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pdfPUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 991
Public Law 111–11
111th Congress
An Act
To designate certain land as components of the National Wilderness Preservation
System, to authorize certain programs and activities in the Department of the
Interior and the Department of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Omnibus
Public Land Management Act of 2009’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Mar. 30, 2009
[H.R. 146]
Omnibus
Public Land
Management Act
of 2009.
16 USC 1 note.
Sec. 1. Short title; table of contents.
TITLE I—ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION
SYSTEM
Subtitle A—Wild Monongahela Wilderness
Sec. 1001. Designation of wilderness, Monongahela National Forest, West Virginia.
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest.
Sec. 1003. Monongahela National Forest boundary confirmation.
Sec. 1004. Enhanced Trail Opportunities.
Subtitle B—Virginia Ridge and Valley Wilderness
Sec. 1101. Definitions.
Sec. 1102. Designation of additional National Forest System land in Jefferson National Forest as wilderness or a wilderness study area.
Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area, Jefferson
National Forest, Virginia.
Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest,
Virginia.
Sec. 1105. Trail plan and development.
Sec. 1106. Maps and boundary descriptions.
Sec. 1107. Effective date.
Subtitle C—Mt. Hood Wilderness, Oregon
Sec. 1201. Definitions.
Sec. 1202. Designation of wilderness areas.
Sec. 1203. Designation of streams for wild and scenic river protection in the Mount
Hood area.
Sec. 1204. Mount Hood National Recreation Area.
Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek.
Sec. 1206. Land exchanges.
Sec. 1207. Tribal provisions; planning and studies.
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Subtitle D—Copper Salmon Wilderness, Oregon
Sec. 1301. Designation of the Copper Salmon Wilderness.
Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.
Sec. 1303. Protection of tribal rights.
Subtitle E—Cascade-Siskiyou National Monument, Oregon
Sec. 1401. Definitions.
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123 STAT. 992
PUBLIC LAW 111–11—MAR. 30, 2009
Sec.
Sec.
Sec.
Sec.
Sec.
1402.
1403.
1404.
1405.
1406.
Voluntary grazing lease donation program.
Box R Ranch land exchange.
Deerfield land exchange.
Soda Mountain Wilderness.
Effect.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1501.
1502.
1503.
1504.
1505.
1506.
1507.
1508.
Subtitle F—Owyhee Public Land Management
Definitions.
Owyhee Science Review and Conservation Center.
Wilderness areas.
Designation of wild and scenic rivers.
Land identified for disposal.
Tribal cultural resources.
Recreational travel management plans.
Authorization of appropriations.
Subtitle G—Sabinoso Wilderness, New Mexico
Sec. 1601. Definitions.
Sec. 1602. Designation of the Sabinoso Wilderness.
Sec.
Sec.
Sec.
Sec.
1651.
1652.
1653.
1654.
Subtitle H—Pictured Rocks National Lakeshore Wilderness
Definitions.
Designation of Beaver Basin Wilderness.
Administration.
Effect.
Sec.
Sec.
Sec.
Sec.
Sec.
1701.
1702.
1703.
1704.
1705.
Subtitle I—Oregon Badlands Wilderness
Definitions.
Oregon Badlands Wilderness.
Release.
Land exchanges.
Protection of tribal treaty rights.
Sec.
Sec.
Sec.
Sec.
Sec.
1751.
1752.
1753.
1754.
1755.
Subtitle J—Spring Basin Wilderness, Oregon
Definitions.
Spring Basin Wilderness.
Release.
Land exchanges.
Protection of tribal treaty rights.
Subtitle K—Eastern Sierra and Northern San Gabriel Wilderness, California
Sec. 1801. Definitions.
Sec. 1802. Designation of wilderness areas.
Sec. 1803. Administration of wilderness areas.
Sec. 1804. Release of wilderness study areas.
Sec. 1805. Designation of wild and scenic rivers.
Sec. 1806. Bridgeport Winter Recreation Area.
Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.
Sec. 1808. Ancient Bristlecone Pine Forest.
Subtitle L—Riverside County Wilderness, California
Sec. 1851. Wilderness designation.
Sec. 1852. Wild and scenic river designations, Riverside County, California.
Sec. 1853. Additions and technical corrections to Santa Rosa and San Jacinto
Mountains National Monument.
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Subtitle
Sec. 1901.
Sec. 1902.
Sec. 1903.
Sec. 1904.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
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M—Sequoia and Kings Canyon National Parks Wilderness, California
Definitions.
Designation of wilderness areas.
Administration of wilderness areas.
Authorization of appropriations.
Subtitle N—Rocky Mountain National Park Wilderness, Colorado
1951. Definitions.
1952. Rocky Mountain National Park Wilderness, Colorado.
1953. Grand River Ditch and Colorado-Big Thompson projects.
1954. East Shore Trail Area.
1955. National forest area boundary adjustments.
1956. Authority to lease Leiffer tract.
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PUBLIC LAW 111–11—MAR. 30, 2009
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1971.
1972.
1973.
1974.
1975.
1976.
1977.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1978.
1979.
1980.
1981.
1982.
1983.
123 STAT. 993
Subtitle O—Washington County, Utah
Definitions.
Wilderness areas.
Zion National Park wilderness.
Red Cliffs National Conservation Area.
Beaver Dam Wash National Conservation Area.
Zion National Park wild and scenic river designation.
Washington County comprehensive travel and transportation management plan.
Land disposal and acquisition.
Management of priority biological areas.
Public purpose conveyances.
Conveyance of Dixie National Forest land.
Transfer of land into trust for Shivwits Band of Paiute Indians.
Authorization of appropriations.
TITLE II—BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A—National Landscape Conservation System
Sec. 2001. Definitions.
Sec. 2002. Establishment of the National Landscape Conservation System.
Sec. 2003. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
2101.
2102.
2103.
2104.
2105.
Subtitle B—Prehistoric Trackways National Monument
Findings.
Definitions.
Establishment.
Administration.
Authorization of appropriations.
Subtitle C—Fort Stanton-Snowy River Cave National Conservation Area
Sec. 2201. Definitions.
Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area.
Sec. 2203. Management of the Conservation Area.
Sec. 2204. Authorization of appropriations.
Subtitle D—Snake River Birds of Prey National Conservation Area
Sec. 2301. Snake River Birds of Prey National Conservation Area.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
2401.
2402.
2403.
2404.
2405.
2406.
2407.
2408.
Subtitle E—Dominguez-Escalante National Conservation Area
Definitions.
Dominguez-Escalante National Conservation Area.
Dominguez Canyon Wilderness Area.
Maps and legal descriptions.
Management of Conservation Area and Wilderness.
Management plan.
Advisory council.
Authorization of appropriations.
Subtitle F—Rio Puerco Watershed Management Program
Sec. 2501. Rio Puerco Watershed Management Program.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
2601.
2602.
2603.
2604.
2605.
2606.
2607.
2608.
2609.
2610.
2611.
Subtitle G—Land Conveyances and Exchanges
Carson City, Nevada, land conveyances.
Southern Nevada limited transition area conveyance.
Nevada Cancer Institute land conveyance.
Turnabout Ranch land conveyance, Utah.
Boy Scouts land exchange, Utah.
Douglas County, Washington, land conveyance.
Twin Falls, Idaho, land conveyance.
Sunrise Mountain Instant Study Area release, Nevada.
Park City, Utah, land conveyance.
Release of reversionary interest in certain lands in Reno, Nevada.
Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.
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TITLE III—FOREST SERVICE AUTHORIZATIONS
Subtitle A—Watershed Restoration and Enhancement
Sec. 3001. Watershed restoration and enhancement agreements.
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123 STAT. 994
PUBLIC LAW 111–11—MAR. 30, 2009
Subtitle B—Wildland Firefighter Safety
Sec. 3101. Wildland firefighter safety.
Subtitle C—Wyoming Range
Sec. 3201. Definitions.
Sec. 3202. Withdrawal of certain land in the Wyoming range.
Sec. 3203. Acceptance of the donation of valid existing mining or leasing rights in
the Wyoming range.
Subtitle D—Land Conveyances and Exchanges
Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.
Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance, Montana.
Sec. 3303. Santa Fe National Forest; Pecos National Historical Park Land Exchange.
Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.
Sec. 3305. Kittitas County, Washington, land conveyance.
Sec. 3306. Mammoth Community Water District use restrictions.
Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.
Sec. 3308. Boundary adjustment, Frank Church River of No Return Wilderness.
Sec. 3309. Sandia pueblo land exchange technical amendment.
Subtitle E—Colorado Northern Front Range Study
Sec. 3401. Purpose.
Sec. 3402. Definitions.
Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.
Sec.
Sec.
Sec.
Sec.
4001.
4002.
4003.
4004.
TITLE IV—FOREST LANDSCAPE RESTORATION
Purpose.
Definitions.
Collaborative Forest Landscape Restoration Program.
Authorization of appropriations.
TITLE V—RIVERS AND TRAILS
Subtitle A—Additions to the National Wild and Scenic Rivers System
Sec. 5001. Fossil Creek, Arizona.
Sec. 5002. Snake River Headwaters, Wyoming.
Sec. 5003. Taunton River, Massachusetts.
Subtitle B—Wild and Scenic Rivers Studies
Sec. 5101. Missisquoi and Trout Rivers Study.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
5201.
5202.
5203.
5204.
5205.
5206.
Subtitle C—Additions to the National Trails System
Arizona National Scenic Trail.
New England National Scenic Trail.
Ice Age Floods National Geologic Trail.
Washington-Rochambeau Revolutionary Route National Historic Trail.
Pacific Northwest National Scenic Trail.
Trail of Tears National Historic Trail.
Subtitle D—National Trail System Amendments
Sec. 5301. National Trails System willing seller authority.
Sec. 5302. Revision of feasibility and suitability studies of existing national historic
trails.
Sec. 5303. Chisholm Trail and Great Western Trails Studies.
Subtitle E—Effect of Title
Sec. 5401. Effect.
TITLE VI—DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A—Cooperative Watershed Management Program
Sec. 6001. Definitions.
Sec. 6002. Program.
Sec. 6003. Effect of subtitle.
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Subtitle B—Competitive Status for Federal Employees in Alaska
Sec. 6101. Competitive status for certain Federal employees in the State of Alaska.
Subtitle C—Wolf Livestock Loss Demonstration Project
Sec. 6201. Definitions.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 995
Sec. 6202. Wolf compensation and prevention program.
Sec. 6203. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
6301.
6302.
6303.
6304.
6305.
6306.
6307.
6308.
6309.
6310.
6311.
6312.
Subtitle D—Paleontological Resources Preservation
Definitions.
Management.
Public awareness and education program.
Collection of paleontological resources.
Curation of resources.
Prohibited acts; criminal penalties.
Civil penalties.
Rewards and forfeiture.
Confidentiality.
Regulations.
Savings provisions.
Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
6401.
6402.
6403.
6404.
6405.
6406.
Subtitle E—Izembek National Wildlife Refuge Land Exchange
Definitions.
Land exchange.
King Cove Road.
Administration of conveyed lands.
Failure to begin road construction.
Expiration of legislative authority.
TITLE VII—NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A—Additions to the National Park System
Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.
Sec. 7002. William Jefferson Clinton Birthplace Home National Historic Site.
Sec. 7003. River Raisin National Battlefield Park.
Subtitle B—Amendments to Existing Units of the National Park System
Sec. 7101. Funding for Keweenaw National Historical Park.
Sec. 7102. Location of visitor and administrative facilities for Weir Farm National
Historic Site.
Sec. 7103. Little River Canyon National Preserve boundary expansion.
Sec. 7104. Hopewell Culture National Historical Park boundary expansion.
Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary adjustment.
Sec. 7106. Minute Man National Historical Park.
Sec. 7107. Everglades National Park.
Sec. 7108. Kalaupapa National Historical Park.
Sec. 7109. Boston Harbor Islands National Recreation Area.
Sec. 7110. Thomas Edison National Historical Park, New Jersey.
Sec. 7111. Women’s Rights National Historical Park.
Sec. 7112. Martin Van Buren National Historic Site.
Sec. 7113. Palo Alto Battlefield National Historical Park.
Sec. 7114. Abraham Lincoln Birthplace National Historical Park.
Sec. 7115. New River Gorge National River.
Sec. 7116. Technical corrections.
Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio.
Sec. 7118. Fort Davis National Historic Site.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
7201.
7202.
7203.
7204.
7205.
7206.
7207.
7208.
7209.
7210.
7211.
7212.
Subtitle C—Special Resource Studies
Walnut Canyon study.
Tule Lake Segregation Center, California.
Estate Grange, St. Croix.
Harriet Beecher Stowe House, Maine.
Shepherdstown battlefield, West Virginia.
Green McAdoo School, Tennessee.
Harry S Truman Birthplace, Missouri.
Battle of Matewan special resource study.
Butterfield Overland Trail.
Cold War sites theme study.
Battle of Camden, South Carolina.
Fort San Gero´nimo, Puerto Rico.
Subtitle D—Program Authorizations
Sec. 7301. American Battlefield Protection Program.
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123 STAT. 996
PUBLIC LAW 111–11—MAR. 30, 2009
Sec.
Sec.
Sec.
Sec.
7302.
7303.
7304.
7305.
Preserve America Program.
Save America’s Treasures Program.
Route 66 Corridor Preservation Program.
National Cave and Karst Research Institute.
Sec.
Sec.
Sec.
Sec.
7401.
7402.
7403.
7404.
Subtitle E—Advisory Commissions
Na Hoa Pili O Kaloko-Honokohau Advisory Commission.
Cape Cod National Seashore Advisory Commission.
Concessions Management Advisory Board.
St. Augustine 450th Commemoration Commission.
TITLE VIII—NATIONAL HERITAGE AREAS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
8001.
8002.
8003.
8004.
8005.
8006.
Sec.
Sec.
Sec.
Sec.
8007.
8008.
8009.
8010.
Subtitle A—Designation of National Heritage Areas
Sangre de Cristo National Heritage Area, Colorado.
Cache La Poudre River National Heritage Area, Colorado.
South Park National Heritage Area, Colorado.
Northern Plains National Heritage Area, North Dakota.
Baltimore National Heritage Area, Maryland.
Freedom’s Way National Heritage Area, Massachusetts and New Hampshire.
Mississippi Hills National Heritage Area.
Mississippi Delta National Heritage Area.
Muscle Shoals National Heritage Area, Alabama.
Kenai Mountains-Turnagain Arm National Heritage Area, Alaska.
Subtitle B—Studies
Sec. 8101. Chattahoochee Trace, Alabama and Georgia.
Sec. 8102. Northern Neck, Virginia.
Sec.
Sec.
Sec.
Sec.
Subtitle C—Amendments Relating to National Heritage Corridors
8201. Quinebaug and Shetucket Rivers Valley National Heritage Corridor.
8202. Delaware And Lehigh National Heritage Corridor.
8203. Erie Canalway National Heritage Corridor.
8204. John H. Chafee Blackstone River Valley National Heritage Corridor.
Subtitle D—Effect of Title
Sec. 8301. Effect on access for recreational activities.
TITLE IX—BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A—Feasibility Studies
Sec. 9001. Snake, Boise, and Payette River systems, Idaho.
Sec. 9002. Sierra Vista Subwatershed, Arizona.
Sec. 9003. San Diego Intertie, California.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
9101.
9102.
9103.
9104.
9105.
9106.
9107.
9108.
9109.
9110.
9111.
9112.
9113.
9114.
9115.
Subtitle B—Project Authorizations
Tumalo Irrigation District Water Conservation Project, Oregon.
Madera Water Supply Enhancement Project, California.
Eastern New Mexico Rural Water System project, New Mexico.
Rancho California Water District project, California.
Jackson Gulch Rehabilitation Project, Colorado.
Rio Grande Pueblos, New Mexico.
Upper Colorado River endangered fish programs.
Santa Margarita River, California.
Elsinore Valley Municipal Water District.
North Bay Water Reuse Authority.
Prado Basin Natural Treatment System Project, California.
Bunker Hill Groundwater Basin, California.
GREAT Project, California.
Yucaipa Valley Water District, California.
Arkansas Valley Conduit, Colorado.
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Subtitle C—Title Transfers and Clarifications
Sec. 9201. Transfer of McGee Creek pipeline and facilities.
Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification.
Sec. 9203. Goleta Water District Water Distribution System, California.
Subtitle D—San Gabriel Basin Restoration Fund
Sec. 9301. Restoration Fund.
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123 STAT. 997
Sec.
Sec.
Sec.
Sec.
Subtitle E—Lower Colorado River Multi-Species Conservation Program
9401. Definitions.
9402. Implementation and water accounting.
9403. Enforceability of program documents.
9404. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
9501.
9502.
9503.
9504.
9505.
9506.
9507.
9508.
9509.
9510.
Subtitle F—Secure Water
Findings.
Definitions.
Reclamation climate change and water program.
Water management improvement.
Hydroelectric power assessment.
Climate change and water intragovernmental panel.
Water data enhancement by United States Geological Survey.
National water availability and use assessment program.
Research agreement authority.
Effect.
Subtitle G—Aging Infrastructure
Sec. 9601 Definitions.
Sec. 9602. Guidelines and inspection of project facilities and technical assistance to
transferred works operating entities.
Sec. 9603. Extraordinary operation and maintenance work performed by the Secretary.
Sec. 9604. Relationship to Twenty-First Century Water Works Act.
Sec. 9605. Authorization of appropriations.
TITLE X—WATER SETTLEMENTS
Subtitle A—San Joaquin River Restoration Settlement
PART I—SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT
Short title.
Purpose.
Definitions.
Implementation of settlement.
Acquisition and disposal of property; title to facilities.
Compliance with applicable law.
Compliance with Central Valley Project Improvement Act.
No private right of action.
Appropriations; Settlement Fund.
Repayment contracts and acceleration of repayment of construction
costs.
Sec. 10011. California Central Valley Spring Run Chinook salmon.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
10001.
10002.
10003.
10004.
10005.
10006.
10007.
10008.
10009.
10010.
PART II—STUDY TO DEVELOP WATER PLAN; REPORT
Sec. 10101. Study to develop water plan; report.
PART III—FRIANT DIVISION IMPROVEMENTS
Sec. 10201. Federal facility improvements.
Sec. 10202. Financial assistance for local projects.
Sec. 10203. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
10301.
10302.
10303.
10304.
10305.
Subtitle B—Northwestern New Mexico Rural Water Projects
Short title.
Definitions.
Compliance with environmental laws.
No reallocation of costs.
Interest rate.
COLORADO RIVER STORAGE PROJECT ACT
LAW 87–483
Sec. 10401. Amendments to the Colorado River Storage Project Act.
Sec. 10402. Amendments to Public Law 87–483.
Sec. 10403. Effect on Federal water law.
PART I—AMENDMENTS
TO THE
AND
PUBLIC
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PART II—RECLAMATION WATER SETTLEMENTS FUND
Sec. 10501. Reclamation Water Settlements Fund.
PART III—NAVAJO-GALLUP WATER SUPPLY PROJECT
Sec. 10601. Purposes.
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PUBLIC LAW 111–11—MAR. 30, 2009
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
10602.
10603.
10604.
10605.
10606.
10607.
10608.
10609.
Authorization of Navajo-Gallup Water Supply Project.
Delivery and use of Navajo-Gallup Water Supply Project water.
Project contracts.
Navajo Nation Municipal Pipeline.
Authorization of conjunctive use wells.
San Juan River Navajo Irrigation Projects.
Other irrigation projects.
Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
10701.
10702.
10703.
10704.
PART IV—NAVAJO NATION WATER RIGHTS
Agreement.
Trust Fund.
Waivers and releases.
Water rights held in trust.
Subtitle C—Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights
Settlement
Sec. 10801. Findings.
Sec. 10802. Purposes.
Sec. 10803. Definitions.
Sec. 10804. Approval, ratification, and confirmation of agreement; authorization.
Sec. 10805. Tribal water rights.
Sec. 10806. Duck Valley Indian Irrigation Project.
Sec. 10807. Development and Maintenance Funds.
Sec. 10808. Tribal waiver and release of claims.
Sec. 10809. Miscellaneous.
TITLE XI—UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 11001. Reauthorization of the National Geologic Mapping Act of 1992.
Sec. 11002. New Mexico water resources study.
TITLE XII—OCEANS
Subtitle A—Ocean Exploration
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PART I—EXPLORATION
Purpose.
Program established.
Powers and duties of the Administrator.
Ocean exploration and undersea research technology and infrastructure
task force.
Sec. 12005. Ocean Exploration Advisory Board.
Sec. 12006. Authorization of appropriations.
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Sec.
Sec.
Sec.
Sec.
12001.
12002.
12003.
12004.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
PART II—NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009
12101. Short title.
12102. Program established.
12103. Powers of program director.
12104. Administrative structure.
12105. Research, exploration, education, and technology programs.
12106. Competitiveness.
12107. Authorization of appropriations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
12201.
12202.
12203.
12204.
12205.
12206.
12207.
12208.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Subtitle C—Integrated Coastal and Ocean Observation System Act of 2009
12301. Short title.
12302. Purposes.
12303. Definitions.
12304. Integrated coastal and ocean observing system.
12305. Interagency financing and agreements.
12306. Application with other laws.
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Subtitle B—Ocean and Coastal Mapping Integration Act
Short title.
Establishment of program.
Interagency committee on ocean and coastal mapping.
Biannual reports.
Plan.
Effect on other laws.
Authorization of appropriations.
Definitions.
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Sec.
Sec.
Sec.
Sec.
Sec.
12307.
12308.
12309.
12310.
12311.
123 STAT. 999
Report to Congress.
Public-private use policy.
Independent cost estimate.
Intent of Congress.
Authorization of appropriations.
Subtitle D—Federal Ocean Acidification Research and Monitoring Act of 2009
Sec. 12401. Short title.
Sec. 12402. Purposes.
Sec. 12403. Definitions.
Sec. 12404. Interagency subcommittee.
Sec. 12405. Strategic research plan.
Sec. 12406. NOAA ocean acidification activities.
Sec. 12407. NSF ocean acidification activities.
Sec. 12408. NASA ocean acidification activities.
Sec. 12409. Authorization of appropriations.
Subtitle E—Coastal and Estuarine Land Conservation Program
Sec. 12501. Short title.
Sec. 12502. Authorization of Coastal and Estuarine Land Conservation Program.
TITLE XIII—MISCELLANEOUS
Sec. 13001. Management and distribution of North Dakota trust funds.
Sec. 13002. Amendments to the Fisheries Restoration and Irrigation Mitigation Act
of 2000.
Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.
Sec. 13004. Additional Assistant Secretary for Department of Energy.
Sec. 13005. Lovelace Respiratory Research Institute.
Sec. 13006. Authorization of appropriations for National Tropical Botanical Garden.
TITLE XIV—CHRISTOPHER AND DANA REEVE PARALYSIS ACT
Sec. 14001. Short title.
Subtitle A—Paralysis Research
Sec. 14101. Activities of the National Institutes of Health with respect to research
on paralysis.
Subtitle B—Paralysis Rehabilitation Research and Care
Sec. 14201. Activities of the National Institutes of Health with respect to research
with implications for enhancing daily function for persons with paralysis.
Subtitle C—Improving Quality of Life for Persons With Paralysis and Other
Physical Disabilities
Sec. 14301. Programs to improve quality of life for persons with paralysis and other
physical disabilities.
TITLE XV—SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION
Sec. 15101. Laboratory and support space, Edgewater, Maryland.
Sec. 15102. Laboratory space, Gamboa, Panama.
Sec. 15103. Construction of greenhouse facility.
TITLE I—ADDITIONS TO THE NATIONAL
WILDERNESS PRESERVATION SYSTEM
Subtitle A—Wild Monongahela Wilderness
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SEC. 1001. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL
FOREST, WEST VIRGINIA.
(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal lands
within the Monongahela National Forest in the State of West Virginia are designated as wilderness and as either a new component
of the National Wilderness Preservation System or as an addition
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to an existing component of the National Wilderness Preservation
System:
(1) Certain Federal land comprising approximately 5,144
acres, as generally depicted on the map entitled ‘‘Big Draft
Proposed Wilderness’’ and dated March 11, 2008, which shall
be known as the ‘‘Big Draft Wilderness’’.
(2) Certain Federal land comprising approximately 11,951
acres, as generally depicted on the map entitled ‘‘Cranberry
Expansion Proposed Wilderness’’ and dated March 11, 2008,
which shall be added to and administered as part of the Cranberry Wilderness designated by section 1(1) of Public Law 97–
466 (96 Stat. 2538).
(3) Certain Federal land comprising approximately 7,156
acres, as generally depicted on the map entitled ‘‘Dolly Sods
Expansion Proposed Wilderness’’ and dated March 11, 2008,
which shall be added to and administered as part of the Dolly
Sods Wilderness designated by section 3(a)(13) of Public Law
93–622 (88 Stat. 2098).
(4) Certain Federal land comprising approximately 698
acres, as generally depicted on the map entitled ‘‘Otter Creek
Expansion Proposed Wilderness’’ and dated March 11, 2008,
which shall be added to and administered as part of the Otter
Creek Wilderness designated by section 3(a)(14) of Public Law
93–622 (88 Stat. 2098).
(5) Certain Federal land comprising approximately 6,792
acres, as generally depicted on the map entitled ‘‘Roaring Plains
Proposed Wilderness’’ and dated March 11, 2008, which shall
be known as the ‘‘Roaring Plains West Wilderness’’.
(6) Certain Federal land comprising approximately 6,030
acres, as generally depicted on the map entitled ‘‘Spice Run
Proposed Wilderness’’ and dated March 11, 2008, which shall
be known as the ‘‘Spice Run Wilderness’’.
(b) MAPS AND LEGAL DESCRIPTION.—
(1) FILING AND AVAILABILITY.—As soon as practicable after
the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall
file with the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a map and legal description of each
wilderness area designated or expanded by subsection (a). The
maps and legal descriptions shall be on file and available
for public inspection in the office of the Chief of the Forest
Service and the office of the Supervisor of the Monongahela
National Forest.
(2) FORCE AND EFFECT.—The maps and legal descriptions
referred to in this subsection shall have the same force and
effect as if included in this subtitle, except that the Secretary
may correct errors in the maps and descriptions.
(c) ADMINISTRATION.—Subject to valid existing rights, the Federal lands designated as wilderness by subsection (a) shall be
administered by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.). The Secretary may continue to
authorize the competitive running event permitted from 2003
through 2007 in the vicinity of the boundaries of the Dolly Sods
Wilderness addition designated by paragraph (3) of subsection (a)
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and the Roaring Plains West Wilderness Area designated by paragraph (5) of such subsection, in a manner compatible with the
preservation of such areas as wilderness.
(d) EFFECTIVE DATE OF WILDERNESS ACT.—With respect to
the Federal lands designated as wilderness by subsection (a), any
reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the
effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act.
(e) FISH AND WILDLIFE.—As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects
the jurisdiction or responsibility of the State of West Virginia with
respect to wildlife and fish.
SEC. 1002. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, MONONGAHELA NATIONAL FOREST.
(a) BOUNDARY ADJUSTMENT.—The boundary of the Laurel Fork
South Wilderness designated by section 1(3) of Public Law 97–
466 (96 Stat. 2538) is modified to exclude two parcels of land,
as generally depicted on the map entitled ‘‘Monongahela National
Forest Laurel Fork South Wilderness Boundary Modification’’ and
dated March 11, 2008, and more particularly described according
to the site-specific maps and legal descriptions on file in the office
of the Forest Supervisor, Monongahela National Forest. The general
map shall be on file and available for public inspection in the
Office of the Chief of the Forest Service.
(b) MANAGEMENT.—Federally owned land delineated on the
maps referred to in subsection (a) as the Laurel Fork South Wilderness, as modified by such subsection, shall continue to be administered by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
16 USC 1132
note.
SEC. 1003. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
(a) IN GENERAL.—The boundary of the Monongahela National
Forest is confirmed to include the tracts of land as generally
depicted on the map entitled ‘‘Monongahela National Forest
Boundary Confirmation’’ and dated March 13, 2008, and all Federal
lands under the jurisdiction of the Secretary of Agriculture, acting
through the Chief of the Forest Service, encompassed within such
boundary shall be managed under the laws and regulations pertaining to the National Forest System.
(b) LAND AND WATER CONSERVATION FUND.—For the purposes
of section 7 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–9), the boundaries of the Monongahela
National Forest, as confirmed by subsection (a), shall be considered
to be the boundaries of the Monongahela National Forest as of
January 1, 1965.
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SEC. 1004. ENHANCED TRAIL OPPORTUNITIES.
(a) PLAN.—
(1) IN GENERAL.—The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide
for enhanced nonmotorized recreation trail opportunities on
lands not designated as wilderness within the Monongahela
National Forest.
(2) NONMOTORIZED RECREATION TRAIL DEFINED.—For the
purposes of this subsection, the term ‘‘nonmotorized recreation
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trail’’ means a trail designed for hiking, bicycling, and equestrian use.
(b) REPORT.—Not later than two years after the date of the
enactment of this Act, the Secretary of Agriculture shall submit
to Congress a report on the implementation of the plan required
under subsection (a), including the identification of priority trails
for development.
(c) CONSIDERATION OF CONVERSION OF FOREST ROADS TO RECREATIONAL USES.—In considering possible closure and decommissioning of a Forest Service road within the Monongahela National
Forest after the date of the enactment of this Act, the Secretary
of Agriculture, in accordance with applicable law, may consider
converting the road to nonmotorized uses to enhance recreational
opportunities within the Monongahela National Forest.
Subtitle B—Virginia Ridge and Valley
Wilderness
16 USC 546b
note.
SEC. 1101. DEFINITIONS.
In this subtitle:
(1) SCENIC AREAS.—The term ‘‘scenic areas’’ means the
Seng Mountain National Scenic Area and the Bear Creek
National Scenic Area.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
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SEC. 1102. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM
LAND IN JEFFERSON NATIONAL FOREST AS WILDERNESS
OR A WILDERNESS STUDY AREA.
(a) DESIGNATION OF WILDERNESS.—Section 1 of Public Law
100–326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057),
is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘System—’’ and inserting ‘‘System:’’;
(2) by striking ‘‘certain’’ each place it appears and inserting
‘‘Certain’’;
(3) in each of paragraphs (1) through (6), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (7), by striking ‘‘; and’’ and inserting
a period; and
(5) by adding at the end the following:
‘‘(9) Certain land in the Jefferson National Forest comprising approximately 3,743 acres, as generally depicted on
the map entitled ‘Brush Mountain and Brush Mountain East’
and dated May 5, 2008, which shall be known as the ‘Brush
Mountain East Wilderness’.
‘‘(10) Certain land in the Jefferson National Forest comprising approximately 4,794 acres, as generally depicted on
the map entitled ‘Brush Mountain and Brush Mountain East’
and dated May 5, 2008, which shall be known as the ‘Brush
Mountain Wilderness’.
‘‘(11) Certain land in the Jefferson National Forest comprising approximately 4,223 acres, as generally depicted on
the map entitled ‘Seng Mountain and Raccoon Branch’ and
dated April 28, 2008, which shall be known as the ‘Raccoon
Branch Wilderness’.
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‘‘(12) Certain land in the Jefferson National Forest comprising approximately 3,270 acres, as generally depicted on
the map entitled ‘Stone Mountain’ and dated April 28, 2008,
which shall be known as the ‘Stone Mountain Wilderness’.
‘‘(13) Certain land in the Jefferson National Forest comprising approximately 8,470 acres, as generally depicted on
the map entitled ‘Garden Mountain and Hunting Camp Creek’
and dated April 28, 2008, which shall be known as the ‘Hunting
Camp Creek Wilderness’.
‘‘(14) Certain land in the Jefferson National Forest comprising approximately 3,291 acres, as generally depicted on
the map entitled ‘Garden Mountain and Hunting Camp Creek’
and dated April 28, 2008, which shall be known as the ‘Garden
Mountain Wilderness’.
‘‘(15) Certain land in the Jefferson National Forest comprising approximately 5,476 acres, as generally depicted on
the map entitled ‘Mountain Lake Additions’ and dated April
28, 2008, which is incorporated in the Mountain Lake Wilderness designated by section 2(6) of the Virginia Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98–586).
‘‘(16) Certain land in the Jefferson National Forest comprising approximately 308 acres, as generally depicted on the
map entitled ‘Lewis Fork Addition and Little Wilson Creek
Additions’ and dated April 28, 2008, which is incorporated
in the Lewis Fork Wilderness designated by section 2(3) of
the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98–586).
‘‘(17) Certain land in the Jefferson National Forest comprising approximately 1,845 acres, as generally depicted on
the map entitled ‘Lewis Fork Addition and Little Wilson Creek
Additions’ and dated April 28, 2008, which is incorporated
in the Little Wilson Creek Wilderness designated by section
2(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98–586).
‘‘(18) Certain land in the Jefferson National Forest comprising approximately 2,219 acres, as generally depicted on
the map entitled ‘Shawvers Run Additions’ and dated April
28, 2008, which is incorporated in the Shawvers Run Wilderness
designated by paragraph (4).
‘‘(19) Certain land in the Jefferson National Forest comprising approximately 1,203 acres, as generally depicted on
the map entitled ‘Peters Mountain Addition’ and dated April
28, 2008, which is incorporated in the Peters Mountain Wilderness designated by section 2(7) of the Virginia Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98–586).
‘‘(20) Certain land in the Jefferson National Forest comprising approximately 263 acres, as generally depicted on the
map entitled ‘Kimberling Creek Additions and Potential Wilderness Area’ and dated April 28, 2008, which is incorporated
in the Kimberling Creek Wilderness designated by section 2(2)
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98–586).’’.
(b) DESIGNATION OF WILDERNESS STUDY AREA.—The Virginia
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–
586) is amended—
(1) in the first section, by inserting ‘‘as’’ after ‘‘cited’’; and
(2) in section 6(a)—
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(A) by striking ‘‘certain’’ each place it appears and
inserting ‘‘Certain’’;
(B) in each of paragraphs (1) and (2), by striking the
semicolon at the end and inserting a period;
(C) in paragraph (3), by striking ‘‘; and’’ and inserting
a period; and
(D) by adding at the end the following:
‘‘(5) Certain land in the Jefferson National Forest comprising approximately 3,226 acres, as generally depicted on
the map entitled ‘Lynn Camp Creek Wilderness Study Area’
and dated April 28, 2008, which shall be known as the ‘Lynn
Camp Creek Wilderness Study Area’.’’.
SEC. 1103. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA, JEFFERSON NATIONAL FOREST, VIRGINIA.
16 USC 1132
note.
Effective date.
Federal Register,
publication.
Notice.
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16 USC 546b.
(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson
National Forest comprising approximately 349 acres, as generally
depicted on the map entitled ‘‘Kimberling Creek Additions and
Potential Wilderness Area’’ and dated April 28, 2008, is designated
as a potential wilderness area for incorporation in the Kimberling
Creek Wilderness designated by section 2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586).
(b) MANAGEMENT.—Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage the
potential wilderness area in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.).
(c) ECOLOGICAL RESTORATION.—
(1) IN GENERAL.—For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, and any other activity
necessary to restore the natural ecosystems in the potential
wilderness area), the Secretary may use motorized equipment
and mechanized transport in the potential wilderness area
until the date on which the potential wilderness area is incorporated into the Kimberling Creek Wilderness.
(2) LIMITATION.—To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and
resources.
(d) WILDERNESS DESIGNATION.—The potential wilderness area
shall be designated as wilderness and incorporated in the
Kimberling Creek Wilderness on the earlier of—
(1) the date on which the Secretary publishes in the Federal
Register notice that the conditions in the potential wilderness
area that are incompatible with the Wilderness Act (16 U.S.C.
1131 et seq.) have been removed; or
(2) the date that is 5 years after the date of enactment
of this Act.
SEC. 1104. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) ESTABLISHMENT.—There are designated as National Scenic
Areas—
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123 STAT. 1005
(1) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled ‘‘Seng Mountain and Raccoon Branch’’ and dated April 28, 2008, which shall be known
as the ‘‘Seng Mountain National Scenic Area’’; and
(2) certain National Forest System land in the Jefferson
National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled ‘‘Bear Creek’’ and dated
April 28, 2008, which shall be known as the ‘‘Bear Creek
National Scenic Area’’.
(b) PURPOSES.—The purposes of the scenic areas are—
(1) to ensure the protection and preservation of scenic
quality, water quality, natural characteristics, and water
resources of the scenic areas;
(2) consistent with paragraph (1), to protect wildlife and
fish habitat in the scenic areas;
(3) to protect areas in the scenic areas that may develop
characteristics of old-growth forests; and
(4) consistent with paragraphs (1), (2), and (3), to provide
a variety of recreation opportunities in the scenic areas.
(c) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall administer the scenic
areas in accordance with—
(A) this subtitle; and
(B) the laws (including regulations) generally
applicable to the National Forest System.
(2) AUTHORIZED USES.—The Secretary shall only allow uses
of the scenic areas that the Secretary determines will further
the purposes of the scenic areas, as described in subsection
(b).
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall develop as an
amendment to the land and resource management plan for
the Jefferson National Forest a management plan for the scenic
areas.
(2) EFFECT.—Nothing in this subsection requires the Secretary to revise the land and resource management plan for
the Jefferson National Forest under section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
(e) ROADS.—
(1) IN GENERAL.—Except as provided in paragraph (2), after
the date of enactment of this Act, no roads shall be established
or constructed within the scenic areas.
(2) LIMITATION.—Nothing in this subsection denies any
owner of private land (or an interest in private land) that
is located in a scenic area the right to access the private
land.
(f) TIMBER HARVEST.—
(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), no harvesting of timber shall be allowed within the
scenic areas.
(2) EXCEPTIONS.—The Secretary may authorize harvesting
of timber in the scenic areas if the Secretary determines that
the harvesting is necessary to—
(A) control fire;
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(B) provide for public safety or trail access; or
(C) control insect and disease outbreaks.
(3) FIREWOOD FOR PERSONAL USE.—Firewood may be harvested for personal use along perimeter roads in the scenic
areas, subject to any conditions that the Secretary may impose.
(g) INSECT AND DISEASE OUTBREAKS.—The Secretary may control insect and disease outbreaks—
(1) to maintain scenic quality;
(2) to prevent tree mortality;
(3) to reduce hazards to visitors; or
(4) to protect private land.
(h) VEGETATION MANAGEMENT.—The Secretary may engage in
vegetation manipulation practices in the scenic areas to maintain
the visual quality and wildlife clearings in existence on the date
of enactment of this Act.
(i) MOTORIZED VEHICLES.—
(1) IN GENERAL.—Except as provided in paragraph (2),
motorized vehicles shall not be allowed within the scenic areas.
(2) EXCEPTIONS.—The Secretary may authorize the use of
motorized vehicles—
(A) to carry out administrative activities that further
the purposes of the scenic areas, as described in subsection
(b);
(B) to assist wildlife management projects in existence
on the date of enactment of this Act; and
(C) during deer and bear hunting seasons—
(i) on Forest Development Roads 49410 and 84b;
and
(ii) on the portion of Forest Development Road
6261 designated on the map described in subsection
(a)(2) as ‘‘open seasonally’’.
(j) WILDFIRE SUPPRESSION.—Wildfire suppression within the
scenic areas shall be conducted—
(1) in a manner consistent with the purposes of the scenic
areas, as described in subsection (b); and
(2) using such means as the Secretary determines to be
appropriate.
(k) WATER.—The Secretary shall administer the scenic areas
in a manner that maintains and enhances water quality.
(l) WITHDRAWAL.—Subject to valid existing rights, all Federal
land in the scenic areas is withdrawn from—
(1) location, entry, and patent under the mining laws;
and
(2) operation of the mineral leasing and geothermal leasing
laws.
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SEC. 1105. TRAIL PLAN AND DEVELOPMENT.
(a) TRAIL PLAN.—The Secretary, in consultation with interested
parties, shall establish a trail plan to develop—
(1) in a manner consistent with the Wilderness Act (16
U.S.C. 1131 et seq.), hiking and equestrian trails in the wilderness areas designated by paragraphs (9) through (20) of section
1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added
by section 1102(a)(5)); and
(2) nonmotorized recreation trails in the scenic areas.
(b) IMPLEMENTATION REPORT.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit to
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Congress a report that describes the implementation of the trail
plan, including the identification of priority trails for development.
(c) SUSTAINABLE TRAIL REQUIRED.—The Secretary shall develop
a sustainable trail, using a contour curvilinear alignment, to provide
for nonmotorized travel along the southern boundary of the Raccoon
Branch Wilderness established by section 1(11) of Public Law 100–
326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5)) connecting to Forest Development Road 49352 in Smyth County, Virginia.
SEC. 1106. MAPS AND BOUNDARY DESCRIPTIONS.
16 USC 546b–1.
(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on
Energy and Natural Resources of the Senate and the Committee
on Natural Resources and the Committee on Agriculture of the
House of Representatives maps and boundary descriptions of—
(1) the scenic areas;
(2) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100–326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5));
(3) the wilderness study area designated by section 6(a)(5)
of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98–586) (as added by section 1102(b)(2)(D)); and
(4) the potential wilderness area designated by section
1103(a).
(b) FORCE AND EFFECT.—The maps and boundary descriptions
filed under subsection (a) shall have the same force and effect
as if included in this subtitle, except that the Secretary may correct
any minor errors in the maps and boundary descriptions.
(c) AVAILABILITY OF MAP AND BOUNDARY DESCRIPTION.—The
maps and boundary descriptions filed under subsection (a) shall
be on file and available for public inspection in the Office of the
Chief of the Forest Service.
(d) CONFLICT.—In the case of a conflict between a map filed
under subsection (a) and the acreage of the applicable areas specified in this subtitle, the map shall control.
SEC. 1107. EFFECTIVE DATE.
Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.)
to the effective date of that Act shall be considered to be a reference
to the date of enactment of this Act for purposes of administering—
(1) the wilderness areas designated by paragraphs (9)
through (20) of section 1 of Public Law 100–326 (16 U.S.C.
1132 note) (as added by section 1102(a)(5)); and
(2) the potential wilderness area designated by section
1103(a).
Subtitle C—Mt. Hood Wilderness, Oregon
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SEC. 1201. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(2) STATE.—The term ‘‘State’’ means the State of Oregon.
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SEC. 1202. DESIGNATION OF WILDERNESS AREAS.
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16 USC 1132
note.
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(a) DESIGNATION OF LEWIS AND CLARK MOUNT HOOD WILDERAREAS.—In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State of Oregon are designated as wilderness areas and as components of the National
Wilderness Preservation System:
(1) BADGER CREEK WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service, comprising approximately 4,140 acres, as generally depicted on the maps entitled
‘‘Badger Creek Wilderness—Badger Creek Additions’’ and
‘‘Badger Creek Wilderness—Bonney Butte’’, dated July 16,
2007, which is incorporated in, and considered to be a part
of, the Badger Creek Wilderness, as designated by section 3(3)
of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note;
98 Stat. 273).
(2) BULL OF THE WOODS WILDERNESS ADDITION.—Certain
Federal land managed by the Forest Service, comprising
approximately 10,180 acres, as generally depicted on the map
entitled ‘‘Bull of the Woods Wilderness—Bull of the Woods
Additions’’, dated July 16, 2007, which is incorporated in, and
considered to be a part of, the Bull of the Woods Wilderness,
as designated by section 3(4) of the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
(3) CLACKAMAS WILDERNESS.—Certain Federal land managed by the Forest Service, comprising approximately 9,470
acres, as generally depicted on the maps entitled ‘‘Clackamas
Wilderness—Big Bottom’’, ‘‘Clackamas Wilderness—Clackamas
Canyon’’,
‘‘Clackamas
Wilderness—Memaloose
Lake’’,
‘‘Clackamas Wilderness—Sisi Butte’’, and ‘‘Clackamas Wilderness—South Fork Clackamas’’, dated July 16, 2007, which shall
be known as the ‘‘Clackamas Wilderness’’.
(4) MARK O. HATFIELD WILDERNESS ADDITIONS.—Certain
Federal land managed by the Forest Service, comprising
approximately 25,960 acres, as generally depicted on the maps
entitled ‘‘Mark O. Hatfield Wilderness—Gorge Face’’ and ‘‘Mark
O. Hatfield Wilderness—Larch Mountain’’, dated July 16, 2007,
which is incorporated in, and considered to be a part of, the
Mark O. Hatfield Wilderness, as designated by section 3(1)
of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note;
98 Stat. 273).
(5) MOUNT HOOD WILDERNESS ADDITIONS.—Certain Federal
land managed by the Forest Service, comprising approximately
18,450 acres, as generally depicted on the maps entitled ‘‘Mount
Hood Wilderness—Barlow Butte’’, ‘‘Mount Hood Wilderness—
Elk Cove/Mazama’’, ‘‘Richard L. Kohnstamm Memorial Area’’,
‘‘Mount Hood Wilderness—Sand Canyon’’, ‘‘Mount Hood Wilderness—Sandy Additions’’, ‘‘Mount Hood Wilderness—Twin
Lakes’’, and ‘‘Mount Hood Wilderness—White River’’, dated July
16, 2007, and the map entitled ‘‘Mount Hood Wilderness—
Cloud Cap’’, dated July 20, 2007, which is incorporated in,
and considered to be a part of, the Mount Hood Wilderness,
as designated under section 3(a) of the Wilderness Act (16
U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered
American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92
Stat. 43).
(6) ROARING RIVER WILDERNESS.—Certain Federal land
managed by the Forest Service, comprising approximately
NESS
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123 STAT. 1009
36,550 acres, as generally depicted on the map entitled ‘‘Roaring
River Wilderness—Roaring River Wilderness’’, dated July 16,
2007, which shall be known as the ‘‘Roaring River Wilderness’’.
(7) SALMON-HUCKLEBERRY WILDERNESS ADDITIONS.—Certain Federal land managed by the Forest Service, comprising
approximately 16,620 acres, as generally depicted on the maps
entitled ‘‘Salmon-Huckleberry Wilderness—Alder Creek Addition’’, ‘‘Salmon-Huckleberry Wilderness—Eagle Creek Addition’’, ‘‘Salmon-Huckleberry Wilderness—Hunchback Mountain’’, ‘‘Salmon-Huckleberry Wilderness—Inch Creek’’, ‘‘SalmonHuckleberry Wilderness—Mirror Lake’’, and ‘‘SalmonHuckleberry Wilderness—Salmon River Meadows’’, dated July
16, 2007, which is incorporated in, and considered to be a
part of, the Salmon-Huckleberry Wilderness, as designated by
section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C.
1132 note; 98 Stat. 273).
(8) LOWER WHITE RIVER WILDERNESS.—Certain Federal land
managed by the Forest Service and Bureau of Land Management, comprising approximately 2,870 acres, as generally
depicted on the map entitled ‘‘Lower White River Wilderness—
Lower White River’’, dated July 16, 2007, which shall be known
as the ‘‘Lower White River Wilderness’’.
(b) RICHARD L. KOHNSTAMM MEMORIAL AREA.—Certain Federal
land managed by the Forest Service, as generally depicted on the
map entitled ‘‘Richard L. Kohnstamm Memorial Area’’, dated July
16, 2007, is designated as the ‘‘Richard L. Kohnstamm Memorial
Area’’.
(c) POTENTIAL WILDERNESS AREA; ADDITIONS TO WILDERNESS
AREAS.—
(1) ROARING RIVER POTENTIAL WILDERNESS AREA.—
(A) IN GENERAL.—In furtherance of the purposes of
the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal
land managed by the Forest Service, comprising approximately 900 acres identified as ‘‘Potential Wilderness’’ on
the map entitled ‘‘Roaring River Wilderness’’, dated July
16, 2007, is designated as a potential wilderness area.
(B) MANAGEMENT.—The potential wilderness area designated by subparagraph (A) shall be managed in accordance with section 4 of the Wilderness Act (16 U.S.C. 1133).
(C) DESIGNATION AS WILDERNESS.—On the date on
which the Secretary publishes in the Federal Register
notice that the conditions in the potential wilderness area
designated by subparagraph (A) are compatible with the
Wilderness Act (16 U.S.C. 1131 et seq.), the potential
wilderness shall be—
(i) designated as wilderness and as a component
of the National Wilderness Preservation System; and
(ii) incorporated into the Roaring River Wilderness
designated by subsection (a)(6).
(2) ADDITION TO THE MOUNT HOOD WILDERNESS.—On
completion of the land exchange under section 1206(a)(2), certain Federal land managed by the Forest Service, comprising
approximately 1,710 acres, as generally depicted on the map
entitled ‘‘Mount Hood Wilderness—Tilly Jane’’, dated July 20,
2007, shall be incorporated in, and considered to be a part
of, the Mount Hood Wilderness, as designated under section
3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged
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16 USC 1132
note.
Effective date.
Federal Register,
publication.
Notice.
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PUBLIC LAW 111–11—MAR. 30, 2009
by section 3(d) of the Endangered American Wilderness Act
of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and subsection
(a)(5).
(3) ADDITION TO THE SALMON-HUCKLEBERRY WILDERNESS.—
On acquisition by the United States, the approximately 160
acres of land identified as ‘‘Land to be acquired by USFS’’
on the map entitled ‘‘Hunchback Mountain Land Exchange,
Clackamas County’’, dated June 2006, shall be incorporated
in, and considered to be a part of, the Salmon-Huckleberry
Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and
enlarged by subsection (a)(7).
(d) MAPS AND LEGAL DESCRIPTIONS.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and
a legal description of each wilderness area and potential wilderness area designated by this section, with—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) FORCE OF LAW.—The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the maps and legal descriptions.
(3) PUBLIC AVAILABILITY.—Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest Service
and Bureau of Land Management.
(4) DESCRIPTION OF LAND.—The boundaries of the areas
designated as wilderness by subsection (a) that are immediately
adjacent to a utility right-of-way or a Federal Energy Regulatory Commission project boundary shall be 100 feet from
the boundary of the right-of-way or the project boundary.
(e) ADMINISTRATION.—
(1) IN GENERAL.—Subject to valid existing rights, each area
designated as wilderness by this section shall be administered
by the Secretary that has jurisdiction over the land within
the wilderness, in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that—
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of enactment of this Act; and
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the wilderness.
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—
Any land within the boundary of a wilderness area designated
by this section that is acquired by the United States shall—
(A) become part of the wilderness area in which the
land is located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(f) BUFFER ZONES.—
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123 STAT. 1011
(1) IN GENERAL.—As provided in the Oregon Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328), Congress
does not intend for designation of wilderness areas in the
State under this section to lead to the creation of protective
perimeters or buffer zones around each wilderness area.
(2) ACTIVITIES OR USES UP TO BOUNDARIES.—The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.
(g) FISH AND WILDLIFE.—Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish
and wildlife.
(h) FIRE, INSECTS, AND DISEASES.—As provided in section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness
areas designated by this section, the Secretary that has jurisdiction
over the land within the wilderness (referred to in this subsection
as the ‘‘Secretary’’) may take such measures as are necessary to
control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate.
(i) WITHDRAWAL.—Subject to valid rights in existence on the
date of enactment of this Act, the Federal land designated as
wilderness by this section is withdrawn from all forms of—
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws;
and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
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SEC. 1203. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER
PROTECTION IN THE MOUNT HOOD AREA.
(a) WILD AND SCENIC RIVER DESIGNATIONS, MOUNT HOOD
NATIONAL FOREST.—
(1) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
‘‘(171) SOUTH FORK CLACKAMAS RIVER, OREGON.—The 4.2mile segment of the South Fork Clackamas River from its
confluence with the East Fork of the South Fork Clackamas
to its confluence with the Clackamas River, to be administered
by the Secretary of Agriculture as a wild river.
‘‘(172) EAGLE CREEK, OREGON.—The 8.3-mile segment of
Eagle Creek from its headwaters to the Mount Hood National
Forest boundary, to be administered by the Secretary of Agriculture as a wild river.
‘‘(173) MIDDLE FORK HOOD RIVER.—The 3.7-mile segment
of the Middle Fork Hood River from the confluence of Clear
and Coe Branches to the north section line of section 11, township 1 south, range 9 east, to be administered by the Secretary
of Agriculture as a scenic river.
‘‘(174) SOUTH FORK ROARING RIVER, OREGON.—The 4.6-mile
segment of the South Fork Roaring River from its headwaters
to its confluence with Roaring River, to be administered by
the Secretary of Agriculture as a wild river.
‘‘(175) ZIG ZAG RIVER, OREGON.—The 4.3-mile segment of
the Zig Zag River from its headwaters to the Mount Hood
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Wilderness boundary, to be administered by the Secretary of
Agriculture as a wild river.
‘‘(176) FIFTEENMILE CREEK, OREGON.—
‘‘(A) IN GENERAL.—The 11.1-mile segment of
Fifteenmile Creek from its source at Senecal Spring to
the southern edge of the northwest quarter of the northwest
quarter of section 20, township 2 south, range 12 east,
to be administered by the Secretary of Agriculture in the
following classes:
‘‘(i) The 2.6-mile segment from its source at Senecal
Spring to the Badger Creek Wilderness boundary, as
a wild river.
‘‘(ii) The 0.4-mile segment from the Badger Creek
Wilderness boundary to the point 0.4 miles downstream, as a scenic river.
‘‘(iii) The 7.9-mile segment from the point 0.4 miles
downstream of the Badger Creek Wilderness boundary
to the western edge of section 20, township 2 south,
range 12 east as a wild river.
‘‘(iv) The 0.2-mile segment from the western edge
of section 20, township 2 south, range 12 east, to
the southern edge of the northwest quarter of the
northwest quarter of section 20, township 2 south,
range 12 east as a scenic river.
‘‘(B) INCLUSIONS.—Notwithstanding section 3(b), the
lateral boundaries of both the wild river area and the
scenic river area along Fifteenmile Creek shall include
an average of not more than 640 acres per mile measured
from the ordinary high water mark on both sides of the
river.
‘‘(177) EAST FORK HOOD RIVER, OREGON.—The 13.5-mile
segment of the East Fork Hood River from Oregon State Highway 35 to the Mount Hood National Forest boundary, to be
administered by the Secretary of Agriculture as a recreational
river.
‘‘(178) COLLAWASH RIVER, OREGON.—The 17.8-mile segment
of the Collawash River from the headwaters of the East Fork
Collawash to the confluence of the mainstream of the Collawash
River with the Clackamas River, to be administered by the
Secretary of Agriculture in the following classes:
‘‘(A) The 11.0-mile segment from the headwaters of
the East Fork Collawash River to Buckeye Creek, as a
scenic river.
