

and Disease Authorities 9

SEC. 3311. PURPOSES. 10

The purposes of this subtitle are— 11

(1) to ensure that adequate emphasis is placed 12

on the mitigation of hazards posed by landscape- 13

scale epidemics of bark beetles and other insects and 14

diseases through the identification of areas affected 15

by the epidemics, including areas in which resulting 16

hazard trees pose a high risk to public health and 17

safety; and 18

(2) to help focus resources within areas charac-19

terized by landscape-scale insect or disease epidemics 20

to mitigate hazards associated with— 21

(A) falling trees; and 22

(B) wildfire. 23



139


(1) AFFECTED STATE.—The term ‘‘affected 1

State’’ includes each of the States of— 2

(A) Alaska; 3

(B) Arizona; 4

(C) California; 5

(D) Colorado; 6

(E) Idaho; 7

(F) Montana; 8

(G) Nevada; 9

(H) New Mexico; 10

(I) Oregon; 11

(J) South Dakota; 12

(K) Utah; 13

(L) Washington; and 14

(M) Wyoming. 15

(2) HIGH-RISK AREA.—The term ‘‘high-risk 16

area’’ means a road, trail, or other area that poses 17

a high risk to public health or safety due to hazard 18

trees resulting from landscape-scale tree mortality 19

caused by an insect or disease epidemic. 20

(3) INSECT OR DISEASE EPIDEMIC AREA.—The 21

term ‘‘insect or disease epidemic area’’ means an 22

area of National Forest System land in which land-23

scape-scale tree mortality caused by an insect or dis-24

ease epidemic exists. 25

140


(4) NATIONAL FOREST SYSTEM.—The term 1

‘‘National Forest System’’ has the meaning given 2

the term in section 11(a) of the Forest and Range-3

land Renewable Resources Planning Act of 1974 (16 4

U.S.C. 1609(a)). 5



SEC. 3313. DESIGNATION OF AREAS. 8

(a) IDENTIFICATION OF HIGH-RISK AREAS.— 9



shall identify by map or other appropriate means 12

high-risk areas within the National Forest System in 13

the affected States. 14

(2) PUBLIC EDUCATION.—In conjunction with 15

the information developed pursuant this subsection, 16

the Secretary shall develop educational materials 17

that describe the risk posed by hazard trees in high- 18

risk areas and measures that can be taken by the 19

public to avoid or reduce that risk. 20

(3) CONSULTATION.—In developing the infor-21

mation and educational materials required by this 22

subsection, the Secretary shall consult with inter-23

ested State, local, and tribal governments, first re-24

sponders, and other stakeholders. 25

141


(4) UPDATES.—The Secretary shall periodically 1

review and revise the information and educational 2

materials required by this subsection to reflect the 3

best available information. 4

(5) PUBLIC AVAILABILITY.—The information 5

and associated educational materials required by this 6

subsection shall be on file and available for public 7

inspection, including in the appropriate offices of the 8

Forest Service. 9

(b) IDENTIFICATION OF INSECT AND DISEASE EPI-10

DEMIC AREAS.— 11



shall identify by map or other appropriate means in-14

sect or disease epidemic areas within the National 15

Forest System in the affected States. 16

(2) REQUIRED INFORMATION.—The informa-17

tion required by paragraph (1) shall include— 18

(A) a geographic estimate of the annual 19

mortality caused by the insect or disease epi-20

demic; and 21

(B) a projection, based on the best avail-22

able science, of future tree mortality resulting 23

from the insect or disease epidemic. 24

142


(3) UPDATES.—The Secretary shall periodically 1

review and revise the information required by para-2

graph (1) to reflect the best available information. 3

(4) AVAILABILITY.—The information required 4

by this subsection shall be made available to— 5

(A) communities in or adjacent to an in-6

sect or disease epidemic area that have devel-7

oped a community wildfire protection plan (as 8

defined in section 101 of the Healthy Forests 9

Restoration Act of 2003 (16 U.S.C. 6511)); 10

(B) fire departments and other wildfire- 11

fighting organizations responding to, or likely 12

to respond to, a wildfire in an insect or disease 13

epidemic area; and 14

(C) the public through the appropriate of-15

fices of the Forest Service. 16

(c) CONTRACTS AND FINANCIAL ASSISTANCE.—To 17

help collect, develop, monitor, and distribute the informa-18

tion and materials required by this section, the Secretary 19

may enter into contracts or provide financial assistance 20

through cooperative agreements in accordance with section 21

8 of the Cooperative Forestry Assistance Act of 1978 (16 22

U.S.C. 2104) with— 23

(1) the State Forester or equivalent State offi-24

cial of an affected State; 25

143


(2) educational institutions; or 1

(3) other organizations. 2

SEC. 3314. SUPPORT FOR RESTORATION AND RESPONSE. 3

(a) SUPPORT FOR BIOMASS UTILIZATION.—To help 4

reduce the risk to public health and safety from hazard 5

trees and wildfires and to restore ecosystems affected by 6

insect and disease epidemics, the Secretary may assist 7

State and local governments, Indian tribes, private land-8

owners, and other persons in affected States with the col-9

lection, harvest, storage, and transportation of eligible ma-10

terial from areas identified pursuant to section 3313(b) 11

in accordance with section 9011(d) of the Farm Security 12

and Rural Investment Act of 2002 (7 U.S.C. 8111(d)). 13

(b) RESTORATION ASSISTANCE FOR PRIVATE LAND-14

OWNERS.—The Secretary may make payments to an 15

owner of nonindustrial private forest land in an affected 16

State to carry out emergency measures to restore the land 17

after an insect or disease infestation in accordance with 18

the emergency forest restoration program established 19

under section 407 of the Agricultural Credit Act of 1978 20

(16 U.S.C. 2206). 21

(c) NATIONAL FOREST HAZARDOUS FUEL REDUC-22

TION.—The Secretary shall carry out authorized haz-23

ardous fuel reduction projects in affected States on Na-24

tional Forest System land on which an epidemic of disease 25

144


or insects poses a significant threat to an ecosystem com-1

ponent, or forest or rangeland resource, in accordance 2

with the Healthy Forests Restoration Act of 2003 (16 3

U.S.C. 6501 et seq.). 4


There are authorized to be appropriated to carry out 6

this subtitle such sums as are necessary. 7

Subtitle C—Good Neighbor 8

Authority 9

SEC. 3321. GOOD NEIGHBOR AGREEMENTS. 10


(1) AUTHORIZED RESTORATION SERVICES.— 12

The term ‘‘authorized restoration services’’ means 13

similar and complementary forest, rangeland, and 14

watershed restoration services carried out on adja-15

cent Federal land and non-Federal land by either 16

the Secretary or a Governor pursuant to— 17

(A) a good neighbor agreement; and 18

(B) a cooperative agreement or contract 19

entered into under subsection (c). 20

(2) FEDERAL LAND.— 21

(A) IN GENERAL.—The term ‘‘Federal 22

land’’ means the following land in a State lo-23

cated in whole or in part west of the 100th me-24

ridian: 25

145


(i) National Forest System land. 1

(ii) Public lands (as defined in section 2

103 of the Federal Land Policy and Man-3

agement Act of 1976 (43 U.S.C. 1702)). 4

(B) EXCLUSIONS.—The term ‘‘Federal 5

land’’ does not include— 6

(i) a component of the National Wil-7

derness Preservation System, National 8

Wild and Scenic Rivers System, National 9

Trails System, or National Landscape 10

Conservation System; 11

(ii) a National Monument, National 12

Preserve, National Scenic Area, or Na-13

tional Recreation Area; or 14

(iii) a wilderness study area. 15

(3) FOREST, RANGELAND, AND WATERSHED 16

RESTORATION SERVICES.—The term ‘‘forest, range-17

land, and watershed restoration services’’ means— 18

(A) activities to treat insect- and disease- 19

infected trees; 20

(B) activities to reduce hazardous fuels; 21

(C) activities to maintain roads and trails 22

that cross a boundary between Federal land 23

and non-Federal land; and 24

146


(D) any other activities to restore or im-1

prove forest, rangeland, or watershed health, in-2

cluding fish and wildlife habitat. 3

(4) GOOD NEIGHBOR AGREEMENT.—The term 4

‘‘good neighbor agreement’’ means— 5

(A) a nonfunding master cooperative 6

agreement entered into between the Secretary 7

and a Governor under chapter 63 of title 31, 8

United States Code; or 9

(B) a memorandum of agreement or un-10

derstanding entered into between the Secretary 11

and a Governor. 12

(5) GOVERNOR.—The term ‘‘Governor’’ means 13

the Governor or any other appropriate executive offi-14

cial of an affected State. 15

(6) SECRETARY.—The term ‘‘Secretary’’ 16

means— 17

(A) the Secretary of Agriculture, with re-18

spect to National Forest System land; and 19

(B) the Secretary of the Interior, with re-20

spect to Bureau of Land Management land. 21

(b) GOOD NEIGHBOR AGREEMENTS.— 22

(1) IN GENERAL.—The Secretary may enter 23

into a good neighbor agreement with a Governor to 24

coordinate the procurement and implementation of 25

147


authorized restoration services in accordance with 1

this section. 2

(2) PUBLIC NOTICE AND COMMENT.—The Sec-3

retary shall make each good neighbor agreement 4

available to the public. 5

(c) TASK ORDERS, CONTRACTS, AND COOPERATIVE 6

AGREEMENTS.— 7

(1) IN GENERAL.—The Secretary may issue a 8

task order for, or enter into a contract (including a 9

sole source contract) or cooperative agreement with, 10

a Governor to carry out authorized restoration serv-11

ices. 12

(2) REQUIREMENTS.—Each task order, con-13

tract, or cooperative agreement entered into under 14

paragraph (1) shall be executed in accordance 15

with— 16

(A) chapter 63 of title 31, United States 17

Code; and 18

(B) the applicable good neighbor agree-19

ment. 20

(d) CONTRACT AND SUBCONTRACT REQUIRE-21

MENTS.— 22

(1) REQUIREMENTS FOR SERVICES ON FED-23

ERAL LAND.— 24

148


(A) IN GENERAL.—For authorized restora-1

tion services carried out on Federal land under 2

subsection (c), each contract and subcontract 3

issued under the authority of a Governor shall 4

include the provisions described in subpara-5

graph (B) that would have been included in the 6

contract had the Secretary been a party to the 7

contract. 8

(B) APPLICABLE PROVISIONS.—The provi-9

sions referred to in subparagraph (A) are provi-10

sions for— 11

(i) wages and benefits for workers em-12

ployed by contractors and subcontractors 13

required by— 14

(I) subchapter IV of chapter 31 15

of part A of subtitle II of title 40, 16

United States Code; and 17

(II) chapter 6 of title 41, United 18

States Code; 19

(ii) nondiscrimination; and 20

(iii) worker safety and protection. 21

(2) REQUIREMENTS FOR SMALL BUSINESSES.— 22

Each contract and subcontract for authorized res-23

toration services under subsection (c) shall comply 24

with provisions for small business assistance and 25

149


protection that would have been applicable to the 1

contract had the Secretary been a party to the con-2

tract. 3

(3) LIABILITY.—The Secretary shall include 4

provisions in each good neighbor agreement, con-5

tract, or cooperative agreement, as appropriate, gov-6

erning the potential liability of the State and the 7

Secretary for actions carried out under this section. 8

(e) TERMINATION OF EFFECTIVENESS.— 9

(1) IN GENERAL.—The authority of the Sec-10

retary to enter into cooperative agreements and con-11

tracts under this section terminates on September 12

30, 2019. 13

(2) CONTRACT DATE.—The termination date of 14

a cooperative agreement or contract entered into 15

under this section shall not extend beyond Sep-16

tember 30, 2020. 17

(3) CONSOLIDATED AUTHORITY.— 18

(A) FEDERAL AND STATE COOPERATIVE 19

WATERSHED RESTORATION AND PROTECTION 20

IN COLORADO.—Section 331 of the Department 21

of the Interior and Related Agencies Appropria-22

tions Act, 2001 (Public Law 106–291; 114 23

Stat. 996) is repealed. 24

150


(B) FEDERAL AND STATE COOPERATIVE 1

FOREST, RANGELAND, AND WATERSHED RES-2

TORATION IN UTAH.—Section 337 of the De-3

partment of the Interior and Related Agencies 4

Appropriations Act, 2005 (Public Law 108– 5

447; 118 Stat. 3102) is repealed. 6

(4) EXISTING CONTRACTS.—Nothing in the 7

amendments made by this section affects contracts 8

in effect on the day before the date of enactment of 9

this Act. 10

Subtitle D—Federal Land 11

Avalanche Protection Program 12



(1) COMMITTEE.—The term ‘‘Committee’’ 15

means the Avalanche Artillery Users of North Amer-16

ica Committee. 17

(2) PROGRAM.—The term ‘‘program’’ means 18

the avalanche protection program established under 19

section 3332(a). 20


the Secretary of Agriculture, acting through the 22

Chief of the Forest Service. 23

151


SEC. 3332. AVALANCHE PROTECTION PROGRAM. 1

(a) ESTABLISHMENT.—The Secretary shall establish 2

an avalanche protection program to provide information 3

and assistance to users of avalanche-prone National For-4

est System land. 5

(b) OBJECTIVES.—The objectives of the program in-6

clude— 7

(1) to inform and educate the public about the 8

risks posed by avalanches to reduce the potential for 9

injury, death, or property damage; 10

(2) to provide avalanche forecasts for ava-11

lanche-prone areas of the National Forest System 12

that are frequented by recreational or other users; 13

(3) to provide oversight of activities relating to 14

the prevention and control of avalanches by ski area 15

and other special use permit holders on National 16

Forest System land, including the procurement, con-17

trol, and use of artillery; and 18

(4) to facilitate research on the objectives of the 19

program, including research on the development of 20

alternatives to military artillery. 21

(c) COORDINATION.—In carrying out this section, the 22

Secretary shall— 23

(1) use the resources of— 24

(A) the National Avalanche Center of the 25

Forest Service; and 26

152


(B) other partners; and 1

(2) work with the Committee and other part-2

ners to improve— 3

(A) coordination among users of artillery 4

used to prevent and control avalanches; and 5

(B) access to, and the control and use of, 6

artillery and other methods to prevent and con-7

trol avalanches. 8

(d) GRANTS.— 9

(1) IN GENERAL.—The Secretary may make 10

grants to any person to further the objectives of the 11

program. 12

(2) PRIORITY.—The Secretary shall give pri-13

ority to grants under paragraph (1) that enhance 14

public safety. 15

(3) AUTHORIZATION OF APPROPRIATIONS.— 16

There is authorized to be appropriated to carry out 17

this subsection $4,000,000 for each of fiscal years 18

2010 through 2014. 19

153


DIVISION D—DEPARTMENT OF 1

THE INTERIOR AUTHORIZA-2

TIONS 3

TITLE XL—FEDERAL LAND 4

TRANSACTION FACILITATION 5

ACT REAUTHORIZATION 6

SEC. 4001. REAUTHORIZATION. 7

The Federal Land Transaction Facilitation Act is 8

amended— 9

(1) in section 203(2) (43 U.S.C. 2302(2)), by 10

striking ‘‘on the date of enactment of this Act was’’ 11

and inserting ‘‘is’’; 12

(2) in section 205 (43 U.S.C. 2304)— 13

(A) in subsection (a), by striking ‘‘this 14

Act’’ and inserting ‘‘Omnibus Public Land 15

Management Act of 2010’’; and 16

(B) in subsection (d), by striking ‘‘10’’ and 17

inserting ‘‘20’’; 18

(3) in section 206 (43 U.S.C. 2305), by striking 19

subsection (f); and 20

(4) in section 207(b) (43 U.S.C. 2306(b))— 21

(A) in paragraph (1)— 22

(i) by striking ‘‘96–568’’ and insert-23

ing ‘‘96–586’’; and 24

154


(ii) by striking ‘‘; or’’ and inserting a 1

semicolon; 2

(B) in paragraph (2)— 3

(i) by inserting ‘‘Public Law 105– 4

263;’’ before ‘‘112 Stat.’’; and 5

(ii) by striking the period at the end 6

and inserting a semicolon; and 7

(C) by adding at the end the following: 8

‘‘(3) the White Pine County Conservation, 9

Recreation, and Development Act of 2006 (Public 10

Law 109–432; 120 Stat. 3028); 11

‘‘(4) the Lincoln County Conservation, Recre-12

ation, and Development Act of 2004 (Public Law 13

108–424; 118 Stat. 2403); 14

‘‘(5) subtitle F of title I of the Omnibus Public 15

Land Management Act of 2009 (16 U.S.C. 1132 16

note; Public Law 111–11); 17

‘‘(6) subtitle O of title I of the Omnibus Public 18

Land Management Act of 2009 (16 U.S.C. 460www 19

note, 1132 note; Public Law 111–11); 20

‘‘(7) section 2601 of the Omnibus Public Land 21

Management Act of 2009 (Public Law 111–11; 123 22

Stat. 1108); or 23

155


‘‘(8) section 2606 of the Omnibus Public Land 1

Management Act of 2009 (Public Law 111–11; 123 2

Stat. 1121).’’. 3

TITLE XLI—NATIONAL VOLCANO 4

EARLY WARNING PROGRAM 5


In this title: 7


the National Volcano Early Warning and Monitoring 9

Program established under section 4102(a). 10



SEC. 4102. NATIONAL VOLCANO EARLY WARNING AND MON-13

ITORING PROGRAM. 14

(a) ESTABLISHMENT.—The Secretary shall establish 15

within the United States Geological Survey a program to 16

be known as the ‘‘National Volcano Early Warning and 17

Monitoring Program’’. 18

(b) COMPONENTS.—The program shall consist of a 19

national volcano watch office and data center, which shall 20

oversee and coordinate the activities of United States Geo-21

logical Survey regional volcano watch and data centers. 22

(c) PURPOSES.—The purposes of the program are— 23

(1) to monitor and study volcanoes and volcanic 24

activity throughout the United States at a level com-25

156


mensurate with the threat posed by each volcano; 1

and 2

(2) to warn and protect people and property 3

from undue and avoidable harm from volcanic activ-4

ity. 5

SEC. 4103. MANAGEMENT. 6

(a) MANAGEMENT PLAN.— 7

(1) IN GENERAL.—Not later than 1 year after 8


shall prepare a management plan for establishing 10

and operating the program. 11

(2) INCLUSIONS.—The management plan shall 12

include— 13

(A) annual cost estimates of— 14

(i) operating the program; and 15

(ii) updating the data collection, moni-16

toring, and analysis systems; 17

(B) annual standards and performance 18

goals; and 19

(C) recommendations for establishing new, 20

or enhancing existing, partnerships with State 21

agencies or universities. 22

(b) PARTNERSHIPS.—The Secretary may enter into 23

cooperative agreements or partnerships with State agen-24

cies and universities, under which the Secretary may des-25

157


ignate the agency or university as volcano observatory 1

partners for the program. 2

(c) COORDINATION WITH OTHER FEDERAL AGEN-3

CIES.—The Secretary shall coordinate activities author-4

ized under this title with the heads of relevant Federal 5

agencies including— 6

(1) the Secretary of Transportation; 7

(2) the Secretary of Commerce; 8

(3) the Administrator of the Federal Aviation 9

Administration; and 10

(4) the Director of the Federal Emergency 11

Management Administration. 12

(d) GRANT PROGRAM.— 13

(1) IN GENERAL.—The Secretary may establish 14

a competitive grant program to support research and 15

monitoring of volcanic activities in furtherance of 16

this title. 17

(2) COST-SHARING REQUIREMENT.—The non- 18

Federal share of the total cost of an activity pro-19

vided assistance under this subsection shall be 25 20

percent. 21

(e) ANNUAL REPORT.—The Secretary shall annually 22

submit to Congress a report that describes the activities 23

undertaken during the previous year to carry out this title. 24

158



There are authorized to be appropriated to carry out 2

this title $15,000,000 for each of fiscal years 2010 3

through 2020. 4

TITLE XLII—UPPER CON-5

NECTICUT RIVER WATER-6

SHED 7


In this title: 9

(1) COMMISSIONS.—The term ‘‘Commissions’’ 10

means the Connecticut River Joint Commissions of 11

New Hampshire and Vermont. 12

(2) MANAGEMENT PLAN.— 13

(A) IN GENERAL.—The term ‘‘manage-14

ment plan’’ means the management plan devel-15

oped by the Commissions entitled ‘‘Connecticut 16

River Corridor Management Plan’’ and dated 17

May 1997. 18

(B) INCLUSIONS.—The term ‘‘management 19

plan’’ includes any updates to the management 20

plan described in subparagraph (A). 21


the Connecticut River Grants and Technical Assist-23

ance Program established by section 4202(a). 24



159


(5) STATE.—The term ‘‘State’’ means each of 1

the States of New Hampshire and Vermont. 2

(6) WATERSHED.—The term ‘‘watershed’’ 3

means the upper Connecticut River watershed. 4

SEC. 4202. CONNECTICUT RIVER GRANTS AND TECHNICAL 5

ASSISTANCE PROGRAM. 6

(a) IN GENERAL.—There is established in the De-7

partment of the Interior the Connecticut River Grants and 8

Technical Assistance Program. 9

(b) PURPOSE.—The purpose of the program is to 10

provide financial and technical assistance to the States, 11

through the Commissions, to improve management of the 12

watershed in accordance with the management plan. 13

(c) FINANCIAL AND TECHNICAL ASSISTANCE.— 14


the Secretary may provide financial and technical 16

assistance to the Commissions in furtherance of the 17

purposes of this title. 18

(2) LIMITATION.—No financial assistance shall 19

be provided under this title until the date on which 20

the Secretary has approved criteria for financial as-21

sistance in accordance with subsection (d). 22

(d) CRITERIA.— 23

(1) DEVELOPMENT.—The Commissions shall 24

develop criteria for— 25

160


(A) prioritizing and determining the eligi-1

bility of applicants for financial and technical 2

assistance under the program; and 3

(B) reviewing and prioritizing applications 4

for financial and technical assistance under the 5

program. 6

(2) REVIEW; APPROVAL.— 7

(A) SUBMISSION.—The Commissions shall 8

submit the criteria developed under paragraph 9

(1) to the Secretary for review. 10

(B) APPROVAL OR DISAPPROVAL.— 11

(i) IN GENERAL.—Not later than 180 12

days after the date on which the Commis-13

sions submit the criteria under subpara-14

graph (A), the Secretary shall approve or 15

disapprove the criteria. 16

(ii) DISAPPROVAL.—If the Secretary 17

disapproves the criteria under clause (i), 18

the Secretary shall— 19

(I) advise the Commissions of the 20

reasons for disapproval; 21

(II) make recommendations for 22

revisions to the criteria; and 23

(III) not later than 180 days 24

after the date on which the Commis-25

161


sions submit revised criteria to the 1

Secretary, approve or disapprove the 2

revised criteria. 3

(C) CONSIDERATIONS.—In reviewing the 4

criteria submitted under this paragraph, the 5

Secretary shall consider the extent to which the 6

criteria— 7

(i) are consistent with the purposes 8

and goals of the management plan; and 9

(ii) provide for protection of the wa-10

tershed, including the natural, cultural, 11

historic, and recreational resources within 12

the watershed. 13

(e) AUTHORITIES OF THE COMMISSIONS.—The Com-14

missions may use funds made available under this title to 15

provide financial and technical assistance to State and 16

local governments, nonprofit organizations, and other pub-17

lic and private entities to protect the watershed in accord-18

ance with the approved criteria and consistent with the 19

management plan. 20


(a) IN GENERAL.—There is authorized to be appro-22

priated to carry out this title $10,000,000, of which not 23

more than $1,000,000 may be made available for any 1 24

fiscal year. 25

162


(b) COST-SHARING REQUIREMENT.— 1

(1) IN GENERAL.—The Federal share of the 2

total cost of any activity under this title shall be not 3

more than 50 percent of the total cost. 4

(2) FORM.—The non-Federal contribution may 5

be in the form of in-kind contributions of goods or 6

services fairly valued. 7

SEC. 4204. TERMINATION OF AUTHORITY. 8

The authority of the Secretary to provide financial 9

assistance under this title terminates on the date that is 10

10 years after the date of enactment of this Act. 11

TITLE XLIII—ABANDONED MINE 12

RECLAMATION PAYMENTS 13

SEC. 4301. ABANDONED MINE RECLAMATION. 14

(a) RECLAMATION FEE.—Section 402(g)(6)(A) of 15

the Surface Mining Control and Reclamation Act of 1977 16

(30 U.S.C. 1232(g)(6)(A)) is amended by inserting ‘‘and 17

section 411(h)(1)’’ after ‘‘paragraphs (1) and (5)’’. 18

(b) FILLING VOIDS AND SEALING TUNNELS.—Sec-19

tion 409(b) of the Surface Mining Control and Reclama-20

tion Act of 1977 (30 U.S.C. 1239(b)) is amended by in-21

serting ‘‘and section 411(h)(1)’’ after ‘‘section 402(g)’’. 22

(c) USE OF FUNDS.—Section 411(h)(1)(D)(ii) of the 23

Surface Mining Control and Reclamation Act of 1977 (30 24

163


U.S.C. 1240a(h)(1)(D)(ii)) is amended by striking ‘‘sec-1

tion 403’’ and inserting ‘‘section 402(g)(6), 403, or 409’’. 2

TITLE XLIV—PUBLIC LANDS 3

SERVICE CORPS AMENDMENTS 4

SEC. 4401. AMENDMENT TO SHORT TITLE. 5

Section 201 of the Public Lands Corps Act of 1993 6

(16 U.S.C. 1701 note; 107 Stat. 848) is amended to read 7

as follows: 8

‘‘SEC. 201. SHORT TITLE; REFERENCES. 9

‘‘(a) SHORT TITLE.—This title may be cited as the 10

‘Public Lands Service Corps Act of 1993’. 11

‘‘(b) REFERENCES.—Any reference contained in any 12

law, regulation, document, paper, or other record of the 13

United States to the ‘Public Lands Corps Act of 1993’ 14

shall be considered to be a reference to the ‘Public Lands 15

Service Corps Act of 1993’.’’. 16

SEC. 4402. REFERENCES. 17

A reference in this title to ‘‘the Act’’ is a reference 18

to the Public Lands Service Corps Act of 1993 (16 U.S.C. 19

1721 et seq.; title II of Public Law 91–378). 20