‘‘(B) The 6.8-mile segment from Buckeye Creek to the
Clackamas River, as a recreational river.
‘‘(179) FISH CREEK, OREGON.—The 13.5-mile segment of
Fish Creek from its headwaters to the confluence with the
Clackamas River, to be administered by the Secretary of Agriculture as a recreational river.’’.
(2) EFFECT.—The amendments made by paragraph (1) do
not affect valid existing water rights.
(b) PROTECTION FOR HOOD RIVER, OREGON.—Section 13(a)(4)
of the ‘‘Columbia River Gorge National Scenic Area Act’’ (16 U.S.C.
544k(a)(4)) is amended by striking ‘‘for a period not to exceed
twenty years from the date of enactment of this Act,’’.
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SEC. 1204. MOUNT HOOD NATIONAL RECREATION AREA.
16 USC 460uuu.
(a) DESIGNATION.—To provide for the protection, preservation,
and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, there is established the Mount
Hood National Recreation Area within the Mount Hood National
Forest.
(b) BOUNDARY.—The Mount Hood National Recreation Area
shall consist of certain Federal land managed by the Forest Service
and Bureau of Land Management, comprising approximately 34,550
acres, as generally depicted on the maps entitled ‘‘National Recreation Areas—Mount Hood NRA’’, ‘‘National Recreation Areas—
Fifteenmile Creek NRA’’, and ‘‘National Recreation Areas—
Shellrock Mountain’’, dated February 2007.
(c) MAP AND LEGAL DESCRIPTION.—
(1) SUBMISSION OF LEGAL DESCRIPTION.—As soon as practicable after the date of enactment of this Act, the Secretary
shall file a map and a legal description of the Mount Hood
National Recreation Area with—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) FORCE OF LAW.—The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and the legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
(d) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall—
(A) administer the Mount Hood National Recreation
Area—
(i) in accordance with the laws (including regulations) and rules applicable to the National Forest
System; and
(ii) consistent with the purposes described in subsection (a); and
(B) only allow uses of the Mount Hood National Recreation Area that are consistent with the purposes described
in subsection (a).
(2) APPLICABLE LAW.—Any portion of a wilderness area
designated by section 1202 that is located within the Mount
Hood National Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(e) TIMBER.—The cutting, sale, or removal of timber within
the Mount Hood National Recreation Area may be permitted—
(1) to the extent necessary to improve the health of the
forest in a manner that—
(A) maximizes the retention of large trees—
(i) as appropriate to the forest type; and
(ii) to the extent that the trees promote stands
that are fire-resilient and healthy;
(B) improves the habitats of threatened, endangered,
or sensitive species; or
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(C) maintains or restores the composition and structure
of the ecosystem by reducing the risk of uncharacteristic
wildfire;
(2) to accomplish an approved management activity in furtherance of the purposes established by this section, if the
cutting, sale, or removal of timber is incidental to the management activity; or
(3) for de minimus personal or administrative use within
the Mount Hood National Recreation Area, where such use
will not impair the purposes established by this section.
(f) ROAD CONSTRUCTION.—No new or temporary roads shall
be constructed or reconstructed within the Mount Hood National
Recreation Area except as necessary—
(1) to protect the health and safety of individuals in cases
of an imminent threat of flood, fire, or any other catastrophic
event that, without intervention, would cause the loss of life
or property;
(2) to conduct environmental cleanup required by the
United States;
(3) to allow for the exercise of reserved or outstanding
rights provided for by a statute or treaty;
(4) to prevent irreparable resource damage by an existing
road; or
(5) to rectify a hazardous road condition.
(g) WITHDRAWAL.—Subject to valid existing rights, all Federal
land within the Mount Hood National Recreation Area is withdrawn
from—
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws;
and
(3) disposition under all laws relating to mineral and geothermal leasing.
(h) TRANSFER OF ADMINISTRATIVE JURISDICTION.—
(1) IN GENERAL.—Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the
Bureau of Land Management to the Forest Service.
(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) is the approximately 130 acres of land administered
by the Bureau of Land Management that is within or adjacent
to the Mount Hood National Recreation Area and that is identified as ‘‘BLM Lands’’ on the map entitled ‘‘National Recreation
Areas—Shellrock Mountain’’, dated February 2007.
SEC. 1205. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM,
AND CULTUS CREEK.
16 USC 539n.
(a) CRYSTAL SPRINGS WATERSHED SPECIAL RESOURCES MANAGEUNIT.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—On completion of the land exchange
under section 1206(a)(2), there shall be established a special resources management unit in the State consisting
of certain Federal land managed by the Forest Service,
as generally depicted on the map entitled ‘‘Crystal Springs
Watershed Special Resources Management Unit’’, dated
June 2006 (referred to in this subsection as the ‘‘map’’),
to be known as the ‘‘Crystal Springs Watershed Special
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Resources Management Unit’’ (referred to in this subsection
as the ‘‘Management Unit’’).
(B) EXCLUSION OF CERTAIN LAND.—The Management
Unit does not include any National Forest System land
otherwise covered by subparagraph (A) that is designated
as wilderness by section 1202.
(C) WITHDRAWAL.—
(i) IN GENERAL.—Subject to valid rights in existence on the date of enactment of this Act, the Federal
land designated as the Management Unit is withdrawn
from all forms of—
(I) entry, appropriation, or disposal under the
public land laws;
(II) location, entry, and patent under the
mining laws; and
(III) disposition under all laws pertaining to
mineral and geothermal leasing or mineral materials.
(ii) EXCEPTION.—Clause (i)(I) does not apply to
the parcel of land generally depicted as ‘‘HES 151’’
on the map.
(2) PURPOSES.—The purposes of the Management Unit
are—
(A) to ensure the protection of the quality and quantity
of the Crystal Springs watershed as a clean drinking water
source for the residents of Hood River County, Oregon;
and
(B) to allow visitors to enjoy the special scenic, natural,
cultural, and wildlife values of the Crystal Springs watershed.
(3) MAP AND LEGAL DESCRIPTION.—
(A) SUBMISSION OF LEGAL DESCRIPTION.—As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and a legal description of the
Management Unit with—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) FORCE OF LAW.—The map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this subtitle, except that the
Secretary may correct typographical errors in the map
and legal description.
(C) PUBLIC AVAILABILITY.—The map and legal description filed under subparagraph (A) shall be on file and
available for public inspection in the appropriate offices
of the Forest Service.
(4) ADMINISTRATION.—
(A) IN GENERAL.—The Secretary shall—
(i) administer the Management Unit—
(I) in accordance with the laws (including regulations) and rules applicable to units of the
National Forest System; and
(II) consistent with the purposes described in
paragraph (2); and
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PUBLIC LAW 111–11—MAR. 30, 2009
(ii) only allow uses of the Management Unit that
are consistent with the purposes described in paragraph (2).
(B) FUEL REDUCTION IN PROXIMITY TO IMPROVEMENTS
AND PRIMARY PUBLIC ROADS.—To protect the water quality,
water quantity, and scenic, cultural, natural, and wildlife
values of the Management Unit, the Secretary may conduct
fuel reduction and forest health management treatments
to maintain and restore fire-resilient forest structures containing late successional forest structure characterized by
large trees and multistoried canopies, as ecologically appropriate, on National Forest System land in the Management
Unit—
(i) in any area located not more than 400 feet
from structures located on—
(I) National Forest System land; or
(II) private land adjacent to National Forest
System land;
(ii) in any area located not more than 400 feet
from the Cooper Spur Road, the Cloud Cap Road, or
the Cooper Spur Ski Area Loop Road; and
(iii) on any other National Forest System land
in the Management Unit, with priority given to activities that restore previously harvested stands, including
the removal of logging slash, smaller diameter material, and ladder fuels.
(5) PROHIBITED ACTIVITIES.—Subject to valid existing
rights, the following activities shall be prohibited on National
Forest System land in the Management Unit:
(A) New road construction or renovation of existing
non-System roads, except as necessary to protect public
health and safety.
(B) Projects undertaken for the purpose of harvesting
commercial timber (other than activities relating to the
harvest of merchantable products that are byproducts of
activities conducted to further the purposes described in
paragraph (2)).
(C) Commercial livestock grazing.
(D) The placement of new fuel storage tanks.
(E) Except to the extent necessary to further the purposes described in paragraph (2), the application of any
toxic chemicals (other than fire retardants), including pesticides, rodenticides, or herbicides.
(6) FOREST ROAD CLOSURES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary may provide for the closure or gating
to the general public of any Forest Service road within
the Management Unit.
(B) EXCEPTION.—Nothing in this subsection requires
the Secretary to close the road commonly known as ‘‘Cloud
Cap Road’’, which shall be administered in accordance with
otherwise applicable law.
(7) PRIVATE LAND.—
(A) EFFECT.—Nothing in this subsection affects the
use of, or access to, any private property within the area
identified on the map as the ‘‘Crystal Springs Zone of
Contribution’’ by—
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(i) the owners of the private property; and
(ii) guests to the private property.
(B) COOPERATION.—The Secretary is encouraged to
work with private landowners who have agreed to cooperate
with the Secretary to further the purposes of this subsection.
(8) ACQUISITION OF LAND.—
(A) IN GENERAL.—The Secretary may acquire from
willing landowners any land located within the area identified on the map as the ‘‘Crystal Springs Zone of Contribution’’.
(B) INCLUSION IN MANAGEMENT UNIT.—On the date
of acquisition, any land acquired under subparagraph (A)
shall be incorporated in, and be managed as part of, the
Management Unit.
(b) PROTECTIONS FOR UPPER BIG BOTTOM AND CULTUS CREEK.—
(1) IN GENERAL.—The Secretary shall manage the Federal
land administered by the Forest Service described in paragraph
(2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.
(2) DESCRIPTION OF LAND.—The Federal land referred to
in paragraph (1) is—
(A) the approximately 1,580 acres, as generally
depicted on the map entitled ‘‘Upper Big Bottom’’, dated
July 16, 2007; and
(B) the approximately 280 acres identified as ‘‘Cultus
Creek’’ on the map entitled ‘‘Clackamas Wilderness—South
Fork Clackamas’’, dated July 16, 2007.
(3) MAPS AND LEGAL DESCRIPTIONS.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file maps
and legal descriptions of the Federal land described in
paragraph (2) with—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) FORCE OF LAW.—The maps and legal descriptions
filed under subparagraph (A) shall have the same force
and effect as if included in this subtitle, except that the
Secretary may correct typographical errors in the maps
and legal descriptions.
(C) PUBLIC AVAILABILITY.—Each map and legal description filed under subparagraph (A) shall be on file and
available for public inspection in the appropriate offices
of the Forest Service.
(4) USE OF LAND.—
(A) IN GENERAL.—Subject to valid existing rights, with
respect to the Federal land described in paragraph (2),
the Secretary shall only allow uses that are consistent
with the purposes identified in paragraph (1).
(B) PROHIBITED USES.—The following shall be prohibited on the Federal land described in paragraph (2):
(i) Permanent roads.
(ii) Commercial enterprises.
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(iii) Except as necessary to meet the minimum
requirements for the administration of the Federal land
and to protect public health and safety—
(I) the use of motor vehicles; or
(II) the establishment of temporary roads.
(5) WITHDRAWAL.—Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from—
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the mining laws;
and
(C) disposition under all laws relating to mineral and
geothermal leasing.
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SEC. 1206. LAND EXCHANGES.
(a) COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.—
(1) DEFINITIONS.—In this subsection:
(A) COUNTY.—The term ‘‘County’’ means Hood River
County, Oregon.
(B) EXCHANGE MAP.—The term ‘‘exchange map’’ means
the map entitled ‘‘Cooper Spur/Government Camp Land
Exchange’’, dated June 2006.
(C) FEDERAL LAND.—The term ‘‘Federal land’’ means
the approximately 120 acres of National Forest System
land in the Mount Hood National Forest in Government
Camp, Clackamas County, Oregon, identified as ‘‘USFS
Land to be Conveyed’’ on the exchange map.
(D) MT. HOOD MEADOWS.—The term ‘‘Mt. Hood
Meadows’’ means the Mt. Hood Meadows Oregon, Limited
Partnership.
(E) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means—
(i) the parcel of approximately 770 acres of private
land at Cooper Spur identified as ‘‘Land to be acquired
by USFS’’ on the exchange map; and
(ii) any buildings, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur
Ski Area covered by an appraisal described in paragraph (2)(D).
(2) COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE.—
(A) CONVEYANCE OF LAND.—Subject to the provisions
of this subsection, if Mt. Hood Meadows offers to convey
to the United States all right, title, and interest of Mt.
Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. Hood Meadows all right, title,
and interest of the United States in and to the Federal
land (other than any easements reserved under subparagraph (G)), subject to valid existing rights.
(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this subsection, the Secretary shall carry
out the land exchange under this subsection in accordance
with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(C) CONDITIONS ON ACCEPTANCE.—
(i) TITLE.—As a condition of the land exchange
under this subsection, title to the non-Federal land
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to be acquired by the Secretary under this subsection
shall be acceptable to the Secretary.
(ii) TERMS AND CONDITIONS.—The conveyance of
the Federal land and non-Federal land shall be subject
to such terms and conditions as the Secretary may
require.
(D) APPRAISALS.—
(i) IN GENERAL.—As soon as practicable after the
date of enactment of this Act, the Secretary and Mt.
Hood Meadows shall select an appraiser to conduct
an appraisal of the Federal land and non-Federal land.
(ii) REQUIREMENTS.—An appraisal under clause (i)
shall be conducted in accordance with nationally recognized appraisal standards, including—
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(II) the Uniform Standards of Professional
Appraisal Practice.
(E) SURVEYS.—
(i) IN GENERAL.—The exact acreage and legal
description of the Federal land and non-Federal land
shall be determined by surveys approved by the Secretary.
(ii) COSTS.—The responsibility for the costs of any
surveys conducted under clause (i), and any other
administrative costs of carrying out the land exchange,
shall be determined by the Secretary and Mt. Hood
Meadows.
(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—
It is the intent of Congress that the land exchange under
this subsection shall be completed not later than 16 months
after the date of enactment of this Act.
(G) RESERVATION OF EASEMENTS.—As a condition of
the conveyance of the Federal land, the Secretary shall
reserve—
(i) a conservation easement to the Federal land
to protect existing wetland, as identified by the Oregon
Department of State Lands, that allows equivalent wetland mitigation measures to compensate for minor wetland encroachments necessary for the orderly development of the Federal land; and
(ii) a trail easement to the Federal land that
allows—
(I) nonmotorized use by the public of existing
trails;
(II) roads, utilities, and infrastructure facilities
to cross the trails; and
(III) improvement or relocation of the trails
to accommodate development of the Federal land.
(b) PORT OF CASCADE LOCKS LAND EXCHANGE.—
(1) DEFINITIONS.—In this subsection:
(A) EXCHANGE MAP.—The term ‘‘exchange map’’ means
the map entitled ‘‘Port of Cascade Locks/Pacific Crest
National Scenic Trail Land Exchange’’, dated June 2006.
(B) FEDERAL LAND.—The term ‘‘Federal land’’ means
the parcel of land consisting of approximately 10 acres
of National Forest System land in the Columbia River
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PUBLIC LAW 111–11—MAR. 30, 2009
Gorge National Scenic Area identified as ‘‘USFS Land to
be conveyed’’ on the exchange map.
(C) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means the parcels of land consisting of approximately 40
acres identified as ‘‘Land to be acquired by USFS’’ on
the exchange map.
(D) PORT.—The term ‘‘Port’’ means the Port of Cascade
Locks, Cascade Locks, Oregon.
(2) LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST
NATIONAL SCENIC TRAIL.—
(A) CONVEYANCE OF LAND.—Subject to the provisions
of this subsection, if the Port offers to convey to the United
States all right, title, and interest of the Port in and
to the non-Federal land, the Secretary shall, subject to
valid existing rights, convey to the Port all right, title,
and interest of the United States in and to the Federal
land.
(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this subsection, the Secretary shall carry
out the land exchange under this subsection in accordance
with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(3) CONDITIONS ON ACCEPTANCE.—
(A) TITLE.—As a condition of the land exchange under
this subsection, title to the non-Federal land to be acquired
by the Secretary under this subsection shall be acceptable
to the Secretary.
(B) TERMS AND CONDITIONS.—The conveyance of the
Federal land and non-Federal land shall be subject to such
terms and conditions as the Secretary may require.
(4) APPRAISALS.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall select an
appraiser to conduct an appraisal of the Federal land and
non-Federal land.
(B) REQUIREMENTS.—An appraisal under subparagraph
(A) shall be conducted in accordance with nationally recognized appraisal standards, including—
(i) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(5) SURVEYS.—
(A) IN GENERAL.—The exact acreage and legal description of the Federal land and non-Federal land shall be
determined by surveys approved by the Secretary.
(B) COSTS.—The responsibility for the costs of any
surveys conducted under subparagraph (A), and any other
administrative costs of carrying out the land exchange,
shall be determined by the Secretary and the Port.
(6) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—It is
the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after
the date of enactment of this Act.
(c) HUNCHBACK MOUNTAIN LAND EXCHANGE AND BOUNDARY
ADJUSTMENT.—
(1) DEFINITIONS.—In this subsection:
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123 STAT. 1021
(A) COUNTY.—The term ‘‘County’’ means Clackamas
County, Oregon.
(B) EXCHANGE MAP.—The term ‘‘exchange map’’ means
the map entitled ‘‘Hunchback Mountain Land Exchange,
Clackamas County’’, dated June 2006.
(C) FEDERAL LAND.—The term ‘‘Federal land’’ means
the parcel of land consisting of approximately 160 acres
of National Forest System land in the Mount Hood National
Forest identified as ‘‘USFS Land to be Conveyed’’ on the
exchange map.
(D) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means the parcel of land consisting of approximately 160
acres identified as ‘‘Land to be acquired by USFS’’ on
the exchange map.
(2) HUNCHBACK MOUNTAIN LAND EXCHANGE.—
(A) CONVEYANCE OF LAND.—Subject to the provisions
of this paragraph, if the County offers to convey to the
United States all right, title, and interest of the County
in and to the non-Federal land, the Secretary shall, subject
to valid existing rights, convey to the County all right,
title, and interest of the United States in and to the Federal
land.
(B) COMPLIANCE WITH EXISTING LAW.—Except as otherwise provided in this paragraph, the Secretary shall carry
out the land exchange under this paragraph in accordance
with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(C) CONDITIONS ON ACCEPTANCE.—
(i) TITLE.—As a condition of the land exchange
under this paragraph, title to the non-Federal land
to be acquired by the Secretary under this paragraph
shall be acceptable to the Secretary.
(ii) TERMS AND CONDITIONS.—The conveyance of
the Federal land and non-Federal land shall be subject
to such terms and conditions as the Secretary may
require.
(D) APPRAISALS.—
(i) IN GENERAL.—As soon as practicable after the
date of enactment of this Act, the Secretary shall select
an appraiser to conduct an appraisal of the Federal
land and non-Federal land.
(ii) REQUIREMENTS.—An appraisal under clause (i)
shall be conducted in accordance with nationally recognized appraisal standards, including—
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(II) the Uniform Standards of Professional
Appraisal Practice.
(E) SURVEYS.—
(i) IN GENERAL.—The exact acreage and legal
description of the Federal land and non-Federal land
shall be determined by surveys approved by the Secretary.
(ii) COSTS.—The responsibility for the costs of any
surveys conducted under clause (i), and any other
administrative costs of carrying out the land exchange,
shall be determined by the Secretary and the County.
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123 STAT. 1022
PUBLIC LAW 111–11—MAR. 30, 2009
(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE.—
It is the intent of Congress that the land exchange under
this paragraph shall be completed not later than 16 months
after the date of enactment of this Act.
(3) BOUNDARY ADJUSTMENT.—
(A) IN GENERAL.—The boundary of the Mount Hood
National Forest shall be adjusted to incorporate—
(i) any land conveyed to the United States under
paragraph (2); and
(ii) the land transferred to the Forest Service by
section 1204(h)(1).
(B) ADDITIONS TO THE NATIONAL FOREST SYSTEM.—The
Secretary shall administer the land described in subparagraph (A)—
(i) in accordance with—
(I) the Act of March 1, 1911 (commonly known
as the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and
(II) any laws (including regulations) applicable
to the National Forest System; and
(ii) subject to sections 1202(c)(3) and 1204(d), as
applicable.
(C) LAND AND WATER CONSERVATION FUND.—For the
purposes of section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries of
the Mount Hood National Forest modified by this paragraph shall be considered to be the boundaries of the
Mount Hood National Forest in existence as of January
1, 1965.
(d) CONDITIONS ON DEVELOPMENT OF FEDERAL LAND.—
(1) REQUIREMENTS APPLICABLE TO THE CONVEYANCE OF FEDERAL LAND.—
(A) IN GENERAL.—As a condition of each of the conveyances of Federal land under this section, the Secretary
shall include in the deed of conveyance a requirement
that applicable construction activities and alterations shall
be conducted in accordance with—
(i) nationally recognized building and property
maintenance codes; and
(ii) nationally recognized codes for development
in the wildland-urban interface and wildfire hazard
mitigation.
(B) APPLICABLE LAW.—To the maximum extent practicable, the codes required under subparagraph (A) shall
be consistent with the nationally recognized codes adopted
or referenced by the State or political subdivisions of the
State.
(C) ENFORCEMENT.—The requirements under subparagraph (A) may be enforced by the same entities otherwise
enforcing codes, ordinances, and standards.
(2) COMPLIANCE WITH CODES ON FEDERAL LAND.—The Secretary shall ensure that applicable construction activities and
alterations undertaken or permitted by the Secretary on
National Forest System land in the Mount Hood National
Forest are conducted in accordance with—
(A) nationally recognized building and property maintenance codes; and
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(B) nationally recognized codes for development in the
wildland-urban interface development and wildfire hazard
mitigation.
(3) EFFECT ON ENFORCEMENT BY STATES AND POLITICAL
SUBDIVISIONS.—Nothing in this subsection alters or limits the
power of the State or a political subdivision of the State to
implement or enforce any law (including regulations), rule,
or standard relating to development or fire prevention and
control.
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SEC. 1207. TRIBAL PROVISIONS; PLANNING AND STUDIES.
(a) TRANSPORTATION PLAN.—
(1) IN GENERAL.—The Secretary shall seek to participate
in the development of an integrated, multimodal transportation
plan developed by the Oregon Department of Transportation
for the Mount Hood region to achieve comprehensive solutions
to transportation challenges in the Mount Hood region—
(A) to promote appropriate economic development;
(B) to preserve the landscape of the Mount Hood region;
and
(C) to enhance public safety.
(2) ISSUES TO BE ADDRESSED.—In participating in the
development of the transportation plan under paragraph (1),
the Secretary shall seek to address—
(A) transportation alternatives between and among
recreation areas and gateway communities that are located
within the Mount Hood region;
(B) establishing park-and-ride facilities that shall be
located at gateway communities;
(C) establishing intermodal transportation centers to
link public transportation, parking, and recreation destinations;
(D) creating a new interchange on Oregon State Highway 26 located adjacent to or within Government Camp;
(E) designating, maintaining, and improving alternative routes using Forest Service or State roads for—
(i) providing emergency routes; or
(ii) improving access to, and travel within, the
Mount Hood region;
(F) the feasibility of establishing—
(i) a gondola connection that—
(I) connects Timberline Lodge to Government
Camp; and
(II) is located in close proximity to the site
of the historic gondola corridor; and
(ii) an intermodal transportation center to be
located in close proximity to Government Camp;
(G) burying power lines located in, or adjacent to,
the Mount Hood National Forest along Interstate 84 near
the City of Cascade Locks, Oregon; and
(H) creating mechanisms for funding the implementation of the transportation plan under paragraph (1),
including—
(i) funds provided by the Federal Government;
(ii) public-private partnerships;
(iii) incremental tax financing; and
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(iv) other financing tools that link transportation
infrastructure improvements with development.
(b) MOUNT HOOD NATIONAL FOREST STEWARDSHIP STRATEGY.—
(1) IN GENERAL.—The Secretary shall prepare a report on,
and implementation schedule for, the vegetation management
strategy (including recommendations for biomass utilization)
for the Mount Hood National Forest being developed by the
Forest Service.
(2) SUBMISSION TO CONGRESS.—
(A) REPORT.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit the
report to—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) IMPLEMENTATION SCHEDULE.—Not later than 1 year
after the date on which the vegetation management
strategy referred to in paragraph (1) is completed, the
Secretary shall submit the implementation schedule to—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(c) LOCAL AND TRIBAL RELATIONSHIPS.—
(1) MANAGEMENT PLAN.—
(A) IN GENERAL.—The Secretary, in consultation with
Indian tribes with treaty-reserved gathering rights on land
encompassed by the Mount Hood National Forest and in
a manner consistent with the memorandum of understanding entered into between the Department of Agriculture, the Bureau of Land Management, the Bureau of
Indian Affairs, and the Confederated Tribes and Bands
of the Warm Springs Reservation of Oregon, dated April
25, 2003, as modified, shall develop and implement a
management plan that meets the cultural foods obligations
of the United States under applicable treaties, including
the Treaty with the Tribes and Bands of Middle Oregon
of June 25, 1855 (12 Stat. 963).
(B) EFFECT.—This paragraph shall be considered to
be consistent with, and is intended to help implement,
the gathering rights reserved by the treaty described in
subparagraph (A).
(2) SAVINGS PROVISIONS REGARDING RELATIONS WITH INDIAN
TRIBES.—
(A) TREATY RIGHTS.—Nothing in this subtitle alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian tribe, including the off-reservation
reserved rights secured by the Treaty with the Tribes and
Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
(B) TRIBAL LAND.—Nothing in this subtitle affects land
held in trust by the Secretary of the Interior for Indian
tribes or individual members of Indian tribes or other
land acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of
Indian tribes and individual members of Indian tribes.
(d) RECREATIONAL USES.—
Reports.
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(1) MOUNT HOOD NATIONAL FOREST RECREATIONAL WORKING
GROUP.—The Secretary may establish a working group for the
purpose of providing advice and recommendations to the Forest
Service on planning and implementing recreation enhancements in the Mount Hood National Forest.
(2) CONSIDERATION OF CONVERSION OF FOREST ROADS TO
RECREATIONAL USES.—In considering a Forest Service road in
the Mount Hood National Forest for possible closure and
decommissioning after the date of enactment of this Act, the
Secretary, in accordance with applicable law, shall consider,
as an alternative to decommissioning the road, converting the
road to recreational uses to enhance recreational opportunities
in the Mount Hood National Forest.
(3) IMPROVED TRAIL ACCESS FOR PERSONS WITH DISABILITIES.—The Secretary, in consultation with the public, may
design and construct a trail at a location selected by the Secretary in Mount Hood National Forest suitable for use by
persons with disabilities.
Subtitle D—Copper Salmon Wilderness,
Oregon
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SEC. 1301. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) DESIGNATION.—Section 3 of the Oregon Wilderness Act of
1984 (16 U.S.C. 1132 note; Public Law 98–328) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘eight
hundred fifty-nine thousand six hundred acres’’ and inserting
‘‘873,300 acres’’;
(2) in paragraph (29), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(30) certain land in the Siskiyou National Forest, comprising approximately 13,700 acres, as generally depicted on
the map entitled ‘Proposed Copper Salmon Wilderness Area’
and dated December 7, 2007, to be known as the ‘Copper
Salmon Wilderness’.’’.
(b) MAPS AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary of Agriculture (referred
to in this subtitle as the ‘‘Secretary’’) shall file a map and
a legal description of the Copper Salmon Wilderness with—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) FORCE OF LAW.—The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and legal description.
(3) BOUNDARY.—If the boundary of the Copper Salmon
Wilderness shares a border with a road, the Secretary may
only establish an offset that is not more than 150 feet from
the centerline of the road.
(4) PUBLIC AVAILABILITY.—Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
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PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 1302. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER,
OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(76)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘19-mile segment’’ and inserting ‘‘29-mile segment’’;
(2) in subparagraph (A), by striking ‘‘; and’’ and inserting
a period; and
(3) by striking subparagraph (B) and inserting the following:
‘‘(B)(i) The approximately 0.6-mile segment of the
North Fork Elk from its source in sec. 21, T. 33 S., R.
12 W., Willamette Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a scenic river.
‘‘(ii) The approximately 5.5-mile segment of the North
Fork Elk from 0.01 miles below Forest Service Road 3353
to its confluence with the South Fork Elk, as a wild river.
‘‘(C)(i) The approximately 0.9-mile segment of the
South Fork Elk from its source in the southeast quarter
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as
a scenic river.
‘‘(ii) The approximately 4.2-mile segment of the South
Fork Elk from 0.01 miles below Forest Service Road 3353
to its confluence with the North Fork Elk, as a wild river.’’.
SEC. 1303. PROTECTION OF TRIBAL RIGHTS.
(a) IN GENERAL.—Nothing in this subtitle shall be construed
as diminishing any right of any Indian tribe.
(b) MEMORANDUM OF UNDERSTANDING.—The Secretary shall
seek to enter into a memorandum of understanding with the
Coquille Indian Tribe regarding access to the Copper Salmon
Wilderness to conduct historical and cultural activities.
16 USC 1274
note.
Subtitle E—Cascade-Siskiyou National
Monument, Oregon
16 USC 431 note.
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SEC. 1401. DEFINITIONS.
In this subtitle:
(1) BOX R RANCH LAND EXCHANGE MAP.—The term ‘‘Box
R Ranch land exchange map’’ means the map entitled ‘‘Proposed
Rowlett Land Exchange’’ and dated June 13, 2006.
(2) BUREAU OF LAND MANAGEMENT LAND.—The term
‘‘Bureau of Land Management land’’ means the approximately
40 acres of land administered by the Bureau of Land Management identified as ‘‘Rowlett Selected’’, as generally depicted
on the Box R Ranch land exchange map.
(3) DEERFIELD LAND EXCHANGE MAP.—The term ‘‘Deerfield
land exchange map’’ means the map entitled ‘‘Proposed Deerfield-BLM Property Line Adjustment’’ and dated May 1, 2008.
(4) DEERFIELD PARCEL.—The term ‘‘Deerfield parcel’’ means
the approximately 1.5 acres of land identified as ‘‘From Deerfield to BLM’’, as generally depicted on the Deerfield land
exchange map.
(5) FEDERAL PARCEL.—The term ‘‘Federal parcel’’ means
the approximately 1.3 acres of land administered by the Bureau
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of Land Management identified as ‘‘From BLM to Deerfield’’,
as generally depicted on the Deerfield land exchange map.
(6) GRAZING ALLOTMENT.—The term ‘‘grazing allotment’’
means any of the Box R, Buck Lake, Buck Mountain, Buck
Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood,
Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek,
North Cove Creek, and Soda Mountain grazing allotments in
the State.
(7) GRAZING LEASE.—The term ‘‘grazing lease’’ means any
document authorizing the use of a grazing allotment for the
purpose of grazing livestock for commercial purposes.
(8) LANDOWNER.—The term ‘‘Landowner’’ means the owner
of the Box R Ranch in the State.
(9) LESSEE.—The term ‘‘lessee’’ means a livestock operator
that holds a valid existing grazing lease for a grazing allotment.
(10) LIVESTOCK.—The term ‘‘livestock’’ does not include
beasts of burden used for recreational purposes.
(11) MONUMENT.—The term ‘‘Monument’’ means the Cascade-Siskiyou National Monument in the State.
(12) ROWLETT PARCEL.—The term ‘‘Rowlett parcel’’ means
the parcel of approximately 40 acres of private land identified
as ‘‘Rowlett Offered’’, as generally depicted on the Box R Ranch
land exchange map.
(13) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(14) STATE.—The term ‘‘State’’ means the State of Oregon.
(15) WILDERNESS.—The term ‘‘Wilderness’’ means the Soda
Mountain Wilderness designated by section 1405(a).
(16) WILDERNESS MAP.—The term ‘‘wilderness map’’ means
the map entitled ‘‘Soda Mountain Wilderness’’ and dated May
5, 2008.
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SEC. 1402. VOLUNTARY GRAZING LEASE DONATION PROGRAM.
(a) EXISTING GRAZING LEASES.—
(1) DONATION OF LEASE.—
(A) ACCEPTANCE BY SECRETARY.—The Secretary shall
accept any grazing lease that is donated by a lessee.
(B) TERMINATION.—The Secretary shall terminate any
grazing lease acquired under subparagraph (A).
(C) NO NEW GRAZING LEASE.—Except as provided in
paragraph (3), with respect to each grazing lease donated
under subparagraph (A), the Secretary shall—
(i) not issue any new grazing lease within the
grazing allotment covered by the grazing lease; and
(ii) ensure a permanent end to livestock grazing
on the grazing allotment covered by the grazing lease.
(2) DONATION OF PORTION OF GRAZING LEASE.—
(A) IN GENERAL.—A lessee with a grazing lease for
a grazing allotment partially within the Monument may
elect to donate only that portion of the grazing lease that
is within the Monument.
(B) ACCEPTANCE BY SECRETARY.—The Secretary shall
accept the portion of a grazing lease that is donated under
subparagraph (A).
(C) MODIFICATION OF LEASE.—Except as provided in
paragraph (3), if a lessee donates a portion of a grazing
lease under subparagraph (A), the Secretary shall—
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(i) reduce the authorized grazing level and area
to reflect the donation; and
(ii) modify the grazing lease to reflect the reduced
level and area of use.
(D) AUTHORIZED LEVEL.—To ensure that there is a
permanent reduction in the level and area of livestock
grazing on the land covered by a portion of a grazing
lease donated under subparagraph (A), the Secretary shall
not allow grazing to exceed the authorized level and area
established under subparagraph (C).
(3) COMMON ALLOTMENTS.—
(A) IN GENERAL.—If a grazing allotment covered by
a grazing lease or portion of a grazing lease that is donated
under paragraph (1) or (2) also is covered by another
grazing lease that is not donated, the Secretary shall reduce
the grazing level on the grazing allotment to reflect the
donation.
(B) AUTHORIZED LEVEL.—To ensure that there is a
permanent reduction in the level of livestock grazing on
the land covered by the grazing lease or portion of a grazing
lease donated under paragraph (1) or (2), the Secretary
shall not allow grazing to exceed the level established
under subparagraph (A).
(b) LIMITATIONS.—The Secretary—
(1) with respect to the Agate, Emigrant Creek, and Siskiyou
allotments in and near the Monument—
(A) shall not issue any grazing lease; and
(B) shall ensure a permanent end to livestock grazing
on each allotment; and
(2) shall not establish any new allotments for livestock
grazing that include any Monument land (whether leased or
not leased for grazing on the date of enactment of this Act).
(c) EFFECT OF DONATION.—A lessee who donates a grazing
lease or a portion of a grazing lease under this section shall be
considered to have waived any claim to any range improvement
on the associated grazing allotment or portion of the associated
grazing allotment, as applicable.
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SEC. 1403. BOX R RANCH LAND EXCHANGE.
(a) IN GENERAL.—For the purpose of protecting and consolidating Federal land within the Monument, the Secretary—
(1) may offer to convey to the Landowner the Bureau
of Land Management land in exchange for the Rowlett parcel;
and
(2) if the Landowner accepts the offer—
(A) the Secretary shall convey to the Landowner all
right, title, and interest of the United States in and to
the Bureau of Land Management land; and
(B) the Landowner shall convey to the Secretary all
right, title, and interest of the Landowner in and to the
Rowlett parcel.
(b) SURVEYS.—
(1) IN GENERAL.—The exact acreage and legal description
of the Bureau of Land Management land and the Rowlett
parcel shall be determined by surveys approved by the Secretary.
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(2) COSTS.—The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined
by the Secretary and the Landowner.
(c) CONDITIONS.—The conveyance of the Bureau of Land
Management land and the Rowlett parcel under this section shall
be subject to—
(1) valid existing rights;
(2) title to the Rowlett parcel being acceptable to the Secretary and in conformance with the title approval standards
applicable to Federal land acquisitions;
(3) such terms and conditions as the Secretary may require;
and
(4) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) APPRAISALS.—
(1) IN GENERAL.—The Bureau of Land Management land
and the Rowlett parcel shall be appraised by an independent
appraiser selected by the Secretary.
(2) REQUIREMENTS.—An appraisal conducted under paragraph (1) shall be conducted in accordance with—
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) APPROVAL.—The appraisals conducted under this subsection shall be submitted to the Secretary for approval.
(e) GRAZING ALLOTMENT.—As a condition of the land exchange
authorized under this section, the lessee of the grazing lease for
the Box R grazing allotment shall donate the Box R grazing lease
in accordance with section 1402(a)(1).
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SEC. 1404. DEERFIELD LAND EXCHANGE.
(a) IN GENERAL.—For the purpose of protecting and consolidating Federal land within the Monument, the Secretary—
(1) may offer to convey to Deerfield Learning Associates
the Federal parcel in exchange for the Deerfield parcel; and
(2) if Deerfield Learning Associates accepts the offer—
(A) the Secretary shall convey to Deerfield Learning
Associates all right, title, and interest of the United States
in and to the Federal parcel; and
(B) Deerfield Learning Associates shall convey to the
Secretary all right, title, and interest of Deerfield Learning
Associates in and to the Deerfield parcel.
(b) SURVEYS.—
(1) IN GENERAL.—The exact acreage and legal description
of the Federal parcel and the Deerfield parcel shall be determined by surveys approved by the Secretary.
(2) COSTS.—The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined
by the Secretary and Deerfield Learning Associates.
(c) CONDITIONS.—
(1) IN GENERAL.—The conveyance of the Federal parcel
and the Deerfield parcel under this section shall be subject
to—
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(A) valid existing rights;
(B) title to the Deerfield parcel being acceptable to
the Secretary and in conformance with the title approval
standards applicable to Federal land acquisitions;
(C) such terms and conditions as the Secretary may
require; and
(D) except as otherwise provided in this section, any
laws (including regulations) applicable to the conveyance
and acquisition of land by the Bureau of Land Management.
(d) APPRAISALS.—
(1) IN GENERAL.—The Federal parcel and the Deerfield
parcel shall be appraised by an independent appraiser selected
by the Secretary.
(2) REQUIREMENTS.—An appraisal conducted under paragraph (1) shall be conducted in accordance with—
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) APPROVAL.—The appraisals conducted under this subsection shall be submitted to the Secretary for approval.
SEC. 1405. SODA MOUNTAIN WILDERNESS.
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(a) DESIGNATION.—In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), approximately 24,100 acres of Monument
land, as generally depicted on the wilderness map, is designated
as wilderness and as a component of the National Wilderness
Preservation System, to be known as the ‘‘Soda Mountain Wilderness’’.
(b) MAP AND LEGAL DESCRIPTION.—
(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION.—As soon
as practicable after the date of enactment of this Act, the
Secretary shall file a map and legal description of the Wilderness with—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) FORCE AND EFFECT.—
(A) IN GENERAL.—The map and legal description filed
under paragraph (1) shall have the same force and effect
as if included in this subtitle, except that the Secretary
may correct any clerical or typographical error in the map
or legal description.
(B) NOTIFICATION.—The Secretary shall submit to Congress notice of any changes made in the map or legal
description under subparagraph (A), including notice of
the reason for the change.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) ADMINISTRATION OF WILDERNESS.—
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(1) IN GENERAL.—Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that—
(A) any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a
reference to the date of enactment of this Act; and
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
(2) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES.—
Except as provided by Presidential Proclamation Number 7318,
dated June 9, 2000 (65 Fed. Reg. 37247), within the wilderness
areas designated by this subtitle, the Secretary may take such
measures in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire,
insects, and diseases, subject to such terms and conditions
as the Secretary determines to be desirable and appropriate.
(3) LIVESTOCK.—Except as provided in section 1402 and
by Presidential Proclamation Number 7318, dated June 9, 2000
(65 Fed. Reg. 37247), the grazing of livestock in the Wilderness,
if established before the date of enactment of this Act, shall
be permitted to continue subject to such reasonable regulations
as are considered necessary by the Secretary in accordance
with—
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101–405).
(4) FISH AND WILDLIFE MANAGEMENT.—In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this subtitle affects the jurisdiction of the State
with respect to fish and wildlife on public land in the State.
(5) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—
Any land or interest in land within the boundary of the Wilderness that is acquired by the United States shall—
(A) become part of the Wilderness; and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
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SEC. 1406. EFFECT.
Nothing in this subtitle—
(1) affects the authority of a Federal agency to modify
or terminate grazing permits or leases, except as provided
in section 1402;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease
on Federal land;
(4) establishes a precedent for future grazing permit or
lease donation programs; or
(5) affects the allocation, ownership, interest, or control,
in existence on the date of enactment of this Act, of any water,
water right, or any other valid existing right held by the United
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States, an Indian tribe, a State, or a private individual, partnership, or corporation.
Subtitle F—Owyhee Public Land
Management
Idaho.
SEC. 1501. DEFINITIONS.
In this subtitle:
(1) ACCOUNT.—The term ‘‘account’’ means the Owyhee Land
Acquisition Account established by section 1505(b)(1).
(2) COUNTY.—The term ‘‘County’’ means Owyhee County,
Idaho.
(3) OWYHEE FRONT.—The term ‘‘Owyhee Front’’ means the
area of the County from Jump Creek on the west to Mud
Flat Road on the east and draining north from the crest of
the Silver City Range to the Snake River.
(4) PLAN.—The term ‘‘plan’’ means a travel management
plan for motorized and mechanized off-highway vehicle recreation prepared under section 1507.
(5) PUBLIC LAND.—The term ‘‘public land’’ has the meaning
given the term in section 103(e) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(e)).
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(7) STATE.—The term ‘‘State’’ means the State of Idaho.
(8) TRIBES.—The term ‘‘Tribes’’ means the Shoshone Paiute
Tribes of the Duck Valley Reservation.
SEC. 1502. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) ESTABLISHMENT.—The Secretary, in coordination with the
Tribes, State, and County, and in consultation with the University
of Idaho, Federal grazing permittees, and public, shall establish
the Owyhee Science Review and Conservation Center in the County
to conduct research projects to address natural resources management issues affecting public and private rangeland in the County.
(b) PURPOSE.—The purpose of the center established under
subsection (a) shall be to facilitate the collection and analysis of
information to provide Federal and State agencies, the Tribes, the
County, private landowners, and the public with information on
improved rangeland management.
SEC. 1503. WILDERNESS AREAS.
(a) WILDERNESS AREAS DESIGNATION.—
(1) IN GENERAL.—In accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) BIG JACKS CREEK WILDERNESS.—Certain land comprising approximately 52,826 acres, as generally depicted
on the map entitled ‘‘Little Jacks Creek and Big Jacks
Creek Wilderness’’ and dated May 5, 2008, which shall
be known as the ‘‘Big Jacks Creek Wilderness’’.
(B) BRUNEAU-JARBIDGE RIVERS WILDERNESS.—Certain
land comprising approximately 89,996 acres, as generally
depicted on the map entitled ‘‘Bruneau-Jarbidge Rivers
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Wilderness’’ and dated December 15, 2008, which shall
be known as the ‘‘Bruneau-Jarbidge Rivers Wilderness’’.
(C) LITTLE JACKS CREEK WILDERNESS.—Certain land
comprising approximately 50,929 acres, as generally
depicted on the map entitled ‘‘Little Jacks Creek and Big
Jacks Creek Wilderness’’ and dated May 5, 2008, which
shall be known as the ‘‘Little Jacks Creek Wilderness’’.
(D) NORTH FORK OWYHEE WILDERNESS.—Certain land
comprising approximately 43,413 acres, as generally
depicted on the map entitled ‘‘North Fork Owyhee and
Pole Creek Wilderness’’ and dated May 5, 2008, which
shall be known as the ‘‘North Fork Owyhee Wilderness’’.
(E) OWYHEE RIVER WILDERNESS.—Certain land comprising approximately 267,328 acres, as generally depicted
on the map entitled ‘‘Owyhee River Wilderness’’ and dated
May 5, 2008, which shall be known as the ‘‘Owyhee River
Wilderness’’.
(F) POLE CREEK WILDERNESS.—Certain land comprising
approximately 12,533 acres, as generally depicted on the
map entitled ‘‘North Fork Owyhee and Pole Creek Wilderness’’ and dated May 5, 2008, which shall be known as
the ‘‘Pole Creek Wilderness’’.
(2) MAPS AND LEGAL DESCRIPTIONS.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives a map and legal description for
each area designated as wilderness by this subtitle.
(B) EFFECT.—Each map and legal description submitted under subparagraph (A) shall have the same force
and effect as if included in this subtitle, except that the
Secretary may correct minor errors in the map or legal
description.
(C) AVAILABILITY.—Each map and legal description
submitted under subparagraph (A) shall be available in
the appropriate offices of the Bureau of Land Management.
(3) RELEASE OF WILDERNESS STUDY AREAS.—
(A) IN GENERAL.—Congress finds that, for the purposes
of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land in
the County administered by the Bureau of Land Management has been adequately studied for wilderness designation.
(B) RELEASE.—Any public land referred to in subparagraph (A) that is not designated as wilderness by this
subtitle—
(i) is no longer subject to section 603(c) of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)); and
(ii) shall be managed in accordance with the
applicable land use plan adopted under section 202
of that Act (43 U.S.C. 1712).
(b) ADMINISTRATION.—
(1) IN GENERAL.—Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered
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by the Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that—
(A) any reference in that Act to the effective date
shall be considered to be a reference to the date of enactment of this Act; and
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.
(2) WITHDRAWAL.—Subject to valid existing rights, the Federal land designated as wilderness by this subtitle is withdrawn
from all forms of—
(A) entry, appropriation, or disposal under the public
land laws;
(B) location, entry, and patent under the mining laws;
and
(C) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(3) LIVESTOCK.—
(A) IN GENERAL.—In the wilderness areas designated
by this subtitle, the grazing of livestock in areas in which
grazing is established as of the date of enactment of this
Act shall be allowed to continue, subject to such reasonable
regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines
described in Appendix A of House Report 101–405.
(B) INVENTORY.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall conduct an
inventory of existing facilities and improvements associated
with grazing activities in the wilderness areas and wild
and scenic rivers designated by this subtitle.
(C) FENCING.—The Secretary may construct and maintain fencing around wilderness areas designated by this
subtitle as the Secretary determines to be appropriate to
enhance wilderness values.
(D) DONATION OF GRAZING PERMITS OR LEASES.—
(i) ACCEPTANCE BY SECRETARY.—The Secretary
shall accept the donation of any valid existing permits
or leases authorizing grazing on public land, all or
a portion of which is within the wilderness areas designated by this subtitle.
(ii) TERMINATION.—With respect to each permit
or lease donated under clause (i), the Secretary shall—
(I) terminate the grazing permit or lease; and
(II) except as provided in clause (iii), ensure
a permanent end to grazing on the land covered
by the permit or lease.
(iii) COMMON ALLOTMENTS.—
(I) IN GENERAL.—If the land covered by a
permit or lease donated under clause (i) is also
covered by another valid existing permit or lease
that is not donated under clause (i), the Secretary
shall reduce the authorized grazing level on the
land covered by the permit or lease to reflect the
donation of the permit or lease under clause (i).
(II) AUTHORIZED LEVEL.—To ensure that there
is a permanent reduction in the level of grazing
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123 STAT. 1035
on the land covered by a permit or lease donated
under clause (i), the Secretary shall not allow
grazing use to exceed the authorized level established under subclause (I).
(iv) PARTIAL DONATION.—
(I) IN GENERAL.—If a person holding a valid
grazing permit or lease donates less than the full
amount of grazing use authorized under the permit
or lease, the Secretary shall—
(aa) reduce the authorized grazing level
to reflect the donation; and
(bb) modify the permit or lease to reflect
the revised level of use.
(II) AUTHORIZED LEVEL.—To ensure that there
is a permanent reduction in the authorized level
of grazing on the land covered by a permit or
lease donated under subclause (I), the Secretary
shall not allow grazing use to exceed the authorized level established under that subclause.
(4) ACQUISITION OF LAND AND INTERESTS IN LAND.—
(A) IN GENERAL.—Consistent with applicable law, the
Secretary may acquire land or interests in land within
the boundaries of the wilderness areas designated by this
subtitle by purchase, donation, or exchange.
(B) INCORPORATION OF ACQUIRED LAND.—Any land or
interest in land in, or adjoining the boundary of, a wilderness area designated by this subtitle that is acquired by
the United States shall be added to, and administered
as part of, the wilderness area in which the acquired land
or interest in land is located.
(5) TRAIL PLAN.—
(A) IN GENERAL.—The Secretary, after providing
opportunities for public comment, shall establish a trail
plan that addresses hiking and equestrian trails on the
land designated as wilderness by this subtitle, in a manner
consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.).
(B) REPORT.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report that describes the implementation of
the trail plan.
(6) OUTFITTING AND GUIDE ACTIVITIES.—Consistent with
section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)),
commercial services (including authorized outfitting and guide
activities) are authorized in wilderness areas designated by
this subtitle to the extent necessary for activities that fulfill
the recreational or other wilderness purposes of the areas.
(7) ACCESS TO PRIVATE PROPERTY.—In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the
boundary of a wilderness area designated by this subtitle adequate access to the property.
(8) FISH AND WILDLIFE.—
(A) IN GENERAL.—Nothing in this subtitle affects the
jurisdiction of the State with respect to fish and wildlife
on public land in the State.
(B) MANAGEMENT ACTIVITIES.—
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123 STAT. 1036
PUBLIC LAW 111–11—MAR. 30, 2009
(i) IN GENERAL.—In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131
et seq.), the Secretary may conduct any management
activities that are necessary to maintain or restore
fish and wildlife populations and habitats in the wilderness areas designated by this subtitle, if the management activities are—
(I) consistent with relevant wilderness
management plans; and
(II) conducted in accordance with appropriate
policies, such as the policies established in
Appendix B of House Report 101–405.
(ii) INCLUSIONS.—Management activities under
clause (i) may include the occasional and temporary
use of motorized vehicles, if the use, as determined
by the Secretary, would promote healthy, viable, and
more naturally distributed wildlife populations that
would enhance wilderness values while causing the
minimum impact necessary to accomplish those tasks.
(C) EXISTING ACTIVITIES.—Consistent with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
in accordance with appropriate policies, such as those
established in Appendix B of House Report 101–405, the
State may use aircraft (including helicopters) in the wilderness areas designated by this subtitle to survey, capture,
transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, feral
horses, and feral burros.
(9) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.—Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take any measures that the
Secretary determines to be necessary to control fire, insects,
and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or
local agency.
(10) ADJACENT MANAGEMENT.—
(A) IN GENERAL.—The designation of a wilderness area
by this subtitle shall not create any protective perimeter
or buffer zone around the wilderness area.
(B) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness activities or uses can be seen or heard from
areas within a wilderness area designated by this subtitle
shall not preclude the conduct of those activities or uses
outside the boundary of the wilderness area.
(11) MILITARY OVERFLIGHTS.—Nothing in this subtitle
restricts or precludes—
(A) low-level overflights of military aircraft over the
areas designated as wilderness by this subtitle, including
military overflights that can be seen or heard within the
wilderness areas;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special
use airspace, or the establishment of military flight training
routes, over the wilderness areas.
(12) WATER RIGHTS.—
(A) IN GENERAL.—The designation of areas as wilderness by subsection (a) shall not create an express or implied
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reservation by the United States of any water or water
rights for wilderness purposes with respect to such areas.
(B) EXCLUSIONS.—This paragraph does not apply to
any components of the National Wild and Scenic Rivers
System designated by section 1504.
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SEC. 1504. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1203(a)(1)) is
amended by adding at the end the following:
‘‘(180) BATTLE CREEK, IDAHO.—The 23.4 miles of Battle
Creek from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered
by the Secretary of the Interior as a wild river.
‘‘(181) BIG JACKS CREEK, IDAHO.—The 35.0 miles of Big
Jacks Creek from the downstream border of the Big Jacks
Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point
at which it enters the NW 1⁄4 of sec. 26, T. 10 S., R. 2 E.,
Boise Meridian, to be administered by the Secretary of the
Interior as a wild river.
‘‘(182) BRUNEAU RIVER, IDAHO.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the 39.3-mile segment of the Bruneau River from the
downstream boundary of the Bruneau-Jarbidge Wilderness
to the upstream confluence with the west fork of the
Bruneau River, to be administered by the Secretary of
the Interior as a wild river.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
the 0.6-mile segment of the Bruneau River at the Indian
Hot Springs public road access shall be administered by
the Secretary of the Interior as a recreational river.
‘‘(183) WEST FORK BRUNEAU RIVER, IDAHO.—The approximately 0.35 miles of the West Fork of the Bruneau River
from the confluence with the Jarbidge River to the downstream
boundary of the Bruneau Canyon Grazing Allotment in the
SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be
administered by the Secretary of the Interior as a wild river.
‘‘(184) COTTONWOOD CREEK, IDAHO.—The 2.6 miles of
Cottonwood Creek from the confluence with Big Jacks Creek
to the upstream boundary of the Big Jacks Creek Wilderness,
to be administered by the Secretary of the Interior as a wild
river.
‘‘(185) DEEP CREEK, IDAHO.—The 13.1-mile segment of Deep
Creek from the confluence with the Owyhee River to the
upstream boundary of the Owyhee River Wilderness in sec.
30, T. 12 S., R. 2 W., Boise Meridian, to be administered
by the Secretary of the Interior as a wild river.
‘‘(186) DICKSHOOTER CREEK, IDAHO.—The 9.25 miles of
Dickshooter Creek from the confluence with Deep Creek to
a point on the stream 1⁄4 mile due west of the east boundary
of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered
by the Secretary of the Interior as a wild river.
‘‘(187) DUNCAN CREEK, IDAHO.—The 0.9-mile segment of
Duncan Creek from the confluence with Big Jacks Creek
upstream to the east boundary of sec. 18, T. 10 S., R. 4 E.,
Boise Meridian, to be administered by the Secretary of the
Interior as a wild river.
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123 STAT. 1038
PUBLIC LAW 111–11—MAR. 30, 2009
‘‘(188) JARBIDGE RIVER, IDAHO.—The 28.8 miles of the
Jarbidge River from the confluence with the West Fork Bruneau
River to the upstream boundary of the Bruneau-Jarbidge Rivers
Wilderness, to be administered by the Secretary of the Interior
as a wild river.