SEC. 4403. AMENDMENTS TO THE PUBLIC LANDS SERVICE 21

CORPS ACT OF 1993. 22

(a) NAME AND PROJECT DESCRIPTION CHANGES.— 23

The Act is amended— 24

164


(1) in the title heading, by striking ‘‘PUBLIC 1

LANDS CORPS’’ and inserting ‘‘PUBLIC 2

LANDS SERVICE CORPS’’; 3

(2) in section 204 (16 U.S.C. 1723), in the 4

heading, by striking ‘‘PUBLIC LANDS CORPS’’ and 5

inserting ‘‘PUBLIC LANDS SERVICE CORPS’’; 6

(3) in section 210(a)(2) (16 U.S.C. 7

1729(a)(2)), in the heading, by striking ‘‘PUBLIC 8

LANDS’’; 9

(4) by striking ‘‘Public Lands Corps’’ each 10

place it appears and inserting ‘‘Corps’’; 11

(5) by striking ‘‘conservation center’’ each place 12

it appears and inserting ‘‘residential conservation 13

center’’; 14

(6) by striking ‘‘conservation centers’’ each 15

place it appears and inserting ‘‘residential conserva-16

tion centers’’; 17

(7) by striking ‘‘appropriate conservation 18

project’’ each place it appears and inserting ‘‘appro-19

priate natural and cultural resources conservation 20

project’’; and 21

(8) by striking ‘‘appropriate conservation 22

projects’’ each place it appears and inserting ‘‘ap-23

propriate natural and cultural resources conservation 24

projects’’. 25

165


(b) FINDINGS.—Section 202(a) (16 U.S.C. 1721(a)) 1

of the Act, as amended by subsection (a), is amended— 2

(1) in paragraph (1)— 3

(A) by striking ‘‘Corps can benefit’’ and 4

inserting ‘‘conservation corps can benefit’’; and 5

(B) by striking ‘‘the natural and cultural’’ 6

and inserting ‘‘natural and cultural’’; 7

(2) by redesignating paragraphs (2) and (3) as 8

paragraphs (4) and (5), respectively; 9


lowing: 11

‘‘(2) Participants in conservation corps receive 12

meaningful education and training, and their experi-13

ence with conservation corps provides preparation 14

for careers in public service. 15

‘‘(3) Young men and women who participate in 16

the rehabilitation and restoration of the natural, cul-17

tural, historic, archaeological, recreational, and sce-18

nic treasures of the United States will gain an in-19

creased appreciation and understanding of the public 20

lands and heritage of the United States, and of the 21

value of public service, and are likely to become life- 22

long advocates for those values.’’; 23

(4) in paragraph (4) (as redesignated by para-24

graph (2)), by inserting ‘‘, cultural, historic, archae-25

166


ological, recreational, and scenic’’ after ‘‘Many facili-1

ties and natural’’; and 2


‘‘(6) The work of conservation corps can benefit 4

communities adjacent to public lands and facilities 5

through renewed civic engagement and participation 6

by corps participants and those they serve, improved 7

student achievement, and restoration and rehabilita-8

tion of public assets.’’. 9

(c) PURPOSE.—Section 202(b) (16 U.S.C. 1721(b)) 10

of the Act is amended to read as follows: 11

‘‘(b) PURPOSES.—The purposes of this Act are— 12

‘‘(1) to introduce young men and women to 13

public service while furthering their understanding 14

and appreciation of the natural, cultural, historic, 15

archaeological, recreational, and scenic resources of 16

the United States; 17

‘‘(2) to facilitate training and recruitment op-18

portunities in which service is credited as qualifying 19

experience for careers in the management of such 20

resources; 21

‘‘(3) to instill in a new generation of young men 22

and women from across the United States, including 23

young men and women from diverse backgrounds, 24

the desire to seek careers in resource stewardship 25

167


and public service by allowing them to work directly 1

with professionals in agencies responsible for the 2

management of the natural, cultural, historic, ar-3

chaeological, recreational, and scenic resources of 4

the United States; 5

‘‘(4) to perform, in a cost-effective manner, ap-6

propriate natural and cultural resources conservation 7

projects where such projects are not being performed 8

by existing employees; 9

‘‘(5) to assist State and local governments and 10

Indian tribes in performing research and public edu-11

cation tasks associated with the conservation of nat-12

ural, cultural, historic, archaeological, recreational, 13

and scenic resources; 14

‘‘(6) to expand educational opportunities on 15

public lands and by rewarding individuals who par-16

ticipate in conservation corps with an increased abil-17

ity to pursue higher education and job training; 18

‘‘(7) to promote public understanding and ap-19

preciation of the missions and the natural and cul-20

tural resources conservation work of the partici-21

pating Federal agencies through training opportuni-22

ties, community service and outreach, and other ap-23

propriate means; and 24

168


‘‘(8) to create a grant program for Indian 1

tribes to establish the Indian Youth Service Corps so 2

that Indian youth can benefit from carrying out 3

projects on Indian lands that the Indian tribes and 4

communities determine to be priorities.’’. 5

(d) DEFINITIONS.—Section 203 (16 U.S.C. 1722) of 6

the Act is amended— 7

(1) by redesignating paragraphs (3) through 8

(7), (8) through (10), and (11) through (13) as 9

paragraphs (5) through (9), (11) through (13), and 10

(15) through (17), respectively; 11

(2) by striking paragraphs (1) and (2) and in-12


‘‘(1) APPROPRIATE NATURAL AND CULTURAL 14

RESOURCES CONSERVATION PROJECT.—The term 15

‘appropriate natural and cultural resources conserva-16

tion project’ means any project for the conservation, 17

restoration, construction, or rehabilitation of nat-18

ural, cultural, historic, archaeological, recreational, 19

or scenic resources. 20

‘‘(2) CONSULTING INTERN.—The term ‘con-21

sulting intern’ means a consulting intern selected 22

under section 206(a)(2). 23

‘‘(3) CORPS AND PUBLIC LANDS SERVICE 24

CORPS.—The terms ‘Corps’ and ‘Public Lands Serv-25

169


ice Corps’ mean the Public Lands Service Corps es-1

tablished under section 204(a). 2

‘‘(4) CORPS PARTICIPANT.—The term ‘Corps 3

participant’ means an individual enrolled— 4

‘‘(A) in the Corps or the Indian Youth 5

Service Corps; or 6

‘‘(B) as a resource assistant or consulting 7

intern.’’; 8

(3) by inserting after paragraph (9) (as redesig-9

nated by paragraph (1)) the following: 10

‘‘(10) INDIAN YOUTH SERVICE CORPS.—The 11

term ‘Indian Youth Service Corps’ means a qualified 12

youth or conservation corps established under sec-13

tion 207 that— 14

‘‘(A) enrolls individuals between the ages 15

of 15 and 25, inclusive, a majority of whom are 16

Indians; and 17

‘‘(B) is established pursuant to a tribal 18

resolution that describes the agreement between 19

the Indian tribe and the qualified youth or con-20

servation corps to operate an Indian Youth 21

Service Corps program for the benefit of the 22

members of the Indian tribe.’’; 23

(4) by amending paragraph (12) (as redesig-24

nated by paragraph (1)) to read as follows: 25

170


‘‘(12) PUBLIC LANDS.—The term ‘public lands’ 1

means any land or water (or interest therein) owned 2

or administered by the United States, including 3

those areas of coastal and ocean waters, the Great 4

Lakes and their connecting waters, and submerged 5

lands over which the United States exercises juris-6

diction, except that such term does not include In-7

dian lands.’’; 8

(5) by amending paragraph (13) (as redesig-9

nated by paragraph (1)) as follows: 10

(A) in subparagraph (A)— 11

(i) by striking ‘‘full-time,’’; 12

(ii) by inserting ‘‘on eligible service 13

lands’’ after ‘‘resource setting’’; and 14

(iii) by striking ‘‘16’’ and inserting 15

‘‘15’’; 16

(B) in subparagraph (B), by striking 17

‘‘and’’ at the end; 18

(C) in subparagraph (C), by striking the 19

period at the end and inserting ‘‘; and’’; and 20

(D) by adding at the end the following: 21

‘‘(D) makes available for audit for each fis-22

cal year for which the qualified youth or con-23

servation corps receives Federal funds under 24

this Act, all information pertaining to the ex-25

171


penditure of the funds, any matching funds, 1

and participant demographics.’’; 2

(6) by inserting after paragraph 13 (as redesig-3


‘‘(14) RESIDENTIAL CONSERVATION CEN-5

TERS.—The term ‘residential conservation centers’ 6

means the facilities authorized under section 205.’’; 7


graph (1)), by striking ‘‘206’’ and inserting 9

‘‘206(a)(1)’’; and 10


graph (1))— 12

(A) in subparagraph (A), by striking 13

‘‘and’’ at the end; 14

(B) in subparagraph (B), by striking the 15

period at the end and inserting ‘‘; and’’; and 16

(C) by adding at the end the following: 17

‘‘(C) with respect to the National Marine 18

Sanctuary System, coral reefs, and other coast-19

al, estuarine, and marine habitats, and other 20

lands and facilities administered by the Na-21

tional Oceanic and Atmospheric Administration, 22

the Secretary of Commerce.’’. 23

172


(e) PUBLIC LANDS SERVICE CORPS PROGRAM.—Sec-1

tion 204 of the Act (16 U.S.C. 1723), as amended by sub-2

section (a), is amended— 3

(1) by redesignating subsections (b) and (c) and 4

subsections (d) through (f) as subsections (c) and 5

(d) and subsections (f) through (h), respectively; 6

(2) by striking subsection (a) and inserting the 7

following: 8

‘‘(a) ESTABLISHMENT OF PUBLIC LANDS SERVICE 9

CORPS.—There is established in the Department of the 10

Interior, the Department of Agriculture, and the Depart-11

ment of Commerce a Public Lands Service Corps. 12

‘‘(b) ESTABLISHMENT OF CORPS OFFICE; COORDI-13

NATORS; LIAISON.— 14

‘‘(1) ESTABLISHMENT OF OFFICES.— 15

‘‘(A) DEPARTMENT OF THE INTERIOR.— 16

The Secretary of the Interior shall establish a 17

department-level office to coordinate the Corps 18

activities within the Department of the Interior. 19

‘‘(B) DEPARTMENT OF AGRICULTURE.— 20

The Secretary of Agriculture shall establish 21

within the Forest Service an office to coordinate 22

the Corps activities within that agency. 23

‘‘(C) DEPARTMENT OF COMMERCE.—The 24

Secretary of Commerce shall establish within 25

173


the National Oceanic and Atmospheric Admin-1

istration an office to coordinate the Corps ac-2

tivities within that agency. 3

‘‘(2) ESTABLISHMENT OF COORDINATORS.— 4

The Secretary shall designate a Public Lands Serv-5

ice Corps coordinator for each agency under the ju-6

risdiction of the Secretary that administers Corps 7

activities. 8

‘‘(3) ESTABLISHMENT OF LIAISON.—The Sec-9

retary of the Interior shall establish an Indian Youth 10

Service Corps liaison that will— 11

‘‘(A) provide outreach to Indian tribes 12

about opportunities for establishing Corps and 13

Indian Youth Service Corps programs; and 14

‘‘(B) coordinate with the Tribal Liaison of 15

the Corporation for National Service to identify 16

and establish Corps and Indian Youth Service 17

Corps opportunities for Indian youth.’’; 18

(3) by amending subsection (c) (as redesignated 19

by paragraph (1)) to read as follows: 20

‘‘(c) PARTICIPANTS.— 21

‘‘(1) IN GENERAL.—The Secretary may enroll 22

in the Corps individuals who are— 23

174


‘‘(A) hired by an agency under the juris-1

diction of the Secretary to perform work au-2

thorized under this Act; or 3

‘‘(B) members of a qualified youth or con-4

servation corps with which the Secretary has 5

entered into a cooperative agreement to perform 6

work authorized under this Act. 7

‘‘(2) RESOURCE ASSISTANTS AND CONSULTING 8

INTERNS.—The Secretary may also enroll in the 9

Corps resource assistants and consulting interns in 10

accordance with section 206(a). 11

‘‘(3) ELIGIBILITY REQUIREMENTS.—To be eligi-12

ble for enrollment as a Corps participant, an indi-13

vidual shall— 14

‘‘(A) be between the ages of 15 and 25, in-15

clusive; and 16

‘‘(B) satisfy the requirements of section 17

137(a)(5) of the National and Community Serv-18

ice Act of 1990 (42 U.S.C. 12591(a)(5)). 19

‘‘(4) TERMS.—Each Corps participant may be 20

enrolled in the Corps for a term of up to 2 years of 21

service, which may be served over a period that ex-22

ceeds 2 calendar years. 23

‘‘(5) CIVIL SERVICE.—An individual may be en-24

rolled as a Corps participant without regard to the 25

175


civil service and classification laws, rules, or regula-1

tions of the United States. 2

‘‘(6) PREFERENCE.—The Secretary may estab-3

lish a preference for the enrollment as Corps partici-4

pants individuals who are economically, physically, 5

or educationally disadvantaged.’’; 6

(4) in subsection (d) (as redesignated by para-7

graph (1))— 8


(i) by striking ‘‘contracts and’’; and 10

(ii) by striking ‘‘subsection (d)’’ and 11

inserting ‘‘subsection (f)’’; 12

(B) by striking paragraph (2); and 13

(C) by inserting after paragraph (1) the 14

following: 15

‘‘(2) RECRUITMENT.—The Secretary shall carry 16

out, or enter into cooperative agreements to provide, 17

a program to attract eligible youth to the Corps by 18

publicizing Corps opportunities through high schools, 19

colleges, employment centers, electronic media, and 20

other appropriate institutions and means. 21

‘‘(3) PREFERENCE.—In entering into coopera-22

tive agreements under paragraph (1) or awarding 23

competitive grants to Indian tribes or tribally au-24

thorized organizations under section 207, the Sec-25

176


retary may give preference to qualified youth or con-1

servation corps that are located in specific areas 2

where a substantial portion of members are economi-3

cally, physically, or educationally disadvantaged.’’; 4

(5) by inserting after subsection (d) (as redesig-5


‘‘(e) TRAINING.— 7

‘‘(1) IN GENERAL.—The Secretary shall estab-8

lish a training program based at appropriate resi-9

dential conservation centers or at other suitable re-10

gional Federal or other appropriate facilities or sites 11

to provide training for Corps participants. 12

‘‘(2) REQUIREMENTS.—In establishing a train-13

ing program under paragraph (1), the Secretary 14

shall— 15

‘‘(A) ensure that the duration and com-16

prehensiveness of the training program shall be 17

commensurate with the projects Corps partici-18

pants are expected to undertake; 19

‘‘(B) develop department-wide standards 20

for the program that include training in— 21

‘‘(i) resource stewardship; 22

‘‘(ii) health and safety; 23

‘‘(iii) ethics for individuals in public 24

service; 25

177


‘‘(iv) teamwork and leadership; and 1

‘‘(v) interpersonal communications; 2

‘‘(C) direct the participating agencies with-3

in the Department of the Interior, the Forest 4

Service in the case of the Department of Agri-5

culture, and the National Oceanic and Atmos-6

pheric Administration in the case of the De-7

partment of Commerce, to develop agency-spe-8

cific training guidelines to ensure that Corps 9

participants are appropriately informed about 10

matters specific to that agency, including— 11

‘‘(i) the history and organization of 12

the agency; 13

‘‘(ii) the mission of the agency; and 14

‘‘(iii) any agency-specific standards 15

for the management of natural, cultural, 16

historic, archaeological, recreational, and 17

scenic resources; and 18

‘‘(D) take into account training already re-19

ceived by Corps participants enrolled from 20

qualified youth or conservation corps.’’; 21

(6) in subsection (f) (as redesignated by para-22

graph (1))— 23


178


(i) in the heading, by striking ‘‘IN 1

GENERAL.—’’ and inserting ‘‘USE OF 2

CORPS; PROJECTS.—’’; 3

(ii) by striking ‘‘The Secretary may 4

utilize the Corps or any qualified youth or 5

conservation corps to carry out’’ and in-6


‘‘(A) IN GENERAL.—The Secretary may 8

use the Corps to carry out, with appropriate su-9

pervision and training,’’; 10

(iii) by striking ‘‘on public lands’’ and 11

inserting on ‘‘on eligible service lands’’; 12

and 13

(iv) by adding at the end the fol-14

lowing: 15

‘‘(B) PROJECTS.—Appropriate natural and 16

cultural resources conservation projects carried 17

out under this section may include— 18

‘‘(i) protecting, restoring, or enhanc-19

ing ecosystem components to promote spe-20

cies recovery, improve biological diversity, 21

enhance productivity and carbon sequestra-22

tion, and enhance adaptability and resil-23

ience of eligible service lands and resources 24

179


to climate change and other natural and 1

human disturbances; 2

‘‘(ii) promoting the health of eligible 3

service lands, including— 4

‘‘(I) protecting and restoring wa-5

tersheds and forest, grassland, ripar-6

ian, estuarine, marine, or other habi-7

tat; 8

‘‘(II) reducing the risk of 9

uncharacteristically severe wildfire 10

and mitigating damage from insects, 11

disease, and disasters; 12

‘‘(III) controlling erosion; 13

‘‘(IV) controlling and removing 14

invasive, noxious, or nonnative spe-15

cies; and 16

‘‘(V) restoring native species; 17

‘‘(iii) collecting biological, archae-18

ological, and other scientific data, includ-19

ing climatological information, species pop-20

ulations and movement, habitat status, and 21

other information; 22

‘‘(iv) assisting in historical and cul-23

tural research, museum curatorial work, 24

oral history projects, documentary photog-25

180


raphy, and activities that support the cre-1

ation of public works of art related to eligi-2

ble service lands; and 3

‘‘(v) constructing, repairing, rehabili-4

tating, and maintaining roads, trails, 5

campgrounds and other visitor facilities, 6

employee housing, cultural and historic 7

sites and structures, and other facilities 8

that further the purposes of this Act.’’; 9

(B) by redesignating paragraphs (2) and 10

(3) as paragraphs (4) and (5), respectively; and 11

(C) by inserting after paragraph (1) the 12

following: 13

‘‘(2) VISITOR SERVICES.—The Secretary may— 14

‘‘(A) enter into or amend an existing coop-15

erative agreement with a cooperating associa-16

tion, educational institution, friends group, or 17

similar nonprofit partner organization for the 18

purpose of providing training and work experi-19

ence to Corps participants in areas such as 20

sales, office work, accounting, and management, 21

provided that the work experience directly re-22

lates to the conservation and management of el-23

igible service lands; and 24

181


‘‘(B) allow Corps participants to help pro-1

mote visitor safety and enjoyment of eligible 2

service lands, and assist in the gathering of vis-3

itor use data. 4

‘‘(3) INTERPRETATION.—The Secretary may 5

permit Corps participants to provide interpretation 6

or education services for the public under the direct 7

and immediate supervision of an agency employee— 8

‘‘(A) to provide orientation and informa-9

tion services to visitors; 10

‘‘(B) to assist agency employees in the de-11

livery of interpretive or educational programs 12

where audience size, environmental conditions, 13

safety, or other factors make such assistance 14

desirable; 15

‘‘(C) to present programs that relate the 16

personal experience of the Corps participants 17

for the purpose of promoting public awareness 18

of the Corps, the role of the Corps in public 19

land management agencies, and the availability 20

of the Corps to potential participants; and 21

‘‘(D) to create nonpersonal interpretive 22

products, such as website content, Junior Rang-23

er program books, printed handouts, and audio-24

visual programs.’’; 25

182


(7) in subsection (g) (as redesignated by para-1

graph (1))— 2

(A) in the matter preceding the first para-3

graph, by striking ‘‘those projects which’’ and 4

inserting ‘‘priority projects and other projects 5

that’’; and 6

(B) by striking paragraph (2) and insert-7

ing the following: 8

‘‘(2) will instill in Corps participants a work 9

ethic and a sense of public service;’’; and 10


‘‘(i) OTHER PARTICIPANTS.—The Secretary may 12

allow volunteers from other programs administered or des-13

ignated by the Secretary to participate as volunteers in 14

projects carried out under this section. 15

‘‘(j) CRIMINAL HISTORY CHECKS.— 16

‘‘(1) IN GENERAL.—The requirements of sec-17

tion 189D(b) of the National and Community Serv-18

ice Act of 1990 (42 U.S.C. 12645g(b)) shall apply 19

to each individual age 18 or older seeking— 20

‘‘(A) to become a Corps participant; 21

‘‘(B) to receive funds authorized under this 22

Act; or 23

183


‘‘(C) to supervise or otherwise have regular 1

contact with Corps participants in activities au-2

thorized under this Act. 3

‘‘(2) ELIGIBILITY PROHIBITION.—If any of 4

paragraphs (1) through (4) of section 189D(c) of 5

the National and Community Service Act of 1990 6

(42 U.S.C. 12645g(c)(1)–(4)) apply to an individual 7

described in paragraph (1), that individual shall not 8

be eligible for the position or activity described in 9

paragraph (1), unless the Secretary provides an ex-10

emption for good cause.’’. 11

(f) RESIDENTIAL CONSERVATION CENTERS AND 12

PROGRAM SUPPORT.—Section 205 (16 U.S.C. 1724) of 13

the Act is amended— 14

(1) in the section heading, by striking ‘‘CON-15

SERVATION’’ and inserting ‘‘RESIDENTIAL CON-16

SERVATION’’; 17

(2) in subsection (a)— 18

(A) by amending paragraph (1) to read as 19

follows: 20

‘‘(1) IN GENERAL.—The Secretary may estab-21

lish residential conservation centers for— 22

‘‘(A) such housing, food service, medical 23

care, transportation, and other services as the 24

184


Secretary deems necessary for Corps partici-1

pants; and 2

‘‘(B) the conduct of appropriate natural 3

and cultural resources conservation projects 4

under this Act.’’; 5

(B) by striking paragraph (2); 6

(C) by redesignating paragraphs (3) and 7

(4) as paragraphs (2) and (3), respectively; 8

(D) in paragraph (2) (as redesignated by 9

subparagraph (C)), in the heading, by striking 10

‘‘FOR CONSERVATION CENTERS’’; and 11

(E) in paragraph (3) (as redesignated by 12

subparagraph (C)), by striking ‘‘a State or local 13

government agency’’ and inserting ‘‘another 14

Federal agency, State, local government,’’; 15

(3) in subsection (b)— 16

(A) by striking ‘‘The Secretary’’ and in-17


‘‘(1) IN GENERAL.—The Secretary’’; and 19

(B) by adding at the end the following: 20

‘‘(2) TEMPORARY HOUSING.—The Secretary 21

may make arrangements with another Federal agen-22

cy, State, local government, or private organization 23

to provide temporary housing for Corps participants 24

as needed and available. 25

185


‘‘(3) TRANSPORTATION.—In project areas 1

where Corps participants can reasonably be expected 2

to reside at their own homes, the Secretary may 3

fund or provide transportation to and from project 4

sites.’’; 5

(4) by redesignating subsection (d) as sub-6

section (f); 7

(5) by inserting after subsection (c) the fol-8

lowing: 9

‘‘(d) FACILITIES.—The Secretary may, as an appro-10

priate natural and cultural resources conservation project, 11

direct Corps participants to aid in the construction or re-12

habilitation of residential conservation center facilities, in-13

cluding housing. 14

‘‘(e) MENTORS.—The Secretary may recruit from 15

programs, such as Federal volunteer and encore service 16

programs, and from veterans groups, military retirees, and 17

active duty personnel, such adults as may be suitable and 18

qualified to provide training, mentoring, and crew-leading 19

services to Corps participants.’’; and 20

(6) in subsection (f) (as redesignated by para-21

graph (4)), by striking ‘‘that are appropriate’’ and 22

all that follows through the period and inserting 23

‘‘that the Secretary determines to be necessary for 24

a residential conservation center.’’. 25

186


(g) RESOURCE ASSISTANTS AND CONSULTING IN-1

TERNS.—Section 206 of the Act (16 U.S.C. 1725) is 2

amended— 3

(1) in the section heading, by inserting ‘‘AND 4

CONSULTING INTERNS’’ before the period; 5

(2) by striking subsections (a) and (b) and in-6


‘‘(a) AUTHORIZATION.— 8

‘‘(1) RESOURCE ASSISTANTS.— 9


provide individual placements of resource assist-11

ants with any agency under the jurisdiction of 12

the Secretary that carries out appropriate nat-13

ural and cultural resources conservation 14

projects to carry out research or resource pro-15

tection activities on behalf of the agency. 16

‘‘(B) ELIGIBILITY.—To be eligible for se-17

lection as a resource assistant, an individual 18

shall be at least 17 years of age. 19

‘‘(C) PREFERENCE.—In selecting resource 20

assistants for placement under this paragraph, 21

the Secretary shall give a preference to individ-22

uals who are enrolled in an institution of higher 23

education or are recent graduates from an insti-24

tution of higher education, with particular at-25

187


tention given to ensuring full representation of 1

women and participants from Historically Black 2

Colleges and Universities, Hispanic-serving in-3

stitutions, and Tribal Colleges and Universities. 4

‘‘(2) CONSULTING INTERNS.— 5


provide individual placements of consulting in-7

terns with any agency under the jurisdiction of 8

the Secretary that carries out appropriate nat-9

ural and cultural resources conservation 10

projects to carry out management analysis ac-11

tivities on behalf of the agency. 12

‘‘(B) ELIGIBILITY.—To be eligible for se-13

lection as a consulting intern, an individual 14

shall be enrolled in, and have completed at least 15

1 full year at, a graduate or professional school 16

that has been accredited by an accrediting body 17

recognized by the Secretary of Education. 18

‘‘(b) USE OF EXISTING NONPROFIT ORGANIZA-19

TIONS.— 20

‘‘(1) IN GENERAL.—Whenever 1 or more non-21

profit organizations can provide appropriate recruit-22

ment and placement services to fulfill the require-23

ments of this section, the Secretary may implement 24

this section through such organizations. 25

188


‘‘(2) EXPENSES.—Participating organizations 1

shall contribute to the expenses of providing and 2

supporting the resource assistants or consulting in-3

terns from sources of funding other than the Sec-4

retary, at a level of not less than 25 percent of the 5

total costs (15 percent of which may be from in-kind 6

sources) of each participant in the resource assistant 7

or consulting intern program who has been recruited 8

and placed through that organization. 9

‘‘(3) REPORTING.—Each participating organi-10

zation shall be required to submit an annual report 11

evaluating the scope, size, and quality of the pro-12

gram, including the value of work contributed by the 13

resource assistants and consulting interns, to the 14

mission of the agency.’’. 15

(h) TECHNICAL AMENDMENT.—The Act is amended 16

by redesignating sections 207 through 211 (16 U.S.C. 17

1726 through 1730) as sections 209 through 213, respec-18

tively. 19

(i) INDIAN YOUTH SERVICE CORPS.—The Act is 20

amended by inserting after section 206 (16 U.S.C. 1725) 21

the following: 22

‘‘SEC. 207. INDIAN YOUTH SERVICE CORPS. 23

‘‘(a) AUTHORIZATION OF COOPERATIVE AGREE-24

MENTS AND COMPETITIVE GRANTS.—The Secretary is au-25

189


thorized to enter into cooperative agreements with, or 1

make competitive grants to, Indian tribes and qualified 2

youth or conservation corps for the establishment and ad-3

ministration of Indian Youth Service Corps programs to 4

carry out appropriate natural and cultural resources con-5

servation projects on Indian lands. 6

‘‘(b) APPLICATION.—To be eligible to receive assist-7

ance under this section, an Indian tribe or a qualified 8

youth or conservation corps shall submit to the Secretary 9

an application in such manner and containing such infor-10

mation as the Secretary may require, including— 11

‘‘(1) a description of the methods by which In-12

dian youth will be recruited for and retained in the 13

Indian Youth Service Corps; 14

‘‘(2) a description of the projects to be carried 15

out by the Indian Youth Service Corps; 16

‘‘(3) a description of how the projects were 17

identified; and 18

‘‘(4) an explanation of the impact of, and the 19

direct community benefits provided by, the proposed 20

projects.’’. 21

(j) GUIDANCE.—The Act is amended by inserting 22

after section 207 (as amended by subsection (i)) the fol-23

lowing: 24

190


‘‘SEC. 208. GUIDANCE. 1

‘‘Not later than 18 months after funds are made 2

available to the Secretary to carry out this Act, the Sec-3

retary shall issue guidelines for the management of pro-4

grams under the jurisdiction of the Secretary that are au-5

thorized under this Act.’’. 6

(k) LIVING ALLOWANCES AND TERMS OF SERV-7

ICE.—Section 209 of the Act (16 U.S.C. 1726) (as redes-8

ignated by subsection (h)) is amended by striking sub-9

sections (a), (b), and (c) and inserting the following: 10

‘‘(a) LIVING ALLOWANCES.— 11

‘‘(1) IN GENERAL.—The Secretary shall provide 12

each Corps participant with a living allowance in an 13

amount established by the Secretary. 14

‘‘(2) COST-OF-LIVING DIFFERENTIAL; TRAVEL 15

COSTS.—The Secretary may— 16

‘‘(A) apply a cost-of-living differential to 17

the living allowances established under para-18

graph (1); and 19

‘‘(B) if the Secretary determines reim-20

bursement to be appropriate, reimburse Corps 21

participants for travel costs at the beginning 22

and end of the term of service of the Corps par-23

ticipants. 24

‘‘(b) TERMS OF SERVICE.— 25

191


‘‘(1) IN GENERAL.—Each Corps participant 1

shall agree to participate for such term of service as 2

may be established by the Secretary. 3

‘‘(2) CONSULTATIONS.—With respect to the In-4

dian Youth Service Corps, the term of service shall 5

be established in consultation with the affected In-6

dian tribe or tribally authorized organization. 7

‘‘(c) HIRING PREFERENCE AND FUTURE EMPLOY-8

MENT.—The Secretary may— 9

‘‘(1) grant to a Corps participant credit for 10

time served as a Corps participant, which may be 11

used toward future Federal hiring; 12

‘‘(2) provide to a former participant of the 13

Corps or the Indian Youth Service Corps non-14

competitive hiring status for a period of not more 15

than 2 years after the date on which the service of 16

the candidate in the Corps or the Indian Youth 17

Service Corps was complete, if the candidate— 18

‘‘(A) has served a minimum of 960 hours 19

on an appropriate natural or cultural resources 20

conservation project that included at least 120 21

hours through the Corps or the Indian Youth 22

Service Corps; and 23

192


‘‘(B) meets Office of Personnel Manage-1

ment qualification standards for the position for 2

which the candidate is applying; 3

‘‘(3) provide to a former resource assistant or 4

consulting intern noncompetitive hiring status for a 5

period of not more than 2 years after the date on 6

which the individual has completed an under-7

graduate or graduate degree, respectively, from an 8

accredited institution, if the candidate— 9

‘‘(A) successfully fulfilled the resource as-10

sistant or consulting intern program require-11

ments; and 12

‘‘(B) meets Office of Personnel Manage-13

ment qualification standards for the position for 14

which the candidate is applying; and 15

‘‘(4) provide, or enter into contracts or coopera-16

tive agreements with qualified employment agencies 17

to provide, alumni services such as job and edu-18

cation counseling, referrals, verification of service, 19

communications, and other appropriate services to 20

Corps participants who have completed the term of 21

service.’’. 22

(l) NATIONAL SERVICE EDUCATIONAL AWARDS.— 23

Section 210 (16 U.S.C. 1727) of the Act (as redesignated 24

by subsection (h)) is amended— 25

193


(1) in subsection (a) (as amended by subsection 1

(a)(4)), in the first sentence— 2

(A) by striking ‘‘participant in the Corps 3

or a resource assistant’’ and inserting ‘‘Corps 4

participant’’; and 5

(B) by striking ‘‘participant or resource as-6

sistant’’ and inserting ‘‘Corps participant’’; and 7

(2) in subsection (b)— 8

(A) by striking ‘‘either participants in the 9

Corps or resource assistants’’ and inserting 10

‘‘Corps participants’’; and 11

(B) by striking ‘‘or a resource assistant’’. 12

(m) NONDISPLACEMENT.—Section 211 of the Act 13

(16 U.S.C. 1728) (as redesignated by subsection (h)) is 14

amended by striking ‘‘activities carried out’’ and all that 15

follows through the period and inserting ‘‘Corps partici-16

pants.’’. 17

(n) FUNDING.—Section 212 of the Act (16 U.S.C. 18

1729) (as redesignated by subsection (h)) is amended— 19

(1) in subsection (a)— 20


(i) in the second sentence, by striking 22

‘‘non-federal sources’’ and inserting 23

‘‘sources other than the Secretary’’; and 24

194


(ii) by inserting after the second sen-1

tence the following: ‘‘The Secretary may 2

pay up to 90 percent of the costs of a 3

project if the Secretary determines that the 4

reduction is necessary to enable participa-5

tion from a greater range of organizations 6

or individuals.’’; and 7

(B) in paragraph (2), by inserting ‘‘or In-8

dian Youth Service Corps’’ after ‘‘Corps’’ each 9

place it appears; 10

(2) by amending subsection (b) to read as fol-11

lows: 12

‘‘(b) FUNDS AVAILABLE UNDER NATIONAL AND 13

COMMUNITY SERVICE ACT.—To carry out this Act, the 14

Secretary shall be eligible to apply for and receive assist-15

ance under section 121(b) of the National and Community 16

Service Act (42 U.S.C. 12571(b)).’’; and 17

(3) in subsection (c)— 18

(A) by striking ‘‘section 211’’ and insert-19

ing ‘‘section 213’’; and 20

(B) by inserting ‘‘or Indian Youth Service 21

Corps’’ after ‘‘Corps’’. 22

(o) AUTHORIZATION OF APPROPRIATIONS.—Section 23

213 of the Act (16 U.S.C. 1730) (as redesignated by sub-24

section (h)) is amended— 25

195


(1) by amending subsection (a) to read as fol-1

lows: 2

‘‘(a) IN GENERAL.—There are authorized to be ap-3

propriated such sums as may be necessary to carry out 4

this Act.’’; 5

(2) by striking subsection (b); and 6

(3) by redesignating subsection (c) as sub-7

section (b). 8

TITLE XLV—PATENT MODIFICA-9

TIONS AND VALIDATIONS 10

SEC. 4501. WHITEFISH LIGHTHOUSE PATENT MODIFICA-11

TION, MICHIGAN. 12

(a) MODIFICATION OF LAND GRANT PATENT ISSUED 13

BY SECRETARY OF THE INTERIOR.—The Secretary of the 14

Interior shall modify the matter under the heading ‘‘SUB-15

JECT ALSO TO THE FOLLOWING CONDITIONS’’ of para-16

graph 6 of United States Patent Number 61–2000–0007 17

by striking ‘‘Whitefish Point Comprehensive Plan of Octo-18

ber 1992 or for a gift shop’’ and inserting ‘‘Human Use/ 19

Natural Resource Plan for Whitefish Point, dated Decem-20

ber 2002’’. 21

(b) REVIEW OF MODIFICATIONS AND UNDER-22

TAKINGS.— 23

(1) MODIFICATIONS TO HUMAN USE/NATURAL 24

RESOURCE PLAN FOR WHITEFISH POINT.—Each 25

196


modification to the Human Use/Natural Resource 1

Plan for Whitefish Point, dated December 2002, de-2

scribed in the matter under the heading ‘‘SUBJECT 3

ALSO TO THE FOLLOWING CONDITIONS’’ of para-4

graph 6 of United States Patent Number 61–2000– 5

0007 shall be subject to the review process estab-6

lished under— 7

(A) section 106 of the National Historic 8

Preservation Act (16 U.S.C. 470f); and 9

(B) part 800 of title 36, Code of Federal 10

Regulations. 11

(2) FEDERAL OR FEDERALLY ASSISTED UN-12

DERTAKINGS.—Each Federal or federally assisted 13

undertaking (as described in section 106 of the Na-14

tional Historic Preservation Act (16 U.S.C. 470f)) 15

proposed to be carried out within the boundaries of 16

the Whitefish Point Light Station shall be subject to 17

the review process established under— 18

(A) section 106 of the National Historic 19

Preservation Act (16 U.S.C. 470f); and 20

(B) part 800 of title 36, Code of Federal 21

Regulations. 22

(c) EFFECTIVE DATE.— 23

(1) IN GENERAL.—The modification of United 24

States Patent Number 61–2000–0007 in accordance 25

197


with subsection (b) shall become effective on the 1

date of the recording of the modification in the Of-2

fice of the Register of Deeds of Chippewa County of 3

the State of Michigan. 4

(2) ENDORSEMENT.—The Office of the Reg-5

ister of Deeds of Chippewa County of the State of 6

Michigan is requested to endorse on the recorded 7

copy of United States Patent Number 61–2000– 8

0007 the fact that the Patent Number has been 9

modified in accordance with this title. 10

SEC. 4502. COYOTE SPRINGS PATENT VALIDATION. 11

Patent No. 27–2005–0081 and its associated land re-12

configuration issued by the Bureau of Land Management 13

on February 18, 2005, is hereby affirmed and validated 14

as having been issued pursuant to and in compliance with 15

the provisions of the Nevada-Florida Land Exchange Au-16

thorization Act of 1988 (Public Law 100–275), the Na-17

tional Environmental Policy Act of 1969 (42 U.S.C. 4321 18

et seq.), and the Federal Land Policy and Management 19

Act of 1976 (43 U.S.C. 1701 et seq.) for the benefit of 20

the desert tortoise and other species and their habitat to 21

increase the likelihood of their recovery. The process uti-22

lized by the United States Fish and Wildlife Service and 23

the Bureau of Land Management in reconfiguring the 24

lands as shown on Exhibit 1–4 of the Final Environmental 25

198


Impact Statement for the Planned Development Project 1

MSHCP, Lincoln County, NV (FWS–R8–ES–2008– 2

N0136) and the reconfiguration provided for in Special 3

Condition 10 of Army Corps of Engineers Permit No. 4

000005042 are hereby ratified. 5

DIVISION E—NATIONAL 6

HERITAGE AREAS 7

TITLE L—SUSQUHANNA GATE-8

WAY NATIONAL HERITAGE 9

AREA 10


In this title: 12

(1) HERITAGE AREA.—The term ‘‘Heritage 13

Area’’ means the Susquehanna Gateway National 14

Heritage Area established by section 5002(a). 15

(2) LOCAL COORDINATING ENTITY.—The term 16

‘‘local coordinating entity’’ means the local coordi-17

nating entity for the Heritage Area designated by 18

section 5003(a). 19


ment plan’’ means the plan developed by the local 21

coordinating entity under section 5004(a). 22



199



of Pennsylvania. 2

SEC. 5002. SUSQUEHANNA GATEWAY NATIONAL HERITAGE 3

AREA. 4

(a) ESTABLISHMENT.—There is established the Sus-5

quehanna Gateway National Heritage Area in the State. 6

(b) BOUNDARIES.—The Heritage Area shall include 7

Lancaster and York Counties, Pennsylvania. 8

SEC. 5003. DESIGNATION OF LOCAL COORDINATING ENTI-9

TY. 10

(a) LOCAL COORDINATING ENTITY.—The Susque-11

hanna Heritage Corporation, a nonprofit organization es-12

tablished under the laws of the State, shall be the local 13

coordinating entity for the Heritage Area. 14

(b) AUTHORITIES OF LOCAL COORDINATING ENTI-15

TY.—The local coordinating entity may, for purposes of 16

preparing and implementing the management plan, use 17

Federal funds made available under this title— 18

(1) to prepare reports, studies, interpretive ex-19

hibits and programs, historic preservation projects, 20

and other activities recommended in the manage-21

ment plan for the Heritage Area; 22

(2) to make grants to the State, political sub-23

divisions of the State, nonprofit organizations, and 24

other persons; 25

200


(3) to enter into cooperative agreements with 1

the State, political subdivisions of the State, non-2

profit organizations, and other organizations; 3

(4) to hire and compensate staff; 4

(5) to obtain funds or services from any source, 5

including funds and services provided under any 6

other Federal program or law; and 7

(6) to contract for goods and services. 8

(c) DUTIES OF LOCAL COORDINATING ENTITY.—To 9

further the purposes of the Heritage Area, the local co-10

ordinating entity shall— 11

(1) prepare a management plan for the Herit-12

age Area in accordance with section 5004; 13

(2) give priority to the implementation of ac-14

tions, goals, and strategies set forth in the manage-15

ment plan, including assisting units of government 16

and other persons in— 17

(A) carrying out programs and projects 18

that recognize and protect important resource 19

values in the Heritage Area; 20

(B) encouraging economic viability in the 21

Heritage Area in accordance with the goals of 22

the management plan; 23

(C) establishing and maintaining interpre-24

tive exhibits in the Heritage Area; 25

201


(D) developing heritage-based recreational 1

and educational opportunities for residents and 2

visitors in the Heritage Area; 3

(E) increasing public awareness of and ap-4

preciation for the natural, historic, and cultural 5

resources of the Heritage Area; 6

(F) restoring historic buildings that are— 7

(i) located in the Heritage Area; and 8

(ii) related to the themes of the Herit-9

age Area; and 10

(G) installing throughout the Heritage 11

Area clear, consistent, and appropriate signs 12

identifying public access points and sites of in-13

terest; 14

(3) consider the interests of diverse units of 15

government, businesses, tourism officials, private 16

property owners, and nonprofit groups within the 17

Heritage Area in developing and implementing the 18

management plan; 19

(4) conduct public meetings at least semiannu-20

ally regarding the development and implementation 21

of the management plan; and 22

(5) for any fiscal year for which Federal funds 23

are received under this title— 24

202


(A) submit to the Secretary an annual re-1

port that describes— 2

(i) the accomplishments of the local 3

coordinating entity; 4

(ii) the expenses and income of the 5

local coordinating entity; and 6

(iii) the entities to which the local co-7

ordinating entity made any grants; 8

(B) make available for audit all records re-9

lating to the expenditure of the Federal funds 10

and any matching funds; and 11

(C) require, with respect to all agreements 12

authorizing the expenditure of Federal funds by 13

other organizations, that the receiving organiza-14

tions make available for audit all records relat-15

ing to the expenditure of the Federal funds. 16

(d) PROHIBITION ON ACQUISITION OF REAL PROP-17

ERTY.— 18

(1) IN GENERAL.—The local coordinating entity 19

shall not use Federal funds received under this title 20

to acquire real property or any interest in real prop-21

erty. 22

(2) OTHER SOURCES.—Nothing in this title 23

precludes the local coordinating entity from using 24

Federal funds from other sources for authorized 25

203


purposes, including the acquisition of real property 1

or any interest in real property. 2


(a) IN GENERAL.—Not later than 3 years after the 4

date on which funds are first made available to carry out 5

this title, the local coordinating entity shall prepare and 6

submit to the Secretary a management plan for the Herit-7

age Area. 8

(b) CONTENTS.—The management plan for the Her-9

itage Area shall— 10

(1) include comprehensive policies, strategies, 11

and recommendations for the conservation, funding, 12

management, and development of the Heritage Area; 13

(2) take into consideration existing State, coun-14

ty, and local plans; 15

(3) specify the existing and potential sources of 16

funding to protect, manage, and develop the Herit-17

age Area; 18

(4) include an inventory of the natural, historic, 19

cultural, educational, scenic, and recreational re-20

sources of the Heritage Area relating to the themes 21

of the Heritage Area that should be preserved, re-22

stored, managed, developed, or maintained; and 23

(5) include an analysis of, and recommenda-24

tions for, ways in which Federal, State, and local 25

204


programs, may best be coordinated to further the 1

purposes of this title, including recommendations for 2

the role of the National Park Service in the Heritage 3

Area. 4

(c) DISQUALIFICATION FROM FUNDING.—If a pro-5

posed management plan is not submitted to the Secretary 6

by the date that is 3 years after the date on which funds 7

are first made available to carry out this title, the local 8

coordinating entity may not receive additional funding 9

under this title until the date on which the Secretary re-10

ceives the proposed management plan. 11

(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT 12

PLAN.— 13

(1) IN GENERAL.—Not later than 180 days 14

after the date on which the local coordinating entity 15

submits the management plan to the Secretary, the 16

Secretary shall approve or disapprove the proposed 17

management plan. 18

(2) CONSIDERATIONS.—In determining whether 19

to approve or disapprove the management plan, the 20

Secretary shall consider whether— 21

(A) the local coordinating entity is rep-22

resentative of the diverse interests of the Herit-23

age Area, including governments, natural and 24

historic resource protection organizations, edu-25

205


cational institutions, businesses, and rec-1

reational organizations; 2

(B) the local coordinating entity has pro-3

vided adequate opportunities (including public 4

meetings) for public and governmental involve-5

ment in the preparation of the management 6

plan; 7

(C) the resource protection and interpreta-8

tion strategies contained in the management 9

plan, if implemented, would adequately protect 10

the natural, historic, and cultural resources of 11

the Heritage Area; and 12

(D) the management plan is supported by 13

the appropriate State and local officials, the co-14

operation of which is needed to ensure the ef-15

fective implementation of the State and local 16

aspects of the management plan. 17

(3) DISAPPROVAL AND REVISIONS.— 18

(A) IN GENERAL.—If the Secretary dis-19

approves a proposed management plan, the Sec-20

retary shall— 21

(i) advise the local coordinating entity, 22

in writing, of the reasons for the dis-23

approval; and 24

206


(ii) make recommendations for revi-1

sion of the proposed management plan. 2

(B) APPROVAL OR DISAPPROVAL.—The 3

Secretary shall approve or disapprove a revised 4

management plan not later than 180 days after 5

the date on which the revised management plan 6

is submitted. 7

(e) APPROVAL OF AMENDMENTS.— 8

(1) IN GENERAL.—The Secretary shall review 9

and approve or disapprove substantial amendments 10

to the management plan in accordance with sub-11

section (d). 12

(2) FUNDING.—Funds appropriated under this 13

title may not be expended to implement any changes 14

made by an amendment to the management plan 15

until the Secretary approves the amendment. 16

SEC. 5005. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 17

(a) IN GENERAL.—Nothing in this title affects the 18

authority of a Federal agency to provide technical or fi-19

nancial assistance under any other law. 20

(b) CONSULTATION AND COORDINATION.—The head 21

of any Federal agency planning to conduct activities that 22

may have an impact on the Heritage Area is encouraged 23

to consult and coordinate the activities with the Secretary 24

and the local coordinating entity to the extent practicable. 25

207


(c) OTHER FEDERAL AGENCIES.—Nothing in this 1

title— 2

(1) modifies, alters, or amends any law or regu-3

lation authorizing a Federal agency to manage Fed-4

eral land under the jurisdiction of the Federal agen-5

cy; 6

(2) limits the discretion of a Federal land man-7

ager to implement an approved land use plan within 8

the boundaries of the Heritage Area; or 9

(3) modifies, alters, or amends any authorized 10

use of Federal land under the jurisdiction of a Fed-11

eral agency. 12

SEC. 5006. PRIVATE PROPERTY AND REGULATORY PROTEC-13

TIONS. 14

Nothing in this title— 15

(1) abridges the rights of any property owner 16

(whether public or private), including the right to re-17

frain from participating in any plan, project, pro-18

gram, or activity conducted within the Heritage 19

Area; 20

(2) requires any property owner to permit pub-21

lic access (including access by Federal, State, or 22

local agencies) to the property of the property 23

owner, or to modify public access or use of property 24

208


of the property owner under any other Federal, 1

State, or local law; 2

(3) alters any duly adopted land use regulation, 3

approved land use plan, or other regulatory author-4

ity of any Federal, State, or local agency, or conveys 5

any land use or other regulatory authority to the 6

local coordinating entity; 7

(4) authorizes or implies the reservation or ap-8

propriation of water or water rights; 9

(5) diminishes the authority of the State to 10

manage fish and wildlife, including the regulation of 11

fishing and hunting within the Heritage Area; or 12

(6) creates any liability, or affects any liability 13

under any other law, of any private property owner 14

with respect to any person injured on the private 15

property. 16

SEC. 5007. EVALUATION; REPORT. 17

(a) IN GENERAL.—Not later than 3 years before the 18

date on which authority for Federal funding terminates 19

for the Heritage Area, the Secretary shall— 20

(1) conduct an evaluation of the accomplish-21

ments of the Heritage Area; and 22

(2) prepare a report in accordance with sub-23

section (c). 24

209


(b) EVALUATION.—An evaluation conducted under 1

subsection (a)(1) shall— 2

(1) assess the progress of the local coordinating 3

entity with respect to— 4

(A) accomplishing the purposes of this title 5

for the Heritage Area; and 6

(B) achieving the goals and objectives of 7

the approved management plan for the Heritage 8

Area; 9

(2) analyze the Federal, State, local, and pri-10

vate investments in the Heritage Area to determine 11

the leverage and impact of the investments; and 12

(3) review the management structure, partner-13

ship relationships, and funding of the Heritage Area 14

for purposes of identifying the critical components 15

for sustainability of the Heritage Area. 16

(c) REPORT.— 17

(1) IN GENERAL.—Based on the evaluation con-18

ducted under subsection (a)(1), the Secretary shall 19

prepare a report that includes recommendations for 20

the future role of the National Park Service, if any, 21

with respect to the Heritage Area. 22

(2) REQUIRED ANALYSIS.—If the report pre-23

pared under paragraph (1) recommends that Fed-24

210


eral funding for the Heritage Area be reauthorized, 1

the report shall include an analysis of— 2

(A) ways in which Federal funding for the 3

Heritage Area may be reduced or eliminated; 4

and 5

(B) the appropriate time period necessary 6

to achieve the recommended reduction or elimi-7

nation. 8

(3) SUBMISSION TO CONGRESS.—On completion 9

of the report, the Secretary shall submit the report 10

to— 11






(a) IN GENERAL.—There is authorized to be appro-17

priated to carry out this title $10,000,000, of which not 18

more than $1,000,000 may be authorized to be appro-19

priated for any fiscal year. 20

(b) COST-SHARING REQUIREMENT.—The Federal 21