‘‘(189) LITTLE JACKS CREEK, IDAHO.—The 12.4 miles of Little
Jacks Creek from the downstream boundary of the Little Jacks
Creek Wilderness, upstream to the mouth of OX Prong Creek,
to be administered by the Secretary of the Interior as a wild
river.
‘‘(190) NORTH FORK OWYHEE RIVER, IDAHO.—The following
segments of the North Fork of the Owyhee River, to be administered by the Secretary of the Interior:
‘‘(A) The 5.7-mile segment from the Idaho-Oregon State
border to the upstream boundary of the private land at
the Juniper Mt. Road crossing, as a recreational river.
‘‘(B) The 15.1-mile segment from the upstream
boundary of the North Fork Owyhee River recreational
segment designated in paragraph (A) to the upstream
boundary of the North Fork Owyhee River Wilderness,
as a wild river.
‘‘(191) OWYHEE RIVER, IDAHO.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
67.3 miles of the Owyhee River from the Idaho-Oregon
State border to the upstream boundary of the Owyhee
River Wilderness, to be administered by the Secretary of
the Interior as a wild river.
‘‘(B) ACCESS.—The Secretary of the Interior shall allow
for continued access across the Owyhee River at Crutchers
Crossing, subject to such terms and conditions as the Secretary of the Interior determines to be necessary.
‘‘(192) RED CANYON, IDAHO.—The 4.6 miles of Red Canyon
from the confluence of the Owyhee River to the upstream
boundary of the Owyhee River Wilderness, to be administered
by the Secretary of the Interior as a wild river.
‘‘(193) SHEEP CREEK, IDAHO.—The 25.6 miles of Sheep
Creek from the confluence with the Bruneau River to the
upstream boundary of the Bruneau-Jarbidge Rivers Wilderness,
to be administered by the Secretary of the Interior as a wild
river.
‘‘(194) SOUTH FORK OWYHEE RIVER, IDAHO.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the 31.4-mile segment of the South Fork of the Owyhee
River upstream from the confluence with the Owyhee River
to the upstream boundary of the Owyhee River Wilderness
at the Idaho–Nevada State border, to be administered by
the Secretary of the Interior as a wild river.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
the 1.2-mile segment of the South Fork of the Owyhee
River from the point at which the river enters the southernmost boundary to the point at which the river exits the
northernmost boundary of private land in sec. 25 and 26,
T. 14 S., R. 5 W., Boise Meridian, shall be administered
by the Secretary of the Interior as a recreational river.
‘‘(195) WICKAHONEY CREEK, IDAHO.—The 1.5 miles of
Wickahoney Creek from the confluence of Big Jacks Creek
to the upstream boundary of the Big Jacks Creek Wilderness,
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123 STAT. 1039
to be administered by the Secretary of the Interior as a wild
river.’’.
(b) BOUNDARIES.—Notwithstanding section 3(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a river
segment designated as a component of the National Wild and Scenic
Rivers System under this subtitle shall extend not more than the
shorter of—
(1) an average distance of 1⁄4 mile from the high water
mark on both sides of the river segment; or
(2) the distance to the nearest confined canyon rim.
(c) LAND ACQUISITION.—The Secretary shall not acquire any
private land within the exterior boundary of a wild and scenic
river corridor without the consent of the owner.
16 USC 1274
note.
16 USC 1274
note.
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SEC. 1505. LAND IDENTIFIED FOR DISPOSAL.
(a) IN GENERAL.—Consistent with applicable law, the Secretary
may sell public land located within the Boise District of the Bureau
of Land Management that, as of July 25, 2000, has been identified
for disposal in appropriate resource management plans.
(b) USE OF PROCEEDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law (other than a law that specifically provides for a proportion
of the proceeds of a land sale to be distributed to any trust
fund of the State), proceeds from the sale of public land under
subsection (a) shall be deposited in a separate account in the
Treasury of the United States to be known as the ‘‘Owyhee
Land Acquisition Account’’.
(2) AVAILABILITY.—
(A) IN GENERAL.—Amounts in the account shall be
available to the Secretary, without further appropriation,
to purchase land or interests in land in, or adjacent to,
the wilderness areas designated by this subtitle, including
land identified as ‘‘Proposed for Acquisition’’ on the maps
described in section 1503(a)(1).
(B) APPLICABLE LAW.—Any purchase of land or interest
in land under subparagraph (A) shall be in accordance
with applicable law.
(3) APPLICABILITY.—This subsection applies to public land
within the Boise District of the Bureau of Land Management
sold on or after January 1, 2008.
(4) ADDITIONAL AMOUNTS.—If necessary, the Secretary may
use additional amounts appropriated to the Department of the
Interior, subject to applicable reprogramming guidelines.
(c) TERMINATION OF AUTHORITY.—
(1) IN GENERAL.—The authority provided under this section
terminates on the earlier of—
(A) the date that is 10 years after the date of enactment
of this Act; or
(B) the date on which a total of $8,000,000 from the
account is expended.
(2) AVAILABILITY OF AMOUNTS.—Any amounts remaining
in the account on the termination of authority under this section
shall be—
(A) credited as sales of public land in the State;
(B) transferred to the Federal Land Disposal Account
established under section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
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PUBLIC LAW 111–11—MAR. 30, 2009
(C) used in accordance with that subtitle.
SEC. 1506. TRIBAL CULTURAL RESOURCES.
(a) COORDINATION.—The Secretary shall coordinate with the
Tribes in the implementation of the Shoshone Paiute Cultural
Resource Protection Plan.
(b) AGREEMENTS.—The Secretary shall seek to enter into agreements with the Tribes to implement the Shoshone Paiute Cultural
Resource Protection Plan to protect cultural sites and resources
important to the continuation of the traditions and beliefs of the
Tribes.
SEC. 1507. RECREATIONAL TRAVEL MANAGEMENT PLANS.
Deadline.
Transportation
plan.
Deadline.
Transportation
plan.
(a) IN GENERAL.—In accordance with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary
shall, in coordination with the Tribes, State, and County, prepare
1 or more travel management plans for motorized and mechanized
off-highway vehicle recreation for the land managed by the Bureau
of Land Management in the County.
(b) INVENTORY.—Before preparing the plan under subsection
(a), the Secretary shall conduct resource and route inventories
of the area covered by the plan.
(c) LIMITATION TO DESIGNATED ROUTES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
plan shall limit recreational motorized and mechanized offhighway vehicle use to a system of designated roads and trails
established by the plan.
(2) EXCEPTION.—Paragraph (1) shall not apply to snowmobiles.
(d) TEMPORARY LIMITATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), until
the date on which the Secretary completes the plan, all recreational motorized and mechanized off-highway vehicle use
shall be limited to roads and trails lawfully in existence on
the day before the date of enactment of this Act.
(2) EXCEPTION.—Paragraph (1) shall not apply to—
(A) snowmobiles; or
(B) areas specifically identified as open, closed, or limited in the Owyhee Resource Management Plan.
(e) SCHEDULE.—
(1) OWYHEE FRONT.—It is the intent of Congress that,
not later than 1 year after the date of enactment of this Act,
the Secretary shall complete a transportation plan for the
Owyhee Front.
(2) OTHER BUREAU OF LAND MANAGEMENT LAND IN THE
COUNTY.—It is the intent of Congress that, not later than
3 years after the date of enactment of this Act, the Secretary
shall complete a transportation plan for Bureau of Land
Management land in the County outside the Owyhee Front.
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
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There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
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123 STAT. 1041
Subtitle G—Sabinoso Wilderness, New
Mexico
SEC. 1601. DEFINITIONS.
In this subtitle:
(1) MAP.—The term ‘‘map’’ means the map entitled
‘‘Sabinoso Wilderness’’ and dated September 8, 2008.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) STATE.—The term ‘‘State’’ means the State of New
Mexico.
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SEC. 1602. DESIGNATION OF THE SABINOSO WILDERNESS.
(a) IN GENERAL.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 16,030 acres
of land under the jurisdiction of the Taos Field Office Bureau
of Land Management, New Mexico, as generally depicted on the
map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the
‘‘Sabinoso Wilderness’’.
(b) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and
a legal description of the Sabinoso Wilderness with—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) FORCE OF LAW.—The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the map and
legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(c) ADMINISTRATION OF WILDERNESS.—
(1) IN GENERAL.—Subject to valid existing rights, the
Sabinoso Wilderness shall be administered by the Secretary
in accordance with this subtitle and the Wilderness Act (16
U.S.C. 1131 et seq.), except that—
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference
to the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference
to the Secretary of the Interior.
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—
Any land or interest in land within the boundary of the
Sabinoso Wilderness that is acquired by the United States
shall—
(A) become part of the Sabinoso Wilderness; and
(B) be managed in accordance with this subtitle and
any other laws applicable to the Sabinoso Wilderness.
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16 USC 1132
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PUBLIC LAW 111–11—MAR. 30, 2009
(3) GRAZING.—The grazing of livestock in the Sabinoso
Wilderness, if established before the date of enactment of this
Act, shall be administered in accordance with—
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101–405).
(4) FISH AND WILDLIFE.—In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle affects the jurisdiction of the State with respect to
fish and wildlife in the State.
(5) ACCESS.—
(A) IN GENERAL.—In accordance with section 5(a) of
the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall
continue to allow private landowners adequate access to
inholdings in the Sabinoso Wilderness.
(B) CERTAIN LAND.—For access purposes, private land
within T. 16 N., R. 23 E., secs. 17 and 20 and the N1⁄2
of sec. 21, N.M.M., shall be managed as an inholding in
the Sabinoso Wilderness.
(d) WITHDRAWAL.—Subject to valid existing rights, the land
generally depicted on the map as ‘‘Lands Withdrawn From Mineral
Entry’’ and ‘‘Lands Released From Wilderness Study Area & Withdrawn From Mineral Entry’’ is withdrawn from—
(1) all forms of entry, appropriation, and disposal under
the public land laws, except disposal by exchange in accordance
with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716);
(2) location, entry, and patent under the mining laws;
and
(3) operation of the mineral materials and geothermal
leasing laws.
(e) RELEASE OF WILDERNESS STUDY AREAS.—Congress finds
that, for the purposes of section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), the public lands
within the Sabinoso Wilderness Study Area not designated as
wilderness by this subtitle—
(1) have been adequately studied for wilderness designation
and are no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with applicable law
(including subsection (d)) and the land use management plan
for the surrounding area.
Subtitle H—Pictured Rocks National
Lakeshore Wilderness
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SEC. 1651. DEFINITIONS.
In this subtitle:
(1) LINE OF DEMARCATION.—The term ‘‘line of demarcation’’
means the point on the bank or shore at which the surface
waters of Lake Superior meet the land or sand beach, regardless
of the level of Lake Superior.
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123 STAT. 1043
(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Pictured Rocks National Lakeshore Beaver Basin Wilderness
Boundary’’, numbered 625/80,051, and dated April 16, 2007.
(3) NATIONAL LAKESHORE.—The term ‘‘National Lakeshore’’
means the Pictured Rocks National Lakeshore.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) WILDERNESS.—The term ‘‘Wilderness’’ means the Beaver
Basin Wilderness designated by section 1652(a).
SEC. 1652. DESIGNATION OF BEAVER BASIN WILDERNESS.
(a) IN GENERAL.—In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the land described in subsection (b) is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ‘‘Beaver Basin Wilderness’’.
(b) DESCRIPTION OF LAND.—The land referred to in subsection
(a) is the land and inland water comprising approximately 11,740
acres within the National Lakeshore, as generally depicted on the
map.
(c) BOUNDARY.—
(1) LINE OF DEMARCATION.—The line of demarcation shall
be the boundary for any portion of the Wilderness that is
bordered by Lake Superior.
(2) SURFACE WATER.—The surface water of Lake Superior,
regardless of the fluctuating lake level, shall be considered
to be outside the boundary of the Wilderness.
(d) MAP AND LEGAL DESCRIPTION.—
(1) AVAILABILITY OF MAP.—The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(2) LEGAL DESCRIPTION.—As soon as practicable after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives a legal description of the boundary of the Wilderness.
(3) FORCE AND EFFECT.—The map and the legal description
submitted under paragraph (2) shall have the same force and
effect as if included in this subtitle, except that the Secretary
may correct any clerical or typographical errors in the map
and legal description.
16 USC 1132
note.
16 USC 1132
note.
16 USC 1132
note.
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SEC. 1653. ADMINISTRATION.
(a) MANAGEMENT.—Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of enactment of this Act; and
(2) with respect to land administered by the Secretary,
any reference in that Act to the Secretary of Agriculture shall
be considered to be a reference to the Secretary.
(b) USE OF ELECTRIC MOTORS.—The use of boats powered by
electric motors on Little Beaver and Big Beaver Lakes may continue, subject to any applicable laws (including regulations).
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PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 1654. EFFECT.
Nothing in this subtitle—
(1) modifies, alters, or affects any treaty rights;
(2) alters the management of the water of Lake Superior
within the boundary of the Pictured Rocks National Lakeshore
in existence on the date of enactment of this Act; or
(3) prohibits—
(A) the use of motors on the surface water of Lake
Superior adjacent to the Wilderness; or
(B) the beaching of motorboats at the line of demarcation.
Subtitle I—Oregon Badlands Wilderness
SEC. 1701. DEFINITIONS.
In this subtitle:
(1) DISTRICT.—The term ‘‘District’’ means the Central
Oregon Irrigation District.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) STATE.—The term ‘‘State’’ means the State of Oregon.
(4) WILDERNESS MAP.—The term ‘‘wilderness map’’ means
the map entitled ‘‘Badlands Wilderness’’ and dated September
3, 2008.
SEC. 1702. OREGON BADLANDS WILDERNESS.
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16 USC 1132
note.
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(a) DESIGNATION.—In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 29,301 acres of Bureau
of Land Management land in the State, as generally depicted on
the wilderness map, is designated as wilderness and as a component
of the National Wilderness Preservation System, to be known as
the ‘‘Oregon Badlands Wilderness’’.
(b) ADMINISTRATION OF WILDERNESS.—
(1) IN GENERAL.—Subject to valid existing rights, the
Oregon Badlands Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), except that—
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference
to the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference
to the Secretary of the Interior.
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—
Any land or interest in land within the boundary of the Oregon
Badlands Wilderness that is acquired by the United States
shall—
(A) become part of the Oregon Badlands Wilderness;
and
(B) be managed in accordance with this subtitle, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) GRAZING.—The grazing of livestock in the Oregon Badlands Wilderness, if established before the date of enactment
of this Act, shall be permitted to continue subject to such
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reasonable regulations as are considered necessary by the Secretary in accordance with—
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101–405).
(4) ACCESS TO PRIVATE PROPERTY.—In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the
boundary of the Oregon Badlands Wilderness adequate access
to the property.
(c) POTENTIAL WILDERNESS.—
(1) IN GENERAL.—In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain
Federal land managed by the Bureau of Land Management
with a width of 25 feet, as generally depicted on the wilderness
map as ‘‘Potential Wilderness’’, is designated as potential
wilderness.
(2) INTERIM MANAGEMENT.—The potential wilderness designated by paragraph (1) shall be managed in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), except that the
Secretary may allow nonconforming uses that are authorized
and in existence on the date of enactment of this Act to continue
in the potential wilderness.
(3) DESIGNATION AS WILDERNESS.—On the date on which
the Secretary publishes in the Federal Register notice that
any nonconforming uses in the potential wilderness designated
by paragraph (1) that are permitted under paragraph (2) have
terminated, the potential wilderness shall be—
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the Oregon Badlands Wilderness.
(d) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and
legal description of the Oregon Badlands Wilderness with—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) FORCE OF LAW.—The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct typographical errors in the map and legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
16 USC 1132
note.
Federal Register,
publication.
Notice.
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SEC. 1703. RELEASE.
(a) FINDING.—Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), the portions of the Badlands wilderness study
area that are not designated as the Oregon Badlands Wilderness
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PUBLIC LAW 111–11—MAR. 30, 2009
or as potential wilderness have been adequately studied for wilderness or potential wilderness designation.
(b) RELEASE.—Any public land described in subsection (a) that
is not designated as wilderness by this subtitle—
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable
land use plan adopted under section 202 of that Act (43 U.S.C.
1712).
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SEC. 1704. LAND EXCHANGES.
(a) CLARNO LAND EXCHANGE.—
(1) CONVEYANCE OF LAND.—Subject to subsections (c)
through (e), if the landowner offers to convey to the United
States all right, title, and interest of the landowner in and
to the non-Federal land described in paragraph (2)(A), the
Secretary shall—
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal
land, convey to the Landowner all right, title, and interest
of the United States in and to the Federal land described
in paragraph (2)(B).
(2) DESCRIPTION OF LAND.—
(A) NON-FEDERAL LAND.—The non-Federal land
referred to in paragraph (1) is the approximately 239 acres
of non-Federal land identified on the wilderness map as
‘‘Clarno to Federal Government’’.
(B) FEDERAL LAND.—The Federal land referred to in
paragraph (1)(B) is the approximately 209 acres of Federal
land identified on the wilderness map as ‘‘Federal Government to Clarno’’.
(3) SURVEYS.—The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(b) DISTRICT EXCHANGE.—
(1) CONVEYANCE OF LAND.—Subject to subsections (c)
through (e), if the District offers to convey to the United States
all right, title, and interest of the District in and to the nonFederal land described in paragraph (2)(A), the Secretary
shall—
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal
land, convey to the District all right, title, and interest
of the United States in and to the Federal land described
in paragraph (2)(B).
(2) DESCRIPTION OF LAND.—
(A) NON-FEDERAL LAND.—The non-Federal land
referred to in paragraph (1) is the approximately 527 acres
of non-Federal land identified on the wilderness map as
‘‘COID to Federal Government’’.
(B) FEDERAL LAND.—The Federal land referred to in
paragraph (1)(B) is the approximately 697 acres of Federal
land identified on the wilderness map as ‘‘Federal Government to COID’’.
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(3) SURVEYS.—The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(c) APPLICABLE LAW.—Except as otherwise provided in this
section, the Secretary shall carry out the land exchanges under
this section in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(d) VALUATION, APPRAISALS, AND EQUALIZATION.—
(1) IN GENERAL.—The value of the Federal land and the
non-Federal land to be conveyed in a land exchange under
this section—
(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) APPRAISALS.—
(A) IN GENERAL.—The Federal land and the non-Federal land to be exchanged under this section shall be
appraised by an independent, qualified appraiser that is
agreed to by the Secretary and the owner of the nonFederal land to be exchanged.
(B) REQUIREMENTS.—An appraisal under subparagraph
(A) shall be conducted in accordance with—
(i) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) EQUALIZATION.—
(A) IN GENERAL.—If the value of the Federal land
and the non-Federal land to be conveyed in a land exchange
under this section is not equal, the value may be equalized
by—
(i) making a cash equalization payment to the
Secretary or to the owner of the non-Federal land,
as appropriate, in accordance with section 206(b) of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land or
the non-Federal land to be exchanged, as appropriate.
(B) CASH EQUALIZATION PAYMENTS.—Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be—
(i) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(e) CONDITIONS OF EXCHANGE.—
(1) IN GENERAL.—The land exchanges under this section
shall be subject to such terms and conditions as the Secretary
may require.
(2) COSTS.—As a condition of a conveyance of Federal land
and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally
share all costs relating to the land exchange, including the
costs of appraisals, surveys, and any necessary environmental
clearances.
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Deadline.
PUBLIC LAW 111–11—MAR. 30, 2009
(3) VALID EXISTING RIGHTS.—The exchange of Federal land
and non-Federal land under this section shall be subject to
any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act.
(f) COMPLETION OF LAND EXCHANGE.—It is the intent of Congress that the land exchanges under this section shall be completed
not later than 2 years after the date of enactment of this Act.
SEC. 1705. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges, diminishes,
or abrogates the treaty rights of any Indian tribe, including the
off-reservation reserved rights secured by the Treaty with the Tribes
and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
Subtitle J—Spring Basin Wilderness,
Oregon
SEC. 1751. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) STATE.—The term ‘‘State’’ means the State of Oregon.
(3) TRIBES.—The term ‘‘Tribes’’ means the Confederated
Tribes of the Warm Springs Reservation of Oregon.
(4) WILDERNESS MAP.—The term ‘‘wilderness map’’ means
the map entitled ‘‘Spring Basin Wilderness with Land Exchange
Proposals’’ and dated September 3, 2008.
SEC. 1752. SPRING BASIN WILDERNESS.
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(a) DESIGNATION.—In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 6,382 acres of Bureau
of Land Management land in the State, as generally depicted on
the wilderness map, is designated as wilderness and as a component
of the National Wilderness Preservation System, to be known as
the ‘‘Spring Basin Wilderness’’.
(b) ADMINISTRATION OF WILDERNESS.—
(1) IN GENERAL.—Subject to valid existing rights, the Spring
Basin Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that—
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference
to the date of enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference
to the Secretary of the Interior.
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—
Any land or interest in land within the boundary of the Spring
Basin Wilderness that is acquired by the United States shall—
(A) become part of the Spring Basin Wilderness; and
(B) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable
law.
(3) GRAZING.—The grazing of livestock in the Spring Basin
Wilderness, if established before the date of enactment of this
Act, shall be permitted to continue subject to such reasonable
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regulations as are considered necessary by the Secretary, in
accordance with—
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101–405).
(c) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and
a legal description of the Spring Basin Wilderness with—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) FORCE OF LAW.—The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this section, except that the Secretary may correct
any typographical errors in the map and legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
SEC. 1753. RELEASE.
(a) FINDING.—Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), the portions of the Spring Basin wilderness
study area that are not designated by section 1752(a) as the Spring
Basin Wilderness in the following areas have been adequately
studied for wilderness designation:
(1) T. 8 S., R. 19 E., sec. 10, NE 1⁄4, W 1⁄2.
(2) T. 8 S., R.19 E., sec. 25, SE 1⁄4, SE 1⁄4.
(3) T. 8 S., R. 20 E., sec. 19, SE 1⁄4, S 1⁄2 of the S 1⁄2.
(b) RELEASE.—Any public land described in subsection (a) that
is not designated as wilderness by this subtitle—
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable
land use plan adopted under section 202 of that Act (43 U.S.C.
1712).
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SEC. 1754. LAND EXCHANGES.
(a) CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION
LAND EXCHANGE.—
(1) CONVEYANCE OF LAND.—Subject to subsections (e)
through (g), if the Tribes offer to convey to the United States
all right, title, and interest of the Tribes in and to the nonFederal land described in paragraph (2)(A), the Secretary
shall—
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal
land, convey to the Tribes all right, title, and interest
of the United States in and to the Federal land described
in paragraph (2)(B).
(2) DESCRIPTION OF LAND.—
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123 STAT. 1050
PUBLIC LAW 111–11—MAR. 30, 2009
(A) NON-FEDERAL LAND.—The non-Federal land
referred to in paragraph (1) is the approximately 4,480
acres of non-Federal land identified on the wilderness map
as ‘‘Lands proposed for transfer from the CTWSIR to the
Federal Government’’.
(B) FEDERAL LAND.—The Federal land referred to in
paragraph (1)(B) is the approximately 4,578 acres of Federal land identified on the wilderness map as ‘‘Lands proposed for transfer from the Federal Government to
CTWSIR’’.
(3) SURVEYS.—The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(4) WITHDRAWAL.—Subject to valid existing rights, the land
acquired by the Secretary under this subsection is withdrawn
from all forms of—
(A) entry, appropriation, or disposal under the public
land laws;
(B) location, entry, and patent under the mining laws;
and
(C) disposition under any law relating to mineral and
geothermal leasing or mineral materials.
(b) MCGREER LAND EXCHANGE.—
(1) CONVEYANCE OF LAND.—Subject to subsections (e)
through (g), if the landowner offers to convey to the United
States all right, title, and interest of the landowner in and
to the non-Federal land described in paragraph (2)(A), the
Secretary shall—
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal
land, convey to the landowner all right, title, and interest
of the United States in and to the Federal land described
in paragraph (2)(B).
(2) DESCRIPTION OF LAND.—
(A) NON-FEDERAL LAND.—The non-Federal land
referred to in paragraph (1) is the approximately 18 acres
of non-Federal land identified on the wilderness map as
‘‘Lands proposed for transfer from McGreer to the Federal
Government’’.
(B) FEDERAL LAND.—The Federal land referred to in
paragraph (1)(B) is the approximately 327 acres of Federal
land identified on the wilderness map as ‘‘Lands proposed
for transfer from the Federal Government to McGreer’’.
(3) SURVEYS.—The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(c) KEYS LAND EXCHANGE.—
(1) CONVEYANCE OF LAND.—Subject to subsections (e)
through (g), if the landowner offers to convey to the United
States all right, title, and interest of the landowner in and
to the non-Federal land described in paragraph (2)(A), the
Secretary shall—
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal
land, convey to the landowner all right, title, and interest
of the United States in and to the Federal land described
in paragraph (2)(B).
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(2) DESCRIPTION OF LAND.—
(A) NON-FEDERAL LAND.—The non-Federal land
referred to in paragraph (1) is the approximately 180 acres
of non-Federal land identified on the wilderness map as
‘‘Lands proposed for transfer from Keys to the Federal
Government’’.
(B) FEDERAL LAND.—The Federal land referred to in
paragraph (1)(B) is the approximately 187 acres of Federal
land identified on the wilderness map as ‘‘Lands proposed
for transfer from the Federal Government to Keys’’.
(3) SURVEYS.—The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(d) BOWERMAN LAND EXCHANGE.—
(1) CONVEYANCE OF LAND.—Subject to subsections (e)
through (g), if the landowner offers to convey to the United
States all right, title, and interest of the landowner in and
to the non-Federal land described in paragraph (2)(A), the
Secretary shall—
(A) accept the offer; and
(B) on receipt of acceptable title to the non-Federal
land, convey to the landowner all right, title, and interest
of the United States in and to the Federal land described
in paragraph (2)(B).
(2) DESCRIPTION OF LAND.—
(A) NON-FEDERAL LAND.—The non-Federal land
referred to in paragraph (1) is the approximately 32 acres
of non-Federal land identified on the wilderness map as
‘‘Lands proposed for transfer from Bowerman to the Federal
Government’’.
(B) FEDERAL LAND.—The Federal land referred to in
paragraph (1)(B) is the approximately 24 acres of Federal
land identified on the wilderness map as ‘‘Lands proposed
for transfer from the Federal Government to Bowerman’’.
(3) SURVEYS.—The exact acreage and legal description of
the Federal land and non-Federal land described in paragraph
(2) shall be determined by surveys approved by the Secretary.
(e) APPLICABLE LAW.—Except as otherwise provided in this
section, the Secretary shall carry out the land exchanges under
this section in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(f) VALUATION, APPRAISALS, AND EQUALIZATION.—
(1) IN GENERAL.—The value of the Federal land and the
non-Federal land to be conveyed in a land exchange under
this section—
(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) APPRAISALS.—
(A) IN GENERAL.—The Federal land and the non-Federal land to be exchanged under this section shall be
appraised by an independent, qualified appraiser that is
agreed to by the Secretary and the owner of the nonFederal land to be exchanged.
(B) REQUIREMENTS.—An appraisal under subparagraph
(A) shall be conducted in accordance with—
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(i) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) EQUALIZATION.—
(A) IN GENERAL.—If the value of the Federal land
and the non-Federal land to be conveyed in a land exchange
under this section is not equal, the value may be equalized
by—
(i) making a cash equalization payment to the
Secretary or to the owner of the non-Federal land,
as appropriate, in accordance with section 206(b) of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(b)); or
(ii) reducing the acreage of the Federal land or
the non-Federal land to be exchanged, as appropriate.
(B) CASH EQUALIZATION PAYMENTS.—Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be—
(i) deposited in the Federal Land Disposal Account
established by section 206(a) of the Federal Land
Transaction Facilitation Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(g) CONDITIONS OF EXCHANGE.—
(1) IN GENERAL.—The land exchanges under this section
shall be subject to such terms and conditions as the Secretary
may require.
(2) COSTS.—As a condition of a conveyance of Federal land
and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally
share all costs relating to the land exchange, including the
costs of appraisals, surveys, and any necessary environmental
clearances.
(3) VALID EXISTING RIGHTS.—The exchange of Federal land
and non-Federal land under this section shall be subject to
any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act.
(h) COMPLETION OF LAND EXCHANGE.—It is the intent of Congress that the land exchanges under this section shall be completed
not later than 2 years after the date of enactment of this Act.
Deadline.
SEC. 1755. PROTECTION OF TRIBAL TREATY RIGHTS.
Nothing in this subtitle alters, modifies, enlarges, diminishes,
or abrogates the treaty rights of any Indian tribe, including the
off-reservation reserved rights secured by the Treaty with the Tribes
and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963).
Subtitle K—Eastern Sierra and Northern
San Gabriel Wilderness, California
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SEC. 1801. DEFINITIONS.
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(1) FOREST.—The term ‘‘Forest’’ means the Ancient
Bristlecone Pine Forest designated by section 1808(a).
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(2) RECREATION AREA.—The term ‘‘Recreation Area’’ means
the Bridgeport Winter Recreation Area designated by section
1806(a).
(3) SECRETARY.—The term ‘‘Secretary’’ means—
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(4) STATE.—The term ‘‘State’’ means the State of California.
(5) TRAIL.—The term ‘‘Trail’’ means the Pacific Crest
National Scenic Trail.
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SEC. 1802. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as wilderness
and as components of the National Wilderness Preservation System:
(1) HOOVER WILDERNESS ADDITIONS.—
(A) IN GENERAL.—Certain land in the HumboldtToiyabe and Inyo National Forests, comprising approximately 79,820 acres and identified as ‘‘Hoover East Wilderness Addition,’’ ‘‘Hoover West Wilderness Addition’’, and
‘‘Bighorn Proposed Wilderness Addition’’, as generally
depicted on the maps described in subparagraph (B), is
incorporated in, and shall be considered to be a part of,
the Hoover Wilderness.
(B) DESCRIPTION OF MAPS.—The maps referred to in
subparagraph (A) are—
(i) the map entitled ‘‘Humboldt-Toiyabe National
Forest Proposed Management’’ and dated September
17, 2008; and
(ii) the map entitled ‘‘Bighorn Proposed Wilderness
Additions’’ and dated September 23, 2008.
(C) EFFECT.—The designation of the wilderness under
subparagraph (A) shall not affect the ongoing activities
of the adjacent United States Marine Corps Mountain Warfare Training Center on land outside the designated wilderness, in accordance with the agreement between the Center
and the Humboldt-Toiyabe National Forest.
(2) OWENS RIVER HEADWATERS WILDERNESS.—Certain land
in the Inyo National Forest, comprising approximately 14,721
acres, as generally depicted on the map entitled ‘‘Owens River
Headwaters Proposed Wilderness’’ and dated September 16,
2008, which shall be known as the ‘‘Owens River Headwaters
Wilderness’’.
(3) JOHN MUIR WILDERNESS ADDITIONS.—
(A) IN GENERAL.—Certain land in the Inyo National
Forest and certain land administered by the Bureau of
Land Management in Inyo County, California, comprising
approximately 70,411 acres, as generally depicted on the
maps described in subparagraph (B), is incorporated in,
and shall be considered to be a part of, the John Muir
Wilderness.
(B) DESCRIPTION OF MAPS.—The maps referred to in
subparagraph (A) are—
(i) the map entitled ‘‘John Muir Proposed Wilderness Addition (1 of 5)’’ and dated September 23, 2008;
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(ii) the map entitled ‘‘John Muir Proposed Wilderness Addition (2 of 5)’’ and dated September 23, 2008;
(iii) the map entitled ‘‘John Muir Proposed Wilderness Addition (3 of 5)’’ and dated October 31, 2008;
(iv) the map entitled ‘‘John Muir Proposed Wilderness Addition (4 of 5)’’ and dated September 16, 2008;
and
(v) the map entitled ‘‘John Muir Proposed Wilderness Addition (5 of 5)’’ and dated September 16, 2008.
(C) BOUNDARY REVISION.—The boundary of the John
Muir Wilderness is revised as depicted on the map entitled
‘‘John Muir Wilderness—Revised’’ and dated September 16,
2008.
(4) ANSEL ADAMS WILDERNESS ADDITION.—Certain land in
the Inyo National Forest, comprising approximately 528 acres,
as generally depicted on the map entitled ‘‘Ansel Adams Proposed Wilderness Addition’’ and dated September 16, 2008,
is incorporated in, and shall be considered to be a part of,
the Ansel Adams Wilderness.
(5) WHITE MOUNTAINS WILDERNESS.—
(A) IN GENERAL.—Certain land in the Inyo National
Forest and certain land administered by the Bureau of
Land Management in Mono County, California, comprising
approximately 229,993 acres, as generally depicted on the
maps described in subparagraph (B), which shall be known
as the ‘‘White Mountains Wilderness’’.
(B) DESCRIPTION OF MAPS.—The maps referred to in
subparagraph (A) are—
(i) the map entitled ‘‘White Mountains Proposed
Wilderness-Map 1 of 2 (North)’’ and dated September
16, 2008; and
(ii) the map entitled ‘‘White Mountains Proposed
Wilderness-Map 2 of 2 (South)’’ and dated September
16, 2008.
(6) GRANITE MOUNTAIN WILDERNESS.—Certain land in the
Inyo National Forest and certain land administered by the
Bureau of Land Management in Mono County, California, comprising approximately 34,342 acres, as generally depicted on
the map entitled ‘‘Granite Mountain Wilderness’’ and dated
September 19, 2008, which shall be known as the ‘‘Granite
Mountain Wilderness’’.
(7) MAGIC MOUNTAIN WILDERNESS.—Certain land in the
Angeles National Forest, comprising approximately 12,282
acres, as generally depicted on the map entitled ‘‘Magic Mountain Proposed Wilderness’’ and dated December 16, 2008, which
shall be known as the ‘‘Magic Mountain Wilderness’’.
(8) PLEASANT VIEW RIDGE WILDERNESS.—Certain land in
the Angeles National Forest, comprising approximately 26,757
acres, as generally depicted on the map entitled ‘‘Pleasant
View Ridge Proposed Wilderness’’ and dated December 16, 2008,
which shall be known as the ‘‘Pleasant View Ridge Wilderness’’.
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SEC. 1803. ADMINISTRATION OF WILDERNESS AREAS.
(a) MANAGEMENT.—Subject to valid existing rights, the Secretary shall administer the wilderness areas and wilderness additions designated by this subtitle in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except that—
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(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary that
has jurisdiction over the land.
(b) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness addition designated by this subtitle with—
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) FORCE OF LAW.—Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) PUBLIC AVAILABILITY.—Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Secretary.
(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any
land (or interest in land) within the boundary of a wilderness
area or wilderness addition designated by this subtitle that is
acquired by the Federal Government shall—
(1) become part of the wilderness area in which the land
is located; and
(2) be managed in accordance with this subtitle, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable
law.
(d) WITHDRAWAL.—Subject to valid rights in existence on the
date of enactment of this Act, any Federal land designated as
a wilderness area or wilderness addition by this subtitle is withdrawn from—
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws;
and
(3) disposition under laws relating to mineral and geothermal leasing or mineral materials.
(e) FIRE MANAGEMENT AND RELATED ACTIVITIES.—
(1) IN GENERAL.—The Secretary may take such measures
in a wilderness area or wilderness addition designated by this
subtitle as are necessary for the control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the
98th Congress.
(2) FUNDING PRIORITIES.—Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
and wilderness additions designated by this subtitle.
(3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS.—As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire
management plans that apply to the land designated as a
wilderness area or wilderness addition by this subtitle.
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(4) ADMINISTRATION.—Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas and wilderness additions designated by this subtitle, the Secretary shall—
(A) not later than 1 year after the date of enactment
of this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(f) ACCESS TO PRIVATE PROPERTY.—The Secretary shall provide
any owner of private property within the boundary of a wilderness
area or wilderness addition designated by this subtitle adequate
access to the property to ensure the reasonable use and enjoyment
of the property by the owner.
(g) MILITARY ACTIVITIES.—Nothing in this subtitle precludes—
(1) low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by this subtitle;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
this subtitle; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by this subtitle.
(h) LIVESTOCK.—Grazing of livestock and the maintenance of
existing facilities relating to grazing in wilderness areas or wilderness additions designated by this subtitle, if established before
the date of enactment of this Act, shall be permitted to continue
in accordance with—
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).
(i) FISH AND WILDLIFE MANAGEMENT.—
(1) IN GENERAL.—In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may
carry out management activities to maintain or restore fish
and wildlife populations and fish and wildlife habitats in wilderness areas or wilderness additions designated by this subtitle
if the activities are—
(A) consistent with applicable wilderness management
plans; and
(B) carried out in accordance with applicable guidelines
and policies.
(2) STATE JURISDICTION.—Nothing in this subtitle affects
the jurisdiction of the State with respect to fish and wildlife
on public land located in the State.
(j) HORSES.—Nothing in this subtitle precludes horseback riding
in, or the entry of recreational or commercial saddle or pack stock
into, an area designated as wilderness or as a wilderness addition
by this subtitle—
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
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(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(k) OUTFITTER AND GUIDE USE.—Outfitter and guide activities
conducted under permits issued by the Forest Service on the additions to the John Muir, Ansel Adams, and Hoover wilderness areas
designated by this subtitle shall be in addition to any existing
limits established for the John Muir, Ansel Adams, and Hoover
wilderness areas.
(l) TRANSFER TO THE FOREST SERVICE.—
(1) WHITE MOUNTAINS WILDERNESS.—Administrative jurisdiction over the approximately 946 acres of land identified
as ‘‘Transfer of Administrative Jurisdiction from BLM to FS’’
on the maps described in section 1802(5)(B) is transferred from
the Bureau of Land Management to the Forest Service to
be managed as part of the White Mountains Wilderness.
(2) JOHN MUIR WILDERNESS.—Administrative jurisdiction
over the approximately 143 acres of land identified as ‘‘Transfer
of Administrative Jurisdiction from BLM to FS’’ on the maps
described in section 1802(3)(B) is transferred from the Bureau
of Land Management to the Forest Service to be managed
as part of the John Muir Wilderness.
(m) TRANSFER TO THE BUREAU OF LAND MANAGEMENT.—
Administrative jurisdiction over the approximately 3,010 acres of
land identified as ‘‘Land from FS to BLM’’ on the maps described
in section 1802(6) is transferred from the Forest Service to the
Bureau of Land Management to be managed as part of the Granite
Mountain Wilderness.
SEC. 1804. RELEASE OF WILDERNESS STUDY AREAS.
(a) FINDING.—Congress finds that, for purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782), any portion of a wilderness study area described in subsection
(b) that is not designated as a wilderness area or wilderness addition by this subtitle or any other Act enacted before the date
of enactment of this Act has been adequately studied for wilderness.
(b) DESCRIPTION OF STUDY AREAS.—The study areas referred
to in subsection (a) are—
(1) the Masonic Mountain Wilderness Study Area;
(2) the Mormon Meadow Wilderness Study Area;
(3) the Walford Springs Wilderness Study Area; and
(4) the Granite Mountain Wilderness Study Area.
(c) RELEASE.—Any portion of a wilderness study area described
in subsection (b) that is not designated as a wilderness area or
wilderness addition by this subtitle or any other Act enacted before
the date of enactment of this Act shall not be subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
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SEC. 1805. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) IN GENERAL.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1504(a)) is amended
by adding at the end the following:
‘‘(196) AMARGOSA RIVER, CALIFORNIA.—The following segments of the Amargosa River in the State of California, to
be administered by the Secretary of the Interior:
‘‘(A) The approximately 4.1-mile segment of the
Amargosa River from the northern boundary of sec. 7,
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PUBLIC LAW 111–11—MAR. 30, 2009
T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa
Hot Springs road crossing, as a scenic river.
‘‘(B) The approximately 8-mile segment of the
Amargosa River from 100 feet downstream of the Tecopa
Hot Springs Road crossing to 100 feet upstream of the
Old Spanish Trail Highway crossing near Tecopa, as a
scenic river.
‘‘(C) The approximately 7.9-mile segment of the
Amargosa River from the northern boundary of sec. 16,
T. 20 N., R. 7 E., to .25 miles upstream of the confluence
with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a
wild river.
‘‘(D) The approximately 4.9-mile segment of the
Amargosa River from .25 miles upstream of the confluence
with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100
feet upstream of the Dumont Dunes access road crossing
in sec. 32, T. 19 N., R. 7 E., as a recreational river.
‘‘(E) The approximately 1.4-mile segment of the
Amargosa River from 100 feet downstream of the Dumont
Dunes access road crossing in sec. 32, T. 19 N., R. 7
E., as a recreational river.
‘‘(197) OWENS RIVER HEADWATERS, CALIFORNIA.—The following segments of the Owens River in the State of California,
to be administered by the Secretary of Agriculture:
‘‘(A) The 2.3-mile segment of Deadman Creek from
the 2-forked source east of San Joaquin Peak to the confluence with the unnamed tributary flowing north into
Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a
wild river.
‘‘(B) The 2.3-mile segment of Deadman Creek from
the unnamed tributary confluence in sec. 12, T. 3 S., R.
26 E., to the Road 3S22 crossing, as a scenic river.
‘‘(C) The 4.1-mile segment of Deadman Creek from
the Road 3S22 crossing to .25 miles downstream of the
Highway 395 crossing, as a recreational river.
‘‘(D) The 3-mile segment of Deadman Creek from .25
miles downstream of the Highway 395 crossing to 100
feet upstream of Big Springs, as a scenic river.
‘‘(E) The 1-mile segment of the Upper Owens River
from 100 feet upstream of Big Springs to the private property boundary in sec. 19, T. 2 S., R. 28 E., as a recreational
river.
‘‘(F) The 4-mile segment of Glass Creek from its 2forked source to 100 feet upstream of the Glass Creek
Meadow Trailhead parking area in sec. 29, T. 2 S., R.27
E., as a wild river.
‘‘(G) The 1.3-mile segment of Glass Creek from 100
feet upstream of the trailhead parking area in sec. 29
to the end of Glass Creek Road in sec. 21, T. 2 S., R.
27 E., as a scenic river.
‘‘(H) The 1.1-mile segment of Glass Creek from the
end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E.,
to the confluence with Deadman Creek, as a recreational
river.
‘‘(198) COTTONWOOD CREEK, CALIFORNIA.—The following
segments of Cottonwood Creek in the State of California:
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‘‘(A) The 17.4-mile segment from its headwaters at
the spring in sec. 27, T 4 S., R. 34 E., to the Inyo National
Forest boundary at the east section line of sec 3, T. 6
S., R. 36 E., as a wild river to be administered by the
Secretary of Agriculture.
‘‘(B) The 4.1-mile segment from the Inyo National
Forest boundary to the northern boundary of sec. 5, T.4
S., R. 34 E., as a recreational river, to be administered
by the Secretary of the Interior.
‘‘(199) PIRU CREEK, CALIFORNIA.—The following segments
of Piru Creek in the State of California, to be administered
by the Secretary of Agriculture:
‘‘(A) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing
to the boundary of the Sespe Wilderness, as a recreational
river.
‘‘(B) The 4.25-mile segment from the boundary of the
Sespe Wilderness to the boundary between Los Angeles
and Ventura Counties, as a wild river.’’.
(b) EFFECT.—The designation of Piru Creek under subsection
(a) shall not affect valid rights in existence on the date of enactment
of this Act.
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SEC. 1806. BRIDGEPORT WINTER RECREATION AREA.
16 USC 1274
note.
16 USC 460vvv.
(a) DESIGNATION.—The approximately 7,254 acres of land in
the Humboldt-Toiyabe National Forest identified as the ‘‘Bridgeport
Winter Recreation Area’’, as generally depicted on the map entitled
‘‘Humboldt-Toiyabe National Forest Proposed Management’’ and
dated September 17, 2008, is designated as the Bridgeport Winter
Recreation Area.
(b) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map and
legal description of the Recreation Area with—
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) FORCE OF LAW.—The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
(c) MANAGEMENT.—
(1) INTERIM MANAGEMENT.—Until completion of the
management plan required under subsection (d), and except
as provided in paragraph (2), the Recreation Area shall be
managed in accordance with the Toiyabe National Forest Land
and Resource Management Plan of 1986 (as in effect on the
day of enactment of this Act).
(2) USE OF SNOWMOBILES.—The winter use of snowmobiles
shall be allowed in the Recreation Area—
(A) during periods of adequate snow coverage during
the winter season; and
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(B) subject to any terms and conditions determined
to be necessary by the Secretary.
(d) MANAGEMENT PLAN.—To ensure the sound management
and enforcement of the Recreation Area, the Secretary shall, not
later than 1 year after the date of enactment of this Act, undergo
a public process to develop a winter use management plan that
provides for—
(1) adequate signage;
(2) a public education program on allowable usage areas;
(3) measures to ensure adequate sanitation;
(4) a monitoring and enforcement strategy; and
(5) measures to ensure the protection of the Trail.
(e) ENFORCEMENT.—The Secretary shall prioritize enforcement
activities in the Recreation Area—
(1) to prohibit degradation of natural resources in the
Recreation Area;
(2) to prevent interference with nonmotorized recreation
on the Trail; and
(3) to reduce user conflicts in the Recreation Area.
(f) PACIFIC CREST NATIONAL SCENIC TRAIL.—The Secretary
shall establish an appropriate snowmobile crossing point along the
Trail in the area identified as ‘‘Pacific Crest Trail Proposed Crossing
Area’’ on the map entitled ‘‘Humboldt-Toiyable National Forest
Proposed Management’’ and dated September 17, 2008—
(1) in accordance with—
(A) the National Trails System Act (16 U.S.C. 1241
et seq.); and
(B) any applicable environmental and public safety
laws; and
(2) subject to the terms and conditions the Secretary determines to be necessary to ensure that the crossing would not—
(A) interfere with the nature and purposes of the Trail;
or
(B) harm the surrounding landscape.
SEC. 1807. MANAGEMENT OF AREA WITHIN HUMBOLDT-TOIYABE
NATIONAL FOREST.
Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 3,690 acres identified as ‘‘Pickel Hill Management Area’’, as generally depicted on the map entitled ‘‘HumboldtToiyabe National Forest Proposed Management’’ and dated September 17, 2008, shall be managed in a manner consistent with
the non-Wilderness forest areas immediately surrounding the Pickel
Hill Management Area, including the allowance of snowmobile use.
16 USC 539o.
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SEC. 1808. ANCIENT BRISTLECONE PINE FOREST.
(a) DESIGNATION.—To conserve and protect the Ancient
Bristlecone Pines by maintaining near-natural conditions and to
ensure the survival of the Pines for the purposes of public enjoyment
and scientific study, the approximately 31,700 acres of public land
in the State, as generally depicted on the map entitled ‘‘Ancient
Bristlecone Pine Forest—Proposed’’ and dated July 16, 2008, is
designated as the ‘‘Ancient Bristlecone Pine Forest’’.
(b) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable, but not later
than 3 years after the date of enactment of this Act, the
Secretary shall file a map and legal description of the Forest
with—
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(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) FORCE OF LAW.—The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any errors in the map and legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest Service.
(c) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall administer the
Forest—
(A) in a manner that—
(i) protect the resources and values of the area
in accordance with the purposes for which the Forest
is established, as described in subsection (a); and
(ii) promotes the objectives of the applicable
management plan (as in effect on the date of enactment
of this Act), including objectives relating to—
(I) the protection of bristlecone pines for public
enjoyment and scientific study;
(II) the recognition of the botanical, scenic,
and historical values of the area; and
(III) the maintenance of near-natural conditions by ensuring that all activities are subordinate
to the needs of protecting and preserving
bristlecone pines and wood remnants; and
(B) in accordance with the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), this section,
and any other applicable laws.
(2) USES.—
(A) IN GENERAL.—The Secretary shall allow only such
uses of the Forest as the Secretary determines would further the purposes for which the Forest is established, as
described in subsection (a).
(B) SCIENTIFIC RESEARCH.—Scientific research shall be
allowed in the Forest in accordance with the Inyo National
Forest Land and Resource Management Plan (as in effect
on the date of enactment of this Act).
(3) WITHDRAWAL.—Subject to valid existing rights, all Federal land within the Forest is withdrawn from—
(A) all forms of entry, appropriation or disposal under
the public land laws;
(B) location, entry, and patent under the mining laws;
and
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
Subtitle L—Riverside County Wilderness,
California
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SEC. 1851. WILDERNESS DESIGNATION.
(a) DEFINITION
retary’’ means—
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SECRETARY.—In this section, the term ‘‘Sec-
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16 USC 1132
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(1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.
(b) DESIGNATION OF WILDERNESS, CLEVELAND AND SAN
BERNARDINO NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK,
AND BUREAU OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY,
CALIFORNIA.—
(1) DESIGNATIONS.—
(A) AGUA TIBIA WILDERNESS ADDITIONS.—In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain
land in the Cleveland National Forest and certain land
administered by the Bureau of Land Management in Riverside County, California, together comprising approximately
2,053 acres, as generally depicted on the map titled ‘‘Proposed Addition to Agua Tibia Wilderness’’, and dated May
9, 2008, is designated as wilderness and is incorporated
in, and shall be deemed to be a part of, the Agua Tibia
Wilderness designated by section 2(a) of Public Law 93–
632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(B) CAHUILLA MOUNTAIN WILDERNESS.—In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain
land in the San Bernardino National Forest, California,
comprising approximately 5,585 acres, as generally
depicted on the map titled ‘‘Cahuilla Mountain Proposed
Wilderness’’, and dated May 1, 2008, is designated as
wilderness and, therefore, as a component of the National
Wilderness Preservation System, which shall be known
as the ‘‘Cahuilla Mountain Wilderness’’.
(C) SOUTH FORK SAN JACINTO WILDERNESS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in the San Bernardino National Forest, California, comprising approximately 20,217 acres, as generally
depicted on the map titled ‘‘South Fork San Jacinto Proposed Wilderness’’, and dated May 1, 2008, is designated
as wilderness and, therefore, as a component of the
National Wilderness Preservation System, which shall be
known as the ‘‘South Fork San Jacinto Wilderness’’.
(D) SANTA ROSA WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in the San Bernardino National Forest, California, and certain land administered by the Bureau of
Land Management in Riverside County, California, comprising approximately 2,149 acres, as generally depicted
on the map titled ‘‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’’,
and dated March 12, 2008, is designated as wilderness
and is incorporated in, and shall be deemed to be a part
of, the Santa Rosa Wilderness designated by section
101(a)(28) of Public Law 98–425 (98 Stat. 1623; 16 U.S.C.
1132 note) and expanded by paragraph (59) of section 102
of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132
note).
(E) BEAUTY MOUNTAIN WILDERNESS.—In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain
land administered by the Bureau of Land Management
in Riverside County, California, comprising approximately
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1063
15,621 acres, as generally depicted on the map titled
‘‘Beauty Mountain Proposed Wilderness’’, and dated April
3, 2007, is designated as wilderness and, therefore, as
a component of the National Wilderness Preservation
System, which shall be known as the ‘‘Beauty Mountain
Wilderness’’.
(F) JOSHUA TREE NATIONAL PARK WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), certain land in Joshua Tree National Park,
comprising approximately 36,700 acres, as generally
depicted on the map numbered 156/80,055, and titled
‘‘Joshua Tree National Park Proposed Wilderness Additions’’, and dated March 2008, is designated as wilderness
and is incorporated in, and shall be deemed to be a part
of, the Joshua Tree Wilderness designated by section 1(g)
of Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note).
(G) OROCOPIA MOUNTAINS WILDERNESS ADDITIONS.—In
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), certain land administered by the Bureau of Land
Management in Riverside County, California, comprising
approximately 4,635 acres, as generally depicted on the
map titled ‘‘Orocopia Mountains Proposed Wilderness Addition’’, and dated May 8, 2008, is designated as wilderness
and is incorporated in, and shall be deemed to be a part
of, the Orocopia Mountains Wilderness as designated by
paragraph (44) of section 102 of Public Law 103–433 (108
Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness
boundaries established by this subsection in Township 7
South, Range 13 East, exclude—
(i) a corridor 250 feet north of the centerline of
the Bradshaw Trail;
(ii) a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that
flows between the Eagle Mountain Railroad on the
south and the existing Orocopia Mountains Wilderness
boundary; and
(iii) a corridor 250 feet from both sides of the
centerline of the vehicle route in the unnamed wash
that flows between the Chocolate Mountain Aerial
Gunnery Range on the south and the existing Orocopia
Mountains Wilderness boundary.
(H) PALEN/MCCOY WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 22,645 acres, as generally depicted on the map
titled ‘‘Palen-McCoy Proposed Wilderness Additions’’, and
dated May 8, 2008, is designated as wilderness and is
incorporated in, and shall be deemed to be a part of,
the Palen/McCoy Wilderness as designated by paragraph
(47) of section 102 of Public Law 103–433 (108 Stat. 4472;
16 U.S.C. 1132 note).
(I) PINTO MOUNTAINS WILDERNESS.—In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land
administered by the Bureau of Land Management in Riverside County, California, comprising approximately 24,404
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16 USC 1132
note.
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Effective date.
Federal Register,
publication.
Notice.
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acres, as generally depicted on the map titled ‘‘Pinto Mountains Proposed Wilderness’’, and dated February 21, 2008,
is designated as wilderness and, therefore, as a component
of the National Wilderness Preservation System, which
shall be known as the ‘‘Pinto Mountains Wilderness’’.
(J) CHUCKWALLA MOUNTAINS WILDERNESS ADDITIONS.—
In accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), certain land administered by the Bureau of Land
Management in Riverside County, California, comprising
approximately 12,815 acres, as generally depicted on the
map titled ‘‘Chuckwalla Mountains Proposed Wilderness
Addition’’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be
a part of the Chuckwalla Mountains Wilderness as designated by paragraph (12) of section 102 of Public Law
103–433 (108 Stat. 4472; 16 U.S.C. 1132 note).
(2) MAPS AND DESCRIPTIONS.—
(A) IN GENERAL.—As soon as practicable after the date
of the enactment of this Act, the Secretary shall file a
map and legal description of each wilderness area and
wilderness addition designated by this section with the
Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate.
(B) FORCE OF LAW.—A map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this section, except that the Secretary may correct errors in the map and legal description.
(C) PUBLIC AVAILABILITY.—Each map and legal description filed under subparagraph (A) shall be filed and made
available for public inspection in the appropriate office
of the Secretary.
(3) UTILITY FACILITIES.—Nothing in this section prohibits
the construction, operation, or maintenance, using standard
industry practices, of existing utility facilities located outside
of the wilderness areas and wilderness additions designated
by this section.