share of the cost of any activity carried out using funds 22

made available under this title shall be not more than 50 23

percent. 24

211


SEC. 5009. TERMINATION OF AUTHORITY. 1



15 years after the date of enactment of this Act. 4

TITLE LI—ALABAMA BLACK 5

BELT NATIONAL HERITAGE 6

AREA 7


In this title: 9

(1) NATIONAL HERITAGE AREA.—The term 10

‘‘National Heritage Area’’ means the Alabama Black 11

Belt National Heritage Area established by this title. 12

(2) LOCAL COORDINATING ENTITY.—The term 13

‘‘local coordinating entity’’ means the Center for the 14

Study of the Black Belt at the University of West 15

Alabama. 16


ment plan’’ means the plan prepared by the local co-18

ordinating entity for the National Heritage Area in 19

accordance with this title. 20



212


SEC. 5102. DESIGNATION OF ALABAMA BLACK BELT NA-1

TIONAL HERITAGE AREA. 2

(a) ESTABLISHMENT.—There is hereby established 3

the Alabama Black Belt National Heritage Area in the 4

State of Alabama. 5

(b) BOUNDARIES.—The National Heritage Area shall 6

consist of sites as designated by the management plan 7

within a core area located in Alabama, consisting of Bibb, 8

Bullock, Butler, Choctaw, Clarke, Conecuh, Dallas, 9

Greene, Hale, Lowndes, Macon, Marengo, Monroe, Mont-10

gomery, Perry, Pickens, Sumter, Washington, and Wilcox 11

counties. 12

SEC. 5103. LOCAL COORDINATING ENTITY. 13

(a) DESIGNATION.—The Center for the Study of the 14

Black Belt at the University of West Alabama shall be 15

the local coordinating entity for the National Heritage 16

Area. 17

(b) DUTIES.—To further the purposes of the Na-18

tional Heritage Area, the local coordinating entity shall— 19

(1) submit a management plan to the Secretary 20

in accordance with this title; 21

(2) submit an annual report to the Secretary 22

for each fiscal year for which the local coordinating 23

entity receives Federal funds under this title, speci-24

fying— 25

213


(A) the specific performance goals and ac-1

complishments of the local coordinating entity; 2

(B) the expenses and income of the local 3

coordinating entity; 4

(C) the amounts and sources of matching 5

funds; 6

(D) the amounts of non-Federal funds le-7

veraged with Federal funds and sources of the 8

leveraging; and 9

(E) grants made to any other entities dur-10

ing the fiscal year; 11

(3) make available for audit, for each fiscal 12

year for which the local coordinating entity receives 13

Federal funds under this title, all information per-14

taining to the expenditure of the funds and any 15

matching funds; and 16

(4) encourage economic viability and sustain-17

ability that is consistent with the purposes of the 18

National Heritage Area. 19

(c) AUTHORITIES.—For the purposes of preparing 20

and implementing the approved management plan, the 21

local coordinating entity may use Federal funds received 22

under this title— 23

214


(1) to make grants to political jurisdictions, 1

nonprofit organizations, and other parties within the 2

National Heritage Area; 3

(2) to enter into cooperative agreements with or 4

provide technical assistance to political jurisdictions, 5

nonprofit organizations, Federal agencies, and other 6

interested parties; 7

(3) to hire and compensate staff, including indi-8

viduals with expertise in— 9

(A) natural, historical, cultural, edu-10

cational, scenic, and recreational resource con-11

servation; 12

(B) economic and community development; 13

and 14

(C) heritage planning; 15

(4) to obtain funds or services from any source, 16

including other Federal programs; 17

(5) to contract for goods or services; and 18

(6) to support activities of partners and any 19

other activities that further the purposes of the Na-20

tional Heritage Area and are consistent with the ap-21

proved management plan. 22

(d) PROHIBITION ON ACQUISITION OF REAL PROP-23

ERTY.—The local coordinating entity may not use Federal 24

215


funds received under this title to acquire any interest in 1

real property. 2


(a) REQUIREMENTS.—The management plan shall— 4

(1) describe comprehensive policies, goals, strat-5

egies, and recommendations for telling the story of 6

the heritage of the area covered by the National 7

Heritage Area and encouraging long-term resource 8

protection, enhancement, interpretation, funding, 9

management, and development of the National Her-10

itage Area; 11

(2) include a description of actions and commit-12

ments that Federal, State, and local governments, 13

private organizations, and citizens plan to take to 14

protect, enhance, interpret, fund, manage, and de-15

velop the natural, historical, cultural, educational, 16

scenic, and recreational resources of the National 17

Heritage Area; 18

(3) specify existing and potential sources of 19

funding or economic development strategies to pro-20

tect, enhance, interpret, fund, manage, and develop 21

the National Heritage Area; 22

(4) include an inventory of the natural, histor-23

ical, cultural, educational, scenic, and recreational 24

resources of the National Heritage Area related to 25

216


the national importance and themes of the National 1

Heritage Area that should be protected, enhanced, 2

interpreted, funded, managed, and developed; 3

(5) include recommendations for resource man-4

agement policies and strategies, including the devel-5

opment of intergovernmental and interagency agree-6

ments to protect, enhance, interpret, fund, manage, 7

and develop the natural, historical, cultural, edu-8

cational, scenic, and recreational resources of the 9

National Heritage Area; 10

(6) describe a program for implementation of 11

the management plan, including— 12

(A) performance goals; 13

(B) plans for resource protection, enhance-14

ment, interpretation, funding, management, and 15

development; and 16

(C) specific commitments for implementa-17

tion that have been made by the local coordi-18

nating entity or any Federal, State, or local 19

government agency, organization, business, or 20

individual; 21

(7) include an analysis of, and recommenda-22

tions for, means by which Federal, State, and local 23

programs may best be coordinated (including the 24

role of the National Park Service and other Federal 25

217


agencies associated with the National Heritage 1

Area) to further the purposes of this title; and 2

(8) include a business plan that— 3

(A) describes the role, operation, financing, 4

and functions of the local coordinating entity 5

and of each of the major activities described in 6

the management plan; and 7

(B) provides adequate assurances that the 8

local coordinating entity has the partnerships 9

and financial and other resources necessary to 10

implement the management plan. 11

(b) DEADLINE.— 12


the date on which funds are made available pursuant 14

to this title to develop the management plan, the 15

local coordinating entity shall submit the manage-16

ment plan to the Secretary for approval. 17

(2) TERMINATION OF FUNDING.—If the man-18

agement plan is not submitted to the Secretary in 19

accordance with paragraph (1), the local coordi-20

nating entity may not receive any additional finan-21

cial assistance under this title until such time as the 22

management plan is submitted to and approved by 23

the Secretary. 24

(c) APPROVAL OF MANAGEMENT PLAN.— 25

218


(1) REVIEW.—Not later than 180 days after re-1

ceiving the management plan, the Secretary shall re-2

view and approve or disapprove the management 3

plan on the basis of the criteria listed in paragraph 4

(3). 5

(2) CONSULTATION.—The Secretary shall con-6

sult with the Governor of Alabama before approving 7

a management plan. 8

(3) CRITERIA FOR APPROVAL.—In determining 9

whether to approve a management plan, the Sec-10

retary shall consider whether— 11

(A) the local coordinating entity— 12

(i) represents the diverse interests of 13

the National Heritage Area, including Fed-14

eral, State, and local governments, natural, 15

and historical resource protection organiza-16

tions, educational institutions, businesses, 17

recreational organizations, community resi-18

dents, and private property owners; 19

(ii) has afforded adequate opportunity 20

for public and Federal, State, and local 21

governmental involvement (including 22

through workshops and public meetings) in 23

the preparation of the management plan; 24

219


(iii) provides for at least semiannual 1

public meetings to ensure adequate imple-2

mentation of the management plan; and 3

(iv) has demonstrated the financial 4

capability, in partnership with others, to 5

carry out the management plan; 6

(B) the management plan— 7

(i) describes resource protection, en-8

hancement, interpretation, funding, man-9

agement, and development strategies 10

which, if implemented, would adequately 11

protect, enhance, interpret, fund, manage, 12

and develop the natural, historical, cul-13

tural, educational, scenic, and recreational 14

resources of the National Heritage Area; 15

(ii) would not adversely affect any ac-16

tivities authorized on Federal land under 17

public applicable laws or land use plans; 18

(iii) demonstrates partnerships among 19

the local coordinating entity, Federal, 20

State, and local governments, regional 21

planning organizations, nonprofit organiza-22

tions, and private sector parties for imple-23

mentation of the management plan; and 24

220


(iv) complies with the requirements of 1

this section; and 2

(C) the Secretary has received adequate 3

assurances from the appropriate State and local 4

officials whose support is needed that the State 5

and local aspects of the management plan will 6

be effectively implemented. 7

(4) DISAPPROVAL.— 8

(A) IN GENERAL.—If the Secretary dis-9

approves the management plan, the Secretary— 10

(i) shall advise the local coordinating 11

entity in writing of the reasons for the dis-12

approval; and 13

(ii) may make recommendations to the 14

local coordinating entity for revisions to 15

the management plan. 16

(B) DEADLINE.—Not later than 180 days 17

after receiving a revised management plan, the 18

Secretary shall approve or disapprove the re-19

vised management plan. 20

(5) AMENDMENTS.— 21

(A) IN GENERAL.—An amendment to the 22

approved management plan that substantially 23

alters such plan shall be reviewed by the Sec-24

221


retary and approved or disapproved in the same 1

manner as the original management plan. 2

(B) IMPLEMENTATION.—The local coordi-3

nating entity shall not use Federal funds re-4

ceived under this title to implement a substan-5

tial amendment to the management plan until 6

the Secretary approves the amendment. 7

(6) AUTHORITIES.—The Secretary may— 8

(A) provide technical assistance under the 9

authority of this title for the development and 10

implementation of the management plan; and 11

(B) enter into cooperative agreements with 12

interested parties to carry out this title. 13

SEC. 5105. EVALUATION; REPORT. 14

(a) EVALUATION.—The Secretary shall conduct an 15

evaluation of the accomplishments of the National Herit-16

age Area. An evaluation conducted under this subsection 17

shall— 18

(1) assess the progress of the local coordinating 19

entity with respect to— 20

(A) accomplishing the purposes of this title 21

for the National Heritage Area; and 22

(B) achieving the goals and objectives of 23

the approved management plan; 24

222


(2) analyze the Federal, State, and local gov-1

ernment, and private investments in the National 2

Heritage Area to determine the impact of the invest-3

ments; and 4

(3) review the management structure, partner-5

ship relationships, and funding of the National Her-6

itage Area for purposes of identifying the critical 7

components for sustainability of the National Herit-8

age Area. 9

(b) REPORT.—Not later than 3 years before the date 10

on which authority for Federal funding terminates for the 11

National Heritage Area under this title, based on the eval-12

uation conducted under subsection (a), the Secretary shall 13

submit a report to the Committee on Natural Resources 14

of the House of Representatives and the Committee on 15

Energy and Natural Resources of the Senate. The report 16

shall include recommendations for the future role of the 17

National Park Service, if any, with respect to the National 18

Heritage Area. 19

SEC. 5106. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 20

(a) IN GENERAL.—Nothing in this title affects the 21

authority of a Federal agency to provide technical or fi-22

nancial assistance under any other law. 23

(b) CONSULTATION AND COORDINATION.—The head 24

of any Federal agency planning to conduct activities that 25

223


may have an impact on the National Heritage Area is en-1

couraged to consult and coordinate the activities with the 2

Secretary and the local coordinating entity to the max-3

imum extent practicable. 4

(c) OTHER FEDERAL AGENCIES.—Nothing in this 5

title— 6

(1) modifies, alters, or amends any law or regu-7

lation authorizing a Federal agency to manage Fed-8

eral land under the jurisdiction of the Federal agen-9

cy; 10

(2) limits the discretion of a Federal land man-11

ager to implement an approved land use plan within 12

the boundaries of the National Heritage Area; or 13

(3) modifies, alters, or amends any authorized 14

use of Federal land under the jurisdiction of a Fed-15

eral agency. 16

SEC. 5107. PRIVATE PROPERTY AND REGULATORY PROTEC-17

TIONS. 18

Nothing in this title— 19

(1) abridges the rights of any owner of public 20

or private property, including the right to refrain 21

from participating in any plan, project, program, or 22

activity conducted within the National Heritage 23

Area; 24

224


(2) requires any property owner to permit pub-1

lic access (including access by Federal, State, tribal, 2

or local agencies) to the property of the property 3

owner, or to modify public access or use of property 4

of the property owner under any other Federal, 5

State, tribal, or local law; 6

(3) alters any duly adopted land use regulation, 7

approved land use plan, or other regulatory author-8

ity of any Federal, State, tribal, or local agency, or 9

conveys any land use or other regulatory authority 10

to any local coordinating entity, including develop-11

ment and management of energy, water, or water-re-12

lated infrastructure; 13

(4) authorizes or implies the reservation or ap-14

propriation of water or water rights; 15

(5) diminishes the authority of the State to 16

manage fish and wildlife, including the regulation of 17

fishing and hunting within the National Heritage 18

Area; or 19

(6) creates any liability, or affects any liability 20

under any other law, of any private property owner 21

with respect to any person injured on the private 22

property. 23

225



(a) AUTHORIZATION OF APPROPRIATIONS.—Subject 2

to subsection (b), there are authorized to be appropriated 3

to carry out this title not more than $1,000,000 for any 4

fiscal year. Funds so appropriated shall remain available 5

until expended. 6

(b) LIMITATION ON TOTAL AMOUNTS APPRO-7

PRIATED.—Not more than $10,000,000 may be appro-8

priated to carry out this title. 9

(c) COST-SHARING REQUIREMENT.—The Federal 10

share of the total cost of any activity under this title shall 11

be not more than 50 percent. The non-Federal contribu-12

tion may be in the form of in-kind contributions of goods 13

or services fairly valued. 14

SEC. 5109. USE OF FEDERAL FUNDS FROM OTHER 15

SOURCES. 16

Nothing in this title shall preclude the local coordi-17

nating entity from using Federal funds available under 18

other laws for the purposes for which those funds were 19

authorized. 20

SEC. 5110. TERMINATION OF FINANCIAL ASSISTANCE. 21



15 years after the date of the enactment of this title. 24

226


DIVISION F—BUREAU OF LAND 1

MANAGEMENT AUTHORIZA-2

TIONS 3

TITLE LX—NATIONAL CON-4

SERVATION AREAS AND HIS-5

TORIC SITES 6

Subtitle A—Rıo Grande Del Norte 7

National Conservation Area 8



(1) CONSERVATION AREA.—The term ‘‘Con-11

servation Area’’ means the Rıo Grande del Norte 12

National Conservation Area established by section 13

6002(a)(1). 14

(2) LAND GRANT COMMUNITY.—The term 15

‘‘land grant community’’ means a member of the 16

Board of Trustees of confirmed and nonconfirmed 17

community land grants within the Conservation 18

Area. 19


ment plan’’ means the management plan for the 21

Conservation Area developed under section 6002(d). 22


titled ‘‘Rıo Grande del Norte National Conservation 24

Area’’ and dated November 4, 2009. 25

227





of New Mexico. 4

SEC. 6002. ESTABLISHMENT OF NATIONAL CONSERVATION 5

AREA. 6

(a) ESTABLISHMENT.— 7

(1) IN GENERAL.—There is established the Rıo 8

Grande del Norte National Conservation Area in the 9

State. 10

(2) AREA INCLUDED.—The Conservation Area 11

shall consist of approximately 235,980 acres of pub-12

lic land in Taos and Rıo Arriba counties in the 13

State, as generally depicted on the map. 14

(b) PURPOSES.—The purposes of the Conservation 15

Area are to conserve, protect, and enhance for the benefit 16

and enjoyment of present and future generations the cul-17

tural, archaeological, natural, ecological, geological, histor-18

ical, wildlife, educational, recreational, and scenic re-19

sources of the Conservation Area. 20

(c) MANAGEMENT.— 21


the Conservation Area— 23

228


(A) in a manner that conserves, protects, 1

and enhances the resources of the Conservation 2

Area; and 3


(i) the Federal Land Policy and Man-5

agement Act of 1976 (43 U.S.C. 1701 et 6

seq.); 7

(ii) this subtitle; and 8

(iii) any other applicable laws. 9

(2) USES.— 10

(A) IN GENERAL.—The Secretary shall 11

allow only such uses of the Conservation Area 12

that the Secretary determines would further the 13

purposes described in subsection (b). 14

(B) USE OF MOTORIZED VEHICLES.— 15

(i) IN GENERAL.—Except as needed 16

for administrative purposes or to respond 17

to an emergency, the use of motorized ve-18

hicles in the Conservation Area shall be 19

permitted only on roads designated for use 20

by motorized vehicles in the management 21

plan. 22

(ii) NEW ROADS.—No additional road 23

shall be built within the Conservation Area 24

after the date of enactment of this Act un-25

229


less the road is needed for public safety or 1

natural resource protection. 2

(C) GRAZING.—The Secretary shall permit 3

grazing within the Conservation Area, where es-4

tablished before the date of enactment of this 5

Act— 6

(i) subject to all applicable laws (in-7

cluding regulations) and Executive orders; 8

and 9

(ii) consistent with the purposes de-10

scribed in subsection (b). 11

(D) COLLECTION OF PINON NUTS AND 12

FIREWOOD.—Nothing in this section precludes 13

the traditional collection of firewood and pinon 14

nuts for noncommercial personal use within the 15

Conservation Area— 16

(i) in accordance with any applicable 17

laws; and 18



propriate. 21

(E) UTILITY RIGHT-OF-WAY UPGRADES.— 22

Nothing in this section precludes the Secretary 23

from renewing or authorizing the upgrading 24

(including widening) of an existing utility right- 25

230


of-way through the Conservation Area in a 1

manner that minimizes harm to the purposes of 2

the Conservation Area described in subsection 3

(b)— 4

(i) in accordance with— 5

(I) the National Environmental 6

Policy Act of 1969 (42 U.S.C. 4321 7

et seq.); and 8

(II) any other applicable law; and 9



propriate. 12

(F) TRIBAL CULTURAL USES.— 13

(i) ACCESS.—The Secretary shall, in 14

consultation with Indian tribes or pueb-15

los— 16

(I) ensure the protection of reli-17

gious and cultural sites in the Con-18

servation Area; and 19

(II) provide access to the sites by 20

members of Indian tribes or pueblos 21

for traditional cultural and customary 22

uses, consistent with Public Law 95– 23

341 (commonly known as the ‘‘Amer-24

231


ican Indian Religious Freedom Act’’) 1

(42 U.S.C. 1996). 2

(ii) TEMPORARY CLOSURES.—In ac-3

cordance with Public Law 95–341 (com-4

monly known as the ‘‘American Indian Re-5

ligious Freedom Act’’) (42 U.S.C. 1996), 6

the Secretary, on request of an Indian 7

tribe or pueblo, may temporarily close to 8

general public use 1 or more specific areas 9

of the Conservation Area in order to pro-10

tect traditional cultural and customary 11

uses in those areas by members of the In-12

dian tribe or the pueblo. 13

(d) MANAGEMENT PLAN.— 14



shall develop a management plan for the Conserva-17

tion Area. 18

(2) OTHER PLANS.—To the extent consistent 19

with this subtitle, the plan may incorporate in the 20

management plan the Rıo Grande Corridor Manage-21

ment Plan in effect on the date of enactment of this 22

Act. 23

(3) CONSULTATION.—The management plan 24

shall be developed in consultation with— 25

232


(A) State and local governments; 1

(B) tribal governmental entities; 2

(C) land grant communities; and 3

(D) the public. 4

(4) CONSIDERATIONS.—In preparing and imple-5

menting the management plan, the Secretary shall 6

consider the recommendations of Indian tribes and 7

pueblos on methods for— 8

(A) ensuring access to religious and cul-9

tural sites; 10

(B) enhancing the privacy and continuity 11

of traditional cultural and religious activities in 12

the Conservation Area; and 13

(C) protecting traditional cultural and reli-14

gious sites in the Conservation Area. 15

(e) INCORPORATION OF ACQUIRED LAND AND INTER-16

ESTS IN LAND.—Any land that is within the boundary of 17

the Conservation Area that is acquired by the United 18

States shall— 19

(1) become part of the Conservation Area; and 20


(A) this subtitle; and 22


(f) SPECIAL MANAGEMENT AREAS.— 24

233


(1) IN GENERAL.—The establishment of the 1

Conservation Area shall not change the management 2

status of any area within the boundary of the Con-3

servation Area that is— 4

(A) designated as a component of the Na-5

tional Wild and Scenic Rivers System under the 6

Wild and Scenic Rivers Act (16 U.S.C. 1271 et 7

seq.); or 8

(B) managed as an area of critical environ-9

mental concern. 10

(2) CONFLICT OF LAWS.—If there is a conflict 11

between the laws applicable to the areas described in 12

paragraph (1) and this subtitle, the more restrictive 13

provision shall control. 14

SEC. 6003. DESIGNATION OF WILDERNESS AREAS. 15

(a) IN GENERAL.—In accordance with the Wilderness 16

Act (16 U.S.C. 1131 et seq.), the following areas in the 17

Conservation Area are designated as wilderness and as 18

components of the National Wilderness Preservation Sys-19

tem: 20

(1) CERRO DEL YUTA WILDERNESS.—Certain 21


ment in Taos County, New Mexico, comprising ap-23

proximately 13,420 acres as generally depicted on 24

234


the map, which shall be known as the ‘‘Cerro del 1

Yuta Wilderness’’. 2

(2) RIO SAN ANTONIO WILDERNESS.—Certain 3


ment in Rıo Arriba County, New Mexico, comprising 5

approximately 8,000 acres, as generally depicted on 6

the map, which shall be known as the ‘‘Rıo San An-7

tonio Wilderness’’. 8

(b) MANAGEMENT OF WILDERNESS AREAS.—Subject 9

to valid existing rights, the wilderness areas designated 10

by subsection (a) shall be administered in accordance with 11

the Wilderness Act (16 U.S.C. 1131 et seq.) and this sub-12

title, except that with respect to the wilderness areas des-13

ignated by this subtitle— 14

(1) any reference to the effective date of the 15

Wilderness Act shall be considered to be a reference 16

to the date of enactment of this Act; and 17


Secretary of Agriculture shall be considered to be a 19

reference to the Secretary. 20


ESTS IN LAND.—Any land or interest in land within the 22

boundary of the wilderness areas designated by subsection 23

(a) that is acquired by the United States shall— 24

235


(1) become part of the wilderness area in which 1

the land is located; and 2


(A) the Wilderness Act (16 U.S.C. 1131 et 4

seq.); 5

(B) this subtitle; and 6


(d) GRAZING.—Grazing of livestock in the wilderness 8

areas designated by subsection (a), where established be-9

fore the date of enactment of this Act, shall be adminis-10

tered in accordance with— 11

(1) section 4(d)(4) of the Wilderness Act (16 12

U.S.C. 1133(d)(4)); and 13

(2) the guidelines set forth in Appendix A of 14

the Report of the Committee on Interior and Insular 15

Affairs to accompany H.R. 2570 of the 101st Con-16

gress (H. Rept. 101–405). 17

(e) BUFFER ZONES.— 18


ates a protective perimeter or buffer zone around 20

any wilderness area designated by subsection (a). 21

(2) ACTIVITIES OUTSIDE WILDERNESS 22

AREAS.—The fact that an activity or use on land 23

outside any wilderness area designated by subsection 24

(a) can be seen or heard within the wilderness area 25

236


shall not preclude the activity or use outside the 1

boundary of the wilderness area. 2

(f) RELEASE OF WILDERNESS STUDY AREAS.—Con-3

gress finds that, for purposes of section 603(c) of the Fed-4

eral Land Policy and Management Act of 1976 (43 U.S.C. 5

1782(c)), the public land within the San Antonio Wilder-6

ness Study Area not designated as wilderness by this sec-7

tion— 8

(1) has been adequately studied for wilderness 9

designation; 10

(2) is no longer subject to section 603(c) of the 11

Federal Land Policy and Management Act of 1976 12

(43 U.S.C. 1782(c)); and 13

(3) shall be managed in accordance with this 14

subtitle. 15

SEC. 6004. GENERAL PROVISIONS. 16

(a) MAPS AND LEGAL DESCRIPTIONS.— 17



shall file the map and legal descriptions of the Con-20

servation Area and the wilderness areas designated 21

by section 6003(a) with— 22



237




(2) FORCE OF LAW.—The map and legal de-3

scriptions filed under paragraph (1) shall have the 4

same force and effect as if included in this subtitle, 5

except that the Secretary may correct errors in the 6

legal description and map. 7

(3) PUBLIC AVAILABILITY.—The map and legal 8

descriptions filed under paragraph (1) shall be on 9

file and available for public inspection in the appro-10

priate offices of the Bureau of Land Management. 11

(b) NATIONAL LANDSCAPE CONSERVATION SYS-12

TEM.—The Conservation Area and the wilderness areas 13

designated by section 6003(a) shall be administered as 14

components of the National Landscape Conservation Sys-15

tem. 16

(c) FISH AND WILDLIFE.—Nothing in this subtitle 17

affects the jurisdiction of the State with respect to fish 18

and wildlife located on public land in the State, except that 19

the Secretary, after consultation with the New Mexico De-20

partment of Game and Fish, may designate zones where, 21

and establishing periods when, hunting shall not be al-22

lowed for reasons of public safety, administration, or pub-23

lic use and enjoyment. 24

238


(d) WITHDRAWALS.—Subject to valid existing rights, 1

any Federal land within the Conservation Area and the 2

wilderness areas designated by section 6003(a), including 3

any land or interest in land that is acquired by the United 4

States after the date of enactment of this Act, is with-5

drawn from— 6


public land laws; 8


laws; and 10

(3) operation of the mineral leasing, mineral 11

materials, and geothermal leasing laws. 12

(e) TREATY RIGHTS.—Nothing in this subtitle en-13

larges, diminishes, or otherwise modifies any treaty rights. 14




Subtitle B—Gold Hill Ranch, 18

California 19



(1) GOLD HILL RANCH.—The term ‘‘Gold Hill 22

Ranch’’ means the approximately 272 acres of land 23

located in Coloma, California, as generally depicted 24

239


on the map entitled ‘‘Gold Hill–Wakamatsu Site’’ 1

and dated May 7, 2009. 2



SEC. 6012. GOLD HILL RANCH. 5

(a) ACQUISITION.—The Secretary may acquire the 6

Gold Hill Ranch, including any interest in the Gold Hill 7

Ranch, by purchase from a willing seller with donated or 8

appropriated funds, donation, or exchange. 9

(b) MANAGEMENT.—The Secretary shall manage any 10

land or interest in land acquired under subsection (a) in 11


(1) this subtitle; 13

(2) the Federal Land Policy and Management 14

Act of 1976 (43 U.S.C. 1701 et seq.); and 15

(3) any other applicable laws. 16

(c) COOPERATIVE AGREEMENT.— 17

(1) IN GENERAL.—The Secretary may enter 18

into a cooperative agreement with public or non-19

profit entities to interpret the history of the 20

Wakamatsu Tea and Silk Farm Colony and related 21

pioneer history associated with Japanese immigra-22

tion to the area, including the history of traditional 23

Japanese crops and farming practices and the con-24

240


tribution of those practices to the agricultural econ-1

omy of the State of California. 2

(2) INCLUSIONS.—The cooperative agreement 3

referred to in paragraph (1) may include provisions 4

for the design and development of a visitor center to 5

further public education and interpretation of the 6

Gold Hill Ranch. 7




Subtitle C—Orange County, 11

California 12

SEC. 6021. PRESERVATION OF ROCKS AND SMALL ISLANDS 13

ALONG THE COAST OF ORANGE COUNTY, 14

CALIFORNIA. 15

(a) CALIFORNIA COASTAL NATIONAL MONUMENT.— 16

The Act of February 18, 1931, entitled ‘‘An Act to reserve 17

for public use rocks, pinnacles, reefs, and small islands 18

along the seacoast of Orange County, California’’ is 19

amended by striking ‘‘temporarily reserved’’ and all that 20

follows through ‘‘United States’’ and inserting ‘‘part of 21

the California Coastal National Monument and shall be 22

administered as such’’. 23

(b) REPEAL OF RESERVATION.—Section 31 of the 24

Act of May 28, 1935, entitled ‘‘An Act to authorize the 25

241


Secretary of Commerce to dispose of certain lighthouse 1

reservations, and for other purposes’’ is hereby repealed. 2

TITLE LXI—LAND CONVEYANCES 3

AND EXCHANGES 4

Subtitle A—Southeast Arizona 5

Land Exchange 6


In this subtitle: 8

(1) APACHE LEAP.—The term ‘‘Apache Leap’’ 9

means the approximately 822 acres of land depicted 10

on the map entitled ‘‘Apache Leap’’ and dated Janu-11

ary 2009. 12


means the approximately 2,406 acres of land located 14

in Pinal County, Arizona, depicted on the map enti-15

tled ‘‘Southeast Arizona Land Exchange and Con-16

servation Act of 2009–Federal Parcel–Oak Flat’’ 17

and dated January 2009. 18

(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 19

has the meaning given the term in section 4 of the 20

Indian Self-Determination and Education Assistance 21

Act (25 U.S.C. 450b). 22


eral land’’ means the parcels of land owned by Reso-24

lution Copper that are described in section 6103(a). 25

242


(5) OAK FLAT WITHDRAWAL AREA.—The term 1

‘‘Oak Flat Withdrawal Area’’ means the approxi-2

mately 760 acres of land depicted on the map enti-3

tled ‘‘Oak Flat Withdrawal Area’’ and dated Janu-4

ary 2009. 5

(6) RESOLUTION COPPER.—The term ‘‘Resolu-6

tion Copper’’ means Resolution Copper Mining, 7

LLC, a Delaware limited liability company, includ-8

ing any successor, assign, affiliate, member, or joint 9

venturer of Resolution Copper Mining, LLC. 10




of Arizona. 14

(9) TOWN.—The term ‘‘Town’’ means the town 15

of Superior, Arizona. 16



subtitle, if Resolution Copper offers to convey to the 19

United States all right, title, and interest of Resolution 20

Copper in and to the non-Federal land, and if the Sec-21

retary determines that the public interest would be well 22

served by making the exchange, the Secretary shall convey 23

to Resolution Copper, all right, title, and interest of the 24

United States in and to the Federal land. 25

243


(b) COMPLIANCE WITH APPLICABLE LAW.— 1

(1) IN GENERAL.—Except as otherwise pro-2

vided in this subtitle, the Secretary shall carry out 3

the land exchange under this section in accordance 4

with section 206 of the Federal Land Policy and 5

Management Act of 1976 (43 U.S.C. 1716) and 6

other applicable laws, including the National Envi-7

ronmental Policy Act of 1969 (42 U.S.C. 4321 et 8

seq.). 9

(2) ENVIRONMENTAL REVIEW DOCUMENT.— 10

(A) IN GENERAL.—To the maximum ex-11

tent practicable under the National Environ-12

mental Policy Act of 1969 (42 U.S.C. 4321 et 13

seq.) and Council on Environmental Quality 14

regulations, the Secretary, in consultation with 15

the Secretary of the Interior and other affected 16

Federal agencies, shall prepare a single environ-17

mental review document, which shall be used as 18

the basis for all decisions under Federal law re-19

lated to the land exchange and connected agen-20

cy decisions related to the proposed mine on the 21

Federal land. 22

(B) EFFECT OF PARAGRAPH.—Nothing in 23

this paragraph precludes the Secretary from 24

using separate environmental review documents 25

244


prepared in accordance with the National Envi-1

ronmental Policy Act of 1969 (42 U.S.C. 4321 2

et seq.) or other applicable laws for exploration 3

or other activities not involving— 4

(i) the land exchange; or 5

(ii) the extraction of minerals in com-6

mercial quantities by Resolution Copper on 7

or under the Federal land. 8

(c) CONDITIONS ON ACCEPTANCE.— 9

(1) TITLE.—Title to any non-Federal land con-10

veyed by Resolution Copper to the United States 11

under this subtitle shall be in a form that is accept-12

able to— 13

(A) the Secretary, for land to be adminis-14

tered by the Forest Service; and 15

(B) the Secretary of the Interior, for land 16

to be administered by the Bureau of Land 17

Management. 18

(2) TERMS AND CONDITIONS.—The conveyance 19

of the Federal land and non-Federal land under this 20

subtitle shall be subject to such terms and conditions 21

as the Secretary and the Secretary of the Interior 22

may require. 23

(d) CONSULTATION WITH INDIAN TRIBES.—Prior to 24

making a public interest determination under subsection 25

245


(a), the Secretary shall engage in government-to-govern-1

ment consultation with affected Indian tribes concerning 2

issues related to the exchange, in accordance with applica-3

ble laws (including regulations). 4

(e) APPRAISALS.— 5


the date of enactment of this Act, the Secretary and 7

Resolution Copper shall select an appraiser to con-8

duct appraisals of the Federal land and non-Federal 9

land. 10

(2) REQUIREMENTS.— 11

(A) IN GENERAL.—Except as provided in 12

subparagraph (B), an appraisal prepared under 13

paragraph (1) shall be conducted in accordance 14

with nationally recognized appraisal standards, 15

including— 16

(i) the Uniform Appraisal Standards 17

for Federal Land Acquisitions; and 18

(ii) the Uniform Standards of Profes-19

sional Appraisal Practice. 20

(B) FINAL APPRAISED VALUE.— 21

(i) IN GENERAL.—After the final ap-22

praised value is determined and approved 23

by the Secretary, the Secretary shall not 24

be required to reappraise or update the 25

246


final appraised value for a period of 3 1

years beginning on the date of the ap-2

proval by the Secretary of the final ap-3

praised value. 4

(ii) REAPPRAISAL.—Nothing in this 5

subparagraph precludes the Secretary, 6

prior to entering into an exchange agree-7

ment with Resolution Copper, from requir-8

ing a reappraisal or update of the final ap-9

praisal if the Secretary determines that 10

such reappraisal or update is necessary. 11

(iii) IMPROVEMENTS.—Any improve-12

ments made by Resolution Copper prior to 13

entering into an exchange agreement shall 14

not be included in the appraised value of 15

the Federal land. 16

(C) PUBLIC REVIEW.—Before imple-17

menting the land exchange under this subtitle, 18

the Secretary shall make the appraisals of the 19

land to be exchanged (or a summary thereof) 20

available for public review. 21

(3) ADDITIONAL APPRAISAL INFORMATION.— 22

(A) IN GENERAL.—The appraiser selected 23

under this subsection shall prepare a detailed 24

income capitalization approach analysis, in ac-25

247


cordance with the appraisal requirements re-1

ferred to in paragraph (2)(A), of the market 2

value of the Federal land, even if the income 3

capitalization approach analysis is not the ap-4

praisal approach relied on by the appraiser to 5

determine the market value of the Federal land. 6

(B) INCLUSION IN FINAL APPRAISAL RE-7

PORT.—The income capitalization approach 8

analysis under subparagraph (A) shall be in-9

cluded in the final appraisal report of the Fed-10

eral land. 11

(f) EQUAL VALUE LAND EXCHANGE.— 12

(1) IN GENERAL.—The value of the Federal 13

land and non-Federal land to be exchanged under 14

this subtitle shall be equal or shall be equalized in 15

accordance with this subsection. 16

(2) SURPLUS OF FEDERAL LAND VALUE.— 17

(A) IN GENERAL.—If the final appraised 18

value of the Federal land exceeds the value of 19

the non-Federal land, Resolution Copper 20

shall— 21

(i) convey additional non-Federal land 22

in the State to the Secretary or the Sec-23

retary of the Interior, consistent with the 24

248


requirements of this subtitle and subject to 1

the approval of the applicable Secretary; 2

(ii) make a cash payment to the 3

United States; or 4

(iii) use a combination of the methods 5

described in clauses (i) and (ii), as agreed 6

to by Resolution Copper, the Secretary, 7

and the Secretary of the Interior. 8

(B) AMOUNT OF PAYMENT.—The Sec-9

retary may accept a payment in excess of 25 10

percent of the total value of the land or inter-11

ests conveyed, notwithstanding section 206(b) 12

of the Federal Land Policy and Management 13

Act of 1976 (43 U.S.C. 1716(b)). 14

(C) DISPOSITION AND USE OF PRO-15

CEEDS.—Any amounts received by the United 16

States under this paragraph shall be deposited 17

in the fund established under Public Law 90- 18

171 (commonly known as the ‘‘Sisk Act’’) (16 19

U.S.C. 484a) and shall be made available to the 20

Secretary, without further appropriation, for 21

the acquisition of land for addition to the Na-22

tional Forest System in the State. 23

249


(3) SURPLUS OF NON-FEDERAL LAND.—If the 1

final appraised value of the non-Federal land ex-2

ceeds the value of the Federal land— 3

(A) the United States shall not make a 4

payment to Resolution Copper to equalize the 5

value; and 6

(B) except as provided in section 6108, the 7

surplus value of the non-Federal land shall be 8

considered to be a donation by Resolution Cop-9

per to the United States. 10

(g) OAK FLAT WITHDRAWAL AREA.— 11

(1) IN GENERAL.—Subject to the provisions of 12

this subsection and notwithstanding any withdrawal 13

of the Oak Flat Withdrawal Area from the mining, 14

mineral leasing, or public land laws, the Secretary 15

may authorize Resolution Copper to carry out min-16

eral exploration activities— 17

(A) under the Oak Flat Withdrawal Area, 18

so long as such activities would not disturb the 19

surface of the area; and 20

(B) on the Oak Flat Withdrawal Area (but 21

not within the Oak Flat Campground), so long 22

as such activities are conducted from a single 23

exploratory drill pad. 24

250


(2) CONDITIONS.—Any activities undertaken in 1

accordance with this subsection shall be subject to 2

such terms and conditions as the Secretary may re-3

quire. 4

(3) TERMINATION.—The authorization for Res-5

olution Copper to undertake mineral exploration ac-6

tivities under this subsection shall terminate on the 7

earlier of— 8

(A) the date the land is conveyed to Reso-9

lution Copper in accordance with this subtitle; 10

or 11

(B) the date that is 3 years after the date 12

a special use permit is issued in accordance 13

with this subsection. 14

(h) COSTS.—As a condition of the land exchange, 15

Resolution Copper shall agree to pay, without compensa-16

tion, any costs that are— 17

(1) associated with the land exchange; and 18

(2) agreed to by the Secretary. 19

(i) INTENT OF CONGRESS.— 20

(1) IN GENERAL.—It is the intent of Congress 21

that the Secretary shall complete any necessary envi-22

ronmental reviews and public interest determination 23

on the land exchange not later than 3 years after 24

251


the date Resolution Copper submits a mining plan of 1

operation to the Secretary. 2

(2) AGREEMENT.—If the Secretary determines 3

that the public interest would be well served by mak-4

ing the land exchange, it is the intent of Congress 5

that the Secretary seek to enter into an exchange 6

agreement not later than 90 days after the date of 7

the public interest determination. 8

SEC. 6103. CONVEYANCE AND MANAGEMENT OF NON-FED-9

ERAL LAND. 10

(a) CONVEYANCE.—On receipt of title to the Federal 11

land, Resolution Copper shall simultaneously convey— 12

(1) to the Secretary of Agriculture, all right, 13

title, and interest that the Secretary determines to 14

be acceptable in and to— 15

(A) the approximately 147 acres of land lo-16

cated in Gila County, Arizona, depicted on the 17

map entitled ‘‘Southeast Arizona Land Con-18

servation Act of 2009–Non-Federal Parcel–Tur-19

key Creek’’ and dated January 2009; 20

(B) the approximately 148 acres of land 21

located in Yavapai County, Arizona, depicted on 22

the map entitled ‘‘Southeast Arizona Land Con-23

servation Act of 2009–Non-Federal Parcel– 24

Tangle Creek’’ and dated January 2009; 25

252


(C) the approximately 149 acres of land lo-1

cated in Maricopa County, Arizona, depicted on 2

the map entitled ‘‘Southeast Arizona Land Con-3


Cave Creek’’ and dated January 2009; 5

(D) the approximately 640 acres of land 6

located in Coconino County, Arizona, depicted 7

on the map entitled ‘‘Southeast Arizona Land 8

Exchange and Conservation Act of 2009–Non- 9

Federal Parcel–East Clear Creek’’ and dated 10

January 2009; 11

(E) the approximately 95 acres of land lo-12

cated in Pinal County, Arizona, depicted on the 13


servation Act of 2009–Non-Federal Parcel–The 15

Pond’’ and dated January 2009; and 16

(F) the approximately 110 acres of land lo-17

cated in Pinal County, Arizona, depicted on the 18



Apache Leap South End’’ and dated January 21

2009, subject to the retained right of Resolu-22

tion Copper to conduct underground activities 23

that— 24

253


(i) the Secretary determines would not 1

disturb the surface of Apache Leap; and 2

(ii) do not involve commercial mineral 3

extraction under Apache Leap; and 4

(2) to the Secretary of the Interior, all right, 5

title, and interest that the Secretary of the Interior 6

determines to be acceptable in and to— 7

(A) the approximately 3,050 acres of land 8

located in Pinal County, Arizona, identified as 9

‘‘Lands to DOI’’ as generally depicted on the 10

map entitled ‘‘Lower San Pedro River’’ and 11

dated June 3, 2009; 12

(B) the approximately 160 acres of land 13

located in Gila and Pinal Counties, Arizona, 14

identified as ‘‘Lands to DOI’’ as generally de-15

picted on the map entitled ‘‘Dripping Springs’’ 16

and dated June 3, 2009; and 17

(C) the approximately 940 acres of land lo-18

cated in Santa Cruz County, Arizona, identified 19

as ‘‘Lands to DOI’’ as generally depicted on the 20

map entitled ‘‘Appleton Ranch’’ and dated June 21

3, 2009. 22

(b) MANAGEMENT OF ACQUIRED LAND.— 23

(1) LAND ACQUIRED BY THE SECRETARY.— 24

254


(A) IN GENERAL.—Land acquired by the 1

Secretary under this subtitle shall— 2

(i) become part of the national forest 3

in which the land is located; and 4

(ii) be administered in accordance 5

with the laws applicable to the National 6

Forest System. 7

(B) BOUNDARY REVISION.—On acquisition 8

of land by the Secretary under this subtitle, the 9

boundaries of the national forest shall be modi-10

fied to reflect the inclusion of the acquired land. 11

(C) LAND AND WATER CONSERVATION 12

FUND.—For purposes of section 7 of the Land 13

and Water Conservation Fund Act of 1965 (16 14

U.S.C. 460l–9), the boundaries of a national 15

forest in which land acquired by the Secretary 16

is located shall be deemed to be the boundaries 17

of that forest as in existence on January 1, 18

1965. 19

(2) LAND ACQUIRED BY THE SECRETARY OF 20

THE INTERIOR.— 21

(A) SAN PEDRO RIPARIAN NATIONAL CON-22

SERVATION AREA.— 23

(i) IN GENERAL.—The following land 24

shall be added to, and administered as part 25

255


of, the San Pedro Riparian National Con-1

servation Area in accordance with the laws 2

(including regulations) applicable to the 3

Conservation Area: 4

(I) The land acquired by the Sec-5

retary of the Interior under subsection 6

(a)(2)(A). 7

(II) Any land acquired by the 8

Secretary of the Interior which is ad-9

jacent to the San Pedro Riparian Na-10

tional Conservation Area. 11

(ii) MANAGEMENT PLAN.—Not later 12

than 2 years after the date on which the 13

land is acquired, the Secretary of the Inte-14

rior shall update the management plan for 15

the San Pedro Riparian National Con-16

servation Area to reflect the management 17

requirements of the acquired land. 18

(B) DRIPPING SPRINGS.—Land acquired 19

by the Secretary of the Interior under sub-20

section (a)(2)(B) shall be managed in accord-21

ance with the Federal Land Policy and Man-22

agement Act of 1976 (43 U.S.C. 1701 et seq.) 23

and applicable land use plans. 24

256


(C) LAS CIENEGAS NATIONAL CONSERVA-1

TION AREA.—Land acquired by the Secretary of 2

the Interior under subsection (a)(2)(C) shall be 3

added to, and administered as part of, the Las 4

Cienegas National Conservation Area in accord-5

ance with the laws (including regulations) appli-6

cable to the Conservation Area. 7

(c) SURRENDER OF RIGHTS.—In addition to the con-8

veyance of the non-Federal land conveyed to the United 9

States under this subtitle, and as a condition of the land 10

exchange, Resolution Copper shall surrender to the United 11

States, without compensation, the rights held by Resolu-12

tion Copper under the mining laws and other laws of the 13

United States to commercially extract minerals under— 14

(1) Apache Leap; and 15

(2) the property described in subsection 16

(a)(1)(E) (commonly known as ‘‘The Pond’’). 17

SEC. 6104. RECREATIONAL ACCESS AND IMPROVEMENTS. 18

(a) RECREATIONAL ACCESS AND FACILITIES.— 19

(1) IN GENERAL.—As a condition of the land 20

exchange under this subtitle, Resolution Copper 21

shall pay to the Secretary $1,250,000, to improve 22

access and facilities for dispersed recreation and 23

other outdoor recreational activities as provided in 24

paragraph (2). 25

257


(2) USE OF AMOUNTS.—The Secretary shall use 1

the amount paid in accordance with paragraph (1), 2

without further appropriation, to construct or im-3

prove road access, turnouts, trails, parking areas, or 4

facilities for dispersed recreation and other outdoor 5

recreational activities as the Secretary determines to 6

be appropriate. 7

(3) PREFERRED LOCATIONS.—To the maximum 8

extent practicable, the funds made available under 9

this subsection shall be used by the Secretary on na-10

tional forest land— 11

(A) in the general area north of Arizona 12

State Highway 60; or 13

(B) in the general area along Arizona 14

State Highway 177. 15

(b) DETERMINATION OF VALUE.—Amounts paid by 16

Resolution Copper under this section shall not be consid-17

ered in determining the value of the Federal and non-Fed-18

eral land under section 6102(f). 19

SEC. 6105. VALUE ADJUSTMENT PAYMENT TO UNITED 20

STATES. 21

(a) ANNUAL PRODUCTION REPORTING.— 22

(1) IN GENERAL.—As a condition of the ex-23

change, beginning on February 15 of the first cal-24

endar year beginning after the date of commence-25

258


ment of production of valuable locatable minerals in 1

commercial quantities from the Federal land con-2

veyed to Resolution Copper under section 6102, and 3

annually thereafter, Resolution Copper shall file with 4

the Secretary of the Interior a report indicating the 5

quantity of locatable minerals produced in commer-6

cial quantities from the Federal land during the pre-7

ceding calendar year. 8

(2) REPORT CONTENTS.—The reports under 9

paragraph (1) shall comply with any recordkeeping 10

and reporting requirements prescribed by the Sec-11

retary or required by applicable Federal laws in ef-12

fect at the time of production. 13

(b) PAYMENT ON PRODUCTION.—If the cumulative 14

production of valuable locatable minerals produced in com-15

mercial quantities from the Federal land conveyed to Res-16

olution Copper under section 6102 exceeds the quantity 17

of production of locatable minerals from the Federal land 18

used in the income capitalization approach analysis pre-19

pared under section 6102(e)(3), Resolution Copper shall 20

pay to the United States, by not later than March 15 of 21

each applicable calendar year, a value adjustment payment 22

for the quantity of excess production at the same rate as-23

sumed for the income capitalization approach analysis pre-24

pared under section 6102(e)(3). 25

259


(c) STATE LAW UNAFFECTED.—Nothing in this sec-1

tion modifies, expands, diminishes, amends, or otherwise 2

affects any State law relating to the imposition, applica-3

tion, timing, or collection of a State excise or severance 4

tax. 5

(d) USE OF FUNDS.—The funds paid to the United 6

States under this section shall be deposited in the fund 7

established under Public Law 90-171 (commonly known 8

as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and shall be made 9

available to the Secretary, without further appropriation, 10

for the acquisition of land for addition to the National 11

Forest System in the State. 12


Subject to valid existing rights, Apache Leap and any 14

land acquired by the United States under this subtitle is 15

withdrawn from all forms of— 16




laws; and 20

(3) disposition under the mineral leasing, min-21

eral materials, and geothermal leasing laws. 22

SEC. 6107. APACHE LEAP. 23

(a) MANAGEMENT.— 24

260



Apache Leap to preserve the natural character of 2

Apache Leap and to protect archeological and cul-3

tural resources located on Apache Leap. 4

(2) SPECIAL USE PERMITS.—The Secretary 5

may issue to Resolution Copper special use permits 6

allowing Resolution Copper to carry out under-7

ground activities (other than the commercial extrac-8

tion of minerals) under the surface of Apache Leap 9

that the Secretary determines would not disturb the 10

surface of the land, subject to any terms and condi-11

tions that the Secretary may require. 12

(3) FENCES; SIGNAGE.—The Secretary may 13

allow use of the surface of Apache Leap for installa-14

tion of fences, signs, or other measures necessary to 15

protect the health and safety of the public, protect 16

resources located on Apache Leap, or to ensure that 17

activities conducted under paragraph (2) do not af-18

fect the surface of Apache Leap. 19