(c) JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.—
(1) DESIGNATION OF POTENTIAL WILDERNESS.—Certain land
in the Joshua Tree National Park, comprising approximately
43,300 acres, as generally depicted on the map numbered 156/
80,055, and titled ‘‘Joshua Tree National Park Proposed Wilderness Additions’’, and dated March 2008, is designated potential
wilderness and shall be managed by the Secretary of the
Interior insofar as practicable as wilderness until such time
as the land is designated as wilderness pursuant to paragraph
(2).
(2) DESIGNATION AS WILDERNESS.—The land designated
potential wilderness by paragraph (1) shall be designated as
wilderness and incorporated in, and be deemed to be a part
of, the Joshua Tree Wilderness designated by section 1(g) of
Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary of the Interior in the
Federal Register of a notice that—
(A) all uses of the land within the potential wilderness
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased; and
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(B) sufficient inholdings within the boundaries of the
potential wilderness have been acquired to establish a
manageable wilderness unit.
(3) MAP AND DESCRIPTION.—
(A) IN GENERAL.—As soon as practicable after the date
on which the notice required by paragraph (2) is published
in the Federal Register, the Secretary shall file a map
and legal description of the land designated as wilderness
and potential wilderness by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources
of the Senate.
(B) FORCE OF LAW.—The map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this section, except that the
Secretary may correct errors in the map and legal description.
(C) PUBLIC AVAILABILITY.—Each map and legal description filed under subparagraph (A) shall be filed and made
available for public inspection in the appropriate office
of the Secretary.
(d) ADMINISTRATION OF WILDERNESS.—
(1) MANAGEMENT.—Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this
section shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(A) any reference in that Act to the effective date
of that Act shall be deemed to be a reference to—
(i) the date of the enactment of this Act; or
(ii) in the case of the wilderness addition designated by subsection (c), the date on which the notice
required by such subsection is published in the Federal
Register; and
(B) any reference in that Act to the Secretary of Agriculture shall be deemed to be a reference to the Secretary
that has jurisdiction over the land.
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—
Any land within the boundaries of a wilderness area or wilderness addition designated by this section that is acquired by
the United States shall—
(A) become part of the wilderness area in which the
land is located; and
(B) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(3) WITHDRAWAL.—Subject to valid rights in existence on
the date of enactment of this Act, the land designated as
wilderness by this section is withdrawn from all forms of—
(A) entry, appropriation, or disposal under the public
land laws;
(B) location, entry, and patent under the mining laws;
and
(C) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(4) FIRE MANAGEMENT AND RELATED ACTIVITIES.—
(A) IN GENERAL.—The Secretary may take such measures in a wilderness area or wilderness addition designated
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by this section as are necessary for the control of fire,
insects, and diseases in accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House
Report 98–40 of the 98th Congress.
(B) FUNDING PRIORITIES.—Nothing in this section limits
funding for fire and fuels management in the wilderness
areas and wilderness additions designated by this section.
(C) REVISION AND DEVELOPMENT OF LOCAL FIRE
MANAGEMENT PLANS.—As soon as practicable after the date
of enactment of this Act, the Secretary shall amend the
local fire management plans that apply to the land designated as a wilderness area or wilderness addition by
this section.
(D) ADMINISTRATION.—Consistent with subparagraph
(A) and other applicable Federal law, to ensure a timely
and efficient response to fire emergencies in the wilderness
areas and wilderness additions designated by this section,
the Secretary shall—
(i) not later than 1 year after the date of enactment
of this Act, establish agency approval procedures
(including appropriate delegations of authority to the
Forest Supervisor, District Manager, or other agency
officials) for responding to fire emergencies; and
(ii) enter into agreements with appropriate State
or local firefighting agencies.
(5) GRAZING.—Grazing of livestock in a wilderness area
or wilderness addition designated by this section shall be
administered in accordance with the provisions of section 4(d)(4)
of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines
set forth in House Report 96–617 to accompany H.R. 5487
of the 96th Congress.
(6) NATIVE AMERICAN USES AND INTERESTS.—
(A) ACCESS AND USE.—To the extent practicable, the
Secretary shall ensure access to the Cahuilla Mountain
Wilderness by members of an Indian tribe for traditional
cultural purposes. In implementing this paragraph, the
Secretary, upon the request of an Indian tribe, may temporarily close to the general public use of one or more specific
portions of the wilderness area in order to protect the
privacy of traditional cultural activities in such areas by
members of the Indian tribe. Any such closure shall be
made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall
be consistent with the purpose and intent of Public Law
95–341 (42 U.S.C. 1996), commonly referred to as the American Indian Religious Freedom Act, and the Wilderness
Act (16 U.S.C. 1131 et seq.).
(B) INDIAN TRIBE DEFINED.—In this paragraph, the
term ‘‘Indian tribe’’ means any Indian tribe, band, nation,
or other organized group or community of Indians which
is recognized as eligible by the Secretary of the Interior
for the special programs and services provided by the
United States to Indians because of their status as Indians.
(7) MILITARY ACTIVITIES.—Nothing in this section precludes—
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Procedures.
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(A) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by this
section;
(B) the designation of new units of special airspace
over the wilderness areas or wilderness additions designated by this section; or
(C) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated by this section.
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SEC. 1852. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE
COUNTY, CALIFORNIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 1805) is amended by adding at
the end the following new paragraphs:
‘‘(200) NORTH FORK SAN JACINTO RIVER, CALIFORNIA.—The following segments of the North Fork San Jacinto River in the State
of California, to be administered by the Secretary of Agriculture:
‘‘(A) The 2.12-mile segment from the source of the North
Fork San Jacinto River at Deer Springs in Mt. San Jacinto
State Park to the State Park boundary, as a wild river.
‘‘(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian,
as a scenic river.
‘‘(C) The 0.68-mile segment from the Lawler Park boundary
to its confluence with Fuller Mill Creek, as a recreational
river.
‘‘(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing,
as a wild river.
‘‘(E) The 0.6-mile segment from .25 miles upstream of the
5S09 road crossing to its confluence with Stone Creek, as a
scenic river.
‘‘(F) The 2.91-mile segment from the Stone Creek confluence to the northern boundary of section 17, township 5
south, range 2 east, San Bernardino meridian, as a wild river.
‘‘(201) FULLER MILL CREEK, CALIFORNIA.—The following segments of Fuller Mill Creek in the State of California, to be administered by the Secretary of Agriculture:
‘‘(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
‘‘(B) The 0.9-mile segment in the Pine Wood property, as
a recreational river.
‘‘(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork
San Jacinto River, as a scenic river.
‘‘(202) PALM CANYON CREEK, CALIFORNIA.—The 8.1-mile segment of Palm Canyon Creek in the State of California from the
southern boundary of section 6, township 7 south, range 5 east,
San Bernardino meridian, to the San Bernardino National Forest
boundary in section 1, township 6 south, range 4 east, San
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Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river, and the Secretary shall enter into a cooperative management agreement with the Agua Caliente Band of
Cahuilla Indians to protect and enhance river values.
‘‘(203) BAUTISTA CREEK, CALIFORNIA.—The 9.8-mile segment
of Bautista Creek in the State of California from the San Bernardino
National Forest boundary in section 36, township 6 south, range
2 east, San Bernardino meridian, to the San Bernardino National
Forest boundary in section 2, township 6 south, range 1 east,
San Bernardino meridian, to be administered by the Secretary
of Agriculture as a recreational river.’’.
SEC. 1853. ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA
AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT.
(a) BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO
MOUNTAINS NATIONAL MONUMENT.—Section 2 of the Santa Rosa
and San Jacinto Mountains National Monument Act of 2000 (Public
Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended
by adding at the end the following new subsection:
‘‘(e) EXPANSION OF BOUNDARIES.—In addition to the land
described in subsection (c), the boundaries of the National Monument shall include the following lands identified as additions to
the National Monument on the map titled ‘Santa Rosa-San Jacinto
National Monument Expansion and Santa Rosa Wilderness Addition’, and dated March 12, 2008:
‘‘(1) The ‘Santa Rosa Peak Area Monument Expansion’.
‘‘(2) The ‘Snow Creek Area Monument Expansion’.
‘‘(3) The ‘Tahquitz Peak Area Monument Expansion’.
‘‘(4) The ‘Southeast Area Monument Expansion’, which is
designated as wilderness in section 512(d), and is thus incorporated into, and shall be deemed part of, the Santa Rosa
Wilderness.’’.
(b) TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000.—Section
7(d) of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C.
431 note) is amended by striking ‘‘eight’’ and inserting ‘‘a majority
of the appointed’’.
Subtitle M—Sequoia and Kings Canyon
National Parks Wilderness, California
SEC. 1901. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) STATE.—The term ‘‘State’’ means the State of California.
SEC. 1902. DESIGNATION OF WILDERNESS AREAS.
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In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as wilderness
areas and as components of the National Wilderness Preservation
System:
(1) JOHN KREBS WILDERNESS.—
(A) DESIGNATION.—Certain land in Sequoia and Kings
Canyon National Parks, comprising approximately 39,740
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acres of land, and 130 acres of potential wilderness additions as generally depicted on the map numbered 102/
60014b, titled ‘‘John Krebs Wilderness’’, and dated September 16, 2008.
(B) EFFECT.—Nothing in this paragraph affects—
(i) the cabins in, and adjacent to, Mineral King
Valley; or
(ii) the private inholdings known as ‘‘Silver City’’
and ‘‘Kaweah Han’’.
(C) POTENTIAL WILDERNESS ADDITIONS.—The designation of the potential wilderness additions under subparagraph (A) shall not prohibit the operation, maintenance,
and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The Secretary is authorized
to allow the use of helicopters for the operation, maintenance, and repair of the small check dams and water
impoundments on Lower Franklin Lake, Crystal Lake,
Upper Monarch Lake, and Eagle Lake. The potential
wilderness additions shall be designated as wilderness and
incorporated into the John Krebs Wilderness established
by this section upon termination of the non-conforming
uses.
(2) SEQUOIA-KINGS CANYON WILDERNESS ADDITION.—Certain
land in Sequoia and Kings Canyon National Parks, California,
comprising approximately 45,186 acres as generally depicted
on the map titled ‘‘Sequoia-Kings Canyon Wilderness Addition’’,
numbered 102/60015a, and dated March 10, 2008, is incorporated in, and shall be considered to be a part of, the SequoiaKings Canyon Wilderness.
(3) RECOMMENDED WILDERNESS.—Land in Sequoia and
Kings Canyon National Parks that was managed as of the
date of enactment of this Act as recommended or proposed
wilderness but not designated by this section as wilderness
shall continue to be managed as recommended or proposed
wilderness, as appropriate.
16 USC 1132
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SEC. 1903. ADMINISTRATION OF WILDERNESS AREAS.
(a) IN GENERAL.—Subject to valid existing rights, each area
designated as wilderness by this subtitle shall be administered
by the Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that any reference in the Wilderness Act
to the effective date of the Wilderness Act shall be considered
to be a reference to the date of enactment of this Act.
(b) MAP AND LEGAL DESCRIPTION.—
(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION.—As soon
as practicable, but not later than 3 years, after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each area designated as wilderness by this
subtitle with—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) FORCE AND EFFECT.—The map and legal description
filed under paragraph (1) shall have the same force and effect
as if included in this subtitle, except that the Secretary may
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correct any clerical or typographical error in the map or legal
description.
(3) PUBLIC AVAILABILITY.—The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the Office of the Secretary.
(c) HYDROLOGIC, METEOROLOGIC, AND CLIMATOLOGICAL
DEVICES, FACILITIES, AND ASSOCIATED EQUIPMENT.—The Secretary
shall continue to manage maintenance and access to hydrologic,
meteorologic, and climatological devices, facilities and associated
equipment consistent with House Report 98–40.
(d) AUTHORIZED ACTIVITIES OUTSIDE WILDERNESS.—Nothing in
this subtitle precludes authorized activities conducted outside of
an area designated as wilderness by this subtitle by cabin owners
(or designees) in the Mineral King Valley area or property owners
or lessees (or designees) in the Silver City inholding, as identified
on the map described in section 1902(1)(A).
(e) HORSEBACK RIDING.—Nothing in this subtitle precludes
horseback riding in, or the entry of recreational or commercial
saddle or pack stock into, an area designated as wilderness by
this subtitle—
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 1904. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle N—Rocky Mountain National Park
Wilderness, Colorado
SEC. 1951. DEFINITIONS.
In this subtitle:
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rocky
Mountain National Park Wilderness Act of 2007’’ and dated
September 2006.
(2) PARK.—The term ‘‘Park’’ means Rocky Mountain
National Park located in the State of Colorado.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) TRAIL.—The term ‘‘Trail’’ means the East Shore Trail
established under section 1954(a).
(5) WILDERNESS.—The term ‘‘Wilderness’’ means the wilderness designated by section 1952(a).
SEC. 1952. ROCKY MOUNTAIN NATIONAL PARK WILDERNESS, COLORADO.
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(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness
and as a component of the National Wilderness Preservation System
approximately 249,339 acres of land in the Park, as generally
depicted on the map.
(b) MAP AND BOUNDARY DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall—
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(A) prepare a map and boundary description of the
Wilderness; and
(B) submit the map and boundary description prepared
under subparagraph (A) to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives.
(2) AVAILABILITY; FORCE OF LAW.—The map and boundary
description submitted under paragraph (1)(B) shall—
(A) be on file and available for public inspection in
appropriate offices of the National Park Service; and
(B) have the same force and effect as if included in
this subtitle.
(c) INCLUSION OF POTENTIAL WILDERNESS.—
(1) IN GENERAL.—On publication in the Federal Register
of a notice by the Secretary that all uses inconsistent with
the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on
the land identified on the map as a ‘‘Potential Wilderness
Area’’, the land shall be—
(A) included in the Wilderness; and
(B) administered in accordance with subsection (e).
(2) BOUNDARY DESCRIPTION.—On inclusion in the Wilderness of the land referred to in paragraph (1), the Secretary
shall modify the map and boundary description submitted under
subsection (b) to reflect the inclusion of the land.
(d) EXCLUSION OF CERTAIN LAND.—The following areas are
specifically excluded from the Wilderness:
(1) The Grand River Ditch (including the main canal of
the Grand River Ditch and a branch of the main canal known
as the Specimen Ditch), the right-of-way for the Grand River
Ditch, land 200 feet on each side of the center line of the
Grand River Ditch, and any associated appurtenances, structures, buildings, camps, and work sites in existence as of June
1, 1998.
(2) Land owned by the St. Vrain & Left Hand Water
Conservancy District, including Copeland Reservoir and the
Inlet Ditch to the Reservoir from North St. Vrain Creek, comprising approximately 35.38 acres.
(3) Land owned by the Wincenstsen-Harms Trust, comprising approximately 2.75 acres.
(4) Land within the area depicted on the map as the
‘‘East Shore Trail Area’’.
(e) ADMINISTRATION.—Subject to valid existing rights, any land
designated as wilderness under this section or added to the Wilderness after the date of enactment of this Act under subsection
(c) shall be administered by the Secretary in accordance with this
subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except
that—
(1) any reference in the Wilderness Act (16 U.S.C. 1131
et seq.) to the effective date of that Act shall be considered
to be a reference to the date of enactment of this Act, or
the date on which the additional land is added to the Wilderness, respectively; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131
et seq.) to the Secretary of Agriculture shall be considered
to be a reference to the Secretary.
(f) WATER RIGHTS.—
(1) FINDINGS.—Congress finds that—
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(A) the United States has existing rights to water
within the Park;
(B) the existing water rights are sufficient for the
purposes of the Wilderness; and
(C) based on the findings described in subparagraphs
(A) and (B), there is no need for the United States to
reserve or appropriate any additional water rights to fulfill
the purposes of the Wilderness.
(2) EFFECT.—Nothing in this subtitle—
(A) constitutes an express or implied reservation by
the United States of water or water rights for any purpose;
or
(B) modifies or otherwise affects any existing water
rights held by the United States for the Park.
(g) FIRE, INSECT, AND DISEASE CONTROL.—The Secretary may
take such measures in the Wilderness as are necessary to control
fire, insects, and diseases, as are provided for in accordance with—
(1) the laws applicable to the Park; and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
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SEC. 1953. GRAND RIVER DITCH AND COLORADO-BIG THOMPSON
PROJECTS.
(a) CONDITIONAL WAIVER OF STRICT LIABILITY.—During any
period in which the Water Supply and Storage Company (or any
successor in interest to the company with respect to the Grand
River Ditch) operates and maintains the portion of the Grand
River Ditch in the Park in compliance with an operations and
maintenance agreement between the Water Supply and Storage
Company and the National Park Service, the provisions of paragraph (6) of the stipulation approved June 28, 1907—
(1) shall be suspended; and
(2) shall not be enforceable against the Company (or any
successor in interest).
(b) AGREEMENT.—The agreement referred to in subsection (a)
shall—
(1) ensure that—
(A) Park resources are managed in accordance with
the laws generally applicable to the Park, including—
(i) the Act of January 26, 1915 (16 U.S.C. 191
et seq.); and
(ii) the National Park Service Organic Act (16
U.S.C. 1 et seq.);
(B) Park land outside the right-of-way corridor remains
unimpaired consistent with the National Park Service
management policies in effect as of the date of enactment
of this Act; and
(C) any use of Park land outside the right-of-way corridor (as of the date of enactment of this Act) shall be
permitted only on a temporary basis, subject to such terms
and conditions as the Secretary determines to be necessary;
and
(2) include stipulations with respect to—
(A) flow monitoring and early warning measures;
(B) annual and periodic inspections;
(C) an annual maintenance plan;
(D) measures to identify on an annual basis capital
improvement needs; and
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(E) the development of plans to address the needs
identified under subparagraph (D).
(c) LIMITATION.—Nothing in this section limits or otherwise
affects—
(1) the liability of any individual or entity for damages
to, loss of, or injury to any resource within the Park resulting
from any cause or event that occurred before the date of enactment of this Act; or
(2) Public Law 101–337 (16 U.S.C. 19jj et seq.), including
the defenses available under that Act for damage caused—
(A) solely by—
(i) an act of God;
(ii) an act of war; or
(iii) an act or omission of a third party (other
than an employee or agent); or
(B) by an activity authorized by Federal or State law.
(d) COLORADO-BIG THOMPSON PROJECT AND WINDY GAP
PROJECT.—
(1) IN GENERAL.—Nothing in this subtitle, including the
designation of the Wilderness, prohibits or affects current and
future operation and maintenance activities in, under, or
affecting the Wilderness that were allowed as of the date of
enactment of this Act under the Act of January 26, 1915 (16
U.S.C. 191), relating to the Alva B. Adams Tunnel or other
Colorado–Big Thompson Project facilities located within the
Park.
(2) ALVA B. ADAMS TUNNEL.—Nothing in this subtitle,
including the designation of the Wilderness, prohibits or
restricts the conveyance of water through the Alva B. Adams
Tunnel for any purpose.
(e) RIGHT-OF-WAY.—Notwithstanding the Act of March 3, 1891
(43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951),
the right of way for the Grand River Ditch shall not be terminated,
forfeited, or otherwise affected as a result of the water transported
by the Grand River Ditch being used primarily for domestic purposes or any purpose of a public nature, unless the Secretary
determines that the change in the main purpose or use adversely
affects the Park.
(f) NEW RECLAMATION PROJECTS.—Nothing in the first section
of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed
to allow development in the Wilderness of any reclamation project
not in existence as of the date of enactment of this Act.
(g) CLARIFICATION OF MANAGEMENT AUTHORITY.—Nothing in
this section reduces or limits the authority of the Secretary to
manage land and resources within the Park under applicable law.
Determination.
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SEC. 1954. EAST SHORE TRAIL AREA.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish within the East
Shore Trail Area in the Park an alignment line for a trail, to
be known as the ‘‘East Shore Trail’’, to maximize the opportunity
for sustained use of the Trail without causing—
(1) harm to affected resources; or
(2) conflicts among users.
(b) BOUNDARIES.—
(1) IN GENERAL.—After establishing the alignment line for
the Trail under subsection (a), the Secretary shall—
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(A) identify the boundaries of the Trail, which shall
not extend more than 25 feet east of the alignment line
or be located within the Wilderness; and
(B) modify the map of the Wilderness prepared under
section 1952(b)(1)(A) so that the western boundary of the
Wilderness is 50 feet east of the alignment line.
(2) ADJUSTMENTS.—To the extent necessary to protect Park
resources, the Secretary may adjust the boundaries of the Trail,
if the adjustment does not place any portion of the Trail within
the boundary of the Wilderness.
(c) INCLUSION IN WILDERNESS.—On completion of the construction of the Trail, as authorized by the Secretary—
(1) any portion of the East Shore Trail Area that is not
traversed by the Trail, that is not west of the Trail, and
that is not within 50 feet of the centerline of the Trail shall
be—
(A) included in the Wilderness; and
(B) managed as part of the Wilderness in accordance
with section 1952; and
(2) the Secretary shall modify the map and boundary
description of the Wilderness prepared under section
1952(b)(1)(A) to reflect the inclusion of the East Shore Trail
Area land in the Wilderness.
(d) EFFECT.—Nothing in this section—
(1) requires the construction of the Trail along the alignment line established under subsection (a); or
(2) limits the extent to which any otherwise applicable
law or policy applies to any decision with respect to the
construction of the Trail.
(e) RELATION TO LAND OUTSIDE WILDERNESS.—
(1) IN GENERAL.—Except as provided in this subsection,
nothing in this subtitle affects the management or use of any
land not included within the boundaries of the Wilderness
or the potential wilderness land.
(2) MOTORIZED VEHICLES AND MACHINERY.—No use of
motorized vehicles or other motorized machinery that was not
permitted on March 1, 2006, shall be allowed in the East
Shore Trail Area except as the Secretary determines to be
necessary for use in—
(A) constructing the Trail, if the construction is authorized by the Secretary; or
(B) maintaining the Trail.
(3) MANAGEMENT OF LAND BEFORE INCLUSION.—Until the
Secretary authorizes the construction of the Trail and the use
of the Trail for non-motorized bicycles, the East Shore Trail
Area shall be managed—
(A) to protect any wilderness characteristics of the
East Shore Trail Area; and
(B) to maintain the suitability of the East Shore Trail
Area for inclusion in the Wilderness.
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SEC. 1955. NATIONAL FOREST AREA BOUNDARY ADJUSTMENTS.
(a) INDIAN PEAKS WILDERNESS BOUNDARY ADJUSTMENT.—Section 3(a) of the Indian Peaks Wilderness Area, the Arapaho National
Recreation Area and the Oregon Islands Wilderness Area Act (16
U.S.C. 1132 note; Public Law 95–450) is amended—
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(1) by striking ‘‘seventy thousand acres’’ and inserting
‘‘74,195 acres’’; and
(2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and
dated May 2007’’.
(b) ARAPAHO NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT.—Section 4(a) of the Indian Peaks Wilderness Area, the
Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 460jj(a)) is amended—
(1) by striking ‘‘thirty-six thousand two hundred thirtyfive acres’’ and inserting ‘‘35,235 acres’’; and
(2) by striking ‘‘, dated July 1978’’ and inserting ‘‘and
dated May 2007’’.
SEC. 1956. AUTHORITY TO LEASE LEIFFER TRACT.
(a) IN GENERAL.—Section 3(k) of Public Law 91–383 (16 U.S.C.
1a–2(k)) shall apply to the parcel of land described in subsection
(b).
(b) DESCRIPTION OF THE LAND.—The parcel of land referred
to in subsection (a) is the parcel of land known as the ‘‘Leiffer
tract’’ that is—
(1) located near the eastern boundary of the Park in
Larimer County, Colorado; and
(2) administered by the National Park Service.
Applicability.
Subtitle O—Washington County, Utah
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SEC. 1971. DEFINITIONS.
In this subtitle:
(1) BEAVER DAM WASH NATIONAL CONSERVATION AREA
MAP.—The term ‘‘Beaver Dam Wash National Conservation
Area Map’’ means the map entitled ‘‘Beaver Dam Wash
National Conservation Area’’ and dated December 18, 2008.
(2) CANAAN MOUNTAIN WILDERNESS MAP.—The term
‘‘Canaan Mountain Wilderness Map’’ means the map entitled
‘‘Canaan Mountain Wilderness’’ and dated June 21, 2008.
(3) COUNTY.—The term ‘‘County’’ means Washington
County, Utah.
(4) NORTHEASTERN WASHINGTON COUNTY WILDERNESS
MAP.—The term ‘‘Northeastern Washington County Wilderness
Map’’ means the map entitled ‘‘Northeastern Washington
County Wilderness’’ and dated November 12, 2008.
(5) NORTHWESTERN WASHINGTON COUNTY WILDERNESS
MAP.—The term ‘‘Northwestern Washington County Wilderness
Map’’ means the map entitled ‘‘Northwestern Washington
County Wilderness’’ and dated June 21, 2008.
(6) RED CLIFFS NATIONAL CONSERVATION AREA MAP.—The
term ‘‘Red Cliffs National Conservation Area Map’’ means the
map entitled ‘‘Red Cliffs National Conservation Area’’ and dated
November 12, 2008.
(7) SECRETARY.—The term ‘‘Secretary’’ means—
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(8) STATE.—The term ‘‘State’’ means the State of Utah.
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PUBLIC LAW 111–11—MAR. 30, 2009
(9) WASHINGTON COUNTY GROWTH AND CONSERVATION ACT
MAP.—The term ‘‘Washington County Growth and Conservation
Act Map’’ means the map entitled ‘‘Washington County Growth
and Conservation Act Map’’ and dated November 13, 2008.
SEC. 1972. WILDERNESS AREAS.
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(a) ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.—
(1) ADDITIONS.—Subject to valid existing rights, the following land in the State is designated as wilderness and as
components of the National Wilderness Preservation System:
(A) BEARTRAP CANYON.—Certain Federal land managed
by the Bureau of Land Management, comprising approximately 40 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ‘‘Beartrap Canyon Wilderness’’.
(B) BLACKRIDGE.—Certain Federal land managed by
the Bureau of Land Management, comprising approximately 13,015 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall
be known as the ‘‘Blackridge Wilderness’’.
(C) CANAAN MOUNTAIN.—Certain Federal land in the
County managed by the Bureau of Land Management,
comprising approximately 44,531 acres, as generally
depicted on the Canaan Mountain Wilderness Map, which
shall be known as the ‘‘Canaan Mountain Wilderness’’.
(D) COTTONWOOD CANYON.—Certain Federal land managed by the Bureau of Land Management, comprising
approximately 11,712 acres, as generally depicted on the
Red Cliffs National Conservation Area Map, which shall
be known as the ‘‘Cottonwood Canyon Wilderness’’.
(E) COTTONWOOD FOREST.—Certain Federal land managed by the Forest Service, comprising approximately 2,643
acres, as generally depicted on the Red Cliffs National
Conservation Area Map, which shall be known as the
‘‘Cottonwood Forest Wilderness’’.
(F) COUGAR CANYON.—Certain Federal land managed
by the Bureau of Land Management, comprising approximately 10,409 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall
be known as the ‘‘Cougar Canyon Wilderness’’.
(G) DEEP CREEK.—Certain Federal land managed by
the Bureau of Land Management, comprising approximately 3,284 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall
be known as the ‘‘Deep Creek Wilderness’’.
(H) DEEP CREEK NORTH.—Certain Federal land managed by the Bureau of Land Management, comprising
approximately 4,262 acres, as generally depicted on the
Northeastern Washington County Wilderness Map, which
shall be known as the ‘‘Deep Creek North Wilderness’’.
(I) DOC’S PASS.—Certain Federal land managed by the
Bureau of Land Management, comprising approximately
17,294 acres, as generally depicted on the Northwestern
Washington County Wilderness Map, which shall be known
as the ‘‘Doc’s Pass Wilderness’’.
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123 STAT. 1077
(J) GOOSE CREEK.—Certain Federal land managed by
the Bureau of Land Management, comprising approximately 98 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ‘‘Goose Creek Wilderness’’.
(K) LAVERKIN CREEK.—Certain Federal land managed
by the Bureau of Land Management, comprising approximately 445 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ‘‘LaVerkin Creek Wilderness’’.
(L) RED BUTTE.—Certain Federal land managed by
the Bureau of Land Management, comprising approximately 1,537 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall
be known as the ‘‘Red Butte Wilderness’’.
(M) RED MOUNTAIN.—Certain Federal land managed
by the Bureau of Land Management, comprising approximately 18,729 acres, as generally depicted on the Red
Cliffs National Conservation Area Map, which shall be
known as the ‘‘Red Mountain Wilderness’’.
(N) SLAUGHTER CREEK.—Certain Federal land managed by the Bureau of Land Management, comprising
approximately 3,901 acres, as generally depicted on the
Northwestern Washington County Wilderness Map, which
shall be known as the ‘‘Slaughter Creek Wilderness’’.
(O) TAYLOR CREEK.—Certain Federal land managed
by the Bureau of Land Management, comprising approximately 32 acres, as generally depicted on the Northeastern
Washington County Wilderness Map, which shall be known
as the ‘‘Taylor Creek Wilderness’’.
(2) MAPS AND LEGAL DESCRIPTIONS.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives a map and legal description of
each wilderness area designated by paragraph (1).
(B) FORCE AND EFFECT.—Each map and legal description submitted under subparagraph (A) shall have the same
force and effect as if included in this subtitle, except that
the Secretary may correct any clerical or typographical
errors in the map or legal description.
(C) AVAILABILITY.—Each map and legal description
submitted under subparagraph (A) shall be available in
the appropriate offices of—
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(b) ADMINISTRATION OF WILDERNESS AREAS.—
(1) MANAGEMENT.—Subject to valid existing rights, each
area designated as wilderness by subsection (a)(1) shall be
administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(A) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference
to the date of enactment of this Act; and
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123 STAT. 1078
PUBLIC LAW 111–11—MAR. 30, 2009
(B) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference
to the Secretary that has jurisdiction over the land.
(2) LIVESTOCK.—The grazing of livestock in each area designated as wilderness by subsection (a)(1), where established
before the date of enactment of this Act, shall be permitted
to continue—
(A) subject to such reasonable regulations, policies,
and practices that the Secretary considers necessary; and
(B) in accordance with—
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R.
2570 of the 101st Congress (H.Rep. 101–405) and H.R.
5487 of the 96th Congress (H. Rept. 96–617).
(3) WILDFIRE, INSECT, AND DISEASE MANAGEMENT.—In
accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take such measures in each
area designated as wilderness by subsection (a)(1) as the Secretary determines to be necessary for the control of fire, insects,
and diseases (including, as the Secretary determines to be
appropriate, the coordination of those activities with a State
or local agency).
(4) BUFFER ZONES.—
(A) IN GENERAL.—Nothing in this section creates a
protective perimeter or buffer zone around any area designated as wilderness by subsection (a)(1).
(B) ACTIVITIES OUTSIDE WILDERNESS.—The fact that
an activity or use on land outside any area designated
as wilderness by subsection (a)(1) can be seen or heard
within the wilderness shall not preclude the activity or
use outside the boundary of the wilderness.
(5) MILITARY OVERFLIGHTS.—Nothing in this section
restricts or precludes—
(A) low-level overflights of military aircraft over any
area designated as wilderness by subsection (a)(1),
including military overflights that can be seen or heard
within any wilderness area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special
use airspace, or the establishment of military flight training
routes over any wilderness area.
(6) ACQUISITION AND INCORPORATION OF LAND AND
INTERESTS IN LAND.—
(A) ACQUISITION AUTHORITY.—In accordance with
applicable laws (including regulations), the Secretary may
acquire any land or interest in land within the boundaries
of the wilderness areas designated by subsection (a)(1)
by purchase from willing sellers, donation, or exchange.
(B) INCORPORATION.—Any land or interest in land
acquired by the Secretary under subparagraph (A) shall
be incorporated into, and administered as a part of, the
wilderness area in which the land or interest in land is
located.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1079
(7) NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.—
Nothing in this section diminishes—
(A) the rights of any Indian tribe; or
(B) any tribal rights regarding access to Federal land
for tribal activities, including spiritual, cultural, and traditional food-gathering activities.
(8) CLIMATOLOGICAL DATA COLLECTION.—In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to
such terms and conditions as the Secretary may prescribe,
the Secretary may authorize the installation and maintenance
of hydrologic, meteorologic, or climatological collection devices
in the wilderness areas designated by subsection (a)(1) if the
Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
(9) WATER RIGHTS.—
(A) STATUTORY CONSTRUCTION.—Nothing in this section—
(i) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to
the land designated as wilderness by subsection (a)(1);
(ii) shall affect any water rights in the State
existing on the date of enactment of this Act, including
any water rights held by the United States;
(iii) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(iv) shall affect the interpretation of, or any designation made pursuant to, any other Act; or
(v) shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or
equitable apportionment decrees that apportion water
among and between the State and other States.
(B) STATE WATER LAW.—The Secretary shall follow the
procedural and substantive requirements of the law of the
State in order to obtain and hold any water rights not
in existence on the date of enactment of this Act with
respect to the wilderness areas designated by subsection
(a)(1).
(10) FISH AND WILDLIFE.—
(A) JURISDICTION OF STATE.—Nothing in this section
affects the jurisdiction of the State with respect to fish
and wildlife on public land located in the State.
(B) AUTHORITY OF SECRETARY.—In furtherance of the
purposes and principles of the Wilderness Act (16 U.S.C.
1131 et seq.), the Secretary may carry out management
activities to maintain or restore fish and wildlife populations (including activities to maintain and restore fish
and wildlife habitats to support the populations) in any
wilderness area designated by subsection (a)(1) if the activities are—
(i) consistent with applicable wilderness management plans; and
(ii) carried out in accordance with—
(I) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
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Determination.
Deadline.
16 USC 346a–6.
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PUBLIC LAW 111–11—MAR. 30, 2009
(II) applicable guidelines and policies,
including applicable policies described in Appendix
B of House Report 101–405.
(11) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to
paragraph (12), the Secretary may authorize structures and
facilities, including existing structures and facilities, for wildlife
water development projects, including guzzlers, in the wilderness areas designated by subsection (a)(1) if—
(A) the structures and facilities will, as determined
by the Secretary, enhance wilderness values by promoting
healthy, viable, and more naturally distributed wildlife
populations; and
(B) the visual impacts of the structures and facilities
on the wilderness areas can reasonably be minimized.
(12) COOPERATIVE AGREEMENT.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall enter
into a cooperative agreement with the State that specifies the
terms and conditions under which wildlife management activities in the wilderness areas designated by subsection (a)(1)
may be carried out.
(c) RELEASE OF WILDERNESS STUDY AREAS.—
(1) FINDING.—Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau of Land Management has been adequately
studied for wilderness designation.
(2) RELEASE.—Any public land described in paragraph (1)
that is not designated as wilderness by subsection (a)(1)—
(A) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)); and
(B) shall be managed in accordance with applicable
law and the land management plans adopted under section
202 of that Act (43 U.S.C. 1712).
(d) TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL
PARK SERVICE.—Administrative jurisdiction over the land identified
as the Watchman Wilderness on the Northeastern Washington
County Wilderness Map is hereby transferred to the National Park
Service, to be included in, and administered as part of Zion National
Park.
SEC. 1973. ZION NATIONAL PARK WILDERNESS.
(a) DEFINITIONS.—In this section:
(1) FEDERAL LAND.—The term ‘‘Federal land’’ means certain
Federal land—
(A) that is—
(i) located in the County and Iron County, Utah;
and
(ii) managed by the National Park Service;
(B) consisting of approximately 124,406 acres; and
(C) as generally depicted on the Zion National Park
Wilderness Map and the area added to the park under
section 1972(d).
(2) WILDERNESS AREA.—The term ‘‘Wilderness Area’’ means
the Zion Wilderness designated by subsection (b)(1).
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123 STAT. 1081
(3) ZION NATIONAL PARK WILDERNESS MAP.—The term ‘‘Zion
National Park Wilderness Map’’ means the map entitled ‘‘Zion
National Park Wilderness’’ and dated April 2008.
(b) ZION NATIONAL PARK WILDERNESS.—
(1) DESIGNATION.—Subject to valid existing rights, the Federal land is designated as wilderness and as a component
of the National Wilderness Preservation System, to be known
as the ‘‘Zion Wilderness’’.
(2) INCORPORATION OF ACQUIRED LAND.—Any land located
in the Zion National Park that is acquired by the Secretary
through a voluntary sale, exchange, or donation may, on the
recommendation of the Secretary, become part of the Wilderness Area, in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.).
(3) MAP AND LEGAL DESCRIPTION.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall submit to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives a map and legal description of
the Wilderness Area.
(B) FORCE AND EFFECT.—The map and legal description
submitted under subparagraph (A) shall have the same
force and effect as if included in this Act, except that
the Secretary may correct any clerical or typographical
errors in the map or legal description.
(C) AVAILABILITY.—The map and legal description submitted under subparagraph (A) shall be available in the
appropriate offices of the National Park Service.
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SEC. 1974. RED CLIFFS NATIONAL CONSERVATION AREA.
16 USC 460www.
(a) PURPOSES.—The purposes of this section are—
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation
Area; and
(2) to protect each species that is—
(A) located in the National Conservation Area; and
(B) listed as a threatened or endangered species on
the list of threatened species or the list of endangered
species published under section 4(c)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c)(1)).
(b) DEFINITIONS.—In this section:
(1) HABITAT CONSERVATION PLAN.—The term ‘‘habitat conservation plan’’ means the conservation plan entitled ‘‘Washington County Habitat Conservation Plan’’ and dated February
23, 1996.
(2) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the National Conservation
Area developed by the Secretary under subsection (d)(1).
(3) NATIONAL CONSERVATION AREA.—The term ‘‘National
Conservation Area’’ means the Red Cliffs National Conservation
Area that—
(A) consists of approximately 44,725 acres of public
land in the County, as generally depicted on the Red Cliffs
National Conservation Area Map; and
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(B) is established by subsection (c).
(4) PUBLIC USE PLAN.—The term ‘‘public use plan’’ means
the use plan entitled ‘‘Red Cliffs Desert Reserve Public Use
Plan’’ and dated June 12, 2000, as amended.
(5) RESOURCE MANAGEMENT PLAN.—The term ‘‘resource
management plan’’ means the management plan entitled ‘‘St.
George Field Office Resource Management Plan’’ and dated
March 15, 1999, as amended.
(c) ESTABLISHMENT.—Subject to valid existing rights, there is
established in the State the Red Cliffs National Conservation Area.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act and in accordance with paragraph
(2), the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) CONSULTATION.—In developing the management plan
required under paragraph (1), the Secretary shall consult
with—
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) INCORPORATION OF PLANS.—In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any
provision of—
(A) the habitat conservation plan;
(B) the resource management plan; and
(C) the public use plan.
(e) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the National
Conservation Area—
(A) in a manner that conserves, protects, and enhances
the resources of the National Conservation Area; and
(B) in accordance with—
(i) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) USES.—The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further a purpose described in subsection (a).
(3) MOTORIZED VEHICLES.—Except in cases in which motorized vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles in
the National Conservation Area shall be permitted only on
roads designated by the management plan for the use of motorized vehicles.
(4) GRAZING.—The grazing of livestock in the National Conservation Area, where established before the date of enactment
of this Act, shall be permitted to continue—
(A) subject to—
(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and
(ii) applicable law; and
(B) in a manner consistent with the purposes described
in subsection (a).
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(5) WILDLAND FIRE OPERATIONS.—Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
(f) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any
land or interest in land that is located in the National Conservation
Area that is acquired by the United States shall—
(1) become part of the National Conservation Area; and
(2) be managed in accordance with—
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) WITHDRAWAL.—
(1) IN GENERAL.—Subject to valid existing rights, all Federal land located in the National Conservation Area are withdrawn from—
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patenting under the mining
laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) ADDITIONAL LAND.—If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the date
of acquisition of the land.
(h) EFFECT.—Nothing in this section prohibits the authorization
of the development of utilities within the National Conservation
Area if the development is carried out in accordance with—
(1) each utility development protocol described in the
habitat conservation plan; and
(2) any other applicable law (including regulations).
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SEC. 1975. BEAVER DAM WASH NATIONAL CONSERVATION AREA.
16 USC 460xxx.
(a) PURPOSE.—The purpose of this section is to conserve, protect, and enhance for the benefit and enjoyment of present and
future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of
the Beaver Dam Wash National Conservation Area.
(b) DEFINITIONS.—In this section:
(1) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the National Conservation
Area developed by the Secretary under subsection (d)(1).
(2) NATIONAL CONSERVATION AREA.—The term ‘‘National
Conservation Area’’ means the Beaver Dam Wash National
Conservation Area that—
(A) consists of approximately 68,083 acres of public
land in the County, as generally depicted on the Beaver
Dam Wash National Conservation Area Map; and
(B) is established by subsection (c).
(c) ESTABLISHMENT.—Subject to valid existing rights, there is
established in the State the Beaver Dam Wash National Conservation Area.
(d) MANAGEMENT PLAN.—
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(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act and in accordance with paragraph
(2), the Secretary shall develop a comprehensive plan for the
long-term management of the National Conservation Area.
(2) CONSULTATION.—In developing the management plan
required under paragraph (1), the Secretary shall consult
with—
(A) appropriate State, tribal, and local governmental
entities; and
(B) members of the public.
(3) MOTORIZED VEHICLES.—In developing the management
plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3).
(e) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the National
Conservation Area—
(A) in a manner that conserves, protects, and enhances
the resources of the National Conservation Area; and
(B) in accordance with—
(i) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) USES.—The Secretary shall only allow uses of the
National Conservation Area that the Secretary determines
would further the purpose described in subsection (a).
(3) MOTORIZED VEHICLES.—
(A) IN GENERAL.—Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles
in the National Conservation Area shall be permitted only
on roads designated by the management plan for the use
of motorized vehicles.
(B) ADDITIONAL REQUIREMENT RELATING TO CERTAIN
AREAS LOCATED IN THE NATIONAL CONSERVATION AREA.—
In addition to the requirement described in subparagraph
(A), with respect to the areas designated on the Beaver
Dam Wash National Conservation Area Map as ‘‘Designated Road Areas’’, motorized vehicles shall be permitted
only on the roads identified on such map.
(4) GRAZING.—The grazing of livestock in the National Conservation Area, where established before the date of enactment
of this Act, shall be permitted to continue—
(A) subject to—
(i) such reasonable regulations, policies, and practices as the Secretary considers necessary; and
(ii) applicable law (including regulations); and
(B) in a manner consistent with the purpose described
in subsection (a).
(5) WILDLAND FIRE OPERATIONS.—Nothing in this section
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Conservation Area,
consistent with the purposes of this section.
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(f) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any
land or interest in land that is located in the National Conservation
Area that is acquired by the United States shall—
(1) become part of the National Conservation Area; and
(2) be managed in accordance with—
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law (including regulations).
(g) WITHDRAWAL.—
(1) IN GENERAL.—Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from—
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patenting under the mining
laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) ADDITIONAL LAND.—If the Secretary acquires additional
land that is located in the National Conservation Area after
the date of enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the date
of acquisition of the land.
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SEC. 1976. ZION NATIONAL PARK WILD AND SCENIC RIVER DESIGNATION.
(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 1852) is amended
by adding at the end the following:
‘‘(204) ZION NATIONAL PARK, UTAH.—The approximately
165.5 miles of segments of the Virgin River and tributaries
of the Virgin River across Federal land within and adjacent
to Zion National Park, as generally depicted on the map entitled
‘Wild and Scenic River Segments Zion National Park and
Bureau of Land Management’ and dated April 2008, to be
administered by the Secretary of the Interior in the following
classifications:
‘‘(A) TAYLOR CREEK.—The 4.5-mile segment from the
junction of the north, middle, and south forks of Taylor
Creek, west to the park boundary and adjacent land rimto-rim, as a scenic river.
‘‘(B) NORTH FORK OF TAYLOR CREEK.—The segment
from the head of North Fork to the junction with Taylor
Creek and adjacent land rim-to-rim, as a wild river.
‘‘(C) MIDDLE FORK OF TAYLOR CREEK.—The segment
from the head of Middle Fork on Bureau of Land Management land to the junction with Taylor Creek and adjacent
land rim-to-rim, as a wild river.
‘‘(D) SOUTH FORK OF TAYLOR CREEK.—The segment
from the head of South Fork to the junction with Taylor
Creek and adjacent land rim-to-rim, as a wild river.
‘‘(E) TIMBER CREEK AND TRIBUTARIES.—The 3.1-mile
segment from the head of Timber Creek and tributaries
of Timber Creek to the junction with LaVerkin Creek and
adjacent land rim-to-rim, as a wild river.
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PUBLIC LAW 111–11—MAR. 30, 2009
‘‘(F) LAVERKIN CREEK.—The 16.1-mile segment beginning in T. 38 S., R. 11 W., sec. 21, on Bureau of Land
Management land, southwest through Zion National Park,
and ending at the south end of T. 40 S., R. 12 W., sec.
7, and adjacent land 1⁄2-mile wide, as a wild river.
‘‘(G) WILLIS CREEK.—The 1.9-mile segment beginning
on Bureau of Land Management land in the SWSW sec.
27, T. 38 S., R. 11 W., to the junction with LaVerkin
Creek in Zion National Park and adjacent land rim-torim, as a wild river.
‘‘(H) BEARTRAP CANYON.—The 2.3-mile segment beginning on Bureau of Management land in the SWNW sec.
3, T. 39 S., R. 11 W., to the junction with LaVerkin Creek
and the segment from the headwaters north of Long Point
to the junction with LaVerkin Creek and adjacent land
rim-to-rim, as a wild river.
‘‘(I) HOP VALLEY CREEK.—The 3.3-mile segment beginning at the southern boundary of T. 39 S., R. 11 W.,
sec. 20, to the junction with LaVerkin Creek and adjacent
land 1⁄2-mile wide, as a wild river.
‘‘(J) CURRENT CREEK.—The 1.4-mile segment from the
head of Current Creek to the junction with LaVerkin Creek
and adjacent land rim-to-rim, as a wild river.
‘‘(K) CANE CREEK.—The 0.6-mile segment from the
head of Smith Creek to the junction with LaVerkin Creek
and adjacent land 1⁄2-mile wide, as a wild river.
‘‘(L) SMITH CREEK.—The 1.3-mile segment from the
head of Smith Creek to the junction with LaVerkin Creek
and adjacent land 1⁄2-mile wide, as a wild river.
‘‘(M) NORTH CREEK LEFT AND RIGHT FORKS.—The segment of the Left Fork from the junction with Wildcat
Canyon to the junction with Right Fork, from the head
of Right Fork to the junction with Left Fork, and from
the junction of the Left and Right Forks southwest to
Zion National Park boundary and adjacent land rim-torim, as a wild river.
‘‘(N) WILDCAT CANYON (BLUE CREEK).—The segment of
Blue Creek from the Zion National Park boundary to the
junction with the Right Fork of North Creek and adjacent
land rim-to-rim, as a wild river.
‘‘(O) LITTLE CREEK.—The segment beginning at the
head of Little Creek to the junction with the Left Fork
of North Creek and adjacent land 1⁄2-mile wide, as a wild
river.
‘‘(P) RUSSELL GULCH.—The segment from the head of
Russell Gulch to the junction with the Left Fork of North
Creek and adjacent land rim-to-rim, as a wild river.
‘‘(Q) GRAPEVINE WASH.—The 2.6-mile segment from the
Lower Kolob Plateau to the junction with the Left Fork
of North Creek and adjacent land rim-to-rim, as a scenic
river.
‘‘(R) PINE SPRING WASH.—The 4.6-mile segment to the
junction with the left fork of North Creek and adjacent
land 1⁄2-mile, as a scenic river.
‘‘(S) WOLF SPRINGS WASH.—The 1.4-mile segment from
the head of Wolf Springs Wash to the junction with Pine
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123 STAT. 1087
Spring Wash and adjacent land 1⁄2-mile wide, as a scenic
river.
‘‘(T) KOLOB CREEK.—The 5.9-mile segment of Kolob
Creek beginning in T. 39 S., R. 10 W., sec. 30, through
Bureau of Land Management land and Zion National Park
land to the junction with the North Fork of the Virgin
River and adjacent land rim-to-rim, as a wild river.
‘‘(U) OAK CREEK.—The 1-mile stretch of Oak Creek
beginning in T. 39 S., R. 10 W., sec. 19, to the junction
with Kolob Creek and adjacent land rim-to-rim, as a wild
river.
‘‘(V) GOOSE CREEK.—The 4.6-mile segment of Goose
Creek from the head of Goose Creek to the junction with
the North Fork of the Virgin River and adjacent land
rim-to-rim, as a wild river.
‘‘(W) DEEP CREEK.—The 5.3-mile segment of Deep
Creek beginning on Bureau of Land Management land
at the northern boundary of T. 39 S., R. 10 W., sec. 23,
south to the junction of the North Fork of the Virgin
River and adjacent land rim-to-rim, as a wild river.
‘‘(X) NORTH FORK OF THE VIRGIN RIVER.—The 10.8mile segment of the North Fork of the Virgin River beginning on Bureau of Land Management land at the eastern
border of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava
and adjacent land rim-to-rim, as a wild river.
‘‘(Y) NORTH FORK OF THE VIRGIN RIVER.—The 8-mile
segment of the North Fork of the Virgin River from Temple
of Sinawava south to the Zion National Park boundary
and adjacent land 1⁄2-mile wide, as a recreational river.
‘‘(Z) IMLAY CANYON.—The segment from the head of
Imlay Creek to the junction with the North Fork of the
Virgin River and adjacent land rim-to-rim, as a wild river.
‘‘(AA) ORDERVILLE CANYON.—The segment from the
eastern boundary of Zion National Park to the junction
with the North Fork of the Virgin River and adjacent
land rim-to-rim, as a wild river.
‘‘(BB) MYSTERY CANYON.—The segment from the head
of Mystery Canyon to the junction with the North Fork
of the Virgin River and adjacent land rim-to-rim, as a
wild river.
‘‘(CC) ECHO CANYON.—The segment from the eastern
boundary of Zion National Park to the junction with the
North Fork of the Virgin River and adjacent land rimto-rim, as a wild river.
‘‘(DD) BEHUNIN CANYON.—The segment from the head
of Behunin Canyon to the junction with the North Fork
of the Virgin River and adjacent land rim-to-rim, as a
wild river.
‘‘(EE) HEAPS CANYON.—The segment from the head
of Heaps Canyon to the junction with the North Fork
of the Virgin River and adjacent land rim-to-rim, as a
wild river.
‘‘(FF) BIRCH CREEK.—The segment from the head of
Birch Creek to the junction with the North Fork of the
Virgin River and adjacent land 1⁄2-mile wide, as a wild
river.
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PUBLIC LAW 111–11—MAR. 30, 2009
‘‘(GG) OAK CREEK.—The segment of Oak Creek from
the head of Oak Creek to where the forks join and adjacent
land 1⁄2-mile wide, as a wild river.
‘‘(HH) OAK CREEK.—The 1-mile segment of Oak Creek
from the point at which the 2 forks of Oak Creek join
to the junction with the North Fork of the Virgin River
and adjacent land 1⁄2-mile wide, as a recreational river.
‘‘(II) CLEAR CREEK.—The 6.4-mile segment of Clear
Creek from the eastern boundary of Zion National Park
to the junction with Pine Creek and adjacent land rimto-rim, as a recreational river.
‘‘(JJ) PINE CREEK .—The 2-mile segment of Pine Creek
from the head of Pine Creek to the junction with Clear
Creek and adjacent land rim-to-rim, as a wild river.
‘‘(KK) PINE CREEK.—The 3-mile segment of Pine Creek
from the junction with Clear Creek to the junction with
the North Fork of the Virgin River and adjacent land
rim-to-rim, as a recreational river.
‘‘(LL) EAST FORK OF THE VIRGIN RIVER.—The 8-mile
segment of the East Fork of the Virgin River from the
eastern boundary of Zion National Park through
Parunuweap Canyon to the western boundary of Zion
National Park and adjacent land 1⁄2-mile wide, as a wild
river.
‘‘(MM) SHUNES CREEK.—The 3-mile segment of Shunes
Creek from the dry waterfall on land administered by
the Bureau of Land Management through Zion National
Park to the western boundary of Zion National Park and
adjacent land 1⁄2-mile wide as a wild river.’’.
(b) INCORPORATION OF ACQUIRED NON-FEDERAL LAND.—If the
United States acquires any non-Federal land within or adjacent
to Zion National Park that includes a river segment that is contiguous to a river segment of the Virgin River designated as a wild,
scenic, or recreational river by paragraph (204) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added
by subsection (a)), the acquired river segment shall be incorporated
in, and be administered as part of, the applicable wild, scenic,
or recreational river.
(c) SAVINGS CLAUSE.—The amendment made by subsection (a)
does not affect the agreement among the United States, the State,
the Washington County Water Conservancy District, and the Kane
County Water Conservancy District entitled ‘‘Zion National Park
Water Rights Settlement Agreement’’ and dated December 4, 1996.
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SEC. 1977. WASHINGTON COUNTY COMPREHENSIVE TRAVEL AND
TRANSPORTATION MANAGEMENT PLAN.
(a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—
(A) with respect to land managed by the Bureau of
Land Management, the Secretary; and
(B) with respect to land managed by the Forest Service,
the Secretary of Agriculture.
(3) TRAIL.—The term ‘‘trail’’ means the High Desert OffHighway Vehicle Trail designated under subsection (c)(1)(A).
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1089
(4) TRAVEL MANAGEMENT PLAN.—The term ‘‘travel management plan’’ means the comprehensive travel and transportation
management plan developed under subsection (b)(1).
(b) COMPREHENSIVE TRAVEL AND TRANSPORTATION MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and other applicable laws (including regulations), the Secretary,
in consultation with appropriate Federal agencies and State,
tribal, and local governmental entities, and after an opportunity
for public comment, shall develop a comprehensive travel
management plan for the land managed by the Bureau of
Land Management in the County—
(A) to provide to the public a clearly marked network
of roads and trails with signs and maps to promote—
(i) public safety and awareness; and
(ii) enhanced recreation and general access
opportunities;
(B) to help reduce in the County growing conflicts
arising from interactions between—
(i) motorized recreation; and
(ii) the important resource values of public land;
(C) to promote citizen-based opportunities for—
(i) the monitoring and stewardship of the trail;
and
(ii) trail system management; and
(D) to support law enforcement officials in promoting—
(i) compliance with off-highway vehicle laws
(including regulations); and
(ii) effective deterrents of abuses of public land.
(2) SCOPE; CONTENTS.—In developing the travel management plan, the Secretary shall—
(A) in consultation with appropriate Federal agencies,
State, tribal, and local governmental entities (including
the County and St. George City, Utah), and the public,
identify 1 or more alternatives for a northern transportation route in the County;
(B) ensure that the travel management plan contains
a map that depicts the trail; and
(C) designate a system of areas, roads, and trails for
mechanical and motorized use.
(c) DESIGNATION OF TRAIL.—
(1) DESIGNATION.—
(A) IN GENERAL.—As a component of the travel
management plan, and in accordance with subparagraph
(B), the Secretary, in coordination with the Secretary of
Agriculture, and after an opportunity for public comment,
shall designate a trail (which may include a system of
trails)—
(i) for use by off-highway vehicles; and
(ii) to be known as the ‘‘High Desert Off-Highway
Vehicle Trail’’.
(B) REQUIREMENTS.—In designating the trail, the Secretary shall only include trails that are—
(i) as of the date of enactment of this Act, authorized for use by off-highway vehicles; and
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(ii) located on land that is managed by the Bureau
of Land Management in the County.
(C) NATIONAL FOREST LAND.—The Secretary of Agriculture, in coordination with the Secretary and in accordance with applicable law, may designate a portion of the
trail on National Forest System land within the County.
(D) MAP.—A map that depicts the trail shall be on
file and available for public inspection in the appropriate
offices of—
(i) the Bureau of Land Management; and
(ii) the Forest Service.
(2) MANAGEMENT.—
(A) IN GENERAL.—The Secretary concerned shall manage the trail—
(i) in accordance with applicable laws (including
regulations);
(ii) to ensure the safety of citizens who use the
trail; and
(iii) in a manner by which to minimize any damage
to sensitive habitat or cultural resources.
(B) MONITORING; EVALUATION.—To minimize the
impacts of the use of the trail on environmental and cultural resources, the Secretary concerned shall—
(i) annually assess the effects of the use of offhighway vehicles on—
(I) the trail; and
(II) land located in proximity to the trail; and
(ii) in consultation with the Utah Department of
Natural Resources, annually assess the effects of the
use of the trail on wildlife and wildlife habitat.
(C) CLOSURE.—The Secretary concerned, in consultation with the State and the County, and subject to subparagraph (D), may temporarily close or permanently reroute
a portion of the trail if the Secretary concerned determines
that—
(i) the trail is having an adverse impact on—
(I) wildlife habitats;
(II) natural resources;
(III) cultural resources; or
(IV) traditional uses;
(ii) the trail threatens public safety; or
(iii) closure of the trail is necessary—
(I) to repair damage to the trail; or
(II) to repair resource damage.
(D) REROUTING.—Any portion of the trail that is temporarily closed by the Secretary concerned under subparagraph (C) may be permanently rerouted along any road
or trail—
(i) that is—
(I) in existence as of the date of the closure
of the portion of the trail;
(II) located on public land; and
(III) open to motorized use; and
(ii) if the Secretary concerned determines that
rerouting the portion of the trail would not significantly
increase or decrease the length of the trail.
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(E) NOTICE OF AVAILABLE ROUTES.—The Secretary, in
coordination with the Secretary of Agriculture, shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through—
(i) the placement of appropriate signage along the
trail; and
(ii) the distribution of maps, safety education materials, and other information that the Secretary concerned determines to be appropriate.
(3) EFFECT.—Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 1978. LAND DISPOSAL AND ACQUISITION.
(a) IN GENERAL.—Consistent with applicable law, the Secretary
of the Interior may sell public land located within Washington
County, Utah, that, as of July 25, 2000, has been identified for
disposal in appropriate resource management plans.
(b) USE OF PROCEEDS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law (other than a law that specifically provides for a portion
of the proceeds of a land sale to be distributed to any trust
fund of the State), proceeds from the sale of public land under
subsection (a) shall be deposited in a separate account in the
Treasury to be known as the ‘‘Washington County, Utah Land
Acquisition Account’’.
(2) AVAILABILITY.—
(A) IN GENERAL.—Amounts in the account shall be
available to the Secretary, without further appropriation,
to purchase from willing sellers lands or interests in land
within the wilderness areas and National Conservation
Areas established by this subtitle.
(B) APPLICABILITY.—Any purchase of land or interest
in land under subparagraph (A) shall be in accordance
with applicable law.
SEC. 1979. MANAGEMENT OF PRIORITY BIOLOGICAL AREAS.
(a) IN GENERAL.—In accordance with applicable Federal laws
(including regulations), the Secretary of the Interior shall—
(1) identify areas located in the County where biological
conservation is a priority; and
(2) undertake activities to conserve and restore plant and
animal species and natural communities within such areas.
(b) GRANTS; COOPERATIVE AGREEMENTS.—In carrying out subsection (a), the Secretary of the Interior may make grants to,
or enter into cooperative agreements with, State, tribal, and local
governmental entities and private entities to conduct research,
develop scientific analyses, and carry out any other initiative
relating to the restoration or conservation of the areas.
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SEC. 1980. PUBLIC PURPOSE CONVEYANCES.
(a) IN GENERAL.—Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1713), upon the
request of the appropriate local governmental entity, as described
below, the Secretary shall convey the following parcels of public
land without consideration, subject to the provisions of this section:
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PUBLIC LAW 111–11—MAR. 30, 2009
(1) TEMPLE QUARRY.—The approximately 122-acre parcel
known as ‘‘Temple Quarry’’ as generally depicted on the Washington County Growth and Conservation Act Map as ‘‘Parcel
B’’, to the City of St. George, Utah, for open space and public
recreation purposes.
(2) HURRICANE CITY SPORTS PARK.—The approximately 41acre parcel as generally depicted on the Washington County
Growth and Conservation Act Map as ‘‘Parcel C’’, to the City
of Hurricane, Utah, for public recreation purposes and public
administrative offices.
(3) WASHINGTON COUNTY SCHOOL DISTRICT.—The approximately 70-acre parcel as generally depicted on the Washington
County Growth and Conservation Act Map as ‘‘Parcel D’’, to
the Washington County Public School District for use for public
school and related educational and administrative purposes.
(4) WASHINGTON COUNTY JAIL.—The approximately 80-acre
parcel as generally depicted on the Washington County Growth
and Conservation Act Map as ‘‘Parcel E’’, to Washington
County, Utah, for expansion of the Purgatory Correctional
Facility.
(5) HURRICANE EQUESTRIAN PARK.—The approximately 40acre parcel as generally depicted on the Washington County
Growth and Conservation Act Map as ‘‘Parcel F’’, to the City
of Hurricane, Utah, for use as a public equestrian park.
(b) MAP AND LEGAL DESCRIPTIONS.—As soon as practicable
after the date of enactment of this Act, the Secretary shall finalize
legal descriptions of the parcels to be conveyed under this section.
The Secretary may correct any minor errors in the map referenced
in subsection (a) or in the applicable legal descriptions. The map
and legal descriptions shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land Management.
(c) REVERSION.—
(1) IN GENERAL.—If any parcel conveyed under this section
ceases to be used for the public purpose for which the parcel
was conveyed, as described in subsection (a), the land shall,
at the discretion of the Secretary based on his determination
of the best interests of the United States, revert to the United
States.
(2) RESPONSIBILITY OF LOCAL GOVERNMENTAL ENTITY.—If
the Secretary determines pursuant to paragraph (1) that the
land should revert to the United States, and if the Secretary
determines that the land is contaminated with hazardous
waste, the local governmental entity to which the land was
conveyed shall be responsible for remediation of the contamination.
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SEC. 1981. CONVEYANCE OF DIXIE NATIONAL FOREST LAND.
(a) DEFINITIONS.—In this section:
(1) COVERED FEDERAL LAND.—The term ‘‘covered Federal
land’’ means the approximately 66.07 acres of land in the
Dixie National Forest in the State, as depicted on the map.
(2) LANDOWNER.—The term ‘‘landowner’’ means Kirk R.
Harrison, who owns land in Pinto Valley, Utah.
(3) MAP.—The term ‘‘map’’ means the map entitled
‘‘Conveyance of Dixie National Forest Land’’ and dated
December 18, 2008.
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123 STAT. 1093
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(b) CONVEYANCE.—
(1) IN GENERAL.—The Secretary may convey to the landowner all right, title, and interest of the United States in
and to any of the covered Federal land (including any improvements or appurtenances to the covered Federal land) by sale
or exchange.
(2) LEGAL DESCRIPTION.—The exact acreage and legal
description of the covered Federal land to be conveyed under
paragraph (1) shall be determined by surveys satisfactory to
the Secretary.
(3) CONSIDERATION.—
(A) IN GENERAL.—As consideration for any conveyance
by sale under paragraph (1), the landowner shall pay to
the Secretary an amount equal to the fair market value
of any Federal land conveyed, as determined under
subparagraph (B).
(B) APPRAISAL.—The fair market value of any Federal
land that is conveyed under paragraph (1) shall be determined by an appraisal acceptable to the Secretary that
is performed in accordance with—
(i) the Uniform Appraisal Standards for Federal
Land Acquisitions;
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(iii) any other applicable law (including regulations).
(4) DISPOSITION AND USE OF PROCEEDS.—
(A) DISPOSITION OF PROCEEDS.—The Secretary shall
deposit the proceeds of any sale of land under paragraph
(1) in the fund established under Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(B) USE OF PROCEEDS.—Amounts deposited under
subparagraph (A) shall be available to the Secretary, without further appropriation and until expended, for the
acquisition of real property or interests in real property
for inclusion in the Dixie National Forest in the State.
(5) ADDITIONAL TERMS AND CONDITIONS.—The Secretary
may require any additional terms and conditions for any
conveyance under paragraph (1) that the Secretary determines
to be appropriate to protect the interests of the United States.
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SEC. 1982. TRANSFER OF LAND INTO TRUST FOR SHIVWITS BAND OF
PAIUTE INDIANS.
25 USC 766 note.
(a) DEFINITIONS.—In this section:
(1) PARCEL A.—The term ‘‘Parcel A’’ means the parcel that
consists of approximately 640 acres of land that is—
(A) managed by the Bureau of Land Management;
(B) located in Washington County, Utah; and
(C) depicted on the map entitled ‘‘Washington County
Growth and Conservation Act Map’’.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) TRIBE.—The term ‘‘Tribe’’ means the Shivwits Band
of Paiute Indians of the State of Utah.
(b) PARCEL TO BE HELD IN TRUST.—
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(1) IN GENERAL.—At the request of the Tribe, the Secretary
shall take into trust for the benefit of the Tribe all right,
title, and interest of the United States in and to Parcel A.
(2) SURVEY; LEGAL DESCRIPTION.—
(A) SURVEY.—Not later than 180 days after the date
of enactment of this Act, the Secretary, acting through
the Director of the Bureau of Land Management, shall
complete a survey of Parcel A to establish the boundary
of Parcel A.
(B) LEGAL DESCRIPTION OF PARCEL A.—
(i) IN GENERAL.—Upon the completion of the
survey under subparagraph (A), the Secretary shall
publish in the Federal Register a legal description
of—
(I) the boundary line of Parcel A; and
(II) Parcel A.
(ii) TECHNICAL CORRECTIONS.—Before the date of
publication of the legal descriptions under clause (i),
the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions.
(iii) EFFECT.—Effective beginning on the date of
publication of the legal descriptions under clause (i),
the legal descriptions shall be considered to be the
official legal descriptions of Parcel A.
(3) EFFECT.—Nothing in this section—
(A) affects any valid right in existence on the date
of enactment of this Act;
(B) enlarges, impairs, or otherwise affects any right
or claim of the Tribe to any land or interest in land other
than to Parcel A that is—
(i) based on an aboriginal or Indian title; and
(ii) in existence as of the date of enactment of
this Act; or
(C) constitutes an express or implied reservation of
water or a water right with respect to Parcel A.
(4) LAND TO BE MADE A PART OF THE RESERVATION.—Land
taken into trust pursuant to this section shall be considered
to be part of the reservation of the Tribe.
Deadline.
Federal Register,
publication.
Effective date.
SEC. 1983. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
TITLE II—BUREAU OF LAND
MANAGEMENT AUTHORIZATIONS
Subtitle A—National Landscape
Conservation System
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16 USC 7201.
SEC. 2001. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) SYSTEM.—The term ‘‘system’’ means the National Landscape Conservation System established by section 2002(a).
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SEC. 2002. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM.
16 USC 7202.
(a) ESTABLISHMENT.—In order to conserve, protect, and restore
nationally significant landscapes that have outstanding cultural,
ecological, and scientific values for the benefit of current and future
generations, there is established in the Bureau of Land Management the National Landscape Conservation System.
(b) COMPONENTS.—The system shall include each of the following areas administered by the Bureau of Land Management:
(1) Each area that is designated as—
(A) a national monument;
(B) a national conservation area;
(C) a wilderness study area;
(D) a national scenic trail or national historic trail
designated as a component of the National Trails System;
(E) a component of the National Wild and Scenic Rivers
System; or
(F) a component of the National Wilderness Preservation System.
(2) Any area designated by Congress to be administered
for conservation purposes, including—
(A) the Steens Mountain Cooperative Management and
Protection Area;
(B) the Headwaters Forest Reserve;
(C) the Yaquina Head Outstanding Natural Area;
(D) public land within the California Desert Conservation Area administered by the Bureau of Land Management
for conservation purposes; and
(E) any additional area designated by Congress for
inclusion in the system.
(c) MANAGEMENT.—The Secretary shall manage the system—
(1) in accordance with any applicable law (including regulations) relating to any component of the system included under
subsection (b); and
(2) in a manner that protects the values for which the
components of the system were designated.
(d) EFFECT.—
(1) IN GENERAL.—Nothing in this subtitle enhances, diminishes, or modifies any law or proclamation (including regulations relating to the law or proclamation) under which the
components of the system described in subsection (b) were
established or are managed, including—
(A) the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.);
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
(C) the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.);
(D) the National Trails System Act (16 U.S.C. 1241
et seq.); and
(E) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(2) FISH AND WILDLIFE.—Nothing in this subtitle shall be
construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate
fish and resident wildlife under State law or regulations,
including the regulation of hunting, fishing, trapping and recreational shooting on public land managed by the Bureau of
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Land Management. Nothing in this subtitle shall be construed
as limiting access for hunting, fishing, trapping, or recreational
shooting.
16 USC 7203.
SEC. 2003. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle B—Prehistoric Trackways
National Monument
New Mexico.
16 USC 431 note.
SEC. 2101. FINDINGS.
Congress finds that—
(1) in 1987, a major deposit of Paleozoic Era fossilized
footprint megatrackways was discovered in the Robledo Mountains in southern New Mexico;
(2) the trackways contain footprints of numerous amphibians, reptiles, and insects (including previously unknown species), plants, and petrified wood dating back approximately
280,000,000 years, which collectively provide new opportunities
to understand animal behaviors and environments from a time
predating the dinosaurs;
(3) title III of Public Law 101–578 (104 Stat. 2860)—
(A) provided interim protection for the site at which
the trackways were discovered; and
(B) directed the Secretary of the Interior to—
(i) prepare a study assessing the significance of
the site; and
(ii) based on the study, provide recommendations
for protection of the paleontological resources at the
site;
(4) the Bureau of Land Management completed the Paleozoic Trackways Scientific Study Report in 1994, which
characterized the site as containing ‘‘the most scientifically
significant Early Permian tracksites’’ in the world;
(5) despite the conclusion of the study and the recommendations for protection, the site remains unprotected and many
irreplaceable trackways specimens have been lost to vandalism
or theft; and
(6) designation of the trackways site as a National Monument would protect the unique fossil resources for present
and future generations while allowing for public education and
continued scientific research opportunities.
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SEC. 2102. DEFINITIONS.
In this subtitle:
(1) MONUMENT.—The term ‘‘Monument’’ means the Prehistoric Trackways National Monument established by section
2103(a).
(2) PUBLIC LAND.—The term ‘‘public land’’ has the meaning
given the term ‘‘public lands’’ in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
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SEC. 2103. ESTABLISHMENT.
(a) IN GENERAL.—In order to conserve, protect, and enhance
the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of the public
land described in subsection (b), there is established the Prehistoric
Trackways National Monument in the State of New Mexico.
(b) DESCRIPTION OF LAND.—The Monument shall consist of
approximately 5,280 acres of public land in Don˜a Ana County,
New Mexico, as generally depicted on the map entitled ‘‘Prehistoric
Trackways National Monument’’ and dated December 17, 2008.
(c) MAP; LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall prepare and submit
to Congress an official map and legal description of the Monument.
(2) CORRECTIONS.—The map and legal description submitted under paragraph (1) shall have the same force and
effect as if included in this subtitle, except that the Secretary
may correct any clerical or typographical errors in the legal
description and the map.
(3) CONFLICT BETWEEN MAP AND LEGAL DESCRIPTION.—In
the case of a conflict between the map and the legal description,
the map shall control.
(4) AVAILABILITY OF MAP AND LEGAL DESCRIPTION.—Copies
of the map and legal description shall be on file and available
for public inspection in the appropriate offices of the Bureau
of Land Management.
(d) MINOR BOUNDARY ADJUSTMENTS.—If additional paleontological resources are discovered on public land adjacent to the Monument after the date of enactment of this Act, the Secretary may
make minor boundary adjustments to the Monument to include
the resources in the Monument.
New Mexico.
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SEC. 2104. ADMINISTRATION.
(a) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the Monument—
(A) in a manner that conserves, protects, and enhances
the resources and values of the Monument, including the
resources and values described in section 2103(a); and
(B) in accordance with—
(i) this subtitle;
(ii) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.); and
(iii) other applicable laws.
(2) NATIONAL LANDSCAPE CONSERVATION SYSTEM.—The
Monument shall be managed as a component of the National
Landscape Conservation System.
(b) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and
management of the Monument.
(2) COMPONENTS.—The management plan under paragraph
(1)—
(A) shall—
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PUBLIC LAW 111–11—MAR. 30, 2009
(i) describe the appropriate uses and management
of the Monument, consistent with the provisions of
this subtitle; and
(ii) allow for continued scientific research at the
Monument during the development of the management
plan; and
(B) may—
(i) incorporate any appropriate decisions contained
in any current management or activity plan for the
land described in section 2103(b); and
(ii) use information developed in studies of any
land within or adjacent to the Monument that were
conducted before the date of enactment of this Act.
(c) AUTHORIZED USES.—The Secretary shall only allow uses
of the Monument that the Secretary determines would further
the purposes for which the Monument has been established.
(d) INTERPRETATION, EDUCATION, AND SCIENTIFIC RESEARCH.—
(1) IN GENERAL.—The Secretary shall provide for public
interpretation of, and education and scientific research on, the
paleontological resources of the Monument, with priority given
to exhibiting and curating the resources in Don˜a Ana County,
New Mexico.
(2) COOPERATIVE AGREEMENTS.—The Secretary may enter
into cooperative agreements with appropriate public entities
to carry out paragraph (1).
(e) SPECIAL MANAGEMENT AREAS.—
(1) IN GENERAL.—The establishment of the Monument shall
not change the management status of any area within the
boundary of the Monument that is—
(A) designated as a wilderness study area and managed
in accordance with section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)); or
(B) managed as an area of critical environment concern.
(2) CONFLICT OF LAWS.—If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this subtitle, the more restrictive provision shall control.
(f) MOTORIZED VEHICLES.—
(1) IN GENERAL.—Except as needed for administrative purposes or to respond to an emergency, the use of motorized
vehicles in the Monument shall be allowed only on roads and
trails designated for use by motorized vehicles under the
management plan prepared under subsection (b).
(2) PERMITTED EVENTS.—The Secretary may issue permits
for special recreation events involving motorized vehicles within
the boundaries of the Monument—
(A) to the extent the events do not harm paleontological
resources; and
(B) subject to any terms and conditions that the Secretary determines to be necessary.
(g) WITHDRAWALS.—Subject to valid existing rights, any Federal
land within the Monument and any land or interest in land that
is acquired by the United States for inclusion in the Monument
after the date of enactment of this Act are withdrawn from—
(1) entry, appropriation, or disposal under the public land
laws;
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(2) location, entry, and patent under the mining laws;
and
(3) operation of the mineral leasing laws, geothermal
leasing laws, and minerals materials laws.
(h) GRAZING.—The Secretary may allow grazing to continue
in any area of the Monument in which grazing is allowed before
the date of enactment of this Act, subject to applicable laws
(including regulations).
(i) WATER RIGHTS.—Nothing in this subtitle constitutes an
express or implied reservation by the United States of any water
or water rights with respect to the Monument.
SEC. 2105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle C—Fort Stanton-Snowy River
Cave National Conservation Area
New Mexico.
SEC. 2201. DEFINITIONS.
16 USC 460yyy.
In this subtitle:
(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’
means the Fort Stanton-Snowy River Cave National Conservation Area established by section 2202(a).
(2) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan developed for the Conservation
Area under section 2203(c).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of the Bureau
of Land Management.
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SEC. 2202. ESTABLISHMENT OF THE FORT STANTON-SNOWY RIVER
CAVE NATIONAL CONSERVATION AREA.
16 USC
460yyy–1.
(a) ESTABLISHMENT; PURPOSES.—There is established the Fort
Stanton-Snowy River Cave National Conservation Area in Lincoln
County, New Mexico, to protect, conserve, and enhance the unique
and nationally important historic, cultural, scientific, archaeological,
natural, and educational subterranean cave resources of the Fort
Stanton-Snowy River cave system.
(b) AREA INCLUDED.—The Conservation Area shall include the
area within the boundaries depicted on the map entitled ‘‘Fort
Stanton-Snowy River Cave National Conservation Area’’ and dated
December 15, 2008.
(c) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall submit to Congress
a map and legal description of the Conservation Area.
(2) EFFECT.—The map and legal description of the Conservation Area shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
any minor errors in the map and legal description.
(3) PUBLIC AVAILABILITY.—The map and legal description
of the Conservation Area shall be available for public inspection
in the appropriate offices of the Bureau of Land Management.
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123 STAT. 1100
16 USC
460yyy–2.
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SEC. 2203. MANAGEMENT OF THE CONSERVATION AREA.
(a) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the Conservation Area—
(A) in a manner that conserves, protects, and enhances
the resources and values of the Conservation Area,
including the resources and values described in section
2202(a); and
(B) in accordance with—
(i) this subtitle;
(ii) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.); and
(iii) any other applicable laws.
(2) USES.—The Secretary shall only allow uses of the Conservation Area that are consistent with the protection of the
cave resources.
(3) REQUIREMENTS.—In administering the Conservation
Area, the Secretary shall provide for—
(A) the conservation and protection of the natural and
unique features and environs for scientific, educational,
and other appropriate public uses of the Conservation Area;
(B) public access, as appropriate, while providing for
the protection of the cave resources and for public safety;
(C) the continuation of other existing uses or other
new uses of the Conservation Area that do not impair
the purposes for which the Conservation Area is established;
(D) management of the surface area of the Conservation Area in accordance with the Fort Stanton Area of
Critical Environmental Concern Final Activity Plan dated
March, 2001, or any amendments to the plan, consistent
with this subtitle; and
(E) scientific investigation and research opportunities
within the Conservation Area, including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and
provide educational and interpretive services within the
Conservation Area.
(b) WITHDRAWALS.—Subject to valid existing rights, all Federal
surface and subsurface land within the Conservation Area and
all land and interests in the land that are acquired by the United
States after the date of enactment of this Act for inclusion in
the Conservation Area, are withdrawn from—
(1) all forms of entry, appropriation, or disposal under
the general land laws;
(2) location, entry, and patent under the mining laws;
and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-term management of the Conservation Area.
(2) PURPOSES.—The management plan shall—
(A) describe the appropriate uses and management
of the Conservation Area;
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(B) incorporate, as appropriate, decisions contained in
any other management or activity plan for the land within
or adjacent to the Conservation Area;
(C) take into consideration any information developed
in studies of the land and resources within or adjacent
to the Conservation Area; and
(D) provide for a cooperative agreement with Lincoln
County, New Mexico, to address the historical involvement
of the local community in the interpretation and protection
of the resources of the Conservation Area.
(d) RESEARCH AND INTERPRETIVE FACILITIES.—
(1) IN GENERAL.—The Secretary may establish facilities
for—
(A) the conduct of scientific research; and
(B) the interpretation of the historical, cultural, scientific, archaeological, natural, and educational resources
of the Conservation Area.
(2) COOPERATIVE AGREEMENTS.—The Secretary may, in a
manner consistent with this subtitle, enter into cooperative
agreements with the State of New Mexico and other institutions
and organizations to carry out the purposes of this subtitle.
(e) WATER RIGHTS.—Nothing in this subtitle constitutes an
express or implied reservation of any water right.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
16 USC
460yyy–3.
Subtitle D—Snake River Birds of Prey
National Conservation Area
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SEC. 2301. SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA.
(a) RENAMING.—Public Law 103–64 is amended—
(1) in section 2(2) (16 U.S.C. 460iii–1(2)), by inserting
‘‘Morley Nelson’’ before ‘‘Snake River Birds of Prey National
Conservation Area’’; and
(2) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by inserting
‘‘Morley Nelson’’ before ‘‘Snake River Birds of Prey National
Conservation Area’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Snake
River Birds of Prey National Conservation Area shall be deemed
to be a reference to the Morley Nelson Snake River Birds of Prey
National Conservation Area.
(c) TECHNICAL CORRECTIONS.—Public Law 103–64 is further
amended—
(1) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by striking
‘‘(hereafter referred to as the ‘conservation area’)’’; and
(2) in section 4 (16 U.S.C. 460iii–3)—
(A) in subsection (a)(2), by striking ‘‘Conservation Area’’
and inserting ‘‘conservation area’’; and
(B) in subsection (d), by striking ‘‘Visitors Center’’ and
inserting ‘‘visitors center’’.
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Subtitle E—Dominguez-Escalante National
Conservation Area
16 USC 460zzz.
SEC. 2401. DEFINITIONS.
In this subtitle:
(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’
means the Dominguez-Escalante National Conservation Area
established by section 2402(a)(1).
(2) COUNCIL.—The term ‘‘Council’’ means the DominguezEscalante National Conservation Area Advisory Council established under section 2407.
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan developed under section 2406.
(4) MAP.—The term ‘‘Map’’ means the map entitled
‘‘Dominguez-Escalante National Conservation Area’’ and dated
September 15, 2008.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means the State of Colorado.
(7) WILDERNESS.—The term ‘‘Wilderness’’ means the
Dominguez Canyon Wilderness Area designated by section
2403(a).
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16 USC
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SEC. 2402. DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established the DominguezEscalante National Conservation Area in the State.
(2) AREA INCLUDED.—The Conservation Area shall consist
of approximately 209,610 acres of public land, as generally
depicted on the Map.
(b) PURPOSES.—The purposes of the Conservation Area are
to conserve and protect for the benefit and enjoyment of present
and future generations—
(1) the unique and important resources and values of the
land, including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife,
riparian, historical, educational, and scenic resources of the
public land; and
(2) the water resources of area streams, based on seasonally
available flows, that are necessary to support aquatic, riparian,
and terrestrial species and communities.
(c) MANAGEMENT.—
(1) IN GENERAL.—The Secretary shall manage the Conservation Area—
(A) as a component of the National Landscape Conservation System;
(B) in a manner that conserves, protects, and enhances
the resources and values of the Conservation Area
described in subsection (b); and
(C) in accordance with—
(i) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
(ii) this subtitle; and
(iii) any other applicable laws.
(2) USES.—
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(A) IN GENERAL.—The Secretary shall allow only such
uses of the Conservation Area as the Secretary determines
would further the purposes for which the Conservation
Area is established.
(B) USE OF MOTORIZED VEHICLES.—
(i) IN GENERAL.—Except as provided in clauses
(ii) and (iii), use of motorized vehicles in the Conservation Area shall be allowed—
(I) before the effective date of the management
plan, only on roads and trails designated for use
of motor vehicles in the management plan that
applies on the date of the enactment of this Act
to the public land in the Conservation Area; and
(II) after the effective date of the management
plan, only on roads and trails designated in the
management plan for the use of motor vehicles.
(ii) ADMINISTRATIVE AND EMERGENCY RESPONSE
USE.—Clause (i) shall not limit the use of motor
vehicles in the Conservation Area for administrative
purposes or to respond to an emergency.
(iii) LIMITATION.—This subparagraph shall not
apply to the Wilderness.
SEC. 2403. DOMINGUEZ CANYON WILDERNESS AREA.
(a) IN GENERAL.—In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 66,280 acres of public land
in Mesa, Montrose, and Delta Counties, Colorado, as generally
depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known
as the ‘‘Dominguez Canyon Wilderness Area’’.
(b) ADMINISTRATION OF WILDERNESS.—The Wilderness shall be
managed by the Secretary in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.) and this subtitle, except that—
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary
of Agriculture shall be considered to be a reference to the
Secretary of the Interior.
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SEC. 2404. MAPS AND LEGAL DESCRIPTIONS.
(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Conservation Area and the Wilderness with—
(1) the Committee on Energy and Natural Resources of
the Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) FORCE AND EFFECT.—The Map and legal descriptions filed
under subsection (a) shall have the same force and effect as if
included in this subtitle, except that the Secretary may correct
clerical and typographical errors in the Map and legal descriptions.
(c) PUBLIC AVAILABILITY.—The Map and legal descriptions filed
under subsection (a) shall be available for public inspection in
the appropriate offices of the Bureau of Land Management.
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Contracts.
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PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 2405. MANAGEMENT OF CONSERVATION AREA AND WILDERNESS.
(a) WITHDRAWAL.—Subject to valid existing rights, all Federal
land within the Conservation Area and the Wilderness and all
land and interests in land acquired by the United States within
the Conservation Area or the Wilderness is withdrawn from—
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) GRAZING.—
(1) GRAZING IN CONSERVATION AREA.—Except as provided
in paragraph (2), the Secretary shall issue and administer
any grazing leases or permits in the Conservation Area in
accordance with the laws (including regulations) applicable to
the issuance and administration of such leases and permits
on other land under the jurisdiction of the Bureau of Land
Management.
(2) GRAZING IN WILDERNESS.—The grazing of livestock in
the Wilderness, if established as of the date of enactment
of this Act, shall be permitted to continue—
(A) subject to any reasonable regulations, policies, and
practices that the Secretary determines to be necessary;
and
(B) in accordance with—
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R.
2570 of the 101st Congress (H. Rept. 101–405).
(c) NO BUFFER ZONES.—
(1) IN GENERAL.—Nothing in this subtitle creates a protective perimeter or buffer zone around the Conservation Area.
(2) ACTIVITIES OUTSIDE CONSERVATION AREA.—The fact that
an activity or use on land outside the Conservation Area can
be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.
(d) ACQUISITION OF LAND.—
(1) IN GENERAL.—The Secretary may acquire non-Federal
land within the boundaries of the Conservation Area or the
Wilderness only through exchange, donation, or purchase from
a willing seller.
(2) MANAGEMENT.—Land acquired under paragraph (1)
shall—
(A) become part of the Conservation Area and, if
applicable, the Wilderness; and
(B) be managed in accordance with this subtitle and
any other applicable laws.
(e) FIRE, INSECTS, AND DISEASES.—Subject to such terms and
conditions as the Secretary determines to be desirable and appropriate, the Secretary may undertake such measures as are necessary to control fire, insects, and diseases—
(1) in the Wilderness, in accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
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(2) except as provided in paragraph (1), in the Conservation
Area in accordance with this subtitle and any other applicable
laws.
(f) ACCESS.—The Secretary shall continue to provide private
landowners adequate access to inholdings in the Conservation Area.
(g) INVASIVE SPECIES AND NOXIOUS WEEDS.—In accordance with
any applicable laws and subject to such terms and conditions as
the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants
and noxious weeds within the Conservation Area.
(h) WATER RIGHTS.—
(1) EFFECT.—Nothing in this subtitle—
(A) affects the use or allocation, in existence on the
date of enactment of this Act, of any water, water right,
or interest in water;
(B) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
Act, including any water right held by the United States;
(C) affects any interstate water compact in existence
on the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal
water rights; or
(E) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the
United States in the State on or before the date of enactment of this Act.
(2) WILDERNESS WATER RIGHTS.—
(A) IN GENERAL.—The Secretary shall ensure that any
water rights within the Wilderness required to fulfill the
purposes of the Wilderness are secured in accordance with
subparagraphs (B) through (G).
(B) STATE LAW.—
(i) PROCEDURAL REQUIREMENTS.—Any water rights
within the Wilderness for which the Secretary pursues
adjudication shall be adjudicated, changed, and
administered in accordance with the procedural
requirements and priority system of State law.
(ii) ESTABLISHMENT OF WATER RIGHTS.—
(I) IN GENERAL.—Except as provided in subclause (II), the purposes and other substantive
characteristics of the water rights pursued under
this paragraph shall be established in accordance
with State law.
(II) EXCEPTION.—Notwithstanding subclause
(I) and in accordance with this subtitle, the Secretary may appropriate and seek adjudication of
water rights to maintain surface water levels and
stream flows on and across the Wilderness to fulfill
the purposes of the Wilderness.
(C) DEADLINE.—The Secretary shall promptly, but not
earlier than January 2009, appropriate the water rights
required to fulfill the purposes of the Wilderness.
(D) REQUIRED DETERMINATION.—The Secretary shall
not pursue adjudication for any instream flow water rights
unless the Secretary makes a determination pursuant to
subparagraph (E)(ii) or (F).
(E) COOPERATIVE ENFORCEMENT.—
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PUBLIC LAW 111–11—MAR. 30, 2009
(i) IN GENERAL.—The Secretary shall not pursue
adjudication of any Federal instream flow water rights
established under this paragraph if—
(I) the Secretary determines, upon adjudication of the water rights by the Colorado Water
Conservation Board, that the Board holds water
rights sufficient in priority, amount, and timing
to fulfill the purposes of the Wilderness; and
(II) the Secretary has entered into a perpetual
agreement with the Colorado Water Conservation
Board to ensure the full exercise, protection, and
enforcement of the State water rights within the
Wilderness to reliably fulfill the purposes of the
Wilderness.
(ii) ADJUDICATION.—If the Secretary determines
that the provisions of clause (i) have not been met,
the Secretary shall adjudicate and exercise any Federal
water rights required to fulfill the purposes of the
Wilderness in accordance with this paragraph.
(F) INSUFFICIENT WATER RIGHTS.—If the Colorado
Water Conservation Board modifies the instream flow
water rights obtained under subparagraph (E) to such a
degree that the Secretary determines that water rights
held by the State are insufficient to fulfill the purposes
of the Wilderness, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes
of the Wilderness in accordance with subparagraph (B).
(G) FAILURE TO COMPLY.—The Secretary shall promptly
act to exercise and enforce the water rights described in
subparagraph (E) if the Secretary determines that—
(i) the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or
(ii) the agreement described in subparagraph
(E)(i)(II) is not fulfilled or complied with sufficiently
to fulfill the purposes of the Wilderness.
(3) WATER RESOURCE FACILITY.—
(A) IN GENERAL.—Notwithstanding any other provision
of law and subject to subparagraph (B), beginning on the
date of enactment of this Act, neither the President nor
any other officer, employee, or agent of the United States
shall fund, assist, authorize, or issue a license or permit
for the development of any new irrigation and pumping
facility, reservoir, water conservation work, aqueduct,
canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion,
storage, or carriage structure in the Wilderness.
(B) EXCEPTION.—Notwithstanding subparagraph (A),
the Secretary may allow construction of new livestock
watering facilities within the Wilderness in accordance
with—
(i) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(ii) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R.
2570 of the 101st Congress (H. Rept. 101–405).
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(4) CONSERVATION AREA WATER RIGHTS.—With respect to
water within the Conservation Area, nothing in this subtitle—
(A) authorizes any Federal agency to appropriate or
otherwise acquire any water right on the mainstem of
the Gunnison River; or
(B) prevents the State from appropriating or acquiring,
or requires the State to appropriate or acquire, an instream
flow water right on the mainstem of the Gunnison River.
(5) WILDERNESS BOUNDARIES ALONG GUNNISON RIVER.—
(A) IN GENERAL.—In areas in which the Gunnison River
is used as a reference for defining the boundary of the
Wilderness, the boundary shall—
(i) be located at the edge of the river; and
(ii) change according to the river level.
(B) EXCLUSION FROM WILDERNESS.—Regardless of the
level of the Gunnison River, no portion of the Gunnison
River is included in the Wilderness.
(i) EFFECT.—Nothing in this subtitle—
(1) diminishes the jurisdiction of the State with respect
to fish and wildlife in the State; or
(2) imposes any Federal water quality standard upstream
of the Conservation Area or within the mainstem of the Gunnison River that is more restrictive than would be applicable
had the Conservation Area not been established.
(j) VALID EXISTING RIGHTS.—The designation of the Conservation Area and Wilderness is subject to valid rights in existence
on the date of enactment of this Act.
SEC. 2406. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a comprehensive
management plan for the long-term protection and management
of the Conservation Area.
(b) PURPOSES.—The management plan shall—
(1) describe the appropriate uses and management of the
Conservation Area;
(2) be developed with extensive public input;
(3) take into consideration any information developed in
studies of the land within the Conservation Area; and
(4) include a comprehensive travel management plan.
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SEC. 2407. ADVISORY COUNCIL.
(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ‘‘Dominguez-Escalante National Conservation Area Advisory Council’’.
(b) DUTIES.—The Council shall advise the Secretary with
respect to the preparation and implementation of the management
plan.
(c) APPLICABLE LAW.—The Council shall be subject to—
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
and
(2) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.).
(d) MEMBERS.—The Council shall include 10 members to be
appointed by the Secretary, of whom, to the extent practicable—
(1) 1 member shall be appointed after considering the recommendations of the Mesa County Commission;
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(2) 1 member shall be appointed after considering the recommendations of the Montrose County Commission;
(3) 1 member shall be appointed after considering the recommendations of the Delta County Commission;
(4) 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments
within the Conservation Area or the Wilderness; and
(5) 5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County,
Colorado, with backgrounds that reflect—
(A) the purposes for which the Conservation Area or
Wilderness was established; and
(B) the interests of the stakeholders that are affected
by the planning and management of the Conservation Area
and Wilderness.
(e) REPRESENTATION.—The Secretary shall ensure that the
membership of the Council is fairly balanced in terms of the points
of view represented and the functions to be performed by the
Council.
(f) DURATION.—The Council shall terminate on the date that
is 1 year from the date on which the management plan is adopted
by the Secretary.
SEC. 2408. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
Subtitle F—Rio Puerco Watershed
Management Program
SEC. 2501. RIO PUERCO WATERSHED MANAGEMENT PROGRAM.
(a) RIO PUERCO MANAGEMENT COMMITTEE.—Section 401(b) of
the Omnibus Parks and Public Lands Management Act of 1996
(Public Law 104–333; 110 Stat. 4147) is amended—
(1) in paragraph (2)—
(A) by redesignating subparagraphs (I) through (N)
as subparagraphs (J) through (O), respectively; and
(B) by inserting after subparagraph (H) the following:
‘‘(I) the Environmental Protection Agency;’’; and
(2) in paragraph (4), by striking ‘‘enactment of this Act’’
and inserting ‘‘enactment of the Omnibus Public Land Management Act of 2009’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 401(e) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104–333; 110 Stat. 4148) is amended by striking ‘‘enactment
of this Act’’ and inserting ‘‘enactment of the Omnibus Public Land
Management Act of 2009’’.
Subtitle G—Land Conveyances and
Exchanges
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SEC. 2601. CARSON CITY, NEVADA, LAND CONVEYANCES.
(a) DEFINITIONS.—In this section:
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1109
(1) CITY.—The term ‘‘City’’ means Carson City Consolidated
Municipality, Nevada.
(2) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Carson
City, Nevada Area’’, dated November 7, 2008, and on file and
available for public inspection in the appropriate offices of—
(A) the Bureau of Land Management;
(B) the Forest Service; and
(C) the City.
(3) SECRETARY.—The term ‘‘Secretary’’ means—
(A) with respect to land in the National Forest System,
the Secretary of Agriculture, acting through the Chief of
the Forest Service; and
(B) with respect to other Federal land, the Secretary
of the Interior.
(4) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of Agriculture and the Secretary of the Interior, acting
jointly.
(5) TRIBE.—The term ‘‘Tribe’’ means the Washoe Tribe of
Nevada and California, which is a federally recognized Indian
tribe.
(b) CONVEYANCES OF FEDERAL LAND AND CITY LAND.—
(1) IN GENERAL.—Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712), if the City offers to convey to the United States title
to the non-Federal land described in paragraph (2)(A) that
is acceptable to the Secretary of Agriculture—
(A) the Secretary shall accept the offer; and
(B) not later than 180 days after the date on which
the Secretary receives acceptable title to the non-Federal
land described in paragraph (2)(A), the Secretaries shall
convey to the City, subject to valid existing rights and
for no consideration, except as provided in paragraph (3)(A),
all right, title, and interest of the United States in and
to the Federal land (other than any easement reserved
under paragraph (3)(B)) or interest in land described in
paragraph (2)(B).
(2) DESCRIPTION OF LAND.—
(A) NON-FEDERAL LAND.—The non-Federal land
referred to in paragraph (1) is the approximately 2,264
acres of land administered by the City and identified on
the Map as ‘‘To U.S. Forest Service’’.
(B) FEDERAL LAND.—The Federal land referred to in
paragraph (1)(B) is—
(i) the approximately 935 acres of Forest Service
land identified on the Map as ‘‘To Carson City for
Natural Areas’’;
(ii) the approximately 3,604 acres of Bureau of
Land Management land identified on the Map as
‘‘Silver Saddle Ranch and Carson River Area’’;
(iii) the approximately 1,848 acres of Bureau of
Land Management land identified on the Map as ‘‘To
Carson City for Parks and Public Purposes’’; and
(iv) the approximately 75 acres of City land in
which the Bureau of Land Management has a reversionary interest that is identified on the Map as ‘‘Reversionary Interest of the United States Released’’.
(3) CONDITIONS.—
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123 STAT. 1110
PUBLIC LAW 111–11—MAR. 30, 2009
(A) CONSIDERATION.—Before the conveyance of the 62–
acre Bernhard parcel to the City, the City shall deposit
in the special account established by subsection (e)(2)(A)
an amount equal to 25 percent of the difference between—
(i) the amount for which the Bernhard parcel was
purchased by the City on July 18, 2001; and
(ii) the amount for which the Bernhard parcel
was purchased by the Secretary on March 24, 2006.
(B) CONSERVATION EASEMENT.—As a condition of the
conveyance of the land described in paragraph (2)(B)(ii),
the Secretary, in consultation with Carson City and affected
local interests, shall reserve a perpetual conservation easement to the land to protect, preserve, and enhance the
conservation values of the land, consistent with paragraph
(4)(B).
(C) COSTS.—Any costs relating to the conveyance under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the recipient of the
land being conveyed.
(4) USE OF LAND.—
(A) NATURAL AREAS.—
(i) IN GENERAL.—Except as provided in clause (ii),
the land described in paragraph (2)(B)(i) shall be managed by the City to maintain undeveloped open space
and to preserve the natural characteristics of the land
in perpetuity.
(ii) EXCEPTION.—Notwithstanding clause (i), the
City may—
(I) conduct projects on the land to reduce fuels;
(II) construct and maintain trails, trailhead
facilities, and any infrastructure on the land that
is required for municipal water and flood management activities; and
(III) maintain or reconstruct any improvements on the land that are in existence on the
date of enactment of this Act.
(B) SILVER SADDLE RANCH AND CARSON RIVER AREA.—
(i) IN GENERAL.—Except as provided in clause (ii),
the land described in paragraph (2)(B)(ii) shall—
(I) be managed by the City to protect and
enhance the Carson River, the floodplain and surrounding upland, and important wildlife habitat;
and
(II) be used for undeveloped open space, passive recreation, customary agricultural practices,
and wildlife protection.
(ii) EXCEPTION.—Notwithstanding clause (i), the
City may—
(I) construct and maintain trails and trailhead
facilities on the land;
(II) conduct projects on the land to reduce
fuels;
(III) maintain or reconstruct any improvements on the land that are in existence on the
date of enactment of this Act; and
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(IV) allow the use of motorized vehicles on
designated roads, trails, and areas in the south
end of Prison Hill.
(C) PARKS AND PUBLIC PURPOSES.—The land described
in paragraph (2)(B)(iii) shall be managed by the City for—
(i) undeveloped open space; and
(ii) recreation or other public purposes consistent
with the Act of June 14, 1926 (commonly known as
the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C.
869 et seq.).
(D) REVERSIONARY INTEREST.—
(i) RELEASE.—The reversionary interest described
in paragraph (2)(B)(iv) shall terminate on the date
of enactment of this Act.
(ii) CONVEYANCE BY CITY.—
(I) IN GENERAL.—If the City sells, leases, or
otherwise conveys any portion of the land
described in paragraph (2)(B)(iv), the sale, lease,
or conveyance of land shall be—
(aa) through a competitive bidding
process; and
(bb) except as provided in subclause (II),
for not less than fair market value.
(II) CONVEYANCE TO GOVERNMENT OR NONPROFIT.—A sale, lease, or conveyance of land
described in paragraph (2)(B)(iv) to the Federal
Government, a State government, a unit of local
government, or a nonprofit organization shall be
for consideration in an amount equal to the price
established by the Secretary of the Interior under
section 2741 of title 43, Code of Federal Regulation
(or successor regulations).
(III) DISPOSITION OF PROCEEDS.—The gross
proceeds from the sale, lease, or conveyance of
land under subclause (I) shall be distributed in
accordance with subsection (e)(1).
(5) REVERSION.—If land conveyed under paragraph (1) is
used in a manner that is inconsistent with the uses described
in subparagraph (A), (B), (C), or (D) of paragraph (4), the
land shall, at the discretion of the Secretary, revert to the
United States.
(6) MISCELLANEOUS PROVISIONS.—
(A) IN GENERAL.—On conveyance of the non-Federal
land under paragraph (1) to the Secretary of Agriculture,
the non-Federal land shall—
(i) become part of the Humboldt-Toiyabe National
Forest; and
(ii) be administered in accordance with the laws
(including the regulations) and rules generally
applicable to the National Forest System.
(B) MANAGEMENT PLAN.—The Secretary of Agriculture,
in consultation with the City and other interested parties,
may develop and implement a management plan for
National Forest System land that ensures the protection
and stabilization of the National Forest System land to
minimize the impacts of flooding on the City.
(7) CONVEYANCE TO BUREAU OF LAND MANAGEMENT.—
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PUBLIC LAW 111–11—MAR. 30, 2009
(A) IN GENERAL.—If the City offers to convey to the
United States title to the non-Federal land described in
subparagraph (B) that is acceptable to the Secretary of
the Interior, the land shall, at the discretion of the Secretary, be conveyed to the United States.
(B) DESCRIPTION OF LAND.—The non-Federal land
referred to in subparagraph (A) is the approximately 46
acres of land administered by the City and identified on
the Map as ‘‘To Bureau of Land Management’’.
(C) COSTS.—Any costs relating to the conveyance under
subparagraph (A), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of
the Interior.
(c) TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE
FOREST SERVICE TO THE BUREAU OF LAND MANAGEMENT.—
(1) IN GENERAL.—Administrative jurisdiction over the
approximately 50 acres of Forest Service land identified on
the Map as ‘‘Parcel #1’’ is transferred, from the Secretary
of Agriculture to the Secretary of the Interior.
(2) COSTS.—Any costs relating to the transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior.
(3) USE OF LAND.—
(A) RIGHT-OF-WAY.—Not later than 120 days after the
date of enactment of this Act, the Secretary of the Interior
shall grant to the City a right-of-way for the maintenance
of flood management facilities located on the land.
(B) DISPOSAL.—The land referred to in paragraph (1)
shall be disposed of in accordance with subsection (d).
(C) DISPOSITION OF PROCEEDS.—The gross proceeds
from the disposal of land under subparagraph (B) shall
be distributed in accordance with subsection (e)(1).
(d) DISPOSAL OF CARSON CITY LAND.—
(1) IN GENERAL.—Notwithstanding sections 202 and 203
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712, 1713), the Secretary of the Interior shall, in accordance with that Act, this subsection, and other applicable law,
and subject to valid existing rights, conduct sales of the Federal
land described in paragraph (2) to qualified bidders.
(2) DESCRIPTION OF LAND.—The Federal land referred to
in paragraph (1) is—
(A) the approximately 108 acres of Bureau of Land
Management land identified as ‘‘Lands for Disposal’’ on
the Map; and
(B) the approximately 50 acres of land identified as
‘‘Parcel #1’’ on the Map.
(3) COMPLIANCE WITH LOCAL PLANNING AND ZONING LAWS.—
Before a sale of Federal land under paragraph (1), the City
shall submit to the Secretary a certification that qualified bidders have agreed to comply with—
(A) City zoning ordinances; and
(B) any master plan for the area approved by the
City.
(4) METHOD OF SALE; CONSIDERATION.—The sale of Federal
land under paragraph (1) shall be—
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(A) consistent with subsections (d) and (f) of section
203 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1713);
(B) unless otherwise determined by the Secretary,
through a competitive bidding process; and
(C) for not less than fair market value.
(5) WITHDRAWAL.—
(A) IN GENERAL.—Subject to valid existing rights and
except as provided in subparagraph (B), the Federal land
described in paragraph (2) is withdrawn from—
(i) all forms of entry and appropriation under the
public land laws;
(ii) location, entry, and patent under the mining
laws; and
(iii) operation of the mineral leasing and geothermal leasing laws.
(B) EXCEPTION.—Subparagraph (A)(i) shall not apply
to sales made consistent with this subsection.
(6) DEADLINE FOR SALE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), not later than 1 year after the date of enactment
of this Act, if there is a qualified bidder for the land
described in subparagraphs (A) and (B) of paragraph (2),
the Secretary of the Interior shall offer the land for sale
to the qualified bidder.
(B) POSTPONEMENT; EXCLUSION FROM SALE.—
(i) REQUEST BY CARSON CITY FOR POSTPONEMENT
OR EXCLUSION.—At the request of the City, the Secretary shall postpone or exclude from the sale under
subparagraph (A) all or a portion of the land described
in subparagraphs (A) and (B) of paragraph (2).
(ii) INDEFINITE POSTPONEMENT.—Unless specifically requested by the City, a postponement under
clause (i) shall not be indefinite.
(e) DISPOSITION OF PROCEEDS.—
(1) IN GENERAL.—Of the proceeds from the sale of land
under subsections (b)(4)(D)(ii) and (d)(1)—
(A) 5 percent shall be paid directly to the State for
use in the general education program of the State; and
(B) the remainder shall be deposited in a special
account in the Treasury of the United States, to be known
as the ‘‘Carson City Special Account’’, and shall be available
without further appropriation to the Secretary until
expended to—
(i) reimburse costs incurred by the Bureau of Land
Management for preparing for the sale of the Federal
land described in subsection (d)(2), including the costs
of—
(I) surveys and appraisals; and
(II) compliance with—
(aa) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(bb) sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1712, 1713);
(ii) reimburse costs incurred by the Bureau of Land
Management and Forest Service for preparing for, and
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carrying out, the transfers of land to be held in trust
by the United States under subsection (h)(1); and
(iii) acquire environmentally sensitive land or an
interest in environmentally sensitive land in the City.
(2) SILVER SADDLE ENDOWMENT ACCOUNT.—
(A) ESTABLISHMENT.—There is established in the
Treasury of the United States a special account, to be
known as the ‘‘Silver Saddle Endowment Account’’, consisting of such amounts as are deposited under subsection
(b)(3)(A).
(B) AVAILABILITY OF AMOUNTS.—Amounts deposited in
the account established by paragraph (1) shall be available
to the Secretary, without further appropriation, for the
oversight and enforcement of the conservation easement
established under subsection (b)(3)(B).
(f) URBAN INTERFACE.—
(1) IN GENERAL.—Except as otherwise provided in this section and subject to valid existing rights, the Federal land
described in paragraph (2) is permanently withdrawn from—
(A) all forms of entry and appropriation under the
public land laws and mining laws;
(B) location and patent under the mining laws; and
(C) operation of the mineral laws, geothermal leasing
laws, and mineral material laws.
(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) consists of approximately 19,747 acres, which is
identified on the Map as ‘‘Urban Interface Withdrawal’’.
(3) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—
Any land or interest in land within the boundaries of the
land described in paragraph (2) that is acquired by the United
States after the date of enactment of this Act shall be withdrawn in accordance with this subsection.
(4) OFF-HIGHWAY VEHICLE MANAGEMENT.—Until the date
on which the Secretary, in consultation with the State, the
City, and any other interested persons, completes a transportation plan for Federal land in the City, the use of motorized
and mechanical vehicles on Federal land within the City shall
be limited to roads and trails in existence on the date of
enactment of this Act unless the use of the vehicles is needed—
(A) for administrative purposes; or
(B) to respond to an emergency.
(g) AVAILABILITY OF FUNDS.—Section 4(e) of the Southern
Nevada Public Land Management Act of 1998 (Public Law 105–
263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat.
2414; 120 Stat. 3045) is amended—
(1) in paragraph (3)(A)(iv), by striking ‘‘Clark, Lincoln,
and White Pine Counties and Washoe County (subject to paragraph 4))’’ and inserting ‘‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson
City (subject to paragraph (5))’’;
(2) in paragraph (3)(A)(v), by striking ‘‘Clark, Lincoln, and
White Pine Counties’’ and inserting ‘‘Clark, Lincoln, and White
Pine Counties and Carson City (subject to paragraph (5))’’;
(3) in paragraph (4), by striking ‘‘2011’’ and inserting
‘‘2015’’; and
(4) by adding at the end the following:
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‘‘(5) LIMITATION FOR CARSON CITY.—Carson City shall be
eligible to nominate for expenditure amounts to acquire land
or an interest in land for parks or natural areas and for
conservation initiatives—
‘‘(A) adjacent to the Carson River; or
‘‘(B) within the floodplain of the Carson River.’’.
(h) TRANSFER OF LAND TO BE HELD IN TRUST FOR WASHOE
TRIBE.—
(1) IN GENERAL.—Subject to valid existing rights, all right,
title, and interest of the United States in and to the land
described in paragraph (2)—
(A) shall be held in trust by the United States for
the benefit and use of the Tribe; and
(B) shall be part of the reservation of the Tribe.