(b) PLAN.— 20


the date of enactment of this Act, the Secretary, in 22

consultation with applicable Indian tribes, the Town, 23

Resolution Copper, and other interested members of 24

261


the public, shall prepare a management plan for 1

Apache Leap. 2

(2) CONSIDERATIONS.—In preparing the plan 3

under paragraph (1), the Secretary shall consider 4

whether additional measures are necessary to— 5

(A) protect the cultural, archaeological, or 6

historical resources of Apache Leap, including 7

permanent or seasonal closures of all or a por-8

tion of Apache Leap; and 9

(B) provide access for recreation. 10

SEC. 6108. CONVEYANCES TO TOWN OF SUPERIOR, ARI-11

ZONA. 12

(a) CONVEYANCES.— 13

(1) IN GENERAL.—On request from the Town 14

and subject to the provisions of this section, the Sec-15

retary shall convey to the Town the following: 16

(A) Approximately 30 acres of land as de-17

picted on the map entitled ‘‘Southeast Arizona 18

Land Exchange and Conservation Act of 2009– 19

Federal Parcel–Fairview Cemetery’’ and dated 20

January 2009. 21

(B) The reversionary interest and any re-22

served mineral interest of the United States in 23

the approximately 265 acre of land located in 24

Pinal County, Arizona, as depicted on the map 25

262


entitled ‘‘Southeast Arizona Land Exchange 1

and Conservation Act of 2009–Federal Rever-2

sionary Interest–Superior Airport’’ and dated 3

January 2009. 4

(C) The approximately 250 acres of land 5

located in Pinal County, Arizona, as depicted 6

on the map entitled ‘‘Southeast Arizona Land 7

Exchange and Conservation Act of 2009–Fed-8

eral Parcel–Superior Airport Contiguous Par-9

cels’’ and dated January 2009. 10

(b) PAYMENT.— 11

(1) IN GENERAL.—The Town shall pay to the 12

Secretary the fair market value for each parcel of 13

land or interest in land acquired under this section, 14

as determined by appraisals conducted in accordance 15

with section 6102(e). 16

(2) REDUCTION.—If the final appraised value 17

of the non-Federal land exceeds the value of the 18

Federal land under section 6102— 19

(A) the obligation of the Town to pay the 20

United States shall be reduced by an amount 21

not to exceed the excess value of the non-Fed-22

eral land conveyed to the United States; and 23

263


(B) the amount donated by Resolution 1

Copper to the United States shall be reduced 2

accordingly. 3

(c) SISK ACT.—Any payment received by the Sec-4

retary from the Town under this section shall be deposited 5

in the fund established under Public Law 90-171 (com-6

monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) and 7

shall be made available to the Secretary, without further 8

appropriation, for the acquisition of land for addition to 9

the National Forest System in the State. 10

(d) TERMS AND CONDITIONS.—The conveyances 11

under this section shall be subject to such terms and con-12

ditions as the Secretary may require. 13

Subtitle B—Salmon Lake Land 14

Selection Resolution 15

SEC. 6111. PURPOSE. 16

The purpose of this subtitle is to ratify the Salmon 17

Lake Area Land Ownership Consolidation Agreement en-18

tered into by the United States, the State of Alaska, and 19

the Bering Straits Native Corporation. 20



(1) AGREEMENT.—The term ‘‘Agreement’’ 23

means the document between the United States, the 24

264


State, and the Bering Straits Native Corporation 1

that— 2

(A) is entitled the ‘‘Salmon Lake Area 3

Land Ownership Consolidation Agreement’’; 4

(B) had an initial effective date of July 18, 5

2007, which was extended until January 1, 6

2011 by agreement of the parties to the Agree-7

ment effective January 1, 2009; and 8

(C) is on file with Department of the Inte-9

rior, the Committee on Energy and Natural Re-10

sources of the Senate, and the Committee on 11

Natural Resources of the House of Representa-12

tives. 13

(2) BERING STRAITS NATIVE CORPORATION.— 14

The term ‘‘Bering Straits Native Corporation’’ 15

means an Alaskan Native Regional Corporation 16

formed under the Alaska Native Claims Settlement 17

Act (43 U.S. C. 1601 et. seq.) for the Bering Straits 18

region of the State. 19




of Alaska. 23

265


SEC. 6113. RATIFICATION AND IMPLEMENTATION OF 1

AGREEMENT. 2


subtitle, Congress ratifies the Agreement. 4

(b) EASEMENTS.—The conveyance of land to the 5

Bering Straits Native Corporation, as specified in the 6

Agreement, shall include the reservation of the easements 7

that— 8

(1) are identified in Appendix E to the Agree-9

ment; and 10

(2) were developed by the parties to the Agree-11

ment in accordance with section 17(b) of the Alaska 12

Native Claims Settlement Act (43 U.S.C. 1616(b)). 13

(c) CORRECTIONS.—Beginning on the date of enact-14

ment of this Act, the Secretary, with the consent of the 15

other parties to the Agreement, may only make typo-16

graphical or clerical corrections to the Agreement and any 17

exhibits to the Agreement. 18

(d) AUTHORIZATION.—The Secretary shall carry out 19

all actions required by the Agreement. 20

Subtitle C—Southern Nevada High-21

er Education Land Conveyance 22



266


(1) BOARD OF REGENTS.—The term ‘‘Board of 1

Regents’’ means the Board of Regents of the Ne-2

vada System of Higher Education. 3

(2) CAMPUSES.—The term ‘‘Campuses’’ means 4

the Great Basin College, College of Southern Ne-5

vada, and University of Las Vegas, Nevada, cam-6

puses. 7


means each of the 3 parcels of Bureau of Land 9

Management land identified on the maps as ‘‘Parcel 10

to be Conveyed’’, of which— 11

(A) approximately 40 acres is to be con-12

veyed for the College of Southern Nevada; 13

(B) approximately 2,085 acres is to be 14

conveyed for the University of Nevada, Las 15

Vegas; and 16

(C) approximately 285 acres is to be con-17

veyed for the Great Basin College. 18

(4) MAP.—The term ‘‘Map’’ means each of the 19

3 maps entitled ‘‘Southern Nevada Higher Edu-20

cation Land Act’’, dated July 11, 2008, and on file 21


offices of the Bureau of Land Management. 23



267



of Nevada. 2

(7) SYSTEM.—The term ‘‘System’’ means the 3

Nevada System of Higher Education. 4

SEC. 6122. CONVEYANCES OF FEDERAL LAND TO THE SYS-5

TEM. 6

(a) CONVEYANCES.— 7

(1) IN GENERAL.—Notwithstanding section 202 8

of the Federal Land Policy and Management Act of 9

1976 (43 U.S.C. 1712) and section 1(c) of the Act 10

of June 14, 1926 (commonly known as the ‘‘Recre-11

ation and Public Purposes Act’’) (43 U.S.C. 869(c)), 12

and subject to all valid existing rights, the Secretary 13

shall— 14

(A) not later than 180 days after the date 15

of enactment of this Act, convey to the System, 16

without consideration, all right, title, and inter-17

est of the United States in and to the Federal 18

land for the Great Basin College and the Col-19

lege of Southern Nevada; and 20

(B) on the receipt of certification of ac-21

ceptable remediation of environmental condi-22

tions existing on the parcel to be conveyed for 23

the University of Nevada, Las Vegas, convey to 24

the System, without consideration, all right, 25

268


title, and interest of the United States in and 1

to the Federal land for the University of Ne-2

vada, Las Vegas. 3

(2) PHASES.—The Secretary may phase the 4

conveyance of the Federal land under paragraph 5

(1)(B) as remediation is completed. 6


(1) IN GENERAL.—As a condition of the con-8

veyance under subsection (a)(1), the Board of Re-9

gents shall agree in writing— 10

(A) to pay any administrative costs associ-11

ated with the conveyance, including the costs of 12

any environmental, wildlife, cultural, or histor-13

ical resources studies; 14

(B) to use the Federal land conveyed for 15

educational and recreational purposes; 16

(C) to release and indemnify the United 17

States from any claims or liabilities that may 18

arise from uses carried out on the Federal land 19

on or before the date of enactment of this Act 20

by the United States or any person; 21

(D) as soon as practicable after the date of 22

the conveyance under subsection (a)(1), to erect 23

at each of the Campuses an appropriate and 24

centrally located monument that acknowledges 25

269


the conveyance of the Federal land by the 1

United States for the purpose of furthering the 2

higher education of the citizens in the State; 3

and 4

(E) to assist the Bureau of Land Manage-5

ment in providing information to the students 6

of the System and the citizens of the State 7

on— 8

(i) public land (including the manage-9

ment of public land) in the Nation; and 10

(ii) the role of the Bureau of Land 11

Management in managing, preserving, and 12

protecting the public land in the State. 13

(2) NELLIS AIR FORCE BASE.— 14

(A) IN GENERAL.—The Federal land con-15

veyed to the System under this subtitle shall be 16

used in accordance with the agreement entitled 17

the ‘‘Cooperative Interlocal Agreement between 18

the Board of Regents of the Nevada System of 19

Higher Education, on Behalf of the University 20

of Nevada, Las Vegas, and the 99th Air Base 21

Wing, Nellis Air Force Base, Nevada’’ and 22

dated June 19, 2009. 23

(B) MODIFICATIONS.—Any modifications 24

to the interlocal agreement described in sub-25

270


paragraph (A) and any related master plan 1

shall require the mutual assent of the parties to 2

the agreement. 3

(C) LIMITATION.—In no case shall the use 4

of the Federal land conveyed under subsection 5

(a)(1)(B) compromise the national security mis-6

sion or avigation rights of Nellis Air Force 7

Base. 8

(c) USE OF FEDERAL LAND.— 9

(1) IN GENERAL.—The System may use the 10

Federal land conveyed under subsection (a)(1) for— 11

(A) any educational or public purpose re-12

lating to the establishment, operation, growth, 13

and maintenance of the System, including— 14

(i) educational facilities; 15

(ii) housing for students, employees of 16

the System, and educators; 17

(iii) student life and recreational fa-18

cilities, public parks, and open space; 19

(iv) university and college medical and 20

health facilities; and 21

(v) research facilities; and 22

(B) any other public purpose that would 23

generally be associated with an institution of 24

higher education, consistent with the Act of 25

271


June 14, 1926 (commonly known as the 1

‘‘Recreation and Public Purposes Act’’) (43 2

U.S.C. 869 et seq.). 3

(2) OTHER ENTITIES.—The System may— 4

(A) consistent with Federal and State law, 5

lease, or otherwise provide property or space at, 6

the Campuses, with or without consideration, to 7

religious, public interest, community, or other 8

groups for services and events that are of inter-9

est to the System or to any community located 10

in southern Nevada; 11

(B) allow any other communities in south-12

ern Nevada to use facilities of the Campuses for 13

educational and recreational programs of the 14

community; and 15

(C) in conjunction with the city of Las 16

Vegas, North Las Vegas, or Pahrump or Clark 17

or Nye County plan, finance (including through 18

the provision of cost-share assistance), con-19

struct, and operate facilities for the city of Las 20

Vegas, North Las Vegas, or Pahrump or Clark 21

or Nye County on the Federal land conveyed 22

for educational or recreational purposes con-23

sistent with this section. 24

272


(d) REVERSION.—If the Federal land or any portion 1

of the Federal land conveyed under subsection (a)(1) 2

ceases to be used for the System in accordance with this 3

subtitle, the Federal land, or any portion of the Federal 4

land shall, at the discretion of the Secretary, revert to the 5

United States. 6




Subtitle D—La Pine, Oregon, Land 10

Conveyance 11



(1) CITY.—The term ‘‘City’’ means the City of 14

La Pine, Oregon. 15

(2) COUNTY.—The term ‘‘County’’ means the 16

County of Deschutes, Oregon. 17


titled ‘‘La Pine, Oregon Land Transfer’’ and dated 19

December 11, 2009. 20


the Secretary of the Interior, acting through the Di-22

rector of the Bureau of Land Management. 23

273


SEC. 6132. CONVEYANCES OF LAND. 1

(a) IN GENERAL.—As soon as practicable after the 2

date of enactment of this Act, subject to valid existing 3

rights and the provisions of this subtitle, and notwith-4

standing the land use planning requirements of sections 5

202 and 203 of the Federal Land Policy and Management 6

Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall 7

convey to the City or County, without consideration, all 8

right, title, and interest of the United States in and to 9

each parcel of land described in subsection (b). 10

(b) DESCRIPTION OF LAND.—The parcels of land re-11

ferred to in subsection (a) consist of— 12

(1) the approximately 150 acres of land man-13

aged by the Bureau of Land Management, Prineville 14

District, Oregon, depicted on the map as ‘‘parcel A’’, 15

to be conveyed to the County, which is subject to a 16

right-of-way retained by the Bureau of Land Man-17

agement for a power substation and transmission 18

line; 19

(2) the approximately 750 acres of land man-20

aged by the Bureau of Land Management, Prineville 21

District, Oregon, depicted on the map as ‘‘parcel 22

B’’, to be conveyed to the County; and 23

(3) the approximately 10 acres of land managed 24

by the Bureau of Land Management, Prineville Dis-25

274


trict, Oregon, depicted on the map as ‘‘parcel C’’, to 1

be conveyed to the City. 2

(c) AVAILABILITY OF MAP.—The map shall be on file 3


fices of the Bureau of Land Management. 5

(d) USE OF CONVEYED LAND.— 6

(1) IN GENERAL.—Consistent with the Act of 7

June 14, 1926 (commonly known as the ‘‘Recreation 8

and Public Purposes Act’’) (43 U.S.C. 869 et seq.), 9

the land conveyed under subsection (a) shall be used 10

for the following public purposes and associated 11

uses: 12

(A) The parcel described in subsection 13

(b)(1) shall be used for outdoor recreation, open 14

space, or public parks, including a rodeo 15

ground. 16

(B) The parcel described in subsection 17

(b)(2) shall be used for a public sewer system. 18

(C) The parcel described in subsection 19

(b)(3) shall be used for a public library, public 20

park, or open space. 21

(2) ADDITIONAL TERMS AND CONDITIONS.— 22

The Secretary may require such additional terms 23

and conditions for the conveyances under subsection 24

275


(a) as the Secretary determines to be appropriate to 1

protect the interests of the United States. 2

(e) ADMINISTRATIVE COSTS.—The Secretary shall 3

require the County to pay all survey costs and other ad-4

ministrative costs associated with the conveyances to the 5

County under this subtitle. 6

(f) REVERSION.—If the land conveyed under sub-7

section (a) ceases to be used for the public purpose for 8

which the land was conveyed, the land shall, at the discre-9

tion of the Secretary, revert to the United States. 10

TITLE LXII—SLOAN HILLS 11

MINERAL WITHDRAWAL 12

SEC. 6201. WITHDRAWAL OF SLOAN HILLS AREA OF CLARK 13

COUNTY, NEVADA. 14

(a) DEFINITION OF FEDERAL LAND.—In this sec-15

tion, the term ‘‘Federal land’’ means the land identified 16

as the ‘‘Withdrawal Zone’’ on the map entitled ‘‘Sloan 17

Hills Area’’ and dated June 24, 2010. 18

(b) WITHDRAWAL.—Subject to valid rights in exist-19

ence on the date of introduction of this Act, the Federal 20

land is withdrawn from all forms of— 21


laws; and 23

(2) disposition under all laws pertaining to min-24

eral and geothermal leasing or mineral materials. 25

276


DIVISION G—RIVERS AND 1

TRAILS 2

TITLE LXX—NATIONAL WILD 3

AND SCENIC RIVERS SYSTEM 4

AMENDMENTS 5

SEC. 7001. MOLALLA RIVER, OREGON. 6

(a) DESIGNATION OF WILD AND SCENIC RIVER SEG-7

MENTS, MOLALLA RIVER, OREGON.—Section 3(a) of the 8

Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 9

amended by section 2203) is amended by adding at the 10

end the following: 11

‘‘(213) MOLALLA RIVER, OREGON.— 12

‘‘(A) IN GENERAL.—The following seg-13

ments in the State of Oregon, to be adminis-14

tered by the Secretary of the Interior as a rec-15

reational river: 16

‘‘(i) MOLALLA RIVER.—The approxi-17

mately 15.1-mile segment from the south-18

ern boundary line of T. 7 S., R. 4 E., sec. 19

19, downstream to the edge of the Bureau 20

of Land Management boundary in T. 6 S., 21

R. 3 E., sec. 7. 22

‘‘(ii) TABLE ROCK FORK MOLALLA 23

RIVER.—The approximately 6.2-mile seg-24

ment from the easternmost Bureau of 25

277


Land Management boundary line in the 1

NE1⁄4 sec. 4, T. 7 S., R. 4 E., downstream 2

to the confluence with the Molalla River. 3

‘‘(B) WITHDRAWAL.—Subject to valid ex-4

isting rights, the Federal land within the 5

boundaries of the river segments designated by 6

subparagraph (A) is withdrawn from all forms 7

of— 8

‘‘(i) entry, appropriation, or disposal 9

under the public land laws; 10

‘‘(ii) location, entry, and patent under 11

the mining laws; and 12

‘‘(iii) disposition under all laws relat-13

ing to mineral and geothermal leasing or 14

mineral materials.’’. 15

(b) TECHNICAL CORRECTIONS.—Section 3(a)(102) of 16

the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) 17

is amended— 18

(1) in the heading, by striking ‘‘SQUAW CREEK’’ 19

and inserting ‘‘WHYCHUS CREEK’’; 20

(2) in the matter preceding subparagraph (A), 21

by striking ‘‘McAllister Ditch, including the Soap 22

Fork Squaw Creek, the North Fork, the South 23

Fork, the East and West Forks of Park Creek, and 24

Park Creek Fork’’ and inserting ‘‘Plainview Ditch, 25

278


including the Soap Creek, the North and South 1

Forks of Whychus Creek, the East and West Forks 2

of Park Creek, and Park Creek’’; and 3

(3) in subparagraph (B), by striking 4

‘‘McAllister Ditch’’ and inserting ‘‘Plainview Ditch’’. 5

SEC. 7002. ILLABOT CREEK, WASHINGTON. 6


U.S.C. 1274(a)) (as amended by section 7001(a)) is 8

amended by adding at the end the following: 9

‘‘(214) ILLABOT CREEK, WASHINGTON.— 10

‘‘(A) The 14.3 mile segment from the 11

headwaters of Illabot Creek to the northern ter-12

minus as generally depicted on the map titled 13

‘Illabot Creek Proposed WSR – Northern Ter-14

minus’, dated September 15, 2009, to be ad-15

ministered by the Secretary of Agriculture as 16

follows: 17

‘‘(i) The 4.3 mile segment from the 18

headwaters of Illabot Creek to the bound-19

ary of Glacier Peak Wilderness Area as a 20

wild river. 21

‘‘(ii) The 10 mile segment from the 22

boundary of Glacier Peak Wilderness to 23

the northern terminus as generally de-24

picted on the map titled ‘Illabot Creek 25

279


Proposed WSR – Northern Terminus’, 1

dated September 15, 2009, as a rec-2

reational river. 3

‘‘(B) Action required to be taken under 4

subsection (d)(1) for the river segments des-5

ignated under this paragraph shall be com-6

pleted through revision of the Skagit Wild and 7

Scenic River comprehensive management 8

plan.’’. 9

SEC. 7003. WHITE CLAY CREEK. 10

(a) DESIGNATION.—Section 3(a)(163) of the Wild 11

and Scenic Rivers Act (16 U.S. C. 1274(a)(163)) is 12

amended— 13

(1) in the matter preceding subparagraph (A)— 14

(A) by striking ‘‘190 miles’’ and inserting 15

‘‘199 miles’’; and 16

(B) by striking ‘‘the recommended designa-17

tion and classification maps (dated June 18

2000)’’ and inserting ‘‘the map entitled ‘White 19

Clay Creek Wild and Scenic River Designated 20

Area Map’ and dated July 2008, the map enti-21

tled ‘White Clay Creek Wild and Scenic River 22

Classification Map’ and dated July 2008, and 23

the map entitled ‘White Clay Creek National 24

280


Wild and Scenic River Proposed Additional 1

Designated Segments-July 2008’ ’’; 2

(2) by striking subparagraph (B) and inserting 3

the following: 4

‘‘(B) 22.4 miles of the east branch begin-5

ning at the southern boundary line of the Bor-6

ough of Avondale, including Walnut Run, 7

Broad Run, and Egypt Run, outside the bound-8

aries of the White Clay Creek Preserve, as a 9

recreational river.’’; and 10

(3) by striking subparagraph (H) and inserting 11

the following: 12

‘‘(H) 14.3 miles of the main stem, includ-13

ing Lamborn Run, that flow through the 14

boundaries of the White Clay Creek Preserve, 15

Pennsylvania and Delaware, and White Clay 16

Creek State Park, Delaware beginning at the 17

confluence of the east and middle branches in 18

London Britain Township, Pennsylvania, down-19

stream to the northern boundary line of the 20

City of Newark, Delaware, as a scenic river.’’. 21

(b) ADMINISTRATION.—Sections 4 through 8 of Pub-22

lic Law 106–357 (16 U.S.C. 1274 note; 114 Stat. 1393), 23

shall be applicable to the additional segments of the White 24

281


Clay Creek designated by the amendments made by sub-1

section (a). 2

SEC. 7004. ELK RIVER, WEST VIRGINIA. 3

(a) DESIGNATION.—Section 5(a) of the Wild and 4

Scenic Rivers Act (16 U.S.C. 1276(a)) (as amended by 5

section 7002) is amended by adding at the end the fol-6

lowing: 7

‘‘(215) ELK RIVER, WEST VIRGINIA.—The ap-8

proximate 5-mile segment of the Elk River from the 9

confluence of the Old Field Fork and the Big Spring 10

Fork in Pocahontas County to the Pocahontas and 11

Randolph County line.’’. 12

(b) STUDY AND REPORT.—Section 5(b) of the Wild 13

and Scenic Rivers Act (16 U.S.C. 1276(b)) (as amended 14

by section 205(b)(2)) is amended by adding at the end 15

the following: 16

‘‘(21) ELK RIVER, WEST VIRGINIA.—Not later 17

than 3 years after funds are made available to carry 18

out this paragraph, the Secretary of Agriculture 19

shall complete the study of the 5-mile segment of the 20

Elk River, West Virginia, designated for study in 21

subsection (a), and shall submit to Congress a re-22

port containing the results of the study. The report 23

shall include an analysis of the potential impact of 24

the designation on private lands within the 5-mile 25

282


segment of the Elk River, West Virginia, or abutting 1

that area.’’. 2

(c) EFFECT.— 3

(1) EFFECT ON ACCESS FOR RECREATIONAL 4

ACTIVITIES.—Consistent with section 13 of the Wild 5

and Scenic Rivers Act (16 U.S.C. 1284), nothing in 6

the designation made by the amendment in sub-7

section (a) shall be construed as affecting access for 8

recreational activities otherwise allowed by law or 9

regulation, including hunting, fishing, or trapping. 10

(2) EFFECT ON STATE AUTHORITY.—Con-11

sistent with section 13 of the Wild and Scenic Rivers 12

Act (16 U.S.C. 1284), nothing in the designation 13

made by the amendment in subsection (a) shall be 14

construed as affecting the authority, jurisdiction, or 15

responsibility of the several States to manage, con-16

trol, or regulate fish and resident wildlife under 17

State law or regulations, including the regulation of 18

hunting, fishing, and trapping. 19

TITLE LXXI—NATIONAL TRAIL 20

SYSTEM AMENDMENTS 21

SEC. 7101. NORTH COUNTRY NATIONAL SCENIC TRAIL 22

ROUTE ADJUSTMENT. 23

Section 5(a)(8) of the National Trails System Act (16 24

U.S.C. 1244(a)(8)) is amended in the first sentence— 25

283


(1) by striking ‘‘thirty-two hundred’’ and insert-1

ing ‘‘4,600’’; and 2

(2) by striking ‘‘as ‘Proposed North Country 3

Trail-Vicinity Map’ in’’ and all that follows through 4

the period at the end of the sentence and inserting 5

‘‘as ‘North Country National Scenic Trail, Author-6

ized Route’ dated February 16, 2005, and numbered 7

649/80,002.’’. 8

DIVISION H—WATER AND HY-9

DROPOWER AUTHORIZA-10

TIONS 11

TITLE LXXX—BUREAU OF REC-12

LAMATION PROJECT AU-13

THORIZATIONS 14

SEC. 8001. MAGNA WATER DISTRICT. 15

(a) IN GENERAL.—The Reclamation Wastewater and 16

Groundwater Study and Facilities Act (43 U.S.C. 390h 17

et seq.) is amended by adding at the end the following: 18

‘‘SEC. 1657. MAGNA WATER DISTRICT WATER REUSE AND 19

GROUNDWATER RECHARGE PROJECT, UTAH. 20

‘‘(a) AUTHORIZATION.—The Secretary, in coopera-21

tion with the Magna Water District, Utah, may partici-22

pate in the design, planning, and construction of perma-23

nent facilities needed to establish recycled water distribu-24

tion and wastewater treatment and reclamation facilities 25

284


that will be used to provide recycled water in the Magna 1

Water District. 2

‘‘(b) COST SHARING.— 3

‘‘(1) FEDERAL SHARE.—The Federal share of 4

the capital cost of the project described in subsection 5

(a) shall not exceed 25 percent of the total cost of 6

the project. 7

‘‘(2) NON-FEDERAL SHARE.—Each cost in-8

curred by the Magna Water District after January 9

1, 2003, relating to any capital, planning, design, 10

permitting, construction, or land acquisition (includ-11

ing the value of reallocated water rights) for the 12

project described in subsection (a) may be credited 13

towards the non-Federal share of the costs of the 14

project. 15

‘‘(c) LIMITATION.—Funds provided by the Secretary 16

shall not be used for operation or maintenance of the 17

project described in subsection (a). 18

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 19

is authorized to be appropriated to carry out this section 20

$12,000,000.’’. 21

(b) CONFORMING AMENDMENT.—The table of sec-22

tions in section 2 of the Reclamation Projects Authoriza-23

tion and Adjustment Act of 1992 (43 U.S.C. prec. 371) 24

285


is amended by inserting after the item relating to section 1

1656 the following: 2

‘‘Sec. 1657. Magna Water District water reuse and groundwater recharge

project, Utah.’’.

SEC. 8002. BAY AREA REGIONAL WATER RECYCLING PRO-3

GRAM. 4

(a) PROJECT AUTHORIZATIONS.— 5

(1) IN GENERAL.—The Reclamation Waste-6

water and Groundwater Study and Facilities Act (43 7

U.S.C. 390h et seq.) (as amended by section 8

8001(a)) is amended by adding at the end the fol-9

lowing: 10

‘‘SEC. 1658. CCCSD-CONCORD RECYCLED WATER PROJECT. 11


tion with the Central Contra Costa Sanitary District, Cali-13

fornia, is authorized to participate in the design, planning, 14

and construction of recycled water distribution systems. 15

‘‘(b) COST SHARE.—The Federal share of the cost 16

of the project authorized by this section shall not exceed 17

25 percent of the total cost of the project. 18

‘‘(c) LIMITATION.—The Secretary shall not provide 19

funds for the operation and maintenance of the project 20

authorized by this section. 21



$1,800,000. 24

286


‘‘SEC. 1659. CENTRAL DUBLIN RECYCLED WATER DISTRIBU-1

TION AND RETROFIT PROJECT. 2


tion with the Dublin San Ramon Services District, Cali-4


and construction of recycled water system facilities. 6









$1,150,000. 15

‘‘SEC. 1660. PETALUMA RECYCLED WATER PROJECT, 16

PHASES 2A, 2B, AND 3. 17


tion with the City of Petaluma, California, is authorized 19

to participate in the design, planning, and construction of 20

recycled water system facilities. 21




287







$6,000,000. 6

‘‘SEC. 1661. CENTRAL REDWOOD CITY RECYCLED WATER 7

PROJECT. 8


tion with the City of Redwood City, California, is author-10

ized to participate in the design, planning, and construc-11

tion of recycled water system facilities. 12









$8,000,000. 21

‘‘SEC. 1662. PALO ALTO RECYCLED WATER PIPELINE 22

PROJECT. 23


tion with the City of Palo Alto, California, is authorized 25

288


to participate in the design, planning, and construction of 1

recycled water system facilities. 2









$8,250,000. 11

‘‘SEC. 1663. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH 12

RECYCLED WATER PROJECT. 13


tion with the Ironhouse Sanitary District (ISD), Cali-15


and construction of recycled water distribution systems. 17







289




$7,000,000.’’. 3

(2) PROJECT IMPLEMENTATION.—In carrying 4

out sections 1642 through 1648 of the Reclamation 5

Wastewater and Groundwater Study and Facilities 6

Act, and the sections added to such Act by para-7

graph (1), the Secretary shall enter into individual 8

agreements with the San Francisco Bay Area Re-9

gional Water Recycling implementing agencies to 10

fund the projects through the Bay Area Clean Water 11

Agencies (BACWA) or its successor, and may in-12

clude in such agreements a provision for the reim-13

bursement of construction costs, including those con-14

struction costs incurred prior to the enactment of 15

this Act, subject to appropriations made available 16

for the Federal share of the project under sections 17

1642 through 1648 of the Reclamation Wastewater 18

and Groundwater Study and Facilities Act and the 19

sections added to such Act by paragraph (1). 20

(3) CLERICAL AMENDMENTS.—The table of 21

contents of the Reclamation Projects Authorization 22

and Adjustment Act of 1992 (43 U.S.C. prec. 371) 23

(as amended by section 8001(b)) is amended by add-24

ing at the end the following: 25

‘‘Sec. 1658. CCCSD-Concord recycled water project.

290


‘‘Sec. 1659. Central Dublin recycled water distribution and retrofit project.

‘‘Sec. 1660. Petaluma recycled water project, phases 2a, 2b, and 3.

‘‘Sec. 1661. Central Redwood City recycled water project.

‘‘Sec. 1662. Palo Alto recycled water pipeline project.

‘‘Sec. 1663. Ironhouse Sanitary District (ISD) Antioch recycled water

project.’’.

(b) MODIFICATION TO AUTHORIZED PROJECTS.— 1

(1) ANTIOCH RECYCLED WATER PROJECT.— 2

Section 1644(d) of the Reclamation Wastewater and 3

Groundwater Study and Facilities Act (43 U.S.C. 4

390h–27) (as amended by section 512(a) of the Con-5

solidated Natural Resources Act of 2008) is amend-6

ed by striking ‘‘$2,250,000’’ and inserting 7

‘‘$3,125,000’’. 8

(2) SOUTH BAY ADVANCED RECYCLED WATER 9

TREATMENT FACILITY.—Section 1648(d) of the Rec-10

lamation Wastewater and Groundwater Study and 11

Facilities Act (43 U.S.C. 390h–31) (as amended by 12

section 512(a) of the Consolidated Natural Re-13

sources Act of 2008) is amended by striking 14

‘‘$8,250,000’’ and inserting ‘‘$13,250,000’’. 15

SEC. 8003. CALLEGUAS WATER PROJECT. 16

Section 1631(d) of the Reclamation Wastewater and 17

Groundwater Study and Facilities Act (43 U.S.C. 390h– 18

13(d)) is amended— 19

(1) in paragraph (1) by striking ‘‘paragraph 20

(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 21


291


‘‘(3) In the case of the Calleguas Municipal Water 1

District Recycling Project authorized by section 1616, the 2

Federal share of the cost of the Project may not exceed 3

the sum determined by adding— 4

‘‘(A) the amount that applies to the Project 5

under paragraph (1); and 6

‘‘(B) $40,000,000.’’. 7

SEC. 8004. HERMISTON, OREGON, WATER RECYCLING AND 8

REUSE PROJECT. 9

(a) IN GENERAL.—The Reclamation Wastewater and 10

Groundwater Study and Facilities Act (Public Law 102– 11

575, title XVI; 43 U.S.C. 390h et seq.) (as amended by 12

section 8003(a)(1)) is amended by adding at the end the 13

following: 14

‘‘SEC. 1664. CITY OF HERMISTON, OREGON, WATER RECY-15

CLING AND REUSE PROJECT. 16


tion with the City of Hermiston, Oregon, is authorized to 18

participate in the design, planning, and construction of 19

permanent facilities to reclaim and reuse water in the City 20

of Hermiston, Oregon. 21

‘‘(b) COST SHARE.—The Federal share of the costs 22

of the project described in subsection (a) shall not exceed 23

25 percent of the total cost. 24

292




described in subsection (a).’’. 3

(b) CLERICAL AMENDMENT.—The table of sections 4

in section 2 of the Reclamation Projects Authorization and 5

Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amend-6

ed by section 8003(a)(3)) is amended by adding at the 7

end the following: 8

‘‘Sec. 1664. City of Hermiston, Oregon, water recycling and reuse project.’’.

SEC. 8005. CENTRAL VALLEY PROJECT WATER TRANSFERS. 9

(a) AUTHORIZATION OF WATER TRANSFERS, CEN-10

TRAL VALLEY PROJECT.— 11


the following voluntary water transfers shall be con-13

sidered to meet the conditions described in subpara-14

graphs (A) and (I) of section 3405(a)(1) of the Rec-15

lamation Projects Authorization and Adjustment Act 16

of 1992 (Public Law 102–575; 106 Stat. 4709): 17

(A) A transfer of irrigation water among 18

Central Valley Project contractors from the 19

Friant, San Felipe, West San Joaquin, and 20

Delta divisions. 21

(B) A transfer from a long-term Friant 22

Division water service or repayment contractor 23

to a temporary or prior temporary water service 24

contractor within the place of use in existence 25

293


on the date of the transfer, as identified in the 1

Bureau of Reclamation water rights permits for 2

the Friant Division. 3

(2) CONDITION.—A transfer under paragraph 4

(1) shall comply with all applicable Federal and 5

State law. 6

(b) FACILITATION OF WATER TRANSFERS, CENTRAL 7

VALLEY PROJECT.—As soon as practicable after the date 8

of enactment of this Act, the Secretary of the Interior, 9

acting through the Director of the United States Fish and 10

Wildlife Service and the Commissioner of the Bureau of 11

Reclamation, using such sums as are necessary, shall ini-12

tiate and complete, on the most expedited basis prac-13

ticable, programmatic documentation to facilitate vol-14

untary water transfers within the Central Valley Project, 15

consistent with all applicable Federal and State law. 16

(c) REPORT ON CENTRAL VALLEY PROJECT WATER 17

TRANSFERS.— 18

(1) IN GENERAL.—Not later than 180 days 19

after the date of enactment of this Act, the Commis-20

sioner of the Bureau of Reclamation (referred to in 21

this subsection as the ‘‘Commissioner’’) shall submit 22

to the appropriate committees of Congress a report 23

that— 24

294


(A) describes the status of efforts to help 1

facilitate and improve the water transfers under 2

this section; 3

(B) evaluates potential effects of this Act 4

on Federal programs, Indian tribes, Central 5

Valley Project operations, the environment, 6

groundwater aquifers, refuges, and commu-7

nities; and 8

(C) provides recommendations on ways to 9

facilitate, and improve the process for— 10

(i) water transfers within the Central 11

Valley Project; and 12

(ii) water transfers between the Cen-13

tral Valley Project and other water 14

projects in the State of California. 15

(2) UPDATES.—Not later than the end of the 16

water year in which the report is submitted under 17

paragraph (1) and each of the 4 water years there-18

after, the Commissioner shall update the report. 19

SEC. 8006. LAND WITHDRAWAL AND RESERVATION FOR 20

CRAGIN PROJECT. 21


(1) COVERED LAND.—The term ‘‘covered land’’ 23

means the parcel of land consisting of approximately 24

295


512 acres, as generally depicted on the Map, that 1

consists of— 2

(A) approximately 300 feet of the crest of 3

the Cragin Dam and associated spillway; 4

(B) the reservoir pool of the Cragin Dam 5

that consists of approximately 250 acres de-6

fined by the high water mark; and 7

(C) the linear corridor. 8

(2) CRAGIN PROJECT.—The term ‘‘Cragin 9

Project’’ means— 10

(A) the Cragin Dam and associated spill-11

way; 12

(B) the reservoir pool of the Cragin Dam; 13

and 14

(C) any pipelines, linear improvements, 15

buildings, hydroelectric generating facilities, 16

priming tanks, transmission, telephone, and 17

fiber optic lines, pumps, machinery, tools, appli-18

ances, and other District or Bureau of Rec-19

lamation structures and facilities used for the 20

Cragin Project. 21

(3) DISTRICT.—The term ‘‘District’’ means the 22

Salt River Project Agricultural Improvement and 23

Power District. 24

296


(4) LAND MANAGEMENT ACTIVITY.—The term 1

‘‘land management activity’’ includes, with respect 2

to the covered land, the management of— 3

(A) recreation; 4

(B) grazing; 5

(C) wildland fire; 6

(D) public conduct; 7

(E) commercial activities that are not part 8

of the Cragin Project; 9

(F) cultural resources; 10

(G) invasive species; 11

(H) timber and hazardous fuels; 12

(I) travel; 13

(J) law enforcement; and 14

(K) roads and trails. 15

(5) LINEAR CORRIDOR.—The term ‘‘linear cor-16

ridor’’ means a corridor of land comprising approxi-17

mately 262 acres— 18

(A) the width of which is approximately 19

200 feet; 20

(B) the length of which is approximately 21

11.5 miles; 22

(C) of which approximately 0.7 miles con-23

sists of an underground tunnel; and 24

(D) that is generally depicted on the Map. 25

297


(6) MAP.—The term ‘‘Map’’ means sheets 1 1

and 2 of the maps entitled ‘‘C.C. Cragin Project 2

Withdrawal’’ and dated June 17, 2008. 3


the Secretary of Agriculture, acting through the 5

Chief of the Forest Service. 6

(b) WITHDRAWAL OF COVERED LAND.—Subject to 7

valid existing rights, the covered land is permanently with-8

drawn from all forms of— 9




laws; and 13

(3) disposition under all laws pertaining to min-14

eral and geothermal leasing or mineral materials. 15

(c) MAP.— 16


the date of enactment of this Act, the Secretary of 18

the Interior, in coordination with the Secretary, shall 19

prepare a map and legal description of the covered 20

land. 21

(2) FORCE AND EFFECT.—The map and legal 22

description prepared under paragraph (1) shall have 23

the same force and effect as if included in this sec-24

298


tion, except that the Secretary of the Interior may 1

correct clerical and typographical errors. 2

(3) AVAILABILITY.—The map and legal descrip-3

tion prepared under paragraph (1) shall be on file 4


offices of the Forest Service and Bureau of Rec-6

lamation. 7

(d) JURISDICTION AND DUTIES.— 8

(1) JURISDICTION OF THE SECRETARY OF THE 9

INTERIOR.— 10

(A) IN GENERAL.—Except as provided in 11

subsection (e), the Secretary of the Interior, 12

acting through the Commissioner of Reclama-13

tion, shall have exclusive administrative juris-14

diction to manage the Cragin Project in accord-15

ance with this section and section 213(i) of the 16

Arizona Water Settlements Act (Public Law 17

108–451; 118 Stat. 3533) on the covered land. 18

(B) INCLUSION.—Notwithstanding sub-19

section (e), the jurisdiction under subparagraph 20

(A) shall include access to the Cragin Project 21

by the District. 22

(2) RESPONSIBILITY OF SECRETARY OF THE 23

INTERIOR AND DISTRICT.—In accordance with para-24

graphs (4)(B) and (5) of section 213(i) of the Ari-25

299


zona Water Settlements Act (Public Law 108–451; 1

118 Stat. 3533), the Secretary of the Interior and 2

the District shall— 3

(A) ensure the compliance of each activity 4

carried out at the Cragin Project with each ap-5

plicable Federal environmental law (including 6

regulations); and 7

(B) coordinate with appropriate Federal 8

agencies in ensuring the compliance under sub-9

paragraph (A). 10

(e) LAND MANAGEMENT ACTIVITIES ON COVERED 11

LAND.— 12

(1) IN GENERAL.—The Secretary shall have ad-13

ministrative jurisdiction over land management ac-14

tivities on the covered land and other appropriate 15

management activities pursuant to an agreement 16

under paragraph (2) that do not conflict with, or ad-17

versely affect, the operation, maintenance, or re-18

placement (including repair) of the Cragin Project, 19

as determined by the Secretary of the Interior. 20

(2) INTERAGENCY AGREEMENT.—The Secretary 21

and the Secretary of the Interior, in coordination 22

with the District, may enter into an agreement 23

under which the Secretary may— 24

300


(A) undertake any other appropriate man-1

agement activity in accordance with applicable 2

law that will improve the management and safe-3

ty of the covered land and other land managed 4

by the Secretary if the activity does not conflict 5

with, or adversely affect, the operation, mainte-6

nance, or replacement (including repair) of the 7

Cragin Project, as determined by the Secretary 8

of the Interior; and 9

(B) carry out any emergency activities, 10

such as fire suppression, on the covered land. 11

SEC. 8007. LEADVILLE MINE DRAINAGE TUNNEL. 12

(a) TUNNEL MAINTENANCE; OPERATION AND MAIN-13

TENANCE.—Section 703 of the Reclamation Projects Au-14

thorization and Adjustment Act of 1992 (Public Law 102- 15

575; 106 Stat. 4656) is amended to read as follows: 16

‘‘SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAIN-17

TENANCE. 18

‘‘(a) LEADVILLE MINE DRAINAGE TUNNEL.—The 19

Secretary shall take any action necessary to maintain the 20

structural integrity of the Leadville Mine Drainage Tun-21

nel— 22

‘‘(1) to maintain public safety; and 23

‘‘(2) to prevent an uncontrolled release of 24

water. 25

301


‘‘(b) WATER TREATMENT PLANT.— 1

‘‘(1) IN GENERAL.—Subject to section 705, the 2

Secretary shall be responsible for the operation and 3

maintenance of the water treatment plant authorized 4

under section 701, including any sludge disposal au-5

thorized under this title. 6

‘‘(2) AUTHORITY TO OFFER TO ENTER INTO 7

CONTRACTS.—In carrying out paragraph (1), the 8

Secretary may offer to enter into 1 or more con-9

tracts with any appropriate individual or entity for 10

the conduct of any service required under paragraph 11

(1).’’. 12

(b) REIMBURSEMENT.—Section 705 of the Reclama-13

tion Projects Authorization and Adjustment Act of 1992 14

(Public Law 102-575; 106 Stat. 4656) is amended— 15

(1) by striking ‘‘The treatment plant’’ and in-16


‘‘(a) IN GENERAL.—Except as provided in subsection 18

(b), the treatment plant’’; and 19


‘‘(b) EXCEPTION.—The Secretary may— 21

‘‘(1) enter into an agreement with any other en-22

tity or government agency to provide funding for an 23

increase in any operation, maintenance, replacement, 24

capital improvement, or expansion cost that is nec-25

302


essary to improve or expand the treatment plant; 1

and 2

‘‘(2) upon entering into an agreement under 3

paragraph (1)— 4

‘‘(A) make any necessary capital improve-5

ment to or expansion of the treatment plant; 6

and 7

‘‘(B) treat flows that are conveyed to the 8

treatment plant, including any— 9

‘‘(i) surface water diverted into the 10

Leadville Mine Drainage Tunnel; and 11

‘‘(ii) water collected by the dewatering 12

relief well installed in June 2008.’’. 13

(c) USE OF LEADVILLE MINE DRAINAGE TUNNEL 14

AND TREATMENT PLANT.—Section 708(a) of the Rec-15

lamation Projects Authorization and Adjustment Act of 16

1992 (Public Law 102–575; 106 Stat. 4657) is amend-17

ed— 18

(1) by striking ‘‘(a) The Secretary’’ and insert-19


‘‘(a) IN GENERAL.— 21

‘‘(1) AUTHORIZATION.—The Secretary’’; 22

(2) by striking ‘‘Neither’’ and inserting the fol-23

lowing: 24

‘‘(2) LIABILITY.—Neither’’; 25

303


(3) by striking ‘‘The Secretary shall have’’ and 1

inserting the following: 2

‘‘(3) FACILITIES COVERED UNDER OTHER 3

LAWS.— 4

‘‘(A) IN GENERAL.—Except as provided in 5

subparagraph (B), the Secretary shall have’’; 6

(4) by inserting after ‘‘Recovery Act.’’ the fol-7

lowing: 8

‘‘(B) EXCEPTION.—If the Administrator of 9

the Environmental Protection Agency proposes 10

to amend or issue a new Record of Decision for 11

operable unit 6 of the California Gulch National 12

Priorities List Site, the Administrator shall 13

consult with the Secretary with respect to each 14

feature of the proposed new or amended Record 15

of Decision that may require any alteration to, 16

or otherwise affect the operation and mainte-17

nance of— 18

‘‘(i) the Leadville Mine Drainage Tun-19

nel; or 20

‘‘(ii) the water treatment plant au-21

thorized under section 701. 22

‘‘(4) AUTHORITY OF SECRETARY.—The Sec-23

retary may implement any improvement to, or new 24

operation of, the Leadville Mine Drainage Tunnel or 25

304


water treatment plant authorized under section 701 1

as a result of a new or amended Record of Decision 2

only upon entering into an agreement with the Ad-3

ministrator of the Environmental Protection Agency 4

or any other entity or government agency to provide 5

funding for the improvement or new operation.’’; 6

and 7

(5) by striking ‘‘For the purpose of’’ and insert-8


‘‘(5) DEFINITION OF UPPER ARKANSAS RIVER 10

BASIN.—In’’. 11

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 12

708(f) of the Reclamation Projects Authorization and Ad-13

justment Act of 1992 (Public Law 102-575; 106 Stat. 14

4657) is amended by striking ‘‘sections 707 and 708’’ and 15

inserting ‘‘this section and sections 703, 705, and 707’’. 16

(e) CONFORMING AMENDMENT.—The table of con-17

tents of title VII of the Reclamation Projects Authoriza-18

tion and Adjustment Act of 1992 (Public Law 102–575; 19

106 Stat. 4601) is amended by striking the item relating 20

to section 703 and inserting the following: 21

‘‘Sec. 703. Tunnel maintenance; operation and maintenance.’’.