(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) consists of approximately 293 acres, which is identified on the Map as ‘‘To Washoe Tribe’’.
(3) SURVEY.—Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall complete a survey of the boundary lines to establish the boundaries
of the land taken into trust under paragraph (1).
(4) USE OF LAND.—
(A) GAMING.—Land taken into trust under paragraph
(1) shall not be eligible, or considered to have been taken
into trust, for class II gaming or class III gaming (as
those terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
(B) TRUST LAND FOR CEREMONIAL USE AND CONSERVATION.—With respect to the use of the land taken into trust
under paragraph (1) that is above the 5,200′ elevation
contour, the Tribe—
(i) shall limit the use of the land to—
(I) traditional and customary uses; and
(II) stewardship conservation for the benefit
of the Tribe; and
(ii) shall not permit any—
(I) permanent residential or recreational
development on the land; or
(II) commercial use of the land, including
commercial development or gaming.
(C) TRUST LAND FOR COMMERCIAL AND RESIDENTIAL
USE.—With respect to the use of the land taken into trust
under paragraph (1), the Tribe shall limit the use of the
land below the 5,200′ elevation to—
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit of the
Tribe; and
(iii)(I) residential or recreational development; or
(II) commercial use.
(D) THINNING; LANDSCAPE RESTORATION.—With respect
to the land taken into trust under paragraph (1), the Secretary of Agriculture, in consultation and coordination with
the Tribe, may carry out any thinning and other landscape
restoration activities on the land that is beneficial to the
Tribe and the Forest Service.
(i) CORRECTION OF SKUNK HARBOR CONVEYANCE.—
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(1) PURPOSE.—The purpose of this subsection is to amend
Public Law 108–67 (117 Stat. 880) to make a technical correction relating to the land conveyance authorized under that
Act.
(2) TECHNICAL CORRECTION.—Section 2 of Public Law 108–
67 (117 Stat. 880) is amended—
(A) by striking ‘‘Subject to’’ and inserting the following:
‘‘(a) IN GENERAL.—Subject to’’;
(B) in subsection (a) (as designated by paragraph (1)),
by striking ‘‘the parcel’’ and all that follows through the
period at the end and inserting the following: ‘‘and to
approximately 23 acres of land identified as ‘Parcel A’
on the map entitled ‘Skunk Harbor Conveyance Correction’
and dated September 12, 2008, the western boundary of
which is the low water line of Lake Tahoe at elevation
6,223.0′ (Lake Tahoe Datum).’’; and
(C) by adding at the end the following:
‘‘(b) SURVEY AND LEGAL DESCRIPTION.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this subsection, the Secretary of Agriculture
shall complete a survey and legal description of the boundary
lines to establish the boundaries of the trust land.
‘‘(2) TECHNICAL CORRECTIONS.—The Secretary may correct
any technical errors in the survey or legal description completed
under paragraph (1).
‘‘(c) PUBLIC ACCESS AND USE.—Nothing in this Act prohibits
any approved general public access (through existing easements
or by boat) to, or use of, land remaining within the Lake Tahoe
Basin Management Unit after the conveyance of the land to the
Secretary of the Interior, in trust for the Tribe, under subsection
(a), including access to, and use of, the beach and shoreline areas
adjacent to the portion of land conveyed under that subsection.’’.
(3) DATE OF TRUST STATUS.—The trust land described in
section 2(a) of Public Law 108–67 (117 Stat. 880) shall be
considered to be taken into trust as of August 1, 2003.
(4) TRANSFER.—The Secretary of the Interior, acting on
behalf of and for the benefit of the Tribe, shall transfer to
the Secretary of Agriculture administrative jurisdiction over
the land identified as ‘‘Parcel B’’ on the map entitled ‘‘Skunk
Harbor Conveyance Correction’’ and dated September 12, 2008.
(j) AGREEMENT WITH FOREST SERVICE.—The Secretary of Agriculture, in consultation with the Tribe, shall develop and implement
a cooperative agreement that ensures regular access by members
of the Tribe and other people in the community of the Tribe across
National Forest System land from the City to Lake Tahoe for
cultural and religious purposes.
(k) ARTIFACT COLLECTION.—
(1) NOTICE.—At least 180 days before conducting any
ground disturbing activities on the land identified as ‘‘Parcel
#2’’ on the Map, the City shall notify the Tribe of the proposed
activities to provide the Tribe with adequate time to inventory
and collect any artifacts in the affected area.
(2) AUTHORIZED ACTIVITIES.—On receipt of notice under
paragraph (1), the Tribe may collect and possess any artifacts
relating to the Tribe in the land identified as ‘‘Parcel #2’’
on the Map.
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(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
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SEC. 2602. SOUTHERN NEVADA LIMITED TRANSITION AREA CONVEYANCE.
(a) DEFINITIONS.—In this section:
(1) CITY.—The term ‘‘City’’ means the City of Henderson,
Nevada.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) STATE.—The term ‘‘State’’ means the State of Nevada.
(4) TRANSITION AREA.—The term ‘‘Transition Area’’ means
the approximately 502 acres of Federal land located in Henderson, Nevada, and identified as ‘‘Limited Transition Area’’ on
the map entitled ‘‘Southern Nevada Limited Transition Area
Act’’ and dated March 20, 2006.
(b) SOUTHERN NEVADA LIMITED TRANSITION AREA.—
(1) CONVEYANCE.—Notwithstanding the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
on request of the City, the Secretary shall, without consideration and subject to all valid existing rights, convey to the
City all right, title, and interest of the United States in and
to the Transition Area.
(2) USE OF LAND FOR NONRESIDENTIAL DEVELOPMENT.—
(A) IN GENERAL.—After the conveyance to the City
under paragraph (1), the City may sell, lease, or otherwise
convey any portion or portions of the Transition Area for
purposes of nonresidential development.
(B) METHOD OF SALE.—
(i) IN GENERAL.—The sale, lease, or conveyance
of land under subparagraph (A) shall be through a
competitive bidding process.
(ii) FAIR MARKET VALUE.—Any land sold, leased,
or otherwise conveyed under subparagraph (A) shall
be for not less than fair market value.
(C) COMPLIANCE WITH CHARTER.—Except as provided
in subparagraphs (B) and (D), the City may sell, lease,
or otherwise convey parcels within the Transition Area
only in accordance with the procedures for conveyances
established in the City Charter.
(D) DISPOSITION OF PROCEEDS.—The gross proceeds
from the sale of land under subparagraph (A) shall be
distributed in accordance with section 4(e) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat.
2345).
(3) USE OF LAND FOR RECREATION OR OTHER PUBLIC PURPOSES.—The City may elect to retain parcels in the Transition
Area for public recreation or other public purposes consistent
with the Act of June 14, 1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869 et seq.) by
providing to the Secretary written notice of the election.
(4) NOISE COMPATIBILITY REQUIREMENTS.—The City shall—
(A) plan and manage the Transition Area in accordance
with section 47504 of title 49, United States Code (relating
to airport noise compatibility planning), and regulations
promulgated in accordance with that section; and
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(B) agree that if any land in the Transition Area is
sold, leased, or otherwise conveyed by the City, the sale,
lease, or conveyance shall contain a limitation to require
uses compatible with that airport noise compatibility planning.
(5) REVERSION.—
(A) IN GENERAL.—If any parcel of land in the Transition
Area is not conveyed for nonresidential development under
this section or reserved for recreation or other public purposes under paragraph (3) by the date that is 20 years
after the date of enactment of this Act, the parcel of land
shall, at the discretion of the Secretary, revert to the United
States.
(B) INCONSISTENT USE.—If the City uses any parcel
of land within the Transition Area in a manner that is
inconsistent with the uses specified in this subsection—
(i) at the discretion of the Secretary, the parcel
shall revert to the United States; or
(ii) if the Secretary does not make an election
under clause (i), the City shall sell the parcel of land
in accordance with this subsection.
Deadline.
SEC. 2603. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
(a) DEFINITIONS.—In this section:
(1) ALTA-HUALAPAI SITE.—The term ‘‘Alta-Hualapai Site’’
means the approximately 80 acres of land that is—
(A) patented to the City under the Act of June 14,
1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869 et seq.); and
(B) identified on the map as the ‘‘Alta-Hualapai Site’’.
(2) CITY.—The term ‘‘City’’ means the city of Las Vegas,
Nevada.
(3) INSTITUTE.—The term ‘‘Institute’’ means the Nevada
Cancer Institute, a nonprofit organization described under section 501(c)(3) of the Internal Revenue Code of 1986, the principal place of business of which is at 10441 West Twain Avenue,
Las Vegas, Nevada.
(4) MAP.—The term ‘‘map’’ means the map titled ‘‘Nevada
Cancer Institute Expansion Act’’ and dated July 17, 2006.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of the Bureau
of Land Management.
(6) WATER DISTRICT.—The term ‘‘Water District’’ means
the Las Vegas Valley Water District.
(b) LAND CONVEYANCE.—
(1) SURVEY AND LEGAL DESCRIPTION.—The City shall prepare a survey and legal description of the Alta-Hualapai Site.
The survey shall conform to the Bureau of Land Management
cadastral survey standards and be subject to approval by the
Secretary.
(2) ACCEPTANCE.—The Secretary may accept the relinquishment by the City of all or part of the Alta-Hualapai Site.
(3) CONVEYANCE FOR USE AS NONPROFIT CANCER
INSTITUTE.—After relinquishment of all or part of the AltaHualapai Site to the Secretary, and not later than 180 days
after request of the Institute, the Secretary shall convey to
the Institute, subject to valid existing rights, the portion of
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the Alta-Hualapai Site that is necessary for the development
of a nonprofit cancer institute.
(4) ADDITIONAL CONVEYANCES.—Not later than 180 days
after a request from the City, the Secretary shall convey to
the City, subject to valid existing rights, any remaining portion
of the Alta-Hualapai Site necessary for ancillary medical or
nonprofit use compatible with the mission of the Institute.
(5) APPLICABLE LAW.—Any conveyance by the City of any
portion of the land received under this section shall be for
no less than fair market value and the proceeds shall be distributed in accordance with section 4(e)(1) of Public Law 105–
263 (112 Stat. 2345).
(6) TRANSACTION COSTS.—All land conveyed by the Secretary under this section shall be at no cost, except that the
Secretary may require the recipient to bear any costs associated
with transfer of title or any necessary land surveys.
(7) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources
of the Senate a report on all transactions conducted under
Public Law 105–263 (112 Stat. 2345).
(c) RIGHTS-OF-WAY.—Consistent with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), the Secretary may
grant rights-of-way to the Water District on a portion of the AltaHualapai Site for a flood control project and a water pumping
facility.
(d) REVERSION.—Any property conveyed pursuant to this section
which ceases to be used for the purposes specified in this section
shall, at the discretion of the Secretary, revert to the United States,
along with any improvements thereon or thereto.
Deadline.
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SEC. 2604. TURNABOUT RANCH LAND CONVEYANCE, UTAH.
(a) DEFINITIONS.—In this section:
(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the
approximately 25 acres of Bureau of Land Management land
identified on the map as ‘‘Lands to be conveyed to Turnabout
Ranch’’.
(2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Turnabout Ranch Conveyance’’ dated May 12, 2006, and on file
in the office of the Director of the Bureau of Land Management.
(3) MONUMENT.—The term ‘‘Monument’’ means the Grand
Staircase-Escalante National Monument located in southern
Utah.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) TURNABOUT RANCH.—The term ‘‘Turnabout Ranch’’
means the Turnabout Ranch in Escalante, Utah, owned by
Aspen Education Group.
(b) CONVEYANCE OF FEDERAL LAND TO TURNABOUT RANCH.—
(1) IN GENERAL.—Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
if not later than 30 days after completion of the appraisal
required under paragraph (2), Turnabout Ranch of Escalante,
Utah, submits to the Secretary an offer to acquire the Federal
land for the appraised value, the Secretary shall, not later
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than 30 days after the date of the offer, convey to Turnabout
Ranch all right, title, and interest to the Federal land, subject
to valid existing rights.
(2) APPRAISAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall complete an appraisal
of the Federal land. The appraisal shall be completed in accordance with the ‘‘Uniform Appraisal Standards for Federal Land
Acquisitions’’ and the ‘‘Uniform Standards of Professional
Appraisal Practice’’. All costs associated with the appraisal
shall be born by Turnabout Ranch.
(3) PAYMENT OF CONSIDERATION.—Not later than 30 days
after the date on which the Federal land is conveyed under
paragraph (1), as a condition of the conveyance, Turnabout
Ranch shall pay to the Secretary an amount equal to the
appraised value of the Federal land, as determined under paragraph (2).
(4) COSTS OF CONVEYANCE.—As a condition of the conveyance, any costs of the conveyance under this section shall
be paid by Turnabout Ranch.
(5) DISPOSITION OF PROCEEDS.—The Secretary shall deposit
the proceeds from the conveyance of the Federal land under
paragraph (1) in the Federal Land Deposit Account established
by section 206 of the Federal Land Transaction Facilitation
Act(43 U.S.C. 2305), to be expended in accordance with that
Act.
(c) MODIFICATION OF MONUMENT BOUNDARY.—When the
conveyance authorized by subsection (b) is completed, the boundaries of the Grand Staircase-Escalante National Monument in the
State of Utah are hereby modified to exclude the Federal land
conveyed to Turnabout Ranch.
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SEC. 2605. BOY SCOUTS LAND EXCHANGE, UTAH.
(a) DEFINITIONS.—In this section:
(1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ means the Utah
National Parks Council of the Boy Scouts of America.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) BOY SCOUTS OF AMERICA LAND EXCHANGE.—
(1) AUTHORITY TO CONVEY.—
(A) IN GENERAL.—Subject to paragraph (3) and notwithstanding the Act of June 14, 1926 (commonly known
as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C.
869 et seq.), the Boy Scouts may convey to Brian Head
Resort, subject to valid existing rights and, except as provided in subparagraph (B), any rights reserved by the
United States, all right, title, and interest granted to the
Boy Scouts by the original patent to the parcel described
in paragraph (2)(A) in exchange for the conveyance by
Brian Head Resort to the Boy Scouts of all right, title,
and interest in and to the parcels described in paragraph
(2)(B).
(B) REVERSIONARY INTEREST.—On conveyance of the
parcel of land described in paragraph (2)(A), the Secretary
shall have discretion with respect to whether or not the
reversionary interests of the United States are to be exercised.
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(2) DESCRIPTION OF LAND.—The parcels of land referred
to in paragraph (1) are—
(A) the 120-acre parcel that is part of a tract of public
land acquired by the Boy Scouts under the Act of June
14, 1926 (commonly known as the ‘‘Recreation and Public
Purposes Act’’) (43 U.S.C. 869 et seq.) for the purpose
of operating a camp, which is more particularly described
as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26, T. 35
S., R. 9 W., Salt Lake Base and Meridian; and
(B) the 2 parcels of private land owned by Brian Head
Resort that total 120 acres, which are more particularly
described as—
(i) NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25,
T. 35 S., R. 9 W., Salt Lake Base and Meridian; and
(ii) SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W.,
Salt Lake Base Meridian.
(3) CONDITIONS.—On conveyance to the Boy Scouts under
paragraph (1)(A), the parcels of land described in paragraph
(2)(B) shall be subject to the terms and conditions imposed
on the entire tract of land acquired by the Boy Scouts for
a camp under the Bureau of Land Management patent numbered 43–75–0010.
(4) MODIFICATION OF PATENT.—On completion of the
exchange under paragraph (1)(A), the Secretary shall amend
the original Bureau of Land Management patent providing
for the conveyance to the Boy Scouts under the Act of June
14, 1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869 et seq.) numbered 43–75–0010 to
take into account the exchange under paragraph (1)(A).
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SEC. 2606. DOUGLAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) DEFINITIONS.—In this section:
(1) PUBLIC LAND.—The term ‘‘public land’’ means the
approximately 622 acres of Federal land managed by the
Bureau of Land Management and identified for conveyance
on the map prepared by the Bureau of Land Management
entitled ‘‘Douglas County Public Utility District Proposal’’ and
dated March 2, 2006.
(2) PUD.—The term ‘‘PUD’’ means the Public Utility District No. 1 of Douglas County, Washington.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) WELLS HYDROELECTRIC PROJECT.—The term ‘‘Wells
Hydroelectric Project’’ means Federal Energy Regulatory
Commission Project No. 2149.
(b) CONVEYANCE OF PUBLIC LAND, WELLS HYDROELECTRIC
PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY,
WASHINGTON.—
(1) CONVEYANCE REQUIRED.—Notwithstanding the land use
planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712,
1713), and notwithstanding section 24 of the Federal Power
Act (16 U.S.C. 818) and Federal Power Order for Project 2149,
and subject to valid existing rights, if not later than 45 days
after the date of completion of the appraisal required under
paragraph (2), the Public Utility District No. 1 of Douglas
County, Washington, submits to the Secretary an offer to
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acquire the public land for the appraised value, the Secretary
shall convey, not later than 30 days after the date of the
offer, to the PUD all right, title, and interest of the United
States in and to the public land.
(2) APPRAISAL.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall complete an appraisal
of the public land. The appraisal shall be conducted in accordance with the ‘‘Uniform Appraisal Standards for Federal Land
Acquisitions’’ and the ‘‘Uniform Standards of Professional
Appraisal Practice’’.
(3) PAYMENT.—Not later than 30 days after the date on
which the public land is conveyed under this subsection, the
PUD shall pay to the Secretary an amount equal to the
appraised value of the public land as determined under paragraph (2).
(4) MAP AND LEGAL DESCRIPTIONS.—As soon as practicable
after the date of enactment of this Act, the Secretary shall
finalize legal descriptions of the public land to be conveyed
under this subsection. The Secretary may correct any minor
errors in the map referred to in subsection (a)(1) or in the
legal descriptions. The map and legal descriptions shall be
on file and available for public inspection in appropriate offices
of the Bureau of Land Management.
(5) COSTS OF CONVEYANCE.—As a condition of conveyance,
any costs related to the conveyance under this subsection shall
be paid by the PUD.
(6) DISPOSITION OF PROCEEDS.—The Secretary shall deposit
the proceeds from the sale in the Federal Land Disposal
Account established by section 206 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305) to be expended to
improve access to public lands administered by the Bureau
of Land Management in the State of Washington.
(c) SEGREGATION OF LANDS.—
(1) WITHDRAWAL.—Except as provided in subsection (b)(1),
effective immediately upon enactment of this Act, and subject
to valid existing rights, the public land is withdrawn from—
(A) all forms of entry, appropriation, or disposal under
the public land laws, and all amendments thereto;
(B) location, entry, and patenting under the mining
laws, and all amendments thereto; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws, and all amendments thereto.
(2) DURATION.—This subsection expires two years after
the date of enactment of this Act or on the date of the completion of the conveyance under subsection (b), whichever is earlier.
(d) RETAINED AUTHORITY.—The Secretary shall retain the
authority to place conditions on the license to insure adequate
protection and utilization of the public land granted to the Secretary
in section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) until
the Federal Energy Regulatory Commission has issued a new license
for the Wells Hydroelectric Project, to replace the original license
expiring May 31, 2012, consistent with section 15 of the Federal
Power Act (16 U.S.C. 808).
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SEC. 2607. TWIN FALLS, IDAHO, LAND CONVEYANCE.
(a) CONVEYANCE.—As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, shall convey
to the city of Twin Falls, Idaho, subject to valid existing rights,
without consideration, all right, title, and interest of the United
States in and to the 4 parcels of land described in subsection
(b).
(b) LAND DESCRIPTION.—The 4 parcels of land to be conveyed
under subsection (a) are the approximately 165 acres of land in
Twin Falls County, Idaho, that are identified as ‘‘Land to be conveyed to Twin Falls’’ on the map titled ‘‘Twin Falls Land Conveyance’’ and dated July 28, 2008.
(c) MAP ON FILE.—A map depicting the land described in subsection (b) shall be on file and available for public inspection in
the appropriate offices of the Bureau of Land Management.
(d) USE OF CONVEYED LANDS.—
(1) PURPOSE.—The land conveyed under this section shall
be used to support the public purposes of the Auger Falls
Project, including a limited agricultural exemption to allow
for water quality and wildlife habitat improvements.
(2) RESTRICTION.—The land conveyed under this section
shall not be used for residential or commercial purposes, except
for the limited agricultural exemption described in paragraph
(1).
(3) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of
the Interior may require such additional terms and conditions
in connection with the conveyance as the Secretary considers
appropriate to protect the interests of the United States.
(e) REVERSION.—If the land conveyed under this section is
no longer used in accordance with subsection (d)—
(1) the land shall, at the discretion of the Secretary based
on his determination of the best interests of the United States,
revert to the United States; and
(2) if the Secretary chooses to have the land revert to
the United States and if the Secretary determines that the
land is environmentally contaminated, the city of Twin Falls,
Idaho, or any other person responsible for the contamination
shall remediate the contamination.
(f) ADMINISTRATIVE COSTS.—The Secretary shall require that
the city of Twin Falls, Idaho, pay all survey costs and other administrative costs necessary for the preparation and completion of any
patents of and transfer of title to property under this section.
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SEC. 2608. SUNRISE MOUNTAIN INSTANT STUDY AREA RELEASE,
NEVADA.
(a) FINDING.—Congress finds that the land described in subsection (c) has been adequately studied for wilderness designation
under section 603 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782).
(b) RELEASE.—The land described in subsection (c)—
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with—
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
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PUBLIC LAW 111–11—MAR. 30, 2009
(B) cooperative conservation agreements in existence
on the date of the enactment of this Act.
(c) DESCRIPTION OF LAND.—The land referred to in subsections
(a) and (b) is the approximately 70 acres of land in the Sunrise
Mountain Instant Study Area of Clark County, Nevada, that is
designated on the map entitled ‘‘Sunrise Mountain ISA Release
Areas’’ and dated September 6, 2008.
SEC. 2609. PARK CITY, UTAH, LAND CONVEYANCE.
(a) CONVEYANCE OF LAND BY THE BUREAU OF LAND MANAGEPARK CITY, UTAH.—
(1) LAND TRANSFER.—Notwithstanding the planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the Secretary of the Interior shall convey, not later than 180
days after the date of the enactment of this Act, to Park
City, Utah, all right, title, and interest of the United States
in and to two parcels of real property located in Park City,
Utah, that are currently under the management jurisdiction
of the Bureau of Land Management and designated as parcel
8 (commonly known as the White Acre parcel) and parcel 16
(commonly known as the Gambel Oak parcel). The conveyance
shall be subject to all valid existing rights.
(2) DEED RESTRICTION.—The conveyance of the lands under
paragraph (1) shall be made by a deed or deeds containing
a restriction requiring that the lands be maintained as open
space and used solely for public recreation purposes or other
purposes consistent with their maintenance as open space. This
restriction shall not be interpreted to prohibit the construction
or maintenance of recreational facilities, utilities, or other structures that are consistent with the maintenance of the lands
as open space or its use for public recreation purposes.
(3) CONSIDERATION.—In consideration for the transfer of
the land under paragraph (1), Park City shall pay to the Secretary of the Interior an amount consistent with conveyances
to governmental entities for recreational purposes under the
Act of June 14, 1926 (commonly known as the Recreation
and Public Purposes Act; 43 U.S.C. 869 et seq.).
(b) SALE OF BUREAU OF LAND MANAGEMENT LAND IN PARK
CITY, UTAH, AT AUCTION.—
(1) SALE OF LAND.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Interior
shall offer for sale any right, title, or interest of the United
States in and to two parcels of real property located in Park
City, Utah, that are currently under the management jurisdiction of the Bureau of Land Management and are designated
as parcels 17 and 18 in the Park City, Utah, area. The sale
of the land shall be carried out in accordance with the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701)
and other applicable law, other than the planning provisions
of sections 202 and 203 of such Act (43 U.S.C. 1712, 1713),
and shall be subject to all valid existing rights.
(2) METHOD OF SALE.—The sale of the land under paragraph (1) shall be consistent with subsections (d) and (f) of
section 203 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1713) through a competitive bidding process
and for not less than fair market value.
MENT TO
Deadline.
Payments.
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123 STAT. 1125
(c) DISPOSITION OF LAND SALES PROCEEDS.—All proceeds
derived from the sale of land described in this section shall be
deposited in the Federal Land Disposal Account established by
section 206(a) of the Federal Land Transaction Facilitation Act
(43 U.S.C. 2305(a)).
SEC. 2610. RELEASE OF REVERSIONARY INTEREST IN CERTAIN LANDS
IN RENO, NEVADA.
(a) RAILROAD LANDS DEFINED.—For the purposes of this section,
the term ‘‘railroad lands’’ means those lands within the City of
Reno, Nevada, located within portions of sections 10, 11, and 12
of T.19 N., R. 19 E., and portions of section 7 of T.19 N., R.
20 E., Mount Diablo Meridian, Nevada, that were originally granted
to the Union Pacific Railroad under the provisions of the Act of
July 1, 1862, commonly known as the Union Pacific Railroad Act.
(b) RELEASE OF REVERSIONARY INTEREST.—Any reversionary
interests of the United States (including interests under the Act
of July 1, 1862, commonly known as the Union Pacific Railroad
Act) in and to the railroad lands as defined in subsection (a)
of this section are hereby released.
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SEC. 2611. TUOLUMNE BAND OF ME-WUK INDIANS OF THE TUOLUMNE
RANCHERIA.
(a) IN GENERAL.—
(1) FEDERAL LANDS.—Subject to valid existing rights, all
right, title, and interest (including improvements and appurtenances) of the United States in and to the Federal lands
described in subsection (b), the Federal lands shall be declared
to be held in trust by the United States for the benefit of
the Tribe for nongaming purposes, and shall be subject to
the same terms and conditions as those lands described in
the California Indian Land Transfer Act (Public Law 106–
568; 114 Stat. 2921).
(2) TRUST LANDS.—Lands described in subsection (c) of
this section that are taken or to be taken in trust by the
United States for the benefit of the Tribe shall be subject
to subsection (c) of section 903 of the California Indian Land
Transfer Act (Public Law 106–568; 114 Stat. 2921).
(b) FEDERAL LANDS DESCRIBED.—The Federal lands described
in this subsection, comprising approximately 66 acres, are as follows:
(1) Township 1 North, Range 16 East, Section 6, Lots
10 and 12, MDM, containing 50.24 acres more or less.
(2) Township 1 North, Range 16 East, Section 5, Lot 16,
MDM, containing 15.35 acres more or less.
(3) Township 2 North, Range 16 East, Section 32, Indian
Cemetery Reservation within Lot 22, MDM, containing 0.4
acres more or less.
(c) TRUST LANDS DESCRIBED.—The trust lands described in
this subsection, comprising approximately 357 acres, are commonly
referred to as follows:
(1) Thomas property, pending trust acquisition, 104.50
acres.
(2) Coenenburg property, pending trust acquisition, 192.70
acres, subject to existing easements of record, including but
not limited to a non-exclusive easement for ingress and egress
for the benefit of adjoining property as conveyed by Easement
Deed recorded July 13, 1984, in Volume 755, Pages 189 to
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Deadline.
Federal Register,
publication.
Effective date.
PUBLIC LAW 111–11—MAR. 30, 2009
192, and as further defined by Stipulation and Judgment
entered by Tuolumne County Superior Court on September
2, 1983, and recorded June 4, 1984, in Volume 751, Pages
61 to 67.
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres,
trust land.
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land.
(d) SURVEY.—As soon as practicable after the date of the enactment of this Act, the Office of Cadastral Survey of the Bureau
of Land Management shall complete fieldwork required for a survey
of the lands described in subsections (b) and (c) for the purpose
of incorporating those lands within the boundaries of the Tuolumne
Rancheria. Not later than 90 days after that fieldwork is completed,
that office shall complete the survey.
(e) LEGAL DESCRIPTIONS.—
(1) PUBLICATION.—On approval by the Community Council
of the Tribe of the survey completed under subsection (d),
the Secretary of the Interior shall publish in the Federal Register—
(A) a legal description of the new boundary lines of
the Tuolumne Rancheria; and
(B) a legal description of the land surveyed under
subsection (d).
(2) EFFECT.—Beginning on the date on which the legal
descriptions are published under paragraph (1), such legal
descriptions shall be the official legal descriptions of those
boundary lines of the Tuolumne Rancheria and the lands surveyed.
TITLE III—FOREST SERVICE
AUTHORIZATIONS
Subtitle A—Watershed Restoration and
Enhancement
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SEC. 3001. WATERSHED RESTORATION AND ENHANCEMENT AGREEMENTS.
Section 323 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public
Law 105–277), is amended—
(1) in subsection (a), by striking ‘‘each of fiscal years 2006
through 2011’’ and inserting ‘‘fiscal year 2006 and each fiscal
year thereafter’’;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
‘‘(d) APPLICABLE LAW.—Chapter 63 of title 31, United States
Code, shall not apply to—
‘‘(1) a watershed restoration and enhancement agreement
entered into under this section; or
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‘‘(2) an agreement entered into under the first section of
Public Law 94–148 (16 U.S.C. 565a–1).’’.
Subtitle B—Wildland Firefighter Safety
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SEC. 3101. WILDLAND FIREFIGHTER SAFETY.
16 USC 551d.
(a) DEFINITIONS.—In this section:
(1) SECRETARIES.—The term ‘‘Secretaries’’ means—
(A) the Secretary of the Interior, acting through the
Directors of the Bureau of Land Management, the United
States Fish and Wildlife Service, the National Park Service,
and the Bureau of Indian Affairs; and
(B) the Secretary of Agriculture, acting through the
Chief of the Forest Service.
(2) WILDLAND FIREFIGHTER.—The term ‘‘wildland firefighter’’ means any person who participates in wildland firefighting activities—
(A) under the direction of either of the Secretaries;
or
(B) under a contract or compact with a federally recognized Indian tribe.
(b) ANNUAL REPORT TO CONGRESS.—
(1) IN GENERAL.—The Secretaries shall jointly submit to
Congress an annual report on the wildland firefighter safety
practices of the Secretaries, including training programs and
activities for wildland fire suppression, prescribed burning, and
wildland fire use, during the preceding calendar year.
(2) TIMELINE.—Each report under paragraph (1) shall—
(A) be submitted by not later than March of the year
following the calendar year covered by the report; and
(B) include—
(i) a description of, and any changes to, wildland
firefighter safety practices, including training programs
and activities for wildland fire suppression, prescribed
burning, and wildland fire use;
(ii) statistics and trend analyses;
(iii) an estimate of the amount of Federal funds
expended by the Secretaries on wildland firefighter
safety practices, including training programs and
activities for wildland fire suppression, prescribed
burning, and wildland fire use;
(iv) progress made in implementing recommendations from the Inspector General, the Government
Accountability Office, the Occupational Safety and
Health Administration, or an agency report relating
to a wildland firefighting fatality issued during the
preceding 10 years; and
(v) a description of—
(I) the provisions relating to wildland firefighter safety practices in any Federal contract
or other agreement governing the provision of
wildland firefighters by a non-Federal entity;
(II) a summary of any actions taken by the
Secretaries to ensure that the provisions relating
to safety practices, including training, are complied
with by the non-Federal entity; and
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PUBLIC LAW 111–11—MAR. 30, 2009
(III) the results of those actions.
Subtitle C—Wyoming Range
SEC. 3201. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) WYOMING RANGE WITHDRAWAL AREA.—The term
‘‘Wyoming Range Withdrawal Area’’ means all National Forest
System land and federally owned minerals located within the
boundaries of the Bridger-Teton National Forest identified on
the map entitled ‘‘Wyoming Range Withdrawal Area’’ and dated
October 17, 2007, on file with the Office of the Chief of the
Forest Service and the Office of the Supervisor of the BridgerTeton National Forest.
SEC. 3202. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.
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(a) WITHDRAWAL.—Except as provided in subsection (f), subject
to valid existing rights as of the date of enactment of this Act
and the provisions of this subtitle, land in the Wyoming Range
Withdrawal Area is withdrawn from—
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws;
and
(3) disposition under laws relating to mineral and geothermal leasing.
(b) EXISTING RIGHTS.—If any right referred to in subsection
(a) is relinquished or otherwise acquired by the United States
(including through donation under section 3203) after the date
of enactment of this Act, the land subject to that right shall be
withdrawn in accordance with this section.
(c) BUFFERS.—Nothing in this section requires—
(1) the creation of a protective perimeter or buffer area
outside the boundaries of the Wyoming Range Withdrawal
Area; or
(2) any prohibition on activities outside of the boundaries
of the Wyoming Range Withdrawal Area that can be seen
or heard from within the boundaries of the Wyoming Range
Withdrawal Area.
(d) LAND AND RESOURCE MANAGEMENT PLAN.—
(1) IN GENERAL.—Subject to paragraph (2), the BridgerTeton National Land and Resource Management Plan
(including any revisions to the Plan) shall apply to any land
within the Wyoming Range Withdrawal Area.
(2) CONFLICTS.—If there is a conflict between this subtitle
and the Bridger-Teton National Land and Resource Management Plan, this subtitle shall apply.
(e) PRIOR LEASE SALES.—Nothing in this section prohibits the
Secretary from taking any action necessary to issue, deny, remove
the suspension of, or cancel a lease, or any sold lease parcel that
has not been issued, pursuant to any lease sale conducted prior
to the date of enactment of this Act, including the completion
of any requirements under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
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(f) EXCEPTION.—Notwithstanding the withdrawal in subsection
(a), the Secretary may lease oil and gas resources in the Wyoming
Range Withdrawal Area that are within 1 mile of the boundary
of the Wyoming Range Withdrawal Area in accordance with the
Mineral Leasing Act (30 U.S.C. 181 et seq.) and subject to the
following conditions:
(1) The lease may only be accessed by directional drilling
from a lease held by production on the date of enactment
of this Act on National Forest System land that is adjacent
to, and outside of, the Wyoming Range Withdrawal Area.
(2) The lease shall prohibit, without exception or waiver,
surface occupancy and surface disturbance for any activities,
including activities related to exploration, development, or
production.
(3) The directional drilling may extend no further than
1 mile inside the boundary of the Wyoming Range Withdrawal
Area.
SEC. 3203. ACCEPTANCE OF THE DONATION OF VALID EXISTING
MINING OR LEASING RIGHTS IN THE WYOMING RANGE.
(a) NOTIFICATION OF LEASEHOLDERS.—Not later than 120 days
after the date of enactment of this Act, the Secretary shall provide
notice to holders of valid existing mining or leasing rights within
the Wyoming Range Withdrawal Area of the potential opportunity
for repurchase of those rights and retirement under this section.
(b) REQUEST FOR LEASE RETIREMENT.—
(1) IN GENERAL.—A holder of a valid existing mining or
leasing right within the Wyoming Range Withdrawal Area may
submit a written notice to the Secretary of the interest of
the holder in the retirement and repurchase of that right.
(2) LIST OF INTERESTED HOLDERS.—The Secretary shall prepare a list of interested holders and make the list available
to any non-Federal entity or person interested in acquiring
that right for retirement by the Secretary.
(c) PROHIBITION.—The Secretary may not use any Federal funds
to purchase any right referred to in subsection (a).
(d) DONATION AUTHORITY.—The Secretary shall—
(1) accept the donation of any valid existing mining or
leasing right in the Wyoming Range Withdrawal Area from
the holder of that right or from any non-Federal entity or
person that acquires that right; and
(2) on acceptance, cancel that right.
(e) RELATIONSHIP TO OTHER AUTHORITY.—Nothing in this subtitle affects any authority the Secretary may otherwise have to
modify, suspend, or terminate a lease without compensation, or
to recognize the transfer of a valid existing mining or leasing
right, if otherwise authorized by law.
Deadline.
Subtitle D—Land Conveyances and
Exchanges
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SEC. 3301. LAND CONVEYANCE TO CITY OF COFFMAN COVE, ALASKA.
(a) DEFINITIONS.—In this section:
(1) CITY.—The term ‘‘City’’ means the city of Coffman Cove,
Alaska.
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PUBLIC LAW 111–11—MAR. 30, 2009
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(b) CONVEYANCE.—
(1) IN GENERAL.—Subject to valid existing rights, the Secretary shall convey to the City, without consideration and by
quitclaim deed all right, title, and interest of the United States,
except as provided in paragraphs (3) and (4), in and to the
parcel of National Forest System land described in paragraph
(2).
(2) DESCRIPTION OF LAND.—
(A) IN GENERAL.—The parcel of National Forest System
land referred to in paragraph (1) is the approximately
12 acres of land identified in U.S. Survey 10099, as depicted
on the plat entitled ‘‘Subdivision of U.S. Survey No. 10099’’
and recorded as Plat 2003–1 on January 21, 2003, Petersburg Recording District, Alaska.
(B) EXCLUDED LAND.—The parcel of National Forest
System land conveyed under paragraph (1) does not include
the portion of U.S. Survey 10099 that is north of the
right-of-way for Forest Development Road 3030–295 and
southeast of Tract CC–8.
(3) RIGHT-OF-WAY.—The United States may reserve a rightof-way to provide access to the National Forest System land
excluded from the conveyance to the City under paragraph
(2)(B).
(4) REVERSION.—If any portion of the land conveyed under
paragraph (1) (other than a portion of land sold under paragraph (5)) ceases to be used for public purposes, the land
shall, at the option of the Secretary, revert to the United
States.
(5) CONDITIONS ON SUBSEQUENT CONVEYANCES.—If the City
sells any portion of the land conveyed to the City under paragraph (1)—
(A) the amount of consideration for the sale shall reflect
fair market value, as determined by an appraisal; and
(B) the City shall pay to the Secretary an amount
equal to the gross proceeds of the sale, which shall be
available, without further appropriation, for the Tongass
National Forest.
Appraisal.
Payments.
SEC.
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BEAVERHEAD-DEERLODGE
CONVEYANCE, MONTANA.
NATIONAL
FOREST
LAND
(a) DEFINITIONS.—In this section:
(1) COUNTY.—The term ‘‘County’’ means Jefferson County,
Montana.
(2) MAP.—The term ‘‘map’’ means the map that is—
(A) entitled ‘‘Elkhorn Cemetery’’;
(B) dated May 9, 2005; and
(C) on file in the office of the Beaverhead-Deerlodge
National Forest Supervisor.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(b) CONVEYANCE TO JEFFERSON COUNTY, MONTANA.—
(1) CONVEYANCE.—Not later than 180 days after the date
of enactment of this Act and subject to valid existing rights,
the Secretary (acting through the Regional Forester, Northern
Region, Missoula, Montana) shall convey by quitclaim deed
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123 STAT. 1131
to the County for no consideration, all right, title, and interest
of the United States, except as provided in paragraph (5),
in and to the parcel of land described in paragraph (2).
(2) DESCRIPTION OF LAND.—The parcel of land referred
to in paragraph (1) is the parcel of approximately 9.67 acres
of National Forest System land (including any improvements
to the land) in the County that is known as the ‘‘Elkhorn
Cemetery’’, as generally depicted on the map.
(3) USE OF LAND.—As a condition of the conveyance under
paragraph (1), the County shall—
(A) use the land described in paragraph (2) as a County
cemetery; and
(B) agree to manage the cemetery with due consideration and protection for the historic and cultural values
of the cemetery, under such terms and conditions as are
agreed to by the Secretary and the County.
(4) EASEMENT.—In conveying the land to the County under
paragraph (1), the Secretary, in accordance with applicable
law, shall grant to the County an easement across certain
National Forest System land, as generally depicted on the
map, to provide access to the land conveyed under that paragraph.
(5) REVERSION.—In the quitclaim deed to the County, the
Secretary shall provide that the land conveyed to the County
under paragraph (1) shall revert to the Secretary, at the election
of the Secretary, if the land is—
(A) used for a purpose other than the purposes
described in paragraph (3)(A); or
(B) managed by the County in a manner that is inconsistent with paragraph (3)(B).
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SEC. 3303. SANTA FE NATIONAL FOREST; PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE.
New Mexico.
(a) DEFINITIONS.—In this section:
(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the
approximately 160 acres of Federal land within the Santa Fe
National Forest in the State, as depicted on the map.
(2) LANDOWNER.—The term ‘‘landowner’’ means the 1 or
more owners of the non-Federal land.
(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Proposed Land Exchange for Pecos National Historical Park’’, numbered 430/80,054, dated November 19, 1999, and revised September 18, 2000.
(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means the approximately 154 acres of non-Federal land in
the Park, as depicted on the map.
(5) PARK.—The term ‘‘Park’’ means the Pecos National
Historical Park in the State.
(6) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture, acting
jointly.
(7) STATE.—The term ‘‘State’’ means the State of New
Mexico.
(b) LAND EXCHANGE.—
(1) IN GENERAL.—If the Secretary of the Interior accepts
the non-Federal land, title to which is acceptable to the Secretary of the Interior, the Secretary of Agriculture shall, subject
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to the conditions of this section and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), convey to the
landowner the Federal land.
(2) EASEMENT.—
(A) IN GENERAL.—As a condition of the conveyance
of the non-Federal land, the landowner may reserve an
easement (including an easement for service access) for
water pipelines to 2 well sites located in the Park, as
generally depicted on the map.
(B) ROUTE.—The Secretary of the Interior and the landowner shall determine the appropriate route of the easement through the non-Federal land.
(C) TERMS AND CONDITIONS.—The easement shall
include such terms and conditions relating to the use of,
and access to, the well sites and pipeline, as the Secretary
of the Interior and the landowner determine to be appropriate.
(D) APPLICABLE LAW.—The easement shall be established, operated, and maintained in compliance with
applicable Federal, State, and local laws.
(3) VALUATION, APPRAISALS, AND EQUALIZATION.—
(A) IN GENERAL.—The value of the Federal land and
non-Federal land—
(i) shall be equal, as determined by appraisals
conducted in accordance with subparagraph (B); or
(ii) if the value is not equal, shall be equalized
in accordance with subparagraph (C).
(B) APPRAISALS.—
(i) IN GENERAL.—The Federal land and non-Federal land shall be appraised by an independent
appraiser selected by the Secretaries.
(ii) REQUIREMENTS.—An appraisal conducted
under clause (i) shall be conducted in accordance
with—
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(II) the Uniform Standards of Professional
Appraisal Practice.
(iii) APPROVAL.—The appraisals conducted under
this subparagraph shall be submitted to the Secretaries
for approval.
(C) EQUALIZATION OF VALUES.—
(i) IN GENERAL.—If the values of the non-Federal
land and the Federal land are not equal, the values
may be equalized in accordance with section 206 of
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716).
(ii) CASH EQUALIZATION PAYMENTS.—Any amounts
received by the Secretary of Agriculture as a cash
equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)) shall—
(I) be deposited in the fund established by
Public Law 90–171 (commonly known as the ‘‘Sisk
Act’’) (16 U.S.C. 484a); and
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(II) be available for expenditure, without further appropriation, for the acquisition of land and
interests in land in the State.
(4) COSTS.—Before the completion of the exchange under
this subsection, the Secretaries and the landowner shall enter
into an agreement that allocates the costs of the exchange
among the Secretaries and the landowner.
(5) APPLICABLE LAW.—Except as otherwise provided in this
section, the exchange of land and interests in land under this
section shall be in accordance with—
(A) section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and
(B) other applicable Federal, State, and local laws.
(6) ADDITIONAL TERMS AND CONDITIONS.—The Secretaries
may require, in addition to any requirements under this section,
such terms and conditions relating to the exchange of Federal
land and non-Federal land and the granting of easements under
this section as the Secretaries determine to be appropriate
to protect the interests of the United States.
(7) COMPLETION OF THE EXCHANGE.—
(A) IN GENERAL.—The exchange of Federal land and
non-Federal land shall be completed not later than 180
days after the later of—
(i) the date on which the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) have been met;
(ii) the date on which the Secretary of the Interior
approves the appraisals under paragraph (3)(B)(iii);
or
(iii) the date on which the Secretaries and the
landowner agree on the costs of the exchange and
any other terms and conditions of the exchange under
this subsection.
(B) NOTICE.—The Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives notice of the completion of the exchange of Federal
land and non-Federal land under this subsection.
(c) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary of the Interior shall administer the non-Federal land acquired under this section in accordance with the laws generally applicable to units of the National
Park System, including the Act of August 25, 1916 (commonly
known as the ‘‘National Park Service Organic Act’’) (16 U.S.C.
1 et seq.).
(2) MAPS.—
(A) IN GENERAL.—The map shall be on file and available for public inspection in the appropriate offices of the
Secretaries.
(B) TRANSMITTAL OF REVISED MAP TO CONGRESS.—Not
later than 180 days after completion of the exchange, the
Secretaries shall transmit to the Committee on Energy
and Natural Resources of the Senate and the Committee
on Resources of the House of Representatives a revised
map that depicts—
(i) the Federal land and non-Federal land
exchanged under this section; and
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Deadline.
Deadline.
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(ii) the easement described in subsection (b)(2).
SEC. 3304. SANTA FE NATIONAL FOREST LAND CONVEYANCE, NEW
MEXICO.
(a) DEFINITIONS.—In this section:
(1) CLAIM.—The term ‘‘Claim’’ means a claim of the Claimants to any right, title, or interest in any land located in
lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico Principal
Meridian, San Miguel County, New Mexico, except as provided
in subsection (b)(1).
(2) CLAIMANTS.—The term ‘‘Claimants’’ means Ramona
Lawson and Boyd Lawson.
(3) FEDERAL LAND.—The term ‘‘Federal land’’ means a
parcel of National Forest System land in the Santa Fe National
Forest, New Mexico, that is—
(A) comprised of approximately 6.20 acres of land; and
(B) described and delineated in the survey.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Forest Service Regional Forester, Southwestern Region.
(5) SURVEY.—The term ‘‘survey’’ means the survey plat
entitled ‘‘Boundary Survey and Conservation Easement Plat’’,
prepared by Chris A. Chavez, Land Surveyor, Forest Service,
NMPLS#12793, and recorded on February 27, 2007, at book
55, page 93, of the land records of San Miguel County, New
Mexico.
(b) SANTA FE NATIONAL FOREST LAND CONVEYANCE.—
(1) IN GENERAL.—The Secretary shall, except as provided
in subparagraph (A) and subject to valid existing rights, convey
and quitclaim to the Claimants all right, title, and interest
of the United States in and to the Federal land in exchange
for—
(A) the grant by the Claimants to the United States
of a scenic easement to the Federal land that—
(i) protects the purposes for which the Federal
land was designated under the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.); and
(ii) is determined to be acceptable by the Secretary;
and
(B) a release of the United States by the Claimants
of—
(i) the Claim; and
(ii) any additional related claims of the Claimants
against the United States.
(2) SURVEY.—The Secretary, with the approval of the
Claimants, may make minor corrections to the survey and
legal description of the Federal land to correct clerical, typographical, and surveying errors.
(3) SATISFACTION OF CLAIM.—The conveyance of Federal
land under paragraph (1) shall constitute a full satisfaction
of the Claim.
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SEC. 3305. KITTITAS COUNTY, WASHINGTON, LAND CONVEYANCE.
(a) CONVEYANCE REQUIRED.—The Secretary of Agriculture shall
convey, without consideration, to the King and Kittitas Counties
Fire District #51 of King and Kittitas Counties, Washington (in
this section referred to as the ‘‘District’’), all right, title, and interest
of the United States in and to a parcel of National Forest System
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land in Kittitas County, Washington, consisting of approximately
1.5 acres within the SW1⁄4 of the SE1⁄4 of section 4, township
22 north, range 11 east, Willamette meridian, for the purpose
of permitting the District to use the parcel as a site for a new
Snoqualmie Pass fire and rescue station.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to the property shall revert, at the option of the Secretary, to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after
an opportunity for a hearing.
(c) SURVEY.—If necessary, the exact acreage and legal description of the lands to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost
of a survey shall be borne by the District.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 3306. MAMMOTH COMMUNITY WATER DISTRICT USE RESTRICTIONS.
Notwithstanding Public Law 90–171 (commonly known as the
‘‘Sisk Act’’) (16 U.S.C. 484a), the approximately 36.25 acres patented
to the Mammoth County Water District (now known as the ‘‘Mammoth Community Water District’’) by Patent No. 04–87–0038, on
June 26, 1987, and recorded in volume 482, at page 516, of the
official records of the Recorder’s Office, Mono County, California,
may be used for any public purpose.
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SEC. 3307. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST,
UTAH.
(a) DEFINITIONS.—In this section:
(1) CITY.—The term ‘‘City’’ means the City of Bountiful,
Utah.
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the
land under the jurisdiction of the Secretary identified on the
map as ‘‘Shooting Range Special Use Permit Area’’.
(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘Bountiful City Land Consolidation Act’’ and dated October 15, 2007.
(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means the 3 parcels of City land comprising a total of approximately 1,680 acres, as generally depicted on the map.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(b) EXCHANGE.—Subject to subsections (d) through (h), if the
City conveys to the Secretary all right, title, and interest of the
City in and to the non-Federal land, the Secretary shall convey
to the City all right, title, and interest of the United States in
and to the Federal land.
(c) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the Forest
Service.
(d) VALUATION AND EQUALIZATION.—
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123 STAT. 1136
PUBLIC LAW 111–11—MAR. 30, 2009
(1) VALUATION.—The value of the Federal land and the
non-Federal land to be conveyed under subsection (b)—
(A) shall be equal, as determined by appraisals carried
out in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716); or
(B) if not equal, shall be equalized in accordance with
paragraph (2).
(2) EQUALIZATION.—If the value of the Federal land and
the non-Federal land to be conveyed in a land exchange under
this section is not equal, the value may be equalized by—
(A) making a cash equalization payment to the Secretary or to the City, as appropriate; or
(B) reducing the acreage of the Federal land or the
non-Federal land to be exchanged, as appropriate.
(e) APPLICABLE LAW.—Section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) shall apply to the
land exchange authorized under subsection (b), except that the
Secretary may accept a cash equalization payment in excess of
25 percent of the value of the Federal land.
(f) CONDITIONS.—
(1) LIABILITY.—
(A) IN GENERAL.—As a condition of the exchange under
subsection (b), the Secretary shall—
(i) require that the City—
(I) assume all liability for the shooting range
located on the Federal land, including the past,
present, and future condition of the Federal land;
and
(II) hold the United States harmless for any
liability for the condition of the Federal land; and
(ii) comply with the hazardous substances disclosure requirements of section 120(h) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
(B) LIMITATION.—Clauses (ii) and (iii) of section
120(h)(3)(A) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9620(h)(3)(A)) shall not apply to the conveyance of Federal
land under subsection (b).
(2) ADDITIONAL TERMS AND CONDITIONS.—The land
exchange under subsection (b) shall be subject to—
(A) valid existing rights; and
(B) such additional terms and conditions as the Secretary may require.
(g) MANAGEMENT OF ACQUIRED LAND.—The non-Federal land
acquired by the Secretary under subsection (b) shall be—
(1) added to, and administered as part of, the WasatchCache National Forest; and
(2) managed by the Secretary in accordance with—
(A) the Act of March 1, 1911 (commonly known as
the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to the
National Forest System.
(h) EASEMENTS; RIGHTS-OF-WAY.—
(1) BONNEVILLE SHORELINE TRAIL EASEMENT.—In carrying
out the land exchange under subsection (b), the Secretary shall
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ensure that an easement not less than 60 feet in width is
reserved for the Bonneville Shoreline Trail.
(2) OTHER RIGHTS-OF-WAY.—The Secretary and the City
may reserve any other rights-of-way for utilities, roads, and
trails that—
(A) are mutually agreed to by the Secretary and the
City; and
(B) the Secretary and the City consider to be in the
public interest.
(i) DISPOSAL OF REMAINING FEDERAL LAND.—
(1) IN GENERAL.—The Secretary may, by sale or exchange,
dispose of all, or a portion of, the parcel of National Forest
System land comprising approximately 220 acres, as generally
depicted on the map that remains after the conveyance of
the Federal land authorized under subsection (b), if the Secretary determines, in accordance with paragraph (2), that the
land or portion of the land is in excess of the needs of the
National Forest System.
(2) REQUIREMENTS.—A determination under paragraph (1)
shall be made—
(A) pursuant to an amendment of the land and resource
management plan for the Wasatch-Cache National Forest;
and
(B) after carrying out a public process consistent with
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(3) CONSIDERATION.—As consideration for any conveyance
of Federal land under paragraph (1), the Secretary shall require
payment of an amount equal to not less than the fair market
value of the conveyed National Forest System land.
(4) RELATION TO OTHER LAWS.—Any conveyance of Federal
land under paragraph (1) by exchange shall be subject to section
206 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716).
(5) DISPOSITION OF PROCEEDS.—Any amounts received by
the Secretary as consideration under subsection (d) or paragraph (3) shall be—
(A) deposited in the fund established under Public
Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C.
484a); and
(B) available to the Secretary, without further appropriation and until expended, for the acquisition of land
or interests in land to be included in the Wasatch-Cache
National Forest.
(6) ADDITIONAL TERMS AND CONDITIONS.—Any conveyance
of Federal land under paragraph (1) shall be subject to—
(A) valid existing rights; and
(B) such additional terms and conditions as the Secretary may require.
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SEC. 3308. BOUNDARY ADJUSTMENT, FRANK CHURCH RIVER OF NO
RETURN WILDERNESS.
(a) PURPOSES.—The purposes of this section are—
(1) to adjust the boundaries of the wilderness area; and
(2) to authorize the Secretary to sell the land designated
for removal from the wilderness area due to encroachment.
(b) DEFINITIONS.—In this section:
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Payments.
Idaho.
16 USC 1132
note.
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123 STAT. 1138
PUBLIC LAW 111–11—MAR. 30, 2009
(1) LAND DESIGNATED FOR EXCLUSION.—The term ‘‘land
designated for exclusion’’ means the parcel of land that is—
(A) comprised of approximately 10.2 acres of land;
(B) generally depicted on the survey plat entitled ‘‘Proposed Boundary Change FCRONRW Sections 15
(unsurveyed) Township 14 North, Range 13 East, B.M.,
Custer County, Idaho’’ and dated November 14, 2001; and
(C) more particularly described in the survey plat and
legal description on file in—
(i) the office of the Chief of the Forest Service,
Washington, DC; and
(ii) the office of the Intermountain Regional Forester, Ogden, Utah.
(2) LAND DESIGNATED FOR INCLUSION.—The term ‘‘land designated for inclusion’’ means the parcel of National Forest
System land that is—
(A) comprised of approximately 10.2 acres of land;
(B) located in unsurveyed section 22, T. 14 N., R.
13 E., Boise Meridian, Custer County, Idaho;
(C) generally depicted on the map entitled ‘‘Challis
National Forest, T.14 N., R. 13 E., B.M., Custer County,
Idaho, Proposed Boundary Change FCRONRW’’ and dated
September 19, 2007; and
(D) more particularly described on the map and legal
description on file in—
(i) the office of the Chief of the Forest Service,
Washington, DC; and
(ii) the Intermountain Regional Forester, Ogden,
Utah.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(4) WILDERNESS AREA.—The term ‘‘wilderness area’’ means
the Frank Church River of No Return Wilderness designated
by section 3 of the Central Idaho Wilderness Act of 1980 (16
U.S.C. 1132 note; 94 Stat. 948).
(c) BOUNDARY ADJUSTMENT.—
(1) ADJUSTMENT TO WILDERNESS AREA.—
(A) INCLUSION.—The wilderness area shall include the
land designated for inclusion.
(B) EXCLUSION.—The wilderness area shall not include
the land designated for exclusion.
(2) CORRECTIONS TO LEGAL DESCRIPTIONS.—The Secretary
may make corrections to the legal descriptions.
(d) CONVEYANCE OF LAND DESIGNATED FOR EXCLUSION.—
(1) IN GENERAL.—Subject to paragraph (2), to resolve the
encroachment on the land designated for exclusion, the Secretary may sell for consideration in an amount equal to fair
market value—
(A) the land designated for exclusion; and
(B) as the Secretary determines to be necessary, not
more than 10 acres of land adjacent to the land designated
for exclusion.
(2) CONDITIONS.—The sale of land under paragraph (1)
shall be subject to the conditions that—
(A) the land to be conveyed be appraised in accordance
with the Uniform Appraisal Standards for Federal Land
Acquisitions;
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(B) the person buying the land shall pay—
(i) the costs associated with appraising and, if
the land needs to be resurveyed, resurveying the land;
and
(ii) any analyses and closing costs associated with
the conveyance;
(C) for management purposes, the Secretary may reconfigure the description of the land for sale; and
(D) the owner of the adjacent private land shall have
the first opportunity to buy the land.
(3) DISPOSITION OF PROCEEDS.—
(A) IN GENERAL.—The Secretary shall deposit the cash
proceeds from a sale of land under paragraph (1) in the
fund established under Public Law 90–171 (commonly
known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(B) AVAILABILITY AND USE.—Amounts deposited under
subparagraph (A)—
(i) shall remain available until expended for the
acquisition of land for National Forest purposes in
the State of Idaho; and
(ii) shall not be subject to transfer or reprogramming for—
(I) wildland fire management; or
(II) any other emergency purposes.
Payments.
SEC. 3309. SANDIA PUEBLO LAND EXCHANGE TECHNICAL AMENDMENT.
Section 413(b) of the T’uf Shur Bien Preservation Trust Area
Act (16 U.S.C. 539m–11) is amended—
(1) in paragraph (1), by inserting ‘‘3,’’ after ‘‘sections’’; and
(2) in the first sentence of paragraph (4), by inserting
‘‘, as a condition of the conveyance,’’ before ‘‘remain’’.
Subtitle E—Colorado Northern Front
Range Study
SEC. 3401. PURPOSE.
The purpose of this subtitle is to identify options that may
be available to assist in maintaining the open space characteristics
of land that is part of the mountain backdrop of communities
in the northern section of the Front Range area of Colorado.
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SEC. 3402. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(2) STATE.—The term ‘‘State’’ means the State of Colorado.
(3) STUDY AREA.—
(A) IN GENERAL.—The term ‘‘study area’’ means the
land in southern Boulder, northern Jefferson, and northern
Gilpin Counties, Colorado, that is located west of Colorado
State Highway 93, south and east of Colorado State Highway 119, and north of Colorado State Highway 46, as
generally depicted on the map entitled ‘‘Colorado Northern
Front Range Mountain Backdrop Protection Study Act:
Study Area’’ and dated August 27, 2008.
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(B) EXCLUSIONS.—The term ‘‘study area’’ does not
include land within the city limits of the cities of Arvada,
Boulder, or Golden, Colorado.
(4) UNDEVELOPED LAND.—The term ‘‘undeveloped land’’
means land—
(A) that is located within the study area;
(B) that is free or primarily free of structures; and
(C) the development of which is likely to affect
adversely the scenic, wildlife, or recreational value of the
study area.
SEC. 3403. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY.
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(a) STUDY; REPORT.—Not later than 1 year after the date of
enactment of this Act and except as provided in subsection (c),
the Secretary shall—
(1) conduct a study of the land within the study area;
and
(2) complete a report that—
(A) identifies the present ownership of the land within
the study area;
(B) identifies any undeveloped land that may be at
risk of development; and
(C) describes any actions that could be taken by the
United States, the State, a political subdivision of the
State, or any other parties to preserve the open and
undeveloped character of the land within the study area.
(b) REQUIREMENTS.—The Secretary shall conduct the study and
develop the report under subsection (a) with the support and participation of 1 or more of the following State and local entities:
(1) The Colorado Department of Natural Resources.
(2) Colorado State Forest Service.
(3) Colorado State Conservation Board.
(4) Great Outdoors Colorado.
(5) Boulder, Jefferson, and Gilpin Counties, Colorado.
(c) LIMITATION.—If the State and local entities specified in
subsection (b) do not support and participate in the conduct of
the study and the development of the report under this section,
the Secretary may—
(1) decrease the area covered by the study area, as appropriate; or
(2)(A) opt not to conduct the study or develop the report;
and
(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives notice of the decision
not to conduct the study or develop the report.
(d) EFFECT.—Nothing in this subtitle authorizes the Secretary
to take any action that would affect the use of any land not
owned by the United States.
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123 STAT. 1141
TITLE IV—FOREST LANDSCAPE
RESTORATION
SEC. 4001. PURPOSE.
16 USC 7301.
The purpose of this title is to encourage the collaborative,
science-based ecosystem restoration of priority forest landscapes
through a process that—
(1) encourages ecological, economic, and social sustainability;
(2) leverages local resources with national and private
resources;
(3) facilitates the reduction of wildfire management costs,
including through reestablishing natural fire regimes and
reducing the risk of uncharacteristic wildfire; and
(4) demonstrates the degree to which—
(A) various ecological restoration techniques—
(i) achieve ecological and watershed health objectives; and
(ii) affect wildfire activity and management costs;
and
(B) the use of forest restoration byproducts can offset
treatment costs while benefitting local rural economies and
improving forest health.
SEC. 4002. DEFINITIONS.
16 USC 7302.
In this title:
(1) FUND.—The term ‘‘Fund’’ means the Collaborative
Forest Landscape Restoration Fund established by section
4003(f).
(2) PROGRAM.—The term ‘‘program’’ means the Collaborative Forest Landscape Restoration Program established under
section 4003(a).
(3) PROPOSAL.—The term ‘‘proposal’’ means a collaborative
forest landscape restoration proposal described in section
4003(b).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(5) STRATEGY.—The term ‘‘strategy’’ means a landscape
restoration strategy described in section 4003(b)(1).
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SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
16 USC 7303.
(a) IN GENERAL.—The Secretary, in consultation with the Secretary of the Interior, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration
treatments for priority forest landscapes in accordance with—
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
(2) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(3) any other applicable law.
(b) ELIGIBILITY CRITERIA.—To be eligible for nomination under
subsection (c), a collaborative forest landscape restoration proposal
shall—
(1) be based on a landscape restoration strategy that—
(A) is complete or substantially complete;
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PUBLIC LAW 111–11—MAR. 30, 2009
(B) identifies and prioritizes ecological restoration
treatments for a 10-year period within a landscape that
is—
(i) at least 50,000 acres;
(ii) comprised primarily of forested National Forest
System land, but may also include land under the
jurisdiction of the Bureau of Land Management, land
under the jurisdiction of the Bureau of Indian Affairs,
or other Federal, State, tribal, or private land;
(iii) in need of active ecosystem restoration; and
(iv) accessible by existing or proposed wood-processing infrastructure at an appropriate scale to use
woody biomass and small-diameter wood removed in
ecological restoration treatments;
(C) incorporates the best available science and scientific application tools in ecological restoration strategies;
(D) fully maintains, or contributes toward the restoration of, the structure and composition of old growth stands
according to the pre-fire suppression old growth conditions
characteristic of the forest type, taking into account the
contribution of the stand to landscape fire adaptation and
watershed health and retaining the large trees contributing
to old growth structure;
(E) would carry out any forest restoration treatments
that reduce hazardous fuels by—
(i) focusing on small diameter trees, thinning, strategic fuel breaks, and fire use to modify fire behavior,
as measured by the projected reduction of
uncharacteristically severe wildfire effects for the forest
type (such as adverse soil impacts, tree mortality or
other impacts); and
(ii) maximizing the retention of large trees, as
appropriate for the forest type, to the extent that the
trees promote fire-resilient stands; and
(F)(i) does not include the establishment of permanent
roads; and
(ii) would commit funding to decommission all temporary roads constructed to carry out the strategy;
(2) be developed and implemented through a collaborative
process that—
(A) includes multiple interested persons representing
diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205
of Public Law 106–393 (16 U.S.C. 500 note);
(3) describe plans to—
(A) reduce the risk of uncharacteristic wildfire,
including through the use of fire for ecological restoration
and maintenance and reestablishing natural fire regimes,
where appropriate;
(B) improve fish and wildlife habitat, including for
endangered, threatened, and sensitive species;
(C) maintain or improve water quality and watershed
function;
(D) prevent, remediate, or control invasions of exotic
species;
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(E) maintain, decommission, and rehabilitate roads and
trails;
(F) use woody biomass and small-diameter trees produced from projects implementing the strategy;
(G) report annually on performance, including through
performance measures from the plan entitled the ‘‘10 Year
Comprehensive Strategy Implementation Plan’’ and dated
December 2006; and
(H) take into account any applicable community wildfire protection plan;
(4) analyze any anticipated cost savings, including those
resulting from—
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of implementing
ecological restoration treatments over time;
(5) estimate—
(A) the annual Federal funding necessary to implement
the proposal; and
(B) the amount of new non-Federal investment for
carrying out the proposal that would be leveraged;
(6) describe the collaborative process through which the
proposal was developed, including a description of—
(A) participation by or consultation with State, local,
and Tribal governments; and
(B) any established record of successful collaborative
planning and implementation of ecological restoration
projects on National Forest System land and other land
included in the proposal by the collaborators; and
(7) benefit local economies by providing local employment
or training opportunities through contracts, grants, or agreements for restoration planning, design, implementation, or monitoring with—
(A) local private, nonprofit, or cooperative entities;
(B) Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups;
(C) existing or proposed small or micro-businesses,
clusters, or incubators; or
(D) other entities that will hire or train local people
to complete such contracts, grants, or agreements; and
(8) be subject to any other requirements that the Secretary,
in consultation with the Secretary of the Interior, determines
to be necessary for the efficient and effective administration
of the program.
(c) NOMINATION PROCESS.—
(1) SUBMISSION.—A proposal shall be submitted to—
(A) the appropriate Regional Forester; and
(B) if actions under the jurisdiction of the Secretary
of the Interior are proposed, the appropriate—
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian
Affairs; or
(iii) other official of the Department of the Interior.
(2) NOMINATION.—
(A) IN GENERAL.—A Regional Forester may nominate
for selection by the Secretary any proposals that meet
the eligibility criteria established by subsection (b).
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(B) CONCURRENCE.—Any proposal nominated by the
Regional Forester that proposes actions under the jurisdiction of the Secretary of the Interior shall include the concurrence of the appropriate—
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian
Affairs; or
(iii) other official of the Department of the Interior.
(3) DOCUMENTATION.—With respect to each proposal that
is nominated under paragraph (2)—
(A) the appropriate Regional Forester shall—
(i) include a plan to use Federal funds allocated
to the region to fund those costs of planning and carrying out ecological restoration treatments on National
Forest System land, consistent with the strategy, that
would not be covered by amounts transferred to the
Secretary from the Fund; and
(ii) provide evidence that amounts proposed to be
transferred to the Secretary from the Fund during
the first 2 fiscal years following selection would be
used to carry out ecological restoration treatments consistent with the strategy during the same fiscal year
in which the funds are transferred to the Secretary;
(B) if actions under the jurisdiction of the Secretary
of the Interior are proposed, the nomination shall include
a plan to fund such actions, consistent with the strategy,
by the appropriate—
(i) State Director of the Bureau of Land Management;
(ii) Regional Director of the Bureau of Indian
Affairs; or
(iii) other official of the Department of the Interior;
and
(C) if actions on land not under the jurisdiction of
the Secretary or the Secretary of the Interior are proposed,
the appropriate Regional Forester shall provide evidence
that the landowner intends to participate in, and provide
appropriate funding to carry out, the actions.
(d) SELECTION PROCESS.—
(1) IN GENERAL.—After consulting with the advisory panel
established under subsection (e), the Secretary, in consultation
with the Secretary of the Interior, shall, subject to paragraph
(2), select the best proposals that—
(A) have been nominated under subsection (c)(2); and
(B) meet the eligibility criteria established by subsection (b).
(2) CRITERIA.—In selecting proposals under paragraph (1),
the Secretary shall give special consideration to—
(A) the strength of the proposal and strategy;
(B) the strength of the ecological case of the proposal
and the proposed ecological restoration strategies;
(C) the strength of the collaborative process and the
likelihood
of
successful
collaboration
throughout
implementation;
(D) whether the proposal is likely to achieve reductions
in long-term wildfire management costs;
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(E) whether the proposal would reduce the relative
costs of carrying out ecological restoration treatments as
a result of the use of woody biomass and small-diameter
trees; and
(F) whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposal.
(3) LIMITATION.—The Secretary may select not more than—
(A) 10 proposals to be funded during any fiscal year;
(B) 2 proposals in any 1 region of the National Forest
System to be funded during any fiscal year; and
(C) the number of proposals that the Secretary determines are likely to receive adequate funding.
(e) ADVISORY PANEL.—
(1) IN GENERAL.—The Secretary shall establish and maintain an advisory panel comprised of not more than 15 members
to evaluate, and provide recommendations on, each proposal
that has been nominated under subsection (c)(2).
(2) REPRESENTATION.—The Secretary shall ensure that the
membership of the advisory panel is fairly balanced in terms
of the points of view represented and the functions to be performed by the advisory panel.
(3) INCLUSION.—The advisory panel shall include experts
in ecological restoration, fire ecology, fire management, rural
economic development, strategies for ecological adaptation to
climate change, fish and wildlife ecology, and woody biomass
and small-diameter tree utilization.
(f) COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND.—
(1) ESTABLISHMENT.—There is established in the Treasury
of the United States a fund, to be known as the ‘‘Collaborative
Forest Landscape Restoration Fund’’, to be used to pay up
to 50 percent of the cost of carrying out and monitoring
ecological restoration treatments on National Forest System
land for each proposal selected to be carried out under subsection (d).
(2) INCLUSION.—The cost of carrying out ecological restoration treatments as provided in paragraph (1) may, as the Secretary determines to be appropriate, include cancellation and
termination costs required to be obligated for contracts to carry
out ecological restoration treatments on National Forest System
land for each proposal selected to be carried out under subsection (d).
(3) CONTENTS.—The Fund shall consist of such amounts
as are appropriated to the Fund under paragraph (6).
(4) EXPENDITURES FROM FUND.—
(A) IN GENERAL.—On request by the Secretary, the
Secretary of the Treasury shall transfer from the Fund
to the Secretary such amounts as the Secretary determines
are appropriate, in accordance with paragraph (1).
(B) LIMITATION.—The Secretary shall not expend
money from the Fund on any 1 proposal—
(i) during a period of more than 10 fiscal years;
or
(ii) in excess of $4,000,000 in any 1 fiscal year.
(5) ACCOUNTING AND REPORTING SYSTEM.—The Secretary
shall establish an accounting and reporting system for the
Fund.
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(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Fund $40,000,000 for each of
fiscal years 2009 through 2019, to remain available until
expended.
(g) PROGRAM IMPLEMENTATION AND MONITORING.—
(1) WORK PLAN.—Not later than 180 days after the date
on which a proposal is selected to be carried out, the Secretary
shall create, in collaboration with the interested persons, an
implementation work plan and budget to implement the proposal that includes—
(A) a description of the manner in which the proposal
would be implemented to achieve ecological and community
economic benefit, including capacity building to accomplish
restoration;
(B) a business plan that addresses—
(i) the anticipated unit treatment cost reductions
over 10 years;
(ii) the anticipated costs for infrastructure needed
for the proposal;
(iii) the projected sustainability of the supply of
woody biomass and small-diameter trees removed in
ecological restoration treatments; and
(iv) the projected local economic benefits of the
proposal;
(C) documentation of the non-Federal investment in
the priority landscape, including the sources and uses of
the investments; and
(D) a plan to decommission any temporary roads established to carry out the proposal.
(2) PROJECT IMPLEMENTATION.—Amounts transferred to the
Secretary from the Fund shall be used to carry out ecological
restoration treatments that are—
(A) consistent with the proposal and strategy; and
(B) identified through the collaborative process
described in subsection (b)(2).
(3) ANNUAL REPORT.—The Secretary, in collaboration with
the Secretary of the Interior and interested persons, shall prepare an annual report on the accomplishments of each selected
proposal that includes—
(A) a description of all acres (or other appropriate
unit) treated and restored through projects implementing
the strategy;
(B) an evaluation of progress, including performance
measures and how prior year evaluations have contributed
to improved project performance;
(C) a description of community benefits achieved,
including any local economic benefits;
(D) the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); and
(E) a summary of the costs of—
(i) treatments; and
(ii) relevant fire management activities.
(4) MULTIPARTY MONITORING.—The Secretary shall, in
collaboration with the Secretary of the Interior and interested
persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological,
social, and economic effects of projects implementing a selected
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proposal for not less than 15 years after project implementation
commences.
(h) REPORT.—Not later than 5 years after the first fiscal year
in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter,
the Secretary, in consultation with the Secretary of the Interior,
shall submit a report on the program, including an assessment
of whether, and to what extent, the program is fulfilling the purposes of this title, to—
(1) the Committee on Energy and Natural Resources of
the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
16 USC 7304.
There are authorized to be appropriated to the Secretary and
the Secretary of the Interior such sums as are necessary to carry
out this title.
TITLE V—RIVERS AND TRAILS
Subtitle A—Additions to the National Wild
and Scenic Rivers System
SEC. 5001. FOSSIL CREEK, ARIZONA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as amended by section 1852) is amended by adding at
the end the following:
‘‘(205) FOSSIL CREEK, ARIZONA.—Approximately 16.8 miles
of Fossil Creek from the confluence of Sand Rock and Calf
Pen Canyons to the confluence with the Verde River, to be
administered by the Secretary of Agriculture in the following
classes:
‘‘(A) The approximately 2.7-mile segment from the confluence of Sand Rock and Calf Pen Canyons to the point
where the segment exits the Fossil Spring Wilderness,
as a wild river.
‘‘(B) The approximately 7.5-mile segment from where
the segment exits the Fossil Creek Wilderness to the
boundary of the Mazatzal Wilderness, as a recreational
river.
‘‘(C) The 6.6-mile segment from the boundary of the
Mazatzal Wilderness downstream to the confluence with
the Verde River, as a wild river.’’.
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SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING.
(a) SHORT TITLE.—This section may be cited as the ‘‘Craig
Thomas Snake Headwaters Legacy Act of 2008’’.
(b) FINDINGS; PURPOSES.—
(1) FINDINGS.—Congress finds that—
(A) the headwaters of the Snake River System in northwest Wyoming feature some of the cleanest sources of
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Craig Thomas
Snake
Headwaters
Legacy Act
of 2008.
16 USC 1271
note.
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freshwater, healthiest native trout fisheries, and most
intact rivers and streams in the lower 48 States;
(B) the rivers and streams of the headwaters of the
Snake River System—
(i) provide unparalleled fishing, hunting, boating,
and other recreational activities for—
(I) local residents; and
(II) millions of visitors from around the world;
and
(ii) are national treasures;
(C) each year, recreational activities on the rivers and
streams of the headwaters of the Snake River System
generate millions of dollars for the economies of—
(i) Teton County, Wyoming; and
(ii) Lincoln County, Wyoming;
(D) to ensure that future generations of citizens of
the United States enjoy the benefits of the rivers and
streams of the headwaters of the Snake River System,
Congress should apply the protections provided by the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to those
rivers and streams; and
(E) the designation of the rivers and streams of the
headwaters of the Snake River System under the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify
to the citizens of the United States the importance of
maintaining the outstanding and remarkable qualities of
the Snake River System while—
(i) preserving public access to those rivers and
streams;
(ii) respecting private property rights (including
existing water rights); and
(iii) continuing to allow historic uses of the rivers
and streams.
(2) PURPOSES.—The purposes of this section are—
(A) to protect for current and future generations of
citizens of the United States the outstandingly remarkable
scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and streams of
the headwaters of the Snake River System, while continuing to deliver water and operate and maintain valuable
irrigation water infrastructure; and
(B) to designate approximately 387.7 miles of the rivers
and streams of the headwaters of the Snake River System
as additions to the National Wild and Scenic Rivers System.
(c) DEFINITIONS.—In this section:
(1) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Agriculture (acting through the
Chief of the Forest Service), with respect to each river
segment described in paragraph (205) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by subsection (d)) that is not located in—
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge; and
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16 USC 1274
note.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1149
(B) the Secretary of the Interior, with respect to each
river segment described in paragraph (205) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (d)) that is located in—
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial Parkway; or
(iv) the National Elk Refuge.
(2) STATE.—The term ‘‘State’’ means the State of Wyoming.
(d) WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER HEADWATERS, WYOMING.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 5001) is amended
by adding at the end the following:
‘‘(206) SNAKE RIVER HEADWATERS, WYOMING.—The following
segments of the Snake River System, in the State of Wyoming:
‘‘(A) BAILEY CREEK.—The 7-mile segment of Bailey
Creek, from the divide with the Little Greys River north
to its confluence with the Snake River, as a wild river.
‘‘(B) BLACKROCK CREEK.—The 22-mile segment from
its source to the Bridger-Teton National Forest boundary,
as a scenic river.
‘‘(C) BUFFALO FORK OF THE SNAKE RIVER.—The portions
of the Buffalo Fork of the Snake River, consisting of—
‘‘(i) the 55-mile segment consisting of the North
Fork, the Soda Fork, and the South Fork, upstream
from Turpin Meadows, as a wild river;
‘‘(ii) the 14-mile segment from Turpin Meadows
to the upstream boundary of Grand Teton National
Park, as a scenic river; and
‘‘(iii) the 7.7-mile segment from the upstream
boundary of Grand Teton National Park to its confluence with the Snake River, as a scenic river.
‘‘(D) CRYSTAL CREEK.—The portions of Crystal Creek,
consisting of—
‘‘(i) the 14-mile segment from its source to the
Gros Ventre Wilderness boundary, as a wild river;
and
‘‘(ii) the 5-mile segment from the Gros Ventre
Wilderness boundary to its confluence with the Gros
Ventre River, as a scenic river.
‘‘(E) GRANITE CREEK.—The portions of Granite Creek,
consisting of—
‘‘(i) the 12-mile segment from its source to the
end of Granite Creek Road, as a wild river; and
‘‘(ii) the 9.5-mile segment from Granite Hot
Springs to the point 1 mile upstream from its confluence with the Hoback River, as a scenic river.
‘‘(F) GROS VENTRE RIVER.—The portions of the Gros
Ventre River, consisting of—
‘‘(i) the 16.5-mile segment from its source to
Darwin Ranch, as a wild river;
‘‘(ii) the 39-mile segment from Darwin Ranch to
the upstream boundary of Grand Teton National Park,
excluding the section along Lower Slide Lake, as a
scenic river; and
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‘‘(iii) the 3.3-mile segment flowing across the
southern boundary of Grand Teton National Park to
the Highlands Drive Loop Bridge, as a scenic river.
‘‘(G) HOBACK RIVER.—The 10-mile segment from the
point 10 miles upstream from its confluence with the Snake
River to its confluence with the Snake River, as a recreational river.
‘‘(H) LEWIS RIVER.—The portions of the Lewis River,
consisting of—
‘‘(i) the 5-mile segment from Shoshone Lake to
Lewis Lake, as a wild river; and
‘‘(ii) the 12-mile segment from the outlet of Lewis
Lake to its confluence with the Snake River, as a
scenic river.
‘‘(I) PACIFIC CREEK.—The portions of Pacific Creek, consisting of—
‘‘(i) the 22.5-mile segment from its source to the
Teton Wilderness boundary, as a wild river; and
‘‘(ii) the 11-mile segment from the Wilderness
boundary to its confluence with the Snake River, as
a scenic river.
‘‘(J) SHOAL CREEK.—The 8-mile segment from its source
to the point 8 miles downstream from its source, as a
wild river.
‘‘(K) SNAKE RIVER.—The portions of the Snake River,
consisting of—
‘‘(i) the 47-mile segment from its source to Jackson
Lake, as a wild river;
‘‘(ii) the 24.8-mile segment from 1 mile downstream
of Jackson Lake Dam to 1 mile downstream of the
Teton Park Road bridge at Moose, Wyoming, as a
scenic river; and
‘‘(iii) the 19-mile segment from the mouth of the
Hoback River to the point 1 mile upstream from the
Highway 89 bridge at Alpine Junction, as a recreational river, the boundary of the western edge of
the corridor for the portion of the segment extending
from the point 3.3 miles downstream of the mouth
of the Hoback River to the point 4 miles downstream
of the mouth of the Hoback River being the ordinary
high water mark.
‘‘(L) WILLOW CREEK.—The 16.2-mile segment from the
point 16.2 miles upstream from its confluence with the
Hoback River to its confluence with the Hoback River,
as a wild river.
‘‘(M) WOLF CREEK.—The 7-mile segment from its source
to its confluence with the Snake River, as a wild river.’’.
(e) MANAGEMENT.—
(1) IN GENERAL.—Each river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by subsection (d)) shall be managed by the Secretary concerned.
(2) MANAGEMENT PLAN.—
(A) IN GENERAL.—In accordance with subparagraph
(A), not later than 3 years after the date of enactment
of this Act, the Secretary concerned shall develop a management plan for each river segment described in paragraph
16 USC 1274
note.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1151
(205) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by subsection (d)) that is
located in an area under the jurisdiction of the Secretary
concerned.
(B) REQUIRED COMPONENT.—Each management plan
developed by the Secretary concerned under subparagraph
(A) shall contain, with respect to the river segment that
is the subject of the plan, a section that contains an analysis and description of the availability and compatibility
of future development with the wild and scenic character
of the river segment (with particular emphasis on each
river segment that contains 1 or more parcels of private
land).
(3) QUANTIFICATION OF WATER RIGHTS RESERVED BY RIVER
SEGMENTS.—
(A) The Secretary concerned shall apply for the quantification of the water rights reserved by each river segment
designated by this section in accordance with the procedural requirements of the laws of the State of Wyoming.
(B) For the purpose of the quantification of water rights
under this subsection, with respect to each Wild and Scenic
River segment designated by this section—
(i) the purposes for which the segments are designated, as set forth in this section, are declared to
be beneficial uses; and
(ii) the priority date of such right shall be the
date of enactment of this Act.
(4) STREAM GAUGES.—Consistent with the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry
out activities at United States Geological Survey stream gauges
that are located on the Snake River (including tributaries of
the Snake River), including flow measurements and operation,
maintenance, and replacement.
(5) CONSENT OF PROPERTY OWNER.—No property or interest
in property located within the boundaries of any river segment
described in paragraph (205) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(d)) may be acquired by the Secretary without the consent
of the owner of the property or interest in property.
(6) EFFECT OF DESIGNATIONS.—
(A) IN GENERAL.—Nothing in this section affects valid
existing rights, including—
(i) all interstate water compacts in existence on
the date of enactment of this Act (including full
development of any apportionment made in accordance
with the compacts);
(ii) water rights in the States of Idaho and
Wyoming; and
(iii) water rights held by the United States.
(B) JACKSON LAKE; JACKSON LAKE DAM.—Nothing in
this section shall affect the management and operation
of Jackson Lake or Jackson Lake Dam, including the storage, management, and release of water.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
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SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.
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(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as amended by section 5002(d)) is amended
by adding at the end the following:
‘‘(207) TAUNTON RIVER, MASSACHUSETTS.—The main stem
of the Taunton River from its headwaters at the confluence
of the Town and Matfield Rivers in the Town of Bridgewater
downstream 40 miles to the confluence with the Quequechan
River at the Route 195 Bridge in the City of Fall River, to
be administered by the Secretary of the Interior in cooperation
with the Taunton River Stewardship Council as follows:
‘‘(A) The 18-mile segment from the confluence of the
Town and Matfield Rivers to Route 24 in the Town of
Raynham, as a scenic river.
‘‘(B) The 5-mile segment from Route 24 to 0.5 miles
below Weir Bridge in the City of Taunton, as a recreational
river.
‘‘(C) The 8-mile segment from 0.5 miles below Weir
Bridge to Muddy Cove in the Town of Dighton, as a scenic
river.
‘‘(D) The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge
in the City of Fall River, as a recreational river.’’.
(b) MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.—
(1) TAUNTON RIVER STEWARDSHIP PLAN.—
(A) IN GENERAL.—Each river segment designated by
section 3(a)(206) of the Wild and Scenic Rivers Act (as
added by subsection (a)) shall be managed in accordance
with the Taunton River Stewardship Plan, dated July 2005
(including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to
in this subsection as the ‘‘Secretary’’) determines to be
consistent with this section).
(B) EFFECT.—The Taunton River Stewardship Plan
described in subparagraph (A) shall be considered to satisfy
each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(d)).
(2) COOPERATIVE AGREEMENTS.—To provide for the longterm protection, preservation, and enhancement of each river
segment designated by section 3(a)(206) of the Wild and Scenic
Rivers Act (as added by subsection (a)), pursuant to sections
10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial
and other assistance) with—
(A) the Commonwealth of Massachusetts (including
political subdivisions of the Commonwealth of Massachusetts);
(B) the Taunton River Stewardship Council; and
(C) any appropriate nonprofit organization, as determined by the Secretary.
(3) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), each river segment designated by section 3(a)(206)
of the Wild and Scenic Rivers Act (as added by subsection
(a)) shall not be—
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(A) administered as a unit of the National Park
System; or
(B) subject to the laws (including regulations) that
govern the administration of the National Park System.
(4) LAND MANAGEMENT.—
(A) ZONING ORDINANCES.—The zoning ordinances
adopted by the Towns of Bridgewater, Halifax,
Middleborough, Raynham, Berkley, Dighton, Freetown, and
Somerset, and the Cities of Taunton and Fall River,
Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands,
and watercourses associated with any river segment designated by section 3(a)(206) of the Wild and Scenic Rivers
Act (as added by subsection (a))), shall be considered to
satisfy each standard and requirement described in section
6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(B) VILLAGES.—For the purpose of section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town
described in subparagraph (A) shall be considered to be
a village.
(C) ACQUISITION OF LAND.—
(i) LIMITATION OF AUTHORITY OF SECRETARY.—With
respect to each river segment designated by section
3(a)(206) of the Wild and Scenic Rivers Act (as added
by subsection (a)), the Secretary may only acquire parcels of land—
(I) by donation; or
(II) with the consent of the owner of the parcel
of land.
(ii) PROHIBITION RELATING TO ACQUISITION OF LAND
BY CONDEMNATION.—In accordance with section 6(c)
of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)),
with respect to each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as
added by subsection (a)), the Secretary may not acquire
any parcel of land by condemnation.
Subtitle B—Wild and Scenic Rivers Studies
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SEC. 5101. MISSISQUOI AND TROUT RIVERS STUDY.
(a) DESIGNATION FOR STUDY.—Section 5(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at
the end the following:
‘‘(140) MISSISQUOI AND TROUT RIVERS, VERMONT.—The
approximately 25-mile segment of the upper Missisquoi from
its headwaters in Lowell to the Canadian border in North
Troy, the approximately 25-mile segment from the Canadian
border in East Richford to Enosburg Falls, and the approximately 20-mile segment of the Trout River from its headwaters
to its confluence with the Missisquoi River.’’.
(b) STUDY AND REPORT.—Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end
the following:
‘‘(19) MISSISQUOI AND TROUT RIVERS, VERMONT.—Not later
than 3 years after the date on which funds are made available
to carry out this paragraph, the Secretary of the Interior shall—
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‘‘(A) complete the study of the Missisquoi and Trout
Rivers, Vermont, described in subsection (a)(140); and
‘‘(B) submit a report describing the results of that
study to the appropriate committees of Congress.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
Subtitle C—Additions to the National
Trails System
SEC. 5201. ARIZONA NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following:
‘‘(27) ARIZONA NATIONAL SCENIC TRAIL.—
‘‘(A) IN GENERAL.—The Arizona National Scenic Trail,
extending approximately 807 miles across the State of
Arizona from the U.S.–Mexico international border to the
Arizona–Utah border, as generally depicted on the map
entitled ‘Arizona National Scenic Trail’ and dated December
5, 2007, to be administered by the Secretary of Agriculture,
in consultation with the Secretary of the Interior and appropriate State, tribal, and local governmental agencies.
‘‘(B) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in appropriate offices
of the Forest Service.’’.
SEC. 5202. NEW ENGLAND NATIONAL SCENIC TRAIL.
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(a) AUTHORIZATION AND ADMINISTRATION.—Section 5(a) of the
National Trails System Act (16 U.S.C. 1244(a)) (as amended by
section 5201) is amended by adding at the end the following:
‘‘(28) NEW ENGLAND NATIONAL SCENIC TRAIL.—The New
England National Scenic Trail, a continuous trail extending
approximately 220 miles from the border of New Hampshire
in the town of Royalston, Massachusetts to Long Island Sound
in the town of Guilford, Connecticut, as generally depicted
on the map titled ‘New England National Scenic Trail Proposed
Route’, numbered T06/80,000, and dated October 2007. The
map shall be on file and available for public inspection in
the appropriate offices of the National Park Service. The Secretary of the Interior, in consultation with appropriate Federal,
State, tribal, regional, and local agencies, and other organizations, shall administer the trail after considering the recommendations of the report titled the ‘Metacomet Monadnock
Mattabesset Trail System National Scenic Trail Feasibility
Study and Environmental Assessment’, prepared by the
National Park Service, and dated Spring 2006. The United
States shall not acquire for the trail any land or interest
in land without the consent of the owner.’’.
(b) MANAGEMENT.—The Secretary of the Interior (referred to
in this section as the ‘‘Secretary’’) shall consider the actions outlined
in the Trail Management Blueprint described in the report titled
the ‘‘Metacomet Monadnock Mattabesett Trail System National
Scenic Trail Feasibility Study and Environmental Assessment’’, prepared by the National Park Service, and dated Spring 2006, as
the framework for management and administration of the New
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England National Scenic Trail. Additional or more detailed plans
for administration, management, protection, access, maintenance,
or development of the trail may be developed consistent with the
Trail Management Blueprint, and as approved by the Secretary.
(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized
to enter into cooperative agreements with the Commonwealth of
Massachusetts (and its political subdivisions), the State of Connecticut (and its political subdivisions), and other regional, local,
and private organizations deemed necessary and desirable to accomplish cooperative trail administrative, management, and protection
objectives consistent with the Trail Management Blueprint. An
agreement under this subsection may include provisions for limited
financial assistance to encourage participation in the planning,
acquisition, protection, operation, development, or maintenance of
the trail.
(d) ADDITIONAL TRAIL SEGMENTS.—Pursuant to section 6 of
the National Trails System Act (16 U.S.C. 1245), the Secretary
is encouraged to work with the State of New Hampshire and appropriate local and private organizations to include that portion of
the Metacomet-Monadnock Trail in New Hampshire (which lies
between Royalston, Massachusetts and Jaffrey, New Hampshire)
as a component of the New England National Scenic Trail. Inclusion
of this segment, as well as other potential side or connecting trails,
is contingent upon written application to the Secretary by appropriate State and local jurisdictions and a finding by the Secretary
that trail management and administration is consistent with the
Trail Management Blueprint.
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SEC. 5203. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.
(a) FINDINGS; PURPOSE.—
(1) FINDINGS.—Congress finds that—
(A) at the end of the last Ice Age, some 12,000 to
17,000 years ago, a series of cataclysmic floods occurred
in what is now the northwest region of the United States,
leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana,
Idaho, Washington and Oregon;
(B) geological features that have exceptional value and
quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal,
county, municipal, and private land in the region; and
(C) in 2001, a joint study team headed by the National
Park Service that included about 70 members from public
and private entities completed a study endorsing the
establishment of an Ice Age Floods National Geologic
Trail—
(i) to recognize the national significance of this
phenomenon; and
(ii) to coordinate public and private sector entities
in the presentation of the story of the Ice Age floods.
(2) PURPOSE.—The purpose of this section is to designate
the Ice Age Floods National Geologic Trail in the States of
Montana, Idaho, Washington, and Oregon, enabling the public
to view, experience, and learn about the features and story
of the Ice Age floods through the collaborative efforts of public
and private entities.
(b) DEFINITIONS.—In this section:
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Federal Register,
publication.
Notice.
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(1) ICE AGE FLOODS; FLOODS.—The term ‘‘Ice Age floods’’
or ‘‘floods’’ means the cataclysmic floods that occurred in what
is now the northwestern United States during the last Ice
Age from massive, rapid and recurring drainage of Glacial
Lake Missoula.
(2) PLAN.—The term ‘‘plan’’ means the cooperative management and interpretation plan authorized under subsection (f)(5).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) TRAIL.—The term ‘‘Trail’’ means the Ice Age Floods
National Geologic Trail designated by subsection (c).
(c) DESIGNATION.—In order to provide for public appreciation,
understanding, and enjoyment of the nationally significant natural
and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and
private entities located along the pathways of the floods, there
is designated the Ice Age Floods National Geologic Trail.
(d) LOCATION.—
(1) MAP.—The route of the Trail shall be as generally
depicted on the map entitled ‘‘Ice Age Floods National Geologic
Trail,’’ numbered P43/80,000 and dated June 2004.
(2) ROUTE.—The route shall generally follow public roads
and highways.
(3) REVISION.—The Secretary may revise the map by
publication in the Federal Register of a notice of availability
of a new map as part of the plan.
(e) MAP AVAILABILITY.—The map referred to in subsection (d)(1)
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
(f) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary, acting through the
Director of the National Park Service, shall administer the
Trail in accordance with this section.
(2) LIMITATION.—Except as provided in paragraph (6)(B),
the Trail shall not be considered to be a unit of the National
Park System.
(3) TRAIL MANAGEMENT OFFICE.—To improve management
of the Trail and coordinate Trail activities with other public
agencies and private entities, the Secretary may establish and
operate a trail management office at a central location within
the vicinity of the Trail.
(4) INTERPRETIVE FACILITIES.—The Secretary may plan,
design, and construct interpretive facilities for sites associated
with the Trail if the facilities are constructed in partnership
with State, local, tribal, or non-profit entities and are consistent
with the plan.
(5) MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 3 years after funds
are made available to carry out this section, the Secretary
shall prepare a cooperative management and interpretation
plan for the Trail.
(B) CONSULTATION.—The Secretary shall prepare the
plan in consultation with—
(i) State, local, and tribal governments;
(ii) the Ice Age Floods Institute;
(iii) private property owners; and
(iv) other interested parties.
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(C) CONTENTS.—The plan shall—
(i) confirm and, if appropriate, expand on the
inventory of features of the floods contained in the
National Park Service study entitled ‘‘Ice Age Floods,
Study of Alternatives and Environmental Assessment’’
(February 2001) by—
(I) locating features more accurately;
(II) improving the description of features; and
(III) reevaluating the features in terms of their
interpretive potential;
(ii) review and, if appropriate, modify the map
of the Trail referred to in subsection (d)(1);
(iii) describe strategies for the coordinated development of the Trail, including an interpretive plan for
facilities, waysides, roadside pullouts, exhibits, media,
and programs that present the story of the floods to
the public effectively; and
(iv) identify potential partnering opportunities in
the development of interpretive facilities and educational programs to educate the public about the story
of the floods.
(6) COOPERATIVE MANAGEMENT.—
(A) IN GENERAL.—In order to facilitate the development
of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote
more efficient administration of the sites associated with
the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States
of Montana, Idaho, Washington, and Oregon in accordance
with the authority provided for units of the National Park
System under section 3(l) of Public Law 91–383 (16 U.S.C.
1a–2(l)).
(B) AUTHORITY.—For purposes of this paragraph only,
the Trail shall be considered a unit of the National Park
System.
(7) COOPERATIVE AGREEMENTS.—The Secretary may enter
into cooperative agreements with public or private entities to
carry out this section.
(8) EFFECT ON PRIVATE PROPERTY RIGHTS.—Nothing in this
section—
(A) requires any private property owner to allow public
access (including Federal, State, or local government
access) to private property; or
(B) modifies any provision of Federal, State, or local
law with respect to public access to or use of private land.
(9) LIABILITY.—Designation of the Trail by subsection (c)
does not create any liability for, or affect any liability under
any law of, any private property owner with respect to any
person injured on the private property.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section, of which not more than $12,000,000 may be used for
development of the Trail.
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PUBLIC LAW 111–11—MAR. 30, 2009
SEC.
5204.
WASHINGTON-ROCHAMBEAU
NATIONAL HISTORIC TRAIL.
REVOLUTIONARY
ROUTE
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) (as amended by section 5202(a)) is amended by adding
at the end the following:
‘‘(29) WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE
NATIONAL HISTORIC TRAIL.—
‘‘(A) IN GENERAL.—The Washington-Rochambeau
Revolutionary Route National Historic Trail, a corridor of
approximately 600 miles following the route taken by the
armies of General George Washington and Count Rochambeau between Newport, Rhode Island, and Yorktown, Virginia, in 1781 and 1782, as generally depicted on the map
entitled
‘WASHINGTON-ROCHAMBEAU
REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL’, numbered T01/80,001, and dated June 2007.
‘‘(B) MAP.—The map referred to in subparagraph (A)
shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
‘‘(C) ADMINISTRATION.—The trail shall be administered
by the Secretary of the Interior, in consultation with—
‘‘(i) other Federal, State, tribal, regional, and local
agencies; and
‘‘(ii) the private sector.
‘‘(D) LAND ACQUISITION.—The United States shall not
acquire for the trail any land or interest in land outside
the exterior boundary of any federally-managed area without the consent of the owner of the land or interest in
land.’’.
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SEC. 5205. PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.
Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) (as amended by section 5204) is amended by adding at
the end the following:
‘‘(30) PACIFIC NORTHWEST NATIONAL SCENIC TRAIL.—
‘‘(A) IN GENERAL.—The Pacific Northwest National
Scenic Trail, a trail of approximately 1,200 miles, extending
from the Continental Divide in Glacier National Park, Montana, to the Pacific Ocean Coast in Olympic National Park,
Washington, following the route depicted on the map entitled ‘Pacific Northwest National Scenic Trail: Proposed
Trail’, numbered T12/80,000, and dated February 2008
(referred to in this paragraph as the ‘map’).
‘‘(B) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in the appropriate offices
of the Forest Service.
‘‘(C) ADMINISTRATION.—The Pacific Northwest National
Scenic Trail shall be administered by the Secretary of
Agriculture.
‘‘(D) LAND ACQUISITION.—The United States shall not
acquire for the Pacific Northwest National Scenic Trail
any land or interest in land outside the exterior boundary
of any federally-managed area without the consent of the
owner of the land or interest in land.’’.
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SEC. 5206. TRAIL OF TEARS NATIONAL HISTORIC TRAIL.
Section 5(a)(16) of the National Trails System Act (16 U.S.C.
1244(a)(16)) is amended as follows:
(1) By amending subparagraph (C) to read as follows:
‘‘(C) In addition to the areas otherwise designated
under this paragraph, the following routes and land components by which the Cherokee Nation was removed to Oklahoma are components of the Trail of Tears National Historic Trail, as generally described in the environmentally
preferred alternative of the November 2007 Feasibility
Study Amendment and Environmental Assessment for
Trail of Tears National Historic Trail:
‘‘(i) The Benge and Bell routes.
‘‘(ii) The land components of the designated water
routes in Alabama, Arkansas, Oklahoma, and Tennessee.
‘‘(iii) The routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the
emigration depots.
‘‘(iv) The related campgrounds located along the
routes and land components described in clauses (i)
through (iii).’’.
(2) In subparagraph (D)—
(A) by striking the first sentence; and
(B) by adding at the end the following: ‘‘No lands
or interests in lands outside the exterior boundaries of
any federally administered area may be acquired by the
Federal Government for the Trail of Tears National Historic
Trail except with the consent of the owner thereof.’’.
Subtitle D—National Trail System
Amendments
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SEC. 5301. NATIONAL TRAILS SYSTEM WILLING SELLER AUTHORITY.
(a) AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR
CERTAIN TRAILS.—
(1) OREGON NATIONAL HISTORIC TRAIL.—Section 5(a)(3) of
the National Trails System Act (16 U.S.C. 1244(a)(3)) is
amended by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land
or interest in land. The authority of the Federal Government
to acquire fee title under this paragraph shall be limited to
an average of not more than 1⁄4 mile on either side of the
trail.’’.
(2) MORMON PIONEER NATIONAL HISTORIC TRAIL.—Section
5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4))
is amended by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land
or interest in land. The authority of the Federal Government
to acquire fee title under this paragraph shall be limited to
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PUBLIC LAW 111–11—MAR. 30, 2009
an average of not more than 1⁄4 mile on either side of the
trail.’’.
(3) CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.—Section
5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5))
is amended by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land
or interest in land. The authority of the Federal Government
to acquire fee title under this paragraph shall be limited to
an average of not more than 1⁄4 mile on either side of the
trail.’’.
(4) LEWIS AND CLARK NATIONAL HISTORIC TRAIL.—Section
5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6))
is amended by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land
or interest in land. The authority of the Federal Government
to acquire fee title under this paragraph shall be limited to
an average of not more than 1⁄4 mile on either side of the
trail.’’.
(5) IDITAROD NATIONAL HISTORIC TRAIL.—Section 5(a)(7) of
the National Trails System Act (16 U.S.C. 1244(a)(7)) is
amended by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land
or interest in land. The authority of the Federal Government
to acquire fee title under this paragraph shall be limited to
an average of not more than 1⁄4 mile on either side of the
trail.’’.
(6) NORTH COUNTRY NATIONAL SCENIC TRAIL.—Section
5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8))
is amended by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land
or interest in land.’’.
(7) ICE AGE NATIONAL SCENIC TRAIL.—Section 5(a)(10) of
the National Trails System Act (16 U.S.C. 1244(a)(10)) is
amended by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any federally
administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land
or interest in land.’’.
(8) POTOMAC HERITAGE NATIONAL SCENIC TRAIL.—Section
5(a)(11) of the National Trails System Act (16 U.S.C.
1244(a)(11)) is amended—
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the
owner of the land or interest in land.’’.
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123 STAT. 1161
(9) NEZ PERCE NATIONAL HISTORIC TRAIL.—Section 5(a)(14)
of the National Trails System Act (16 U.S.C. 1244(a)(14)) is
amended—
(A) by striking the fourth and fifth sentences; and
(B) by adding at the end the following: ‘‘No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the
owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than
1⁄4 mile on either side of the trail.’’.
(b) CONFORMING AMENDMENT.—Section 10 of the National
Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
Act, there are authorized to be appropriated such sums as
are necessary to implement the provisions of this Act relating
to the trails designated by section 5(a).
‘‘(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL.—
‘‘(A) IN GENERAL.—With respect to the Natchez Trace
National Scenic Trail (referred to in this paragraph as
the ‘trail’) designated by section 5(a)(12)—
‘‘(i) not more than $500,000 shall be appropriated
for the acquisition of land or interests in land for
the trail; and
‘‘(ii) not more than $2,000,000 shall be appropriated for the development of the trail.
‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS.—The
administering agency for the trail shall encourage volunteer
trail groups to participate in the development of the trail.’’.
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SEC. 5302. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF
EXISTING NATIONAL HISTORIC TRAILS.
Section 5 of the National Trails System Act (16 U.S.C. 1244)
is amended by adding at the end the following:
‘‘(g) REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF
EXISTING NATIONAL HISTORIC TRAILS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ROUTE.—The term ‘route’ includes a trail segment
commonly known as a cutoff.
‘‘(B) SHARED ROUTE.—The term ‘shared route’ means
a route that was a segment of more than 1 historic trail,
including a route shared with an existing national historic
trail.
‘‘(2) REQUIREMENTS FOR REVISION.—
‘‘(A) IN GENERAL.—The Secretary of the Interior shall
revise the feasibility and suitability studies for certain
national trails for consideration of possible additions to
the trails.
‘‘(B) STUDY REQUIREMENTS AND OBJECTIVES.—The
study requirements and objectives specified in subsection
(b) shall apply to a study required by this subsection.
‘‘(C) COMPLETION AND SUBMISSION OF STUDY.—A study
listed in this subsection shall be completed and submitted
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Applicability.
Deadline.
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123 STAT. 1162
PUBLIC LAW 111–11—MAR. 30, 2009
to Congress not later than 3 complete fiscal years from
the date funds are made available for the study.
‘‘(3) OREGON NATIONAL HISTORIC TRAIL.—
‘‘(A) STUDY REQUIRED.—The Secretary of the Interior
shall undertake a study of the routes of the Oregon Trail
listed in subparagraph (B) and generally depicted on the
map entitled ‘Western Emigrant Trails 1830/1870’ and
dated 1991/1993, and of such other routes of the Oregon
Trail that the Secretary considers appropriate, to determine
the feasibility and suitability of designation of 1 or more
of the routes as components of the Oregon National Historic
Trail.
‘‘(B) COVERED ROUTES.—The routes to be studied under
subparagraph (A) shall include the following:
‘‘(i) Whitman Mission route.
‘‘(ii) Upper Columbia River.
‘‘(iii) Cowlitz River route.
‘‘(iv) Meek cutoff.
‘‘(v) Free Emigrant Road.
‘‘(vi) North Alternate Oregon Trail.
‘‘(vii) Goodale’s cutoff.
‘‘(viii) North Side alternate route.
‘‘(ix) Cutoff to Barlow road.
‘‘(x) Naches Pass Trail.
‘‘(4) PONY EXPRESS NATIONAL HISTORIC TRAIL.—The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express
Trail from Wathena, Kansas, to Troy, Kansas, and such other
routes of the Pony Express Trail that the Secretary considers
appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the
Pony Express National Historic Trail.
‘‘(5) CALIFORNIA NATIONAL HISTORIC TRAIL.—
‘‘(A) STUDY REQUIRED.—The Secretary of the Interior
shall undertake a study of the Missouri Valley, central,
and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled
‘Western Emigrant Trails 1830/1870’ and dated 1991/1993,
and of such other and shared Missouri Valley, central,
and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the
California National Historic Trail.
‘‘(B) COVERED ROUTES.—The routes to be studied under
subparagraph (A) shall include the following:
‘‘(i) MISSOURI VALLEY ROUTES.—
‘‘(I) Blue Mills-Independence Road.
‘‘(II) Westport Landing Road.
‘‘(III) Westport-Lawrence Road.
‘‘(IV) Fort Leavenworth-Blue River route.
‘‘(V) Road to Amazonia.
‘‘(VI) Union Ferry Route.
‘‘(VII) Old Wyoming-Nebraska City cutoff.
‘‘(VIII) Lower Plattsmouth Route.
‘‘(IX) Lower Bellevue Route.
‘‘(X) Woodbury cutoff.
‘‘(XI) Blue Ridge cutoff.
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123 STAT. 1163
‘‘(XII) Westport Road.
‘‘(XIII) Gum Springs-Fort Leavenworth route.
‘‘(XIV) Atchison/Independence Creek routes.
‘‘(XV) Fort Leavenworth-Kansas River route.
‘‘(XVI) Nebraska City cutoff routes.
‘‘(XVII) Minersville-Nebraska City Road.
‘‘(XVIII) Upper Plattsmouth route.
‘‘(XIX) Upper Bellevue route.
‘‘(ii) CENTRAL ROUTES.—
‘‘(I) Cherokee Trail, including splits.
‘‘(II) Weber Canyon route of Hastings cutoff.
‘‘(III) Bishop Creek cutoff.
‘‘(IV) McAuley cutoff.
‘‘(V) Diamond Springs cutoff.
‘‘(VI) Secret Pass.
‘‘(VII) Greenhorn cutoff.
‘‘(VIII) Central Overland Trail.
‘‘(iii) WESTERN ROUTES.—
‘‘(I) Bidwell-Bartleson route.
‘‘(II) Georgetown/Dagget Pass Trail.
‘‘(III) Big Trees Road.
‘‘(IV) Grizzly Flat cutoff.
‘‘(V) Nevada City Road.
‘‘(VI) Yreka Trail.
‘‘(VII) Henness Pass route.
‘‘(VIII) Johnson cutoff.
‘‘(IX) Luther Pass Trail.
‘‘(X) Volcano Road.
‘‘(XI) Sacramento-Coloma Wagon Road.
‘‘(XII) Burnett cutoff.
‘‘(XIII) Placer County Road to Auburn.
‘‘(6) MORMON PIONEER NATIONAL HISTORIC TRAIL.—
‘‘(A) STUDY REQUIRED.—The Secretary of the Interior
shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally
depicted in the map entitled ‘Western Emigrant Trails
1830/1870’ and dated 1991/1993, and of such other routes
of the Mormon Pioneer Trail that the Secretary considers
appropriate, to determine the feasibility and suitability
of designation of 1 or more of the routes as components
of the Mormon Pioneer National Historic Trail.
‘‘(B) COVERED ROUTES.—The routes to be studied under
subparagraph (A) shall include the following:
‘‘(i) 1846 Subsequent routes A and B (Lucas and
Clarke Counties, Iowa).
‘‘(ii) 1856–57 Handcart route (Iowa City to Council
Bluffs).
‘‘(iii) Keokuk route (Iowa).
‘‘(iv) 1847 Alternative Elkhorn and Loup River
Crossings in Nebraska.
‘‘(v) Fort Leavenworth Road; Ox Bow route and
alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants).
‘‘(vi) 1850 Golden Pass Road in Utah.
‘‘(7) SHARED CALIFORNIA AND OREGON TRAIL ROUTES.—
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PUBLIC LAW 111–11—MAR. 30, 2009
‘‘(A) STUDY REQUIRED.—The Secretary of the Interior
shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B)
and generally depicted on the map entitled ‘Western
Emigrant Trails 1830/1870’ and dated 1991/1993, and of
such other shared routes that the Secretary considers
appropriate, to determine the feasibility and suitability
of designation of 1 or more of the routes as shared components of the California National Historic Trail and the
Oregon National Historic Trail.
‘‘(B) COVERED ROUTES.—The routes to be studied under
subparagraph (A) shall include the following:
‘‘(i) St. Joe Road.
‘‘(ii) Council Bluffs Road.
‘‘(iii) Sublette cutoff.
‘‘(iv) Applegate route.
‘‘(v) Old Fort Kearny Road (Oxbow Trail).
‘‘(vi) Childs cutoff.
‘‘(vii) Raft River to Applegate.’’.
SEC. 5303. CHISHOLM TRAIL AND GREAT WESTERN TRAILS STUDIES.
Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following:
‘‘(44) CHISHOLM TRAIL.—
‘‘(A) IN GENERAL.—The Chisholm Trail (also known
as the ‘Abilene Trail’), from the vicinity of San Antonio,
Texas, segments from the vicinity of Cuero, Texas, to Ft.
Worth, Texas, Duncan, Oklahoma, alternate segments used
through Oklahoma, to Enid, Oklahoma, Caldwell, Kansas,
Wichita, Kansas, Abilene, Kansas, and commonly used segments running to alternative Kansas destinations.
‘‘(B) REQUIREMENT.—In conducting the study required
under this paragraph, the Secretary of the Interior shall
identify the point at which the trail originated south of
San Antonio, Texas.
‘‘(45) GREAT WESTERN TRAIL.—
‘‘(A) IN GENERAL.—The Great Western Trail (also
known as the ‘Dodge City Trail’), from the vicinity of San
Antonio, Texas, north-by-northwest through the vicinities
of Kerrville and Menard, Texas, north-by-northeast through
the vicinities of Coleman and Albany, Texas, north through
the vicinity of Vernon, Texas, to Doan’s Crossing, Texas,
northward through or near the vicinities of Altus, Lone
Wolf, Canute, Vici, and May, Oklahoma, north through
Kansas to Dodge City, and north through Nebraska to
Ogallala.
‘‘(B) REQUIREMENT.—In conducting the study required
under this paragraph, the Secretary of the Interior shall
identify the point at which the trail originated south of
San Antonio, Texas.’’.
Subtitle E—Effect of Title
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16 USC 1244
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SEC. 5401. EFFECT.
(a) EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.—Nothing
in this title shall be construed as affecting access for recreational
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activities otherwise allowed by law or regulation, including hunting,
fishing, or trapping.
(b) EFFECT ON STATE AUTHORITY.—Nothing in this title shall
be construed as affecting the authority, jurisdiction, or responsibility
of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, and trapping.
TITLE VI—DEPARTMENT OF THE
INTERIOR AUTHORIZATIONS
Subtitle A—Cooperative Watershed
Management Program
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SEC. 6001. DEFINITIONS.
16 USC 1015.
In this subtitle:
(1) AFFECTED STAKEHOLDER.—The term ‘‘affected stakeholder’’ means an entity that significantly affects, or is significantly affected by, the quality or quantity of water in a watershed, as determined by the Secretary.
(2) GRANT RECIPIENT.—The term ‘‘grant recipient’’ means
a watershed group that the Secretary has selected to receive
a grant under section 6002(c)(2).
(3) PROGRAM.—The term ‘‘program’’ means the Cooperative
Watershed Management Program established by the Secretary
under section 6002(a).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) WATERSHED GROUP.—The term ‘‘watershed group’’
means a self-sustaining, cooperative watershed-wide group
that—
(A) is comprised of representatives of the affected
stakeholders of the relevant watershed;
(B) incorporates the perspectives of a diverse array
of stakeholders, including, to the maximum extent practicable—
(i) representatives of—
(I) hydroelectric production;
(II) livestock grazing;
(III) timber production;
(IV) land development;
(V) recreation or tourism;
(VI) irrigated agricultural production;
(VII) the environment;
(VIII) potable water purveyors and industrial
water users; and
(IX) private property owners within the watershed;
(ii) any Federal agency that has authority with
respect to the watershed;
(iii) any State agency that has authority with
respect to the watershed;
(iv) any local agency that has authority with
respect to the watershed; and
(v) any Indian tribe that—
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PUBLIC LAW 111–11—MAR. 30, 2009
(I) owns land within the watershed; or
(II) has land in the watershed that is held
in trust;
(C) is a grassroots, nonregulatory entity that addresses
water availability and quality issues within the relevant
watershed;
(D) is capable of promoting the sustainable use of
the water resources of the relevant watershed and
improving the functioning condition of rivers and streams
through—
(i) water conservation;
(ii) improved water quality;
(iii) ecological resiliency; and
(iv) the reduction of water conflicts; and
(E) makes decisions on a consensus basis, as defined
in the bylaws of the watershed group.
(6) WATERSHED MANAGEMENT PROJECT.—The term ‘‘watershed management project’’ means any project (including a demonstration project) that—
(A) enhances water conservation, including alternative
water uses;
(B) improves water quality;
(C) improves ecological resiliency of a river or stream;
(D) reduces the potential for water conflicts; or
(E) advances any other goals associated with water
quality or quantity that the Secretary determines to be
appropriate.
16 USC 1015a.
SEC. 6002. PROGRAM.
Deadline.
Grants.
(a) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a program,
to be known as the ‘‘Cooperative Watershed Management Program’’,
under which the Secretary shall provide grants—
(1)(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with the
goals of a watershed group.
(b) APPLICATION.—
(1) ESTABLISHMENT OF APPLICATION PROCESS; CRITERIA.—
Not later than 1 year after the date of enactment of this
Act, the Secretary shall establish—
(A) an application process for the program; and
(B) in consultation with the States, prioritization and
eligibility criteria for considering applications submitted
in accordance with the application process.
(c) DISTRIBUTION OF GRANT FUNDS.—
(1) IN GENERAL.—In distributing grant funds under this
section, the Secretary—
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups that—
(i) represent maximum diversity of interests; or
(ii) serve subbasin-sized watersheds with an 8digit hydrologic unit code, as defined by the United
States Geological Survey.
(2) FUNDING PROCEDURE.—
(A) FIRST PHASE.—
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123 STAT. 1167
(i) IN GENERAL.—The Secretary may provide to
a grant recipient a first-phase grant in an amount
not greater than $100,000 each year for a period of
not more than 3 years.
(ii) MANDATORY USE OF FUNDS.—A grant recipient
that receives a first-phase grant shall use the funds—
(I) to establish or enlarge a watershed group;
(II) to develop a mission statement for the
watershed group;
(III) to develop project concepts; and
(IV) to develop a restoration plan.
(iii) ANNUAL DETERMINATION OF ELIGIBILITY.—
(I) DETERMINATION.—For each year of a firstphase grant, not later than 270 days after the
date on which a grant recipient first receives grant
funds for the year, the Secretary shall determine
whether the grant recipient has made sufficient
progress during the year to justify additional
funding.
(II) EFFECT OF DETERMINATION.—If the Secretary determines under subclause (I) that the
progress of a grant recipient during the year covered by the determination justifies additional
funding, the Secretary shall provide to the grant
recipient grant funds for the following year.
(iv) ADVANCEMENT CONDITIONS.—A grant recipient
shall not be eligible to receive a second-phase grant
under subparagraph (B) until the date on which the
Secretary determines that the watershed group—
(I) has approved articles of incorporation and
bylaws governing the organization; and
(II)(aa) holds regular meetings;
(bb) has completed a mission statement; and
(cc) has developed a restoration plan and
project concepts for the watershed.
(v) EXCEPTION.—A watershed group that has not
applied for or received first-phase grants may apply
for and receive second-phase grants under subparagraph (B) if the Secretary determines that the group
has satisfied the requirements of first-phase grants.
(B) SECOND PHASE.—
(i) IN GENERAL.—A watershed group may apply
for and receive second-phase grants of $1,000,000 each
year for a period of not more than 4 years if—
(I) the watershed group has applied for and
received watershed grants under subparagraph
(A); or
(II) the Secretary determines that the watershed group has satisfied the requirements of firstphase grants.
(ii) MANDATORY USE OF FUNDS.—A grant recipient
that receives a second-phase grant shall use the funds
to plan and carry out watershed management projects.
(iii) ANNUAL DETERMINATION OF ELIGIBILITY.—
(I) DETERMINATION.—For each year of the
second-phase grant, not later than 270 days after
the date on which a grant recipient first receives
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Deadline.
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PUBLIC LAW 111–11—MAR. 30, 2009
grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional
funding.
(II) EFFECT OF DETERMINATION.—If the Secretary determines under subclause (I) that the
progress of a grant recipient during the year justifies additional funding, the Secretary shall provide
to the grant recipient grant funds for the following
year.
(iv) ADVANCEMENT CONDITION.—A grant recipient
shall not be eligible to receive a third-phase grant
under subparagraph (C) until the date on which the
Secretary determines that the grant recipient has—
(I) completed each requirement of the secondphase grant; and
(II) demonstrated that 1 or more pilot projects
of the grant recipient have resulted in demonstrable improvements, as determined by the Secretary, in the functioning condition of at least 1
river or stream in the watershed.
(C) THIRD PHASE.—
(i) FUNDING LIMITATION.—
(I) IN GENERAL.—Except as provided in subclause (II), the Secretary may provide to a grant
recipient a third-phase grant in an amount not
greater than $5,000,000 for a period of not more
than 5 years.
(II) EXCEPTION.—The Secretary may provide
to a grant recipient a third-phase grant in an
amount that is greater than the amount described
in subclause (I) if the Secretary determines that
the grant recipient is capable of using the additional amount to further the purposes of the program in a way that could not otherwise be achieved
by the grant recipient using the amount described
in subclause (I).
(ii) MANDATORY USE OF FUNDS.—A grant recipient
that receives a third-phase grant shall use the funds
to plan and carry out at least 1 watershed management
project.
(3) AUTHORIZING USE OF FUNDS FOR ADMINISTRATIVE AND
OTHER COSTS.—A grant recipient that receives a grant under
this section may use the funds—
(A) to pay for—
(i) administrative and coordination costs, if the
costs are not greater than the lesser of—
(I) 20 percent of the total amount of the grant;
or
(II) $100,000;
(ii) the salary of not more than 1 full-time
employee of the watershed group; and
(iii) any legal fees arising from the establishment
of the relevant watershed group; and
(B) to fund—
(i) water quality and quantity studies of the relevant watershed; and
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(ii) the planning, design, and implementation of
any projects relating to water quality or quantity.
(d) COST SHARE.—
(1) PLANNING.—The Federal share of the cost of an activity
provided assistance through a first-phase grant shall be 100
percent.
(2) PROJECTS CARRIED OUT UNDER SECOND PHASE.—
(A) IN GENERAL.—The Federal share of the cost of
any activity of a watershed management project provided
assistance through a second-phase grant shall not exceed
50 percent of the total cost of the activity.
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal
share under subparagraph (A) may be in the form of inkind contributions.
(3) PROJECTS CARRIED OUT UNDER THIRD PHASE.—
(A) IN GENERAL.—The Federal share of the costs of
any activity of a watershed group of a grant recipient
relating to a watershed management project provided
assistance through a third-phase grant shall not exceed
50 percent of the total costs of the watershed management
project.
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal
share under subparagraph (A) may be in the form of inkind contributions.
(e) ANNUAL REPORTS.—
(1) IN GENERAL.—Not later than 1 year after the date
on which a grant recipient first receives funds under this section, and annually thereafter, in accordance with paragraph
(2), the watershed group shall submit to the Secretary a report
that describes the progress of the watershed group.
(2) REQUIRED DEGREE OF DETAIL.—The contents of an
annual report required under paragraph (1) shall contain sufficient information to enable the Secretary to complete each
report required under subsection (f), as determined by the
Secretary.
(f) REPORT.—Not later than 5 years after the date of enactment
of this Act, and every 5 years thereafter, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives a report that describes—
(1) the ways in which the program assists the Secretary—
(A) in addressing water conflicts;
(B) in conserving water;
(C) in improving water quality; and
(D) in improving the ecological resiliency of a river
or stream; and
(2) benefits that the program provides, including, to the
maximum extent practicable, a quantitative analysis of economic, social, and environmental benefits.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $2,000,000 for each of fiscal years 2008 and 2009;
(2) $5,000,000 for fiscal year 2010;
(3) $10,000,000 for fiscal year 2011; and
(4) $20,000,000 for each of fiscal years 2012 through 2020.
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16 USC 1015b.
PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 6003. EFFECT OF SUBTITLE.
Nothing in this subtitle affects the applicability of any Federal,
State, or local law with respect to any watershed group.
Subtitle B—Competitive Status for Federal
Employees in Alaska
SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES
IN THE STATE OF ALASKA.
Section 1308 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198) is amended by adding at the end the
following:
‘‘(e) COMPETITIVE STATUS.—
‘‘(1) IN GENERAL.—Nothing in subsection (a) provides that
any person hired pursuant to the program established under
that subsection is not eligible for competitive status in the
same manner as any other employee hired as part of the
competitive service.
‘‘(2) REDESIGNATION OF CERTAIN POSITIONS.—
‘‘(A) PERSONS SERVING IN ORIGINAL POSITIONS.—Not
later than 60 days after the date of enactment of this
subsection, with respect to any person hired into a permanent position pursuant to the program established under
subsection (a) who is serving in that position as of the
date of enactment of this subsection, the Secretary shall
redesignate that position and the person serving in that
position as having been part of the competitive service
as of the date that the person was hired into that position.
‘‘(B) PERSONS NO LONGER SERVING IN ORIGINAL POSITIONS.—With respect to any person who was hired pursuant
to the program established under subsection (a) that is
no longer serving in that position as of the date of enactment of this subsection—
‘‘(i) the person may provide to the Secretary a
request for redesignation of the service as part of the
competitive service that includes evidence of the
employment; and
‘‘(ii) not later than 90 days of the submission of
a request under clause (i), the Secretary shall redesignate the service of the person as being part of the
competitive service.’’.
Deadlines.
Subtitle C—Wolf Livestock Loss
Demonstration Project
7 USC 426 note.
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SEC. 6201. DEFINITIONS.
In this subtitle:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(2) LIVESTOCK.—The term ‘‘livestock’’ means cattle, swine,
horses, mules, sheep, goats, livestock guard animals, and other
domestic animals, as determined by the Secretary.
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123 STAT. 1171
(3) PROGRAM.—The term ‘‘program’’ means the demonstration program established under section 6202(a).
(4) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture, acting
jointly.
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SEC. 6202. WOLF COMPENSATION AND PREVENTION PROGRAM.
(a) IN GENERAL.—The Secretaries shall establish a 5-year demonstration program to provide grants to States and Indian tribes—
(1) to assist livestock producers in undertaking proactive,
non-lethal activities to reduce the risk of livestock loss due
to predation by wolves; and
(2) to compensate livestock producers for livestock losses
due to such predation.
(b) CRITERIA AND REQUIREMENTS.—The Secretaries shall—
(1) establish criteria and requirements to implement the
program; and
(2) when promulgating regulations to implement the program under paragraph (1), consult with States that have implemented State programs that provide assistance to—
(A) livestock producers to undertake proactive activities
to reduce the risk of livestock loss due to predation by
wolves; or
(B) provide compensation to livestock producers for
livestock losses due to such predation.
(c) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a State or Indian tribe shall—
(1) designate an appropriate agency of the State or Indian
tribe to administer the 1 or more programs funded by the
grant;
(2) establish 1 or more accounts to receive grant funds;
(3) maintain files of all claims received under programs
funded by the grant, including supporting documentation;
(4) submit to the Secretary—
(A) annual reports that include—
(i) a summary of claims and expenditures under
the program during the year; and
(ii) a description of any action taken on the claims;
and
(B) such other reports as the Secretary may require
to assist the Secretary in determining the effectiveness
of activities provided assistance under this section; and
(5) promulgate rules for reimbursing livestock producers
under the program.
(d) ALLOCATION OF FUNDING.—The Secretaries shall allocate
funding made available to carry out this subtitle—
(1) equally between the uses identified in paragraphs (1)
and (2) of subsection (a); and
(2) among States and Indian tribes based on—
(A) the level of livestock predation in the State or
on the land owned by, or held in trust for the benefit
of, the Indian tribe;
(B) whether the State or Indian tribe is located in
a geographical area that is at high risk for livestock predation; or
(C) any other factors that the Secretaries determine
are appropriate.
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Grants.
Consultation.
Records.
Reports.
Regulations.
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PUBLIC LAW 111–11—MAR. 30, 2009
(e) ELIGIBLE LAND.—Activities and losses described in subsection (a) may occur on Federal, State, or private land, or land
owned by, or held in trust for the benefit of, an Indian tribe.
(f) FEDERAL COST SHARE.—The Federal share of the cost of
any activity provided assistance made available under this subtitle
shall not exceed 50 percent of the total cost of the activity.
SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$1,000,000 for fiscal year 2009 and each fiscal year thereafter.
Subtitle D—Paleontological Resources
Preservation
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16 USC 470aaa.
SEC. 6301. DEFINITIONS.
In this subtitle:
(1) CASUAL COLLECTING.—The term ‘‘casual collecting’’
means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial
personal use, either by surface collection or the use of nonpowered hand tools resulting in only negligible disturbance
to the Earth’s surface and other resources. As used in this
paragraph, the terms ‘‘reasonable amount’’, ‘‘common invertebrate and plant paleontological resources’’ and ‘‘negligible
disturbance’’ shall be determined by the Secretary.
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means—
(A) land controlled or administered by the Secretary
of the Interior, except Indian land; or
(B) National Forest System land controlled or administered by the Secretary of Agriculture.
(3) INDIAN LAND.—The term ‘‘Indian Land’’ means land
of Indian tribes, or Indian individuals, which are either held
in trust by the United States or subject to a restriction against
alienation imposed by the United States.
(4) PALEONTOLOGICAL RESOURCE.—The term ‘‘paleontological resource’’ means any fossilized remains, traces, or imprints
of organisms, preserved in or on the earth’s crust, that are
of paleontological interest and that provide information about
the history of life on earth, except that the term does not
include—
(A) any materials associated with an archaeological
resource (as defined in section 3(1) of the Archaeological
Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or
(B) any cultural item (as defined in section 2 of the
Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001)).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior with respect to land controlled or administered
by the Secretary of the Interior or the Secretary of Agriculture
with respect to National Forest System land controlled or
administered by the Secretary of Agriculture.
(6) STATE.—The term ‘‘State’’ means the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States.
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123 STAT. 1173
SEC. 6302. MANAGEMENT.
(a) IN GENERAL.—The Secretary shall manage and protect
paleontological resources on Federal land using scientific principles
and expertise. The Secretary shall develop appropriate plans for
inventory, monitoring, and the scientific and educational use of
paleontological resources, in accordance with applicable agency
laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with
non-Federal partners, the scientific community, and the general
public.
(b) COORDINATION.—To the extent possible, the Secretary of
the Interior and the Secretary of Agriculture shall coordinate in
the implementation of this subtitle.
SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM.
The Secretary shall establish a program to increase public
awareness about the significance of paleontological resources.
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SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) PERMIT REQUIREMENT.—
(1) IN GENERAL.—Except as provided in this subtitle, a
paleontological resource may not be collected from Federal land
without a permit issued under this subtitle by the Secretary.
(2) CASUAL COLLECTING EXCEPTION.—The Secretary shall
allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management,
the Bureau of Reclamation, and the Forest Service, where
such collection is consistent with the laws governing the
management of those Federal land and this subtitle.
(3) PREVIOUS PERMIT EXCEPTION.—Nothing in this section
shall affect a valid permit issued prior to the date of enactment
of this Act.
(b) CRITERIA FOR ISSUANCE OF A PERMIT.—The Secretary may
issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that—
(1) the applicant is qualified to carry out the permitted
activity;
(2) the permitted activity is undertaken for the purpose
of furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any management plan applicable to the Federal land concerned; and
(4) the proposed methods of collecting will not threaten
significant natural or cultural resources.
(c) PERMIT SPECIFICATIONS.—A permit for the collection of a
paleontological resource issued under this section shall contain
such terms and conditions as the Secretary deems necessary to
carry out the purposes of this subtitle. Every permit shall include
requirements that—
(1) the paleontological resource that is collected from Federal land under the permit will remain the property of the
United States;
(2) the paleontological resource and copies of associated
records will be preserved for the public in an approved repository, to be made available for scientific research and public
education; and
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16 USC
470aaa–1.
Plans.
16 USC
470aaa–2.
16 USC
470aaa–3.
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(3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary.
(d) MODIFICATION, SUSPENSION, AND REVOCATION OF PERMITS.—
(1) The Secretary may modify, suspend, or revoke a permit
issued under this section—
(A) for resource, safety, or other management considerations; or
(B) when there is a violation of term or condition
of a permit issued pursuant to this section.
(2) The permit shall be revoked if any person working
under the authority of the permit is convicted under section
6306 or is assessed a civil penalty under section 6307.
(e) AREA CLOSURES.—In order to protect paleontological or other
resources or to provide for public safety, the Secretary may restrict
access to or close areas under the Secretary’s jurisdiction to the
collection of paleontological resources.
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16 USC
470aaa–4.
SEC. 6305. CURATION OF RESOURCES.
16 USC
470aaa–5.
SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES.
09:06 Apr 17, 2009
Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited
in an approved repository. The Secretary may enter into agreements
with non-Federal repositories regarding the curation of these
resources, data, and records.
(a) IN GENERAL.—A person may not—
(1) excavate, remove, damage, or otherwise alter or deface
or attempt to excavate, remove, damage, or otherwise alter
or deface any paleontological resources located on Federal land
unless such activity is conducted in accordance with this subtitle;
(2) exchange, transport, export, receive, or offer to
exchange, transport, export, or receive any paleontological
resource if the person knew or should have known such resource
to have been excavated or removed from Federal land in violation of any provisions, rule, regulation, law, ordinance, or
permit in effect under Federal law, including this subtitle;
or
(3) sell or purchase or offer to sell or purchase any paleontological resource if the person knew or should have known
such resource to have been excavated, removed, sold, purchased,
exchanged, transported, or received from Federal land.
(b) FALSE LABELING OFFENSES.—A person may not make or
submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from
Federal land.
(c) PENALTIES.—A person who knowingly violates or counsels,
procures, solicits, or employs another person to violate subsection
(a) or (b) shall, upon conviction, be fined in accordance with title
18, United States Code, or imprisoned not more than 5 years,
or both; but if the sum of the commercial and paleontological
value of the paleontological resources involved and the cost of
restoration and repair of such resources does not exceed $500,
such person shall be fined in accordance with title 18, United
States Code, or imprisoned not more than 2 years, or both.
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(d) MULTIPLE OFFENSES.—In the case of a second or subsequent
violation by the same person, the amount of the penalty assessed
under subsection (c) may be doubled.
(e) GENERAL EXCEPTION.—Nothing in subsection (a) shall apply
to any person with respect to any paleontological resource which
was in the lawful possession of such person prior to the date
of enactment of this Act.
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SEC. 6307. CIVIL PENALTIES.
(a) IN GENERAL.—
(1) HEARING.—A person who violates any prohibition contained in an applicable regulation or permit issued under this
subtitle may be assessed a penalty by the Secretary after the
person is given notice and opportunity for a hearing with
respect to the violation. Each violation shall be considered
a separate offense for purposes of this section.
(2) AMOUNT OF PENALTY.—The amount of such penalty
assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this subtitle, taking into account
the following factors:
(A) The scientific or fair market value, whichever is
greater, of the paleontological resource involved, as determined by the Secretary.
(B) The cost of response, restoration, and repair of
the resource and the paleontological site involved.
(C) Any other factors considered relevant by the Secretary assessing the penalty.
(3) MULTIPLE OFFENSES.—In the case of a second or subsequent violation by the same person, the amount of a penalty
assessed under paragraph (2) may be doubled.
(4) LIMITATION.—The amount of any penalty assessed
under this subsection for any 1 violation shall not exceed an
amount equal to double the cost of response, restoration, and
repair of resources and paleontological site damage plus double
the scientific or fair market value of resources destroyed or
not recovered.
(b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF UNPAID
ASSESSMENTS.—
(1) JUDICIAL REVIEW.—Any person against whom an order
is issued assessing a penalty under subsection (a) may file
a petition for judicial review of the order in the United States
District Court for the District of Columbia or in the district
in which the violation is alleged to have occurred within the
30-day period beginning on the date the order making the
assessment was issued. Upon notice of such filing, the Secretary
shall promptly file such a certified copy of the record on which
the order was issued. The court shall hear the action on the
record made before the Secretary and shall sustain the action
if it is supported by substantial evidence on the record considered as a whole.
(2) FAILURE TO PAY.—If any person fails to pay a penalty
under this section within 30 days—
(A) after the order making assessment has become
final and the person has not filed a petition for judicial
review of the order in accordance with paragraph (1); or
(B) after a court in an action brought in paragraph
(1) has entered a final judgment upholding the assessment
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16 USC
470aaa–6.
Notification.
Regulations.
Deadlines.
Records.
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of the penalty, the Secretary may request the Attorney
General to institute a civil action in a district court of
the United States for any district in which the person
if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the
date of the final order or the date of the final judgment,
as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action,
the validity, amount, and appropriateness of such penalty
shall not be subject to review. Any person who fails to
pay on a timely basis the amount of an assessment of
a civil penalty as described in the first sentence of this
paragraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for collection
proceedings.
(c) HEARINGS.—Hearings held during proceedings instituted
under subsection (a) shall be conducted in accordance with section
554 of title 5, United States Code.
(d) USE OF RECOVERED AMOUNTS.—Penalties collected under
this section shall be available to the Secretary and without further
appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological
resources and sites which were the subject of the action, and
to protect, monitor, and study the resources and sites.
(2) To provide educational materials to the public about
paleontological resources and sites.
(3) To provide for the payment of rewards as provided
in section 6308.
16 USC
470aaa–7.
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16 USC
470aaa–8.
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SEC. 6308. REWARDS AND FORFEITURE.
(a) REWARDS.—The Secretary may pay from penalties collected
under section 6306 or 6307 or from appropriated funds—
(1) consistent with amounts established in regulations by
the Secretary; or
(2) if no such regulation exists, an amount up to 1⁄2 of
the penalties, to any person who furnishes information which
leads to the finding of a civil violation, or the conviction of
criminal violation, with respect to which the penalty was paid.
If several persons provided the information, the amount shall
be divided among the persons. No officer or employee of the
United States or of any State or local government who furnishes
information or renders service in the performance of his official
duties shall be eligible for payment under this subsection.
(b) FORFEITURE.—All paleontological resources with respect to
which a violation under section 6306 or 6307 occurred and which
are in the possession of any person, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture.
(c) TRANSFER OF SEIZED RESOURCES.—The Secretary may
transfer administration of seized paleontological resources to Federal or non-Federal educational institutions to be used for scientific
or educational purposes.
SEC. 6309. CONFIDENTIALITY.
Information concerning the nature and specific location of a
paleontological resource shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless
the Secretary determines that disclosure would—
(1) further the purposes of this subtitle;
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(2) not create risk of harm to or theft or destruction of
the resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
SEC. 6310. REGULATIONS.
As soon as practical after the date of enactment of this Act,
the Secretary shall issue such regulations as are appropriate to
carry out this subtitle, providing opportunities for public notice
and comment.
SEC. 6311. SAVINGS PROVISIONS.
Nothing in this subtitle shall be construed to—
(1) invalidate, modify, or impose any additional restrictions
or permitting requirements on any activities permitted at any
time under the general mining laws, the mineral or geothermal
leasing laws, laws providing for minerals materials disposal,
or laws providing for the management or regulation of the
activities authorized by the aforementioned laws including but
not limited to the Federal Land Policy Management Act (43
U.S.C. 1701–1784), Public Law 94–429 (commonly known as
the ‘‘Mining in the Parks Act’’) (16 U.S.C. 1901 et seq.), the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201–1358), and the Organic Administration Act (16 U.S.C.
478, 482, 551);
(2) invalidate, modify, or impose any additional restrictions
or permitting requirements on any activities permitted at any
time under existing laws and authorities relating to reclamation
and multiple uses of Federal land;
(3) apply to, or require a permit for, casual collecting of
a rock, mineral, or invertebrate or plant fossil that is not
protected under this subtitle;
(4) affect any land other than Federal land or affect the
lawful recovery, collection, or sale of paleontological resources
from land other than Federal land;
(5) alter or diminish the authority of a Federal agency
under any other law to provide protection for paleontological
resources on Federal land in addition to the protection provided
under this subtitle; or
(6) create any right, privilege, benefit, or entitlement for
any person who is not an officer or employee of the United
States acting in that capacity. No person who is not an officer
or employee of the United States acting in that capacity shall
have standing to file any civil action in a court of the United
States to enforce any provision or amendment made by this
subtitle.
SEC. 6312. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may
be necessary to carry out this subtitle.
Subtitle E—Izembek National Wildlife
Refuge Land Exchange
Notice.
Public comment.
16 USC
470aaa–9.
16 USC
470aaa–10.
16 USC
470aaa–11.
Alaska.
16 USC 668dd
note.
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SEC. 6401. DEFINITIONS.
In this subtitle:
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(1) CORPORATION.—The term ‘‘Corporation’’ means the King
Cove Corporation.
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means—
(A) the approximately 206 acres of Federal land located
within the Refuge, as generally depicted on the map; and
(B) the approximately 1,600 acres of Federal land
located on Sitkinak Island, as generally depicted on the
map.
(3) MAP.—The term ‘‘map’’ means each of—
(A) the map entitled ‘‘Izembek and Alaska Peninsula
National Wildlife Refuges’’ and dated September 2, 2008;
and
(B) the map entitled ‘‘Sitkinak Island–Alaska Maritime
National Wildlife Refuge’’ and dated September 2, 2008.
(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means—
(A) the approximately 43,093 acres of land owned by
the State, as generally depicted on the map; and
(B) the approximately 13,300 acres of land owned by
the Corporation (including approximately 5,430 acres of
land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) as part
of the land exchange under section 6402(a)), as generally
depicted on the map.
(5) REFUGE.—The term ‘‘Refuge’’ means the Izembek
National Wildlife Refuge.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(7) STATE.—The term ‘‘State’’ means the State of Alaska.
(8) TRIBE.—The term ‘‘Tribe’’ means the Agdaagux Tribe
of King Cove, Alaska.
SEC. 6402. LAND EXCHANGE.
Notification.
King Cove
Corporation.
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Deadline.
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(a) IN GENERAL.—Upon receipt of notification by the State
and the Corporation of the intention of the State and the Corporation to exchange the non-Federal land for the Federal land, subject
to the conditions and requirements described in this subtitle, the
Secretary may convey to the State all right, title, and interest
of the United States in and to the Federal land. The Federal
land within the Refuge shall be transferred for the purpose of
constructing a single-lane gravel road between the communities
of King Cove and Cold Bay, Alaska.
(b) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT
OF 1969 AND OTHER APPLICABLE LAWS.—
(1) IN GENERAL.—In determining whether to carry out the
land exchange under subsection (a), the Secretary shall—
(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) except as provided in subsection (c), comply with
any other applicable law (including regulations).
(2) ENVIRONMENTAL IMPACT STATEMENT.—
(A) IN GENERAL.—Not later than 60 days after the
date on which the Secretary receives notification under
subsection (a), the Secretary shall initiate the preparation
of an environmental impact statement required under the
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1179
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(B) REQUIREMENTS.—The environmental impact statement prepared under subparagraph (A) shall contain—
(i) an analysis of—
(I) the proposed land exchange; and
(II) the potential construction and operation
of a road between the communities of King Cove
and Cold Bay, Alaska; and
(ii) an evaluation of a specific road corridor through
the Refuge that is identified in consultation with the
State, the City of King Cove, Alaska, and the Tribe.
(3) COOPERATING AGENCIES.—
(A) IN GENERAL.—During the preparation of the
environmental impact statement under paragraph (2), each
entity described in subparagraph (B) may participate as
a cooperating agency.
(B) AUTHORIZED ENTITIES.—An authorized entity may
include—
(i) any Federal agency that has permitting jurisdiction over the road described in paragraph (2)(B)(i)(II);
(ii) the State;
(iii) the Aleutians East Borough of the State;
(iv) the City of King Cove, Alaska;
(v) the Tribe; and
(vi) the Alaska Migratory Bird Co-Management
Council.
(c) VALUATION.—The conveyance of the Federal land and nonFederal land under this section shall not be subject to any requirement under any Federal law (including regulations) relating to
the valuation, appraisal, or equalization of land.
(d) PUBLIC INTEREST DETERMINATION.—
(1) CONDITIONS FOR LAND EXCHANGE.—Subject to paragraph (2), to carry out the land exchange under subsection
(a), the Secretary shall determine that the land exchange
(including the construction of a road between the City of King
Cove, Alaska, and the Cold Bay Airport) is in the public
interest.
(2) LIMITATION OF AUTHORITY OF SECRETARY.—The Secretary may not, as a condition for a finding that the land
exchange is in the public interest—
(A) require the State or the Corporation to convey
additional land to the United States; or
(B) impose any restriction on the subsistence uses (as
defined in section 803 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3113)) of waterfowl
by rural residents of the State.
(e) KINZAROFF LAGOON.—The land exchange under subsection
(a) shall not be carried out before the date on which the parcel
of land owned by the State that is located in the Kinzaroff Lagoon
has been designated by the State as a State refuge, in accordance
with the applicable laws (including regulations) of the State.
(f) DESIGNATION OF ROAD CORRIDOR.—In designating the road
corridor described in subsection (b)(2)(B)(ii), the Secretary shall—
(1) minimize the adverse impact of the road corridor on
the Refuge;
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(2) transfer the minimum acreage of Federal land that
is required for the construction of the road corridor; and
(3) to the maximum extent practicable, incorporate into
the road corridor roads that are in existence as of the date
of enactment of this Act.
(g) ADDITIONAL TERMS AND CONDITIONS.—The land exchange
under subsection (a) shall be subject to any other term or condition
that the Secretary determines to be necessary.
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SEC. 6403. KING COVE ROAD.
Deadline.
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(a) REQUIREMENTS RELATING TO USE, BARRIER CABLES, AND
DIMENSIONS.—
(1) LIMITATIONS ON USE.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), any portion of the road constructed on the Federal
land conveyed pursuant to this subtitle shall be used primarily for health and safety purposes (including access
to and from the Cold Bay Airport) and only for noncommercial purposes.
(B) EXCEPTIONS.—Notwithstanding subparagraph (A),
the use of taxis, commercial vans for public transportation,
and shared rides (other than organized transportation of
employees to a business or other commercial facility) shall
be allowed on the road described in subparagraph (A).
(C) REQUIREMENT OF AGREEMENT.—The limitations of
the use of the road described in this paragraph shall be
enforced in accordance with an agreement entered into
between the Secretary and the State.
(2) REQUIREMENT OF BARRIER CABLE.—The road described
in paragraph (1)(A) shall be constructed to include a cable
barrier on each side of the road, as described in the record
of decision entitled ‘‘Mitigation Measure MM–11, King Cove
Access Project Final Environmental Impact Statement Record
of Decision’’ and dated January 22, 2004, unless a different
type barrier is required as a mitigation measure in the Record
of Decision for Final Environmental Impact Statement required
in section 6402(b)(2).
(3) REQUIRED DIMENSIONS AND DESIGN FEATURES.—The
road described in paragraph (1)(A) shall—
(A) have a width of not greater than a single lane,
in accordance with the applicable road standards of the
State;
(B) be constructed with gravel;
(C) be constructed to comply with any specific design
features identified in the Record of Decision for Final
Environmental Impact Statement required in section
6402(b)(2) as Mitigation Measures relative to the passage
and migration of wildlife, and also the exchange of tidal
flows, where applicable, in accordance with applicable Federal and State design standards; and
(D) if determined to be necessary, be constructed to
include appropriate safety pullouts.
(b) SUPPORT FACILITIES.—Support facilities for the road
described in subsection (a)(1)(A) shall not be located within the
Refuge.
(c) FEDERAL PERMITS.—It is the intent of Congress that any
Federal permit required for construction of the road be issued
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or denied not later than 1 year after the date of application for
the permit.
(d) APPLICABLE LAW.—Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3170).
(e) MITIGATION PLAN.—
(1) IN GENERAL.—Based on the evaluation of impacts determined through the completion of the environmental impact
statement under section 6402(b)(2), the Secretary, in consultation with the entities described in section 6402(b)(3)(B), shall
develop an enforceable mitigation plan.
(2) CORRECTIVE MODIFICATIONS.—The Secretary may make
corrective modifications to the mitigation plan developed under
paragraph (1) if—
(A) the mitigation standards required under the mitigation plan are maintained; and
(B) the Secretary provides an opportunity for public
comment with respect to any proposed corrective modification.
(3) AVOIDANCE OF WILDLIFE IMPACTS.—Road construction
shall adhere to any specific mitigation measures included in
the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) that—
(A) identify critical periods during the calendar year
when the refuge is utilized by wildlife, especially migratory
birds; and
(B) include specific mandatory strategies to alter, limit
or halt construction activities during identified high risk
periods in order to minimize impacts to wildlife, and
(C) allow for the timely construction of the road.
(4) MITIGATION OF WETLAND LOSS.—The plan developed
under this subsection shall comply with section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344) with
regard to minimizing, to the greatest extent practicable, the
filling, fragmentation or loss of wetlands, especially intertidal
wetlands, and shall evaluate mitigating effect of those wetlands
transferred in Federal ownership under the provisions of this
subtitle.
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SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.
(1) FEDERAL LAND.—Upon completion of the land exchange
under section 6402(a)—
(A) the boundary of the land designated as wilderness
within the Refuge shall be modified to exclude the Federal
land conveyed to the State under the land exchange; and
(B) the Federal land located on Sitkinak Island that
is withdrawn for use by the Coast Guard shall, at the
request of the State, be transferred by the Secretary to
the State upon the relinquishment or termination of the
withdrawal.
(2) NON-FEDERAL LAND.—Upon completion of the land
exchange under section 6402(a), the non-Federal land conveyed
to the United States under this subtitle shall be—
(A) added to the Refuge or the Alaska Peninsula
National Wildlife Refuge, as appropriate, as generally
depicted on the map; and
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(B) administered in accordance with the laws generally
applicable to units of the National Wildlife Refuge System.
(3) WILDERNESS ADDITIONS.—
(A) IN GENERAL.—Upon completion of the land
exchange under section 6402(a), approximately 43,093 acres
of land as generally depicted on the map shall be added
to—
(i) the Izembek National Wildlife Refuge Wilderness; or
(ii) the Alaska Peninsula National Wildlife Refuge
Wilderness.
(B) ADMINISTRATION.—The land added as wilderness
under subparagraph (A) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and other applicable laws (including regulations).
16 USC 1132
note.
SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.
(a) NOTIFICATION TO VOID LAND EXCHANGE.—If the Secretary,
the State, and the Corporation enter into the land exchange authorized under section 6402(a), the State or the Corporation may notify
the Secretary in writing of the intention of the State or Corporation
to void the exchange if construction of the road through the Refuge
has not begun.
(b) DISPOSITION OF LAND EXCHANGE.—Upon the latter of the
date on which the Secretary receives a request under subsection
(a), and the date on which the Secretary determines that the Federal
land conveyed under the land exchange under section 6402(a) has
not been adversely impacted (other than any nominal impact associated with the preparation of an environmental impact statement
under section 6402(b)(2)), the land exchange shall be null and
void.
(c) RETURN OF PRIOR OWNERSHIP STATUS OF FEDERAL AND
NON-FEDERAL LAND.—If the land exchange is voided under subsection (b)—
(1) the Federal land and non-Federal land shall be returned
to the respective ownership status of each land prior to the
land exchange;
(2) the parcel of the Federal land that is located in the
Refuge shall be managed as part of the Izembek National
Wildlife Refuge Wilderness; and
(3) each selection of the Corporation under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that
was relinquished under this subtitle shall be reinstated.
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SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.
(a) IN GENERAL.—Any legislative authority for construction of
a road shall expire at the end of the 7-year period beginning
on the date of the enactment of this subtitle unless a construction
permit has been issued during that period.
(b) EXTENSION OF AUTHORITY.—If a construction permit is
issued within the allotted period, the 7-year authority shall be
extended for a period of 5 additional years beginning on the date
of issuance of the construction permit.
(c) EXTENSION OF AUTHORITY AS RESULT OF LEGAL CHALLENGES.—
(1) IN GENERAL.—Prior to the issuance of a construction
permit, if a lawsuit or administrative appeal is filed challenging
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the land exchange or construction of the road (including a
challenge to the NEPA process, decisions, or any required
permit process required to complete construction of the road),
the 7-year deadline or the five-year extension period, as appropriate, shall be extended for a time period equivalent to the
time consumed by the full adjudication of the legal challenge
or related administrative process.
(2) INJUNCTION.—After a construction permit has been
issued, if a court issues an injunction against construction
of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to time
period that the injunction is in effect.
(d) APPLICABILITY OF SECTION 6405.—Upon the expiration of
the legislative authority under this section, if a road has not been
constructed, the land exchange shall be null and void and the
land ownership shall revert to the respective ownership status
prior to the land exchange as provided in section 6405.
TITLE VII—NATIONAL PARK SERVICE
AUTHORIZATIONS
Subtitle A—Additions to the National Park
System
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SEC. 7001. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK,
NEW JERSEY.
16 USC 410lll.
(a) DEFINITIONS.—In this section:
(1) CITY.—The term ‘‘City’’ means the City of Paterson,
New Jersey.
(2) COMMISSION.—The term ‘‘Commission’’ means the
Paterson Great Falls National Historical Park Advisory
Commission established by subsection (e)(1).
(3) HISTORIC DISTRICT.—The term ‘‘Historic District’’ means
the Great Falls Historic District in the State.
(4) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Park developed under
subsection (d).
(5) MAP.—The term ‘‘Map’’ means the map entitled
‘‘Paterson Great Falls National Historical Park–Proposed
Boundary’’, numbered T03/80,001, and dated May 2008.
(6) PARK.—The term ‘‘Park’’ means the Paterson Great
Falls National Historical Park established by subsection
(b)(1)(A).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(8) STATE.—The term ‘‘State’’ means the State of New
Jersey.
(b) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—Subject to subparagraph (B), there
is established in the State a unit of the National Park
System to be known as the ‘‘Paterson Great Falls National
Historical Park’’.
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Contract.
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publication.
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(B) CONDITIONS FOR ESTABLISHMENT.—The Park shall
not be established until the date on which the Secretary
determines that—
(i)(I) the Secretary has acquired sufficient land
or an interest in land within the boundary of the
Park to constitute a manageable unit; or
(II) the State or City, as appropriate, has entered
into a written agreement with the Secretary to
donate—
(aa) the Great Falls State Park, including
facilities for Park administration and visitor services; or
(bb) any portion of the Great Falls State Park
agreed to between the Secretary and the State
or City; and
(ii) the Secretary has entered into a written agreement with the State, City, or other public entity, as
appropriate, providing that—
(I) land owned by the State, City, or other
public entity within the Historic District will be
managed consistent with this section; and
(II) future uses of land within the Historic
District will be compatible with the designation
of the Park.
(2) PURPOSE.—The purpose of the Park is to preserve and
interpret for the benefit of present and future generations certain historical, cultural, and natural resources associated with
the Historic District.
(3) BOUNDARIES.—The Park shall include the following
sites, as generally depicted on the Map:
(A) The upper, middle, and lower raceways.
(B) Mary Ellen Kramer (Great Falls) Park and adjacent
land owned by the City.
(C) A portion of Upper Raceway Park, including the
Ivanhoe Wheelhouse and the Society for Establishing Useful Manufactures Gatehouse.
(D) Overlook Park and adjacent land, including the
Society for Establishing Useful Manufactures Hydroelectric
Plant and Administration Building.
(E) The Allied Textile Printing site, including the Colt
Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins,
and Todd Mill ruins.
(F) The Rogers Locomotive Company Erecting Shop,
including the Paterson Museum.
(G) The Great Falls Visitor Center.
(4) AVAILABILITY OF MAP.—The Map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(5) PUBLICATION OF NOTICE.—Not later than 60 days after
the date on which the conditions in clauses (i) and (ii) of
paragraph (1)(B) are satisfied, the Secretary shall publish in
the Federal Register notice of the establishment of the Park,
including an official boundary map for the Park.
(c) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall administer the Park
in accordance with—
(A) this section; and
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123 STAT. 1185
(B) the laws generally applicable to units of the
National Park System, including—
(i) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C. 461
et seq.).
(2) STATE AND LOCAL JURISDICTION.—Nothing in this section enlarges, diminishes, or modifies any authority of the
State, or any political subdivision of the State (including the
City)—
(A) to exercise civil and criminal jurisdiction; or
(B) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary
of the Park.
(3) COOPERATIVE AGREEMENTS.—
(A) IN GENERAL.—As the Secretary determines to be
appropriate to carry out this section, the Secretary may
enter into cooperative agreements with the owner of the
Great Falls Visitor Center or any nationally significant
properties within the boundary of the Park under which
the Secretary may identify, interpret, restore, and provide
technical assistance for the preservation of the properties.
(B) RIGHT OF ACCESS.—A cooperative agreement
entered into under subparagraph (A) shall provide that
the Secretary, acting through the Director of the National
Park Service, shall have the right of access at all reasonable
times to all public portions of the property covered by
the agreement for the purposes of—
(i) conducting visitors through the properties; and
(ii) interpreting the properties for the public.
(C) CHANGES OR ALTERATIONS.—No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under subparagraph (A) unless
the Secretary and the other party to the agreement agree
to the changes or alterations.
(D) CONVERSION, USE, OR DISPOSAL.—Any payment
made by the Secretary under this paragraph shall be subject to an agreement that the conversion, use, or disposal
of a project for purposes contrary to the purposes of this
section, as determined by the Secretary, shall entitle the
United States to reimbursement in amount equal to the
greater of—
(i) the amounts made available to the project by
the United States; or
(ii) the portion of the increased value of the project
attributable to the amounts made available under this
paragraph, as determined at the time of the conversion,
use, or, disposal.
(E) MATCHING FUNDS.—
(i) IN GENERAL.—As a condition of the receipt of
funds under this paragraph, the Secretary shall require
that any Federal funds made available under a
cooperative agreement shall be matched on a 1-to1 basis by non-Federal funds.
(ii) FORM.—With the approval of the Secretary,
the non-Federal share required under clause (i) may
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be in the form of donated property, goods, or services
from a non-Federal source.
(4) ACQUISITION OF LAND.—
(A) IN GENERAL.—The Secretary may acquire land or
interests in land within the boundary of the Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange.
(B) DONATION OF STATE OWNED LAND.—Land or
interests in land owned by the State or any political subdivision of the State may only be acquired by donation.
(5) TECHNICAL ASSISTANCE AND PUBLIC INTERPRETATION.—
The Secretary may provide technical assistance and public
interpretation of related historic and cultural resources within
the boundary of the Historic District.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary, in consultation with the Commission,
shall complete a management plan for the Park in accordance
with—
(A) section 12(b) of Public Law 91–383 (commonly
known as the ‘‘National Park Service General Authorities
Act’’) (16 U.S.C. 1a–7(b)); and
(B) other applicable laws.
(2) COST SHARE.—The management plan shall include
provisions that identify costs to be shared by the Federal
Government, the State, and the City, and other public or private
entities or individuals for necessary capital improvements to,
and maintenance and operations of, the Park.
(3) SUBMISSION TO CONGRESS.—On completion of the
management plan, the Secretary shall submit the management
plan to—
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(e) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK
ADVISORY COMMISSION.—
(1) ESTABLISHMENT.—There is established a commission
to be known as the ‘‘Paterson Great Falls National Historical
Park Advisory Commission’’.
(2) DUTIES.—The duties of the Commission shall be to
advise the Secretary in the development and implementation
of the management plan.
(3) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall be composed
of 9 members, to be appointed by the Secretary, of whom—
(i) 4 members shall be appointed after consideration of recommendations submitted by the Governor
of the State;
(ii) 2 members shall be appointed after consideration of recommendations submitted by the City
Council of Paterson, New Jersey;
(iii) 1 member shall be appointed after consideration of recommendations submitted by the Board of
Chosen Freeholders of Passaic County, New Jersey;
and
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(iv) 2 members shall have experience with national
parks and historic preservation.
(B) INITIAL APPOINTMENTS.—The Secretary shall
appoint the initial members of the Commission not later
than the earlier of—
(i) the date that is 30 days after the date on
which the Secretary has received all of the recommendations for appointments under subparagraph
(A); or
(ii) the date that is 30 days after the Park is
established in accordance with subsection (b).
(4) TERM; VACANCIES.—
(A) TERM.—
(i) IN GENERAL.—A member shall be appointed
for a term of 3 years.
(ii) REAPPOINTMENT.—A member may be reappointed for not more than 1 additional term.
(B) VACANCIES.—A vacancy on the Commission shall
be filled in the same manner as the original appointment
was made.
(5) MEETINGS.—The Commission shall meet at the call
Deadline.
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of—
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(6) QUORUM.—A majority of the Commission shall constitute a quorum.
(7) CHAIRPERSON AND VICE CHAIRPERSON.—
(A) IN GENERAL.—The Commission shall select a Chairperson and Vice Chairperson from among the members
of the Commission.
(B) VICE CHAIRPERSON.—The Vice Chairperson shall
serve as Chairperson in the absence of the Chairperson.
(C) TERM.—A member may serve as Chairperson or
Vice Chairman for not more than 1 year in each office.
(8) COMMISSION PERSONNEL MATTERS.—
(A) COMPENSATION OF MEMBERS.—
(i) IN GENERAL.—Members of the Commission shall
serve without compensation.
(ii) TRAVEL EXPENSES.—Members of the Commission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from
the home or regular place of business of the member
in the performance of the duties of the Commission.
(B) STAFF.—
(i) IN GENERAL.—The Secretary shall provide the
Commission with any staff members and technical
assistance that the Secretary, after consultation with
the Commission, determines to be appropriate to
enable the Commission to carry out the duties of the
Commission.
(ii) DETAIL OF EMPLOYEES.—The Secretary may
accept the services of personnel detailed from—
(I) the State;
(II) any political subdivision of the State; or
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(III) any entity represented on the Commission.
(9) FACA NONAPPLICABILITY.—Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Commission.
(10) TERMINATION.—The Commission shall terminate 10
years after the date of enactment of this Act.
(f) STUDY OF HINCHLIFFE STADIUM.—
(1) IN GENERAL.—Not later than 3 fiscal years after the
date on which funds are made available to carry out this
section, the Secretary shall complete a study regarding the
preservation and interpretation of Hinchliffe Stadium, which
is listed on the National Register of Historic Places.
(2) INCLUSIONS.—The study shall include an assessment
of—
(A) the potential for listing the stadium as a National
Historic Landmark; and
(B) options for maintaining the historic integrity of
Hinchliffe Stadium.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
Deadline.
Arkansas.
16 USC 461 note.
SEC.
7002.
WILLIAM JEFFERSON CLINTON
NATIONAL HISTORIC SITE.
BIRTHPLACE
HOME
(a) ACQUISITION OF PROPERTY; ESTABLISHMENT OF HISTORIC
SITE.—Should the Secretary of the Interior acquire, by donation
only from the Clinton Birthplace Foundation, Inc., fee simple,
unencumbered title to the William Jefferson Clinton Birthplace
Home site located at 117 South Hervey Street, Hope, Arkansas,
71801, and to any personal property related to that site, the Secretary shall designate the William Jefferson Clinton Birthplace
Home site as a National Historic Site and unit of the National
Park System, to be known as the ‘‘President William Jefferson
Clinton Birthplace Home National Historic Site’’.
(b) APPLICABILITY OF OTHER LAWS.—The Secretary shall administer the President William Jefferson Clinton Birthplace Home
National Historic Site in accordance with the laws generally
applicable to national historic sites, including the Act entitled ‘‘An
Act to establish a National Park Service, and for other purposes’’,
approved August 25, 1916 (16 U.S.C. 1–4), and the Act entitled
‘‘An Act to provide for the preservation of historic American sites,
buildings, objects and antiquities of national significance, and for
other purposes’’, approved August 21, 1935 (16 U.S.C. 461 et seq.).
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Michigan.
16 USC 430vv.
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SEC. 7003. RIVER RAISIN NATIONAL BATTLEFIELD PARK.
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(a) ESTABLISHMENT.—
(1) IN GENERAL.—If Monroe County or Wayne County,
Michigan, or other willing landowners in either County offer
to donate to the United States land relating to the Battles
of the River Raisin on January 18 and 22, 1813, or the aftermath of the battles, the Secretary of the Interior (referred
to in this section as the ‘‘Secretary’’) shall accept the donated
land.
(2) DESIGNATION OF PARK.—On the acquisition of land
under paragraph (1) that is of sufficient acreage to permit
efficient administration, the Secretary shall designate the
acquired land as a unit of the National Park System, to be
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known as the ‘‘River Raisin National Battlefield Park’’ (referred
to in this section as the ‘‘Park’’).
(3) LEGAL DESCRIPTION.—
(A) IN GENERAL.—The Secretary shall prepare a legal
description of the land and interests in land designated
as the Park by paragraph (2).
(B) AVAILABILITY OF MAP AND LEGAL DESCRIPTION.—
A map with the legal description shall be on file and
available for public inspection in the appropriate offices
of the National Park Service.
(b) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall manage the Park
for the purpose of preserving and interpreting the Battles of
the River Raisin in accordance with the National Park Service
Organic Act (16 U.S.C. 1 et seq.) and the Act of August 21,
1935 (16 U.S.C. 461 et seq.).
(2) GENERAL MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 3 years after the
date on which funds are made available, the Secretary
shall complete a general management plan for the Park
that, among other things, defines the role and responsibility
of the Secretary with regard to the interpretation and
the preservation of the site.
(B) CONSULTATION.—The Secretary shall consult with
and solicit advice and recommendations from State, county,
local, and civic organizations and leaders