305


SEC. 8008. REAUTHORIZATION OF BASE FUNDING FOR FISH 1

RECOVERY PROGRAMS. 2

Section 3(d)(2) of Public Law 106–392 (114 Stat. 3

1602) is amended in the fourth sentence by striking 4

‘‘2011’’ and inserting ‘‘2023’’. 5

TITLE LXXXI—HYDROPOWER 6

SEC. 8101. AMERICAN FALLS RESERVOIR HYDRO LICENSE 7

EXTENSION. 8

Notwithstanding the time period specified in section 9

13 of the Federal Power Act (16 U.S.C. 806) that would 10

otherwise apply to the Federal Energy Regulatory Com-11

mission project numbered 12423, the Federal Energy 12

Regulatory Commission shall, at the request of the li-13

censee for the project, and after reasonable notice and in 14

accordance with the procedures of the Commission under 15

that section, reinstate the license and extend the time pe-16

riod during which the licensee is required to commence 17

the construction of project works to the end of the 3-year 18

period beginning on the date of enactment of this Act. 19

SEC. 8102. LITTLE WOOD RIVER RANCH HYDRO LICENSE 20

EXTENSION. 21

Notwithstanding the time period specified in section 22

13 of the Federal Power Act (16 U.S.C. 806) that would 23

otherwise apply to the Federal Energy Regulatory Com-24

mission project numbered 12063, the Federal Energy 25

Regulatory Commission shall, at the request of the li-26

306


censee for the project, and after reasonable notice and in 1

accordance with the procedures of the Commission under 2

that section— 3

(1) extend the time period during which the li-4

censee is required to commence the construction of 5

project works to the end of the 3-year period begin-6

ning on the date of enactment of this Act; or 7

(2) if the license for Project No. 12063 has 8

been terminated, reinstate the license and extend the 9

time period during which the licensee is required to 10

commence the construction of project works to the 11

end of the 3-year period beginning on the date of en-12

actment of this Act. 13

SEC. 8103. BONNEVILLE UNIT HYDROPOWER. 14

(a) DIAMOND FORK SYSTEM DEFINED.—For the 15

purposes of this section, the term ‘‘Diamond Fork Sys-16

tem’’ means the facilities described in chapter 4 of the 17

October 2004 Supplement to the 1988 Definite Plan Re-18

port for the Bonneville Unit. 19

(b) COST ALLOCATIONS.—Notwithstanding any other 20

provision of law, in order to facilitate hydropower develop-21

ment on the Diamond Fork System, the amount of reim-22

bursable costs allocated to project power in Chapter 6 of 23

the Power Appendix in the October 2004 Supplement to 24

the 1988 Bonneville Unit Definite Plan Report, with re-25

307


gard to power development within the Diamond Fork Sys-1

tem, shall be considered final costs as well as costs in ex-2

cess of the total maximum repayment obligation as defined 3

in section 211 of the Central Utah Project Completion Act 4

of 1992 (Public Law 102–575), and shall be subject to 5

the same terms and conditions. 6

(c) NO PURCHASE OR MARKET OBLIGATION; NO 7

COSTS ASSIGNED TO POWER.—Nothing in this section 8

shall obligate the Western Area Power Administration to 9

purchase or market any of the power produced by the Dia-10

mond Fork power plant and none of the costs associated 11

with development of transmission facilities to transmit 12

power from the Diamond Fork power plant shall be as-13

signed to power for the purpose of Colorado River Storage 14

Project ratemaking. 15

(d) PROHIBITION ON TAX-EXEMPT FINANCING.—No 16

facility for the generation or transmission of hydroelectric 17

power on the Diamond Fork System may be financed or 18

refinanced, in whole or in part, with proceeds of any obli-19

gation— 20

(1) the interest on which is exempt from the 21

tax imposed under chapter 1 of the Internal Rev-22

enue Code of 1986, or 23

308


(2) with respect to which credit is allowable 1

under subpart I or J of part IV of subchapter A of 2

chapter 1 of such Code. 3

(e) REPORTING REQUIREMENT.—If, 24 months after 4

the date of the enactment of this Act, hydropower produc-5

tion on the Diamond Fork System has not commenced, 6

the Secretary of the Interior shall submit a report to the 7



Resources of the Senate stating this fact, the reasons such 10

production has not yet commenced, and a detailed timeline 11

for future hydropower production. 12

(f) LIMITATION ON THE USE OF FUNDS.—The au-13

thority under the provisions of section 301 of the Hoover 14

Power Plant Act of 1984 (Public Law 98–381; 42 U.S.C. 15

16421a) shall not be used to fund any study or construc-16

tion of transmission facilities developed as a result of this 17

section. 18

SEC. 8104. HOOVER POWER PLANT ALLOCATION. 19

(a) SCHEDULE A POWER.—Section 105(a)(1)(A) of 20

the Hoover Power Plant Act of 1984 (43 U.S.C. 21

619a(a)(1)(A)) is amended— 22

(1) by striking ‘‘renewal’’; 23

(2) by striking ‘‘June 1, 1987’’ and inserting 24

‘‘October 1, 2017’’; and 25

309


(3) by striking Schedule A and inserting the 1

following: 2

‘‘Schedule A

Long-term Schedule A contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors

Contractor Contingent

capacity (kW)

Firm energy (thousands of kWh)

Summer Winter Total

Metropolitan Water

District of

Southern

California ............. 249,948 859,163 368,212 1,227,375

City of Los Angeles 495,732 464,108 199,175 663,283

Southern California

Edison Company .. 280,245 166,712 71,448 238,160

City of Glendale ....... 18,178 45,028 19,297 64,325

City of Pasadena ..... 11,108 38,622 16,553 55,175

City of Burbank ....... 5,176 14,070 6,030 20,100

Arizona Power

Authority .............. 190,869 429,582 184,107 613,689

Colorado River

Commission of

Nevada ................. 190,869 429,582 184,107 613,689

United States, for

Boulder City ........ 20,198 53,200 22,800 76,000

Totals ....................... 1,462,323 2,500,067 1,071,729 3,571,796’’.

(b) SCHEDULE B POWER.—Section 105(a)(1)(B) of 3


619a(a)(1)(B)) is amended to read as follows: 5

‘‘(B) To each existing contractor for power generated 6

at Hoover Dam, a contract, for delivery commencing Octo-7

ber 1, 2017, of the amount of contingent capacity and 8

firm energy specified for that contractor in the following 9

table: 10

310


‘‘Schedule B

Long-term Schedule B contingent capacity and associated firm energy for offers of contracts to Boulder Canyon project contractors

Contractor Contingent

capacity (kW)


Summer Winter Total

City of Glendale ....... 2,020 2,749 1,194 3,943

City of Pasadena ....... 9,089 2,399 1,041 3,440

City of Burbank ......... 15,149 3,604 1,566 5,170

City of Anaheim ........ 40,396 34,442 14,958 49,400

City of Azusa ............. 4,039 3,312 1,438 4,750

City of Banning ......... 2,020 1,324 576 1,900

City of Colton ............ 3,030 2,650 1,150 3,800

City of Riverside ........ 30,296 25,831 11,219 37,050

City of Vernon ........... 22,218 18,546 8,054 26,600

Arizona ...................... 189,860 140,600 60,800 201,400

Nevada ....................... 189,860 273,600 117,800 391,400

Totals ......................... 507,977 509,057 219,796 728,853’’.

(c) SCHEDULE C POWER.—Section 105(a)(1)(C) of 1


619a(a)(1)(C)) is amended— 3

(1) by striking ‘‘June 1, 1987’’ and inserting 4

‘‘October 1, 2017’’; and 5

(2) by striking Schedule C and inserting the 6

following: 7

311


‘‘Schedule C

Excess Energy

Priority of entitlement to excess energy State

First: Meeting Arizona’s first priority right to deliv-

ery of excess energy which is equal in each year

of operation to 200 million kilowatthours: Pro-

vided, That in the event excess energy in the

amount of 200 million kilowatthours is not gen-

erated during any year of operation, Arizona

shall accumulate a first right to delivery of excess

energy subsequently generated in an amount not

to exceed 600 million kilowatthours, inclusive of

the current year’s 200 million kilowatthours. Said

first right of delivery shall accrue at a rate of

200 million kilowatthours per year for each year

excess energy in an amount of 200 million

kilowatthours is not generated, less amounts of

excess energy delivered. ......................................... Arizona

Second: Meeting Hoover Dam contractual obliga-

tions under Schedule A of subsection (a)(1)(A),

under Schedule B of subsection (a)(1)(B), and

under Schedule D of subsection (a)(2), not ex-

ceeding 26 million kilowatthours in each year of

operation. .............................................................. Arizona, Nevada, and

California

Third: Meeting the energy requirements of the three

States, such available excess energy to be divided

equally among the States. ..................................... Arizona, Nevada, and

California’’.

(d) SCHEDULE D POWER.—Section 105(a) of the 1

Hoover Power Plant Act of 1984 (43 U.S.C. 619a(a)) is 2

amended— 3

(1) by redesignating paragraphs (2), (3), and 4

(4) as paragraphs (3), (4), and (5), respectively; and 5


lowing: 7

‘‘(2)(A) The Secretary of Energy is authorized to and 8

shall create from the apportioned allocation of contingent 9

capacity and firm energy adjusted from the amounts au-10

312


thorized in this Act in 1984 to the amounts shown in 1

Schedule A and Schedule B, as modified by the Omnibus 2

Public Land Management Act of 2010, a resource pool 3

equal to 5 percent of the full rated capacity of 2,074,000 4

kilowatts, and associated firm energy, as shown in Sched-5

ule D (referred to in this section as ‘Schedule D contin-6

gent capacity and firm energy’): 7

‘‘Schedule D

Long-term Schedule D resource pool of contingent capacity and associated firm energy for new allottees

State Contingent

capacity (kW)


Summer Winter Total

New Entities

Allocated by the

Secretary of Energy 69,170 105,637 45,376 151,013

New Entities

Allocated by State

Arizona ...................... 11,510 17,580 7,533 25,113

California .................. 11,510 17,580 7,533 25,113

Nevada ....................... 11,510 17,580 7,533 25,113

Totals ......................... 103,700 158,377 67,975 226,352

‘‘(B) The Secretary of Energy shall offer Schedule 8

D contingency capacity and firm energy to entities not re-9

ceiving contingent capacity and firm energy under sub-10

paragraphs (A) and (B) of paragraph (1) (referred to in 11

this section as ‘new allottees’) for delivery commencing 12

October 1, 2017 pursuant to this subsection. In this sub-13

section, the term ‘the marketing area for the Boulder City 14

Area Projects’ shall have the same meaning as in appendix 15

A of the General Consolidated Power Marketing Criteria 16

or Regulations for Boulder City Area Projects published 17

313


in the Federal Register on December 28, 1984 (49 Fed-1

eral Register 50582 et seq.) (referred to in this section 2

as the ‘Criteria’). 3

‘‘(C)(i) Within 36 months of the date of enactment 4

of the Omnibus Public Land Management Act of 2010, 5

the Secretary of Energy shall allocate through the West-6

ern Area Power Administration (referred to in this section 7

as ‘Western’), for delivery commencing October 1, 2017, 8

for use in the marketing area for the Boulder City Area 9

Projects 66.7 percent of the Schedule D contingent capac-10

ity and firm energy to new allottees that are located within 11

the marketing area for the Boulder City Area Projects and 12

that are— 13

‘‘(I) eligible to enter into contracts under sec-14

tion 5 of the Boulder Canyon Project Act (43 U.S.C. 15

617d); or 16

‘‘(II) federally recognized Indian tribes. 17

‘‘(ii) In the case of Arizona and Nevada, Schedule 18

D contingent capacity and firm energy for new allottees 19

other than federally recognized Indian tribes shall be of-20

fered through the Arizona Power Authority and the Colo-21

rado River Commission of Nevada, respectively. Schedule 22

D contingent capacity and firm energy allocated to feder-23

ally recognized Indian tribes shall be contracted for di-24

rectly with Western. 25

314


‘‘(D) Within 1 year of the date of enactment of the 1

Omnibus Public Land Management Act of 2010, the Sec-2

retary of Energy also shall allocate, for delivery com-3

mencing October 1, 2017, for use in the marketing area 4

for the Boulder City Area Projects 11.1 percent of the 5

Schedule D contingent capacity and firm energy to each 6

of— 7

‘‘(i) the Arizona Power Authority for allocation 8

to new allottees in the State of Arizona; 9

‘‘(ii) the Colorado River Commission of Nevada 10

for allocation to new allottees in the State of Ne-11

vada; and 12

‘‘(iii) Western for allocation to new allottees 13

within the State of California, provided that Western 14

shall have 36 months to complete such allocation. 15

‘‘(E) Each contract offered pursuant to this sub-16

section shall include a provision requiring the new allottee 17

to pay a proportionate share of its State’s respective con-18

tribution (determined in accordance with each State’s ap-19

plicable funding agreement) to the cost of the Lower Colo-20

rado River Multi-Species Conservation Program (as de-21

fined in section 9401 of the Omnibus Public Land Man-22

agement Act of 2009 (Public Law 111–11; 123 Stat. 23

1327)), and to execute the Boulder Canyon Project Imple-24

mentation Agreement Contract No. 95–PAO–10616 (re-25

315


ferred to in this section as the ‘Implementation Agree-1

ment’). 2

‘‘(F) Any of the 66.7 percent of Schedule D contin-3

gent capacity and firm energy that is to be allocated by 4

Western that is not allocated and placed under contract 5

by October 1, 2017, shall be returned to those contractors 6

shown in Schedule A and Schedule B in the same propor-7

tion as those contractors’ allocations of Schedule A and 8

Schedule B contingent capacity and firm energy. Any of 9

the 33.3 percent of Schedule D contingent capacity and 10

firm energy that is to be distributed within the States of 11

Arizona, Nevada, and California that is not allocated and 12

placed under contract by October 1, 2017, shall be re-13

turned to the Schedule A and Schedule B contractors 14

within the State in which the Schedule D contingent ca-15

pacity and firm energy were to be distributed, in the same 16

proportion as those contractors’ allocations of Schedule A 17

and Schedule B contingent capacity and firm energy.’’. 18

(e) TOTAL OBLIGATIONS.—Paragraph (3) of section 19

105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 20

619a(a)) (as redesignated as subsection (d)(1)) is amend-21

ed— 22

(1) in the first sentence, by striking ‘‘schedule 23

A of section 105(a)(1)(A) and schedule B of section 24

316


105(a)(1)(B)’’ and inserting ‘‘paragraphs (1)(A), 1

(1)(B), and (2)’’; and 2

(2) in the second sentence— 3

(A) by striking ‘‘any’’ and inserting 4

‘‘each’’; 5

(B) by striking ‘‘schedule C’’ and inserting 6

‘‘Schedule C’’; and 7

(C) by striking ‘‘schedules A and B’’ and 8

inserting ‘‘Schedules A, B, and D’’. 9

(f) POWER MARKETING CRITERIA.—Paragraph (4) 10

of section 105(a) of the Hoover Power Plant Act of 1984 11

(43 U.S.C. 619a(a)) (as redesignated as subsection (d)(1)) 12

is amended to read as follows: 13

‘‘(4) Subdivision E of the Criteria shall be deemed 14

to have been modified to conform to this section, as modi-15

fied by the Omnibus Public Land Management Act of 16

2010. The Secretary of Energy shall cause to be included 17

in the Federal Register a notice conforming the text of 18

the regulations to such modifications.’’. 19

(g) CONTRACT TERMS.—Paragraph (5) of section 20

105(a) of the Hoover Power Plant Act of 1984 (43 U.S.C. 21

619a(a)) (as redesignated as subsection (d)(1)) is amend-22

ed— 23

(1) by striking subparagraph (A) and inserting 24

the following: 25

317


‘‘(A) in accordance with section 5(a) of the 1

Boulder Canyon Project Act (43 U.S.C. 617d(a)), 2

expire September 30, 2067;’’; 3

(2) in the proviso of subparagraph (B)— 4

(A) by striking ‘‘shall use’’ and inserting 5

‘‘shall allocate’’; and 6

(B) by striking ‘‘and’’ after the semicolon 7

at the end; 8

(3) in subparagraph (C), by striking the period 9

at the end and inserting a semicolon; and 10


‘‘(D) authorize and require Western to collect 12

from new allottees a pro rata share of Hoover Dam 13

repayable advances paid for by contractors prior to 14

October 1, 2017, and remit such amounts to the 15

contractors that paid such advances in proportion to 16

the amounts paid by such contractors as specified in 17

section 6.4 of the Implementation Agreement; 18

‘‘(E) permit transactions with an independent 19

system operator; and 20

‘‘(F) contain the same material terms included 21

in section 5.6 of those long-term contracts for pur-22

chases from the Hoover Power Plant that were made 23

in accordance with this Act and are in existence on 24

318


the date of enactment of the Omnibus Public Land 1

Management Act of 2010.’’. 2

(h) EXISTING RIGHTS.—Section 105(b) of the Hoo-3

ver Power Plant Act of 1984 (43 U.S.C. 619a(b)) is 4

amended by striking ‘‘2017’’ and inserting ‘‘2067’’. 5

(i) OFFERS.—Section 105(c) of the Hoover Power 6

Plant Act of 1984 (43 U.S.C. 619a(c)) is amended to read 7

as follows: 8

‘‘(c) OFFER OF CONTRACT TO OTHER ENTITIES.— 9

If any existing contractor fails to accept an offered con-10

tract, the Secretary of Energy shall offer the contingent 11

capacity and firm energy thus available first to other enti-12

ties in the same State listed in Schedule A and Schedule 13

B, second to other entities listed in Schedule A and Sched-14

ule B, third to other entities in the same State which re-15

ceive contingent capacity and firm energy under sub-16

section (a)(2) of this section, and last to other entities 17

which receive contingent capacity and firm energy under 18

subsection (a)(2) of this section.’’. 19

(j) AVAILABILITY OF WATER.—Section 105(d) of the 20

Hoover Power Plant Act of 1984 (43 U.S.C. 619a(d) is 21

amended to read as follows: 22

‘‘(d) WATER AVAILABILITY.—Except with respect to 23

energy purchased at the request of an allottee pursuant 24

to subsection (a)(3), the obligation of the Secretary of En-25

319


ergy to deliver contingent capacity and firm energy pursu-1

ant to contracts entered into pursuant to this section shall 2

be subject to availability of the water needed to produce 3

such contingent capacity and firm energy. In the event 4

that water is not available to produce the contingent ca-5

pacity and firm energy set forth in Schedule A, Schedule 6

B, and Schedule D, the Secretary of Energy shall adjust 7

the contingent capacity and firm energy offered under 8

those Schedules in the same proportion as those contrac-9

tors’ allocations of Schedule A, Schedule B, and Schedule 10

D contingent capacity and firm energy bears to the full 11

rated contingent capacity and firm energy obligations.’’. 12

(k) CONFORMING AMENDMENTS.—Section 105 of the 13

Hoover Power Plant Act of 1984 (43 U.S.C. 619a) is 14

amended— 15

(1) by striking subsections (e) and (f); and 16

(2) by redesignating subsections (g), (h), and 17

(i) as subsections (e), (f), and (g), respectively. 18

(l) CONTINUED CONGRESSIONAL OVERSIGHT.—Sub-19

section (e) of section 105 of the Hoover Power Plant Act 20

of 1984 (43 U.S.C. 619a)) (as redesignated by subsection 21

(k)(2)) is amended— 22

(1) in the first sentence, by striking ‘‘the re-23

newal of’’; and 24

320


(2) in the second sentence, by striking ‘‘June 1, 1

1987, and ending September 30, 2017’’ and insert-2

ing ‘‘October 1, 2017, and ending September 30, 3

2067’’. 4

(m) COURT CHALLENGES.—Subsection (f)(1) of sec-5

tion 105 of the Hoover Power Plant Act of 1984 (43 6

U.S.C. 619a) (as redesignated by subsection (k)(2)) is 7

amended in the first sentence by striking ‘‘this Act’’ and 8

inserting ‘‘the Omnibus Public Land Management Act of 9

2010’’. 10

(n) REAFFIRMATION OF CONGRESSIONAL DECLARA-11

TION OF PURPOSE.—Subsection (g) of section 105 of the 12

Hoover Power Plant Act of 1984 (43 U.S.C. 619a) (as 13

redesignated by subsection (k)(2)) is amended— 14

(1) by striking ‘‘subsections (c), (g), and (h) of 15

this section’’ and inserting ‘‘this Act’’; and 16

(2) by striking ‘‘June 1, 1987, and ending Sep-17

tember 30, 2017’’ and inserting ‘‘October 1, 2017, 18

and ending September 30, 2067’’. 19

TITLE LXXXII—MISCELLANEOUS 20

SEC. 8201. UINTAH WATER CONSERVANCY DISTRICT PRE-21

PAYMENT. 22

The Secretary of the Interior shall allow for prepay-23

ment of the repayment contract no. 6–05–01–00143 be-24

tween the United States and the Uintah Water Conser-25

321


vancy District dated June 3, 1976, and supplemented and 1

amended on November 1, 1985, and on December 30, 2

1992, providing for repayment of municipal and industrial 3

water delivery facilities for which repayment is provided 4

pursuant to such contract, under terms and conditions 5

similar to those used in implementing section 210 of the 6

Central Utah Project Completion Act (Public Law 102– 7

575), as amended. The prepayment— 8

(1) shall result in the United States recovering 9

the net present value of all repayment streams that 10

would have been payable to the United States if this 11

section was not in effect; 12

(2) may be provided in several installments to 13

reflect substantial completion of the delivery facili-14

ties being prepaid, and any increase in the repay-15

ment obligation resulting from delivery of water in 16

addition to the water being delivered under this con-17

tract as of the date of enactment of this Act; 18

(3) shall be adjusted to conform to a final cost 19

allocation including costs incurred by the Bureau of 20

Reclamation, but unallocated as of the date of the 21

enactment of this Act that are allocable to the water 22

delivered under this contract; 23

322


(4) may not be adjusted on the basis of the 1

type of prepayment financing used by the District; 2

and 3

(5) shall be made such that total repayment is 4

made not later than September 30, 2019. 5

SEC. 8202. TULE RIVER TRIBE WATER DEVELOPMENT. 6



the Secretary of the Interior, acting through the 9

Commissioner of Reclamation. 10

(2) TRIBE.—The term ‘‘Tribe’’ means the Tule 11

River Indian Tribe of the Tule River Reservation in 12

the State of California. 13

(b) STUDY AND REPORT ON ALTERNATIVES.— 14

(1) STUDY.—Not later than 2 years after the 15

date on which funds are made available under para-16

graph (3), the Secretary shall complete a feasibility 17

study to evaluate alternatives (including alternatives 18

for phase I reservoir storage of a quantity of water 19

of not more than 5,000 acre-feet) for the provision 20

of a domestic, commercial, municipal, industrial, and 21

irrigation water supply for the Tribe. 22

(2) REPORT.—On completion of the study 23

under subsection (a), the Secretary shall submit to 24

the Committee on Natural Resources of the House 25

323


of Representatives and the Committees on Energy 1

and Natural Resources and Indian Affairs of the 2

Senate a report describing the results of the study. 3

(3) AUTHORIZATION OF APPROPRIATIONS.— 4

There is authorized to be appropriated to the Sec-5

retary $3,000,000 to carry out this subsection. 6

(c) CONDITIONS FOR FUTURE PROJECTS.— 7

(1) IN GENERAL.—No project constructed relat-8

ing to the feasibility study under subsection (b) shall 9

provide any water supply for— 10

(A) the casino of the Tule River Tribe, as 11

in existence on the date of enactment of this 12

Act; 13

(B) any expansion of that casino; 14

(C) any other tribal casino; or 15

(D) any current or future lodging, dining, 16

entertainment, meeting space, parking, or other 17

similar facility in support of a gaming activity. 18

(2) AVAILABILITY OF WATER SUPPLIES.—A 19

water supply provided by a project constructed relat-20

ing to the feasibility study under subsection (b) shall 21

be available to serve— 22

(A) the domestic, municipal, and govern-23

mental (including firefighting) needs of the 24

Tribe and members of the Tribe; and 25

324


(B) other commercial, agricultural, and in-1

dustrial needs not related to a gaming activity. 2

SEC. 8203. INLAND EMPIRE GROUND WATER ASSESSMENT. 3

(a) IN GENERAL.—Not later than 2 years after funds 4

are made available to carry out this section, the Secretary 5

of the Interior, acting through the Director of the United 6

States Geological Survey, shall complete a study of water 7

resources in the Rialto-Colton Basin in the State of Cali-8

fornia (in this section referred to as the ‘‘Basin’’), includ-9

ing— 10

(1) a survey of ground water resources in the 11

Basin, including an analysis of— 12

(A) the delineation, either horizontally or 13

vertically, of the aquifers in the Basin, includ-14

ing the quantity of water in the aquifers; 15

(B) the availability of ground water re-16

sources for human use; 17

(C) the salinity of ground water resources; 18

(D) the identification of a recent surge in 19

perchlorate concentrations in ground water, 20

whether significant sources are being flushed 21

through the vadose zone, or if perchlorate is 22

being remobilized; 23

325


(E) the identification of impacts and 1

extents of all source areas that contribute to 2

the regional plume to be fully characterized; 3

(F) the potential of the ground water re-4

sources to recharge; 5

(G) the interaction between ground water 6

and surface water; 7

(H) the susceptibility of the aquifers to 8

contamination, including identifying the extent 9

of commingling of plume emanating within sur-10

rounding areas in San Bernardino County, 11

California; and 12

(I) any other relevant criteria; and 13

(2) a characterization of surface and bedrock 14

geology of the Basin, including the effect of the geol-15

ogy on ground water yield and quality. 16

(b) COORDINATION.—The Secretary shall carry out 17

the study in coordination with the State of California and 18

any other entities that the Secretary determines to be ap-19

propriate, including other Federal agencies and institu-20

tions of higher education. 21

(c) REPORT.—Upon completion of the study, the Sec-22

retary shall submit to the Committee on Energy and Nat-23

ural Resources of the Senate and the Committee on Nat-24

326


ural Resources of the House of Representatives a report 1

that describes the results of the study. 2

DIVISION I—INSULAR AREAS 3

SEC. 9001. CONVEYANCE OF CERTAIN SUBMERGED LAND 4

TO THE COMMONWEALTH OF THE NORTHERN 5

MARIANA ISLANDS. 6

(a) IN GENERAL.—The first section of Public Law 7

93–435 (48 U.S.C. 1705) is amended by inserting ‘‘the 8

Commonwealth of the Northern Mariana Islands,’’ after 9

‘‘Guam,’’ each place it appears. 10

(b) REFERENCES TO DATE OF ENACTMENT.—For 11

the purposes of the amendment made by subsection (a), 12

each reference in Public Law 93–435 (48 U.S.C. 1705) 13

to the ‘‘date of enactment’’ shall be considered to be a 14

reference to the date of the enactment of this Act. 15

DIVISION J—BUDGETARY 16

EFFECTS 17

SEC. 10001. BUDGETARY EFFECTS. 18

The budgetary effects of this Act, for the purpose of 19

complying with the Statutory Pay-As-You-Go-Act of 2010, 20

shall be determined by reference to the latest statement 21

titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 22

Act, submitted for printing in the Congressional Record 23

by the Chairman of the Senate Budget Committee, pro-24

327


vided that such statement has been submitted prior to the 1

vote on passage. 2

Documents

TH D CONGRESS SESSION S. ll › pdf › PPM170_end10b50_xml.pdf · 2012-10-29 · O:\END\END10B50.xml [file 1 of 10] S.L.C. 111TH CONGRESS 2D SESSION S. ll To designate certain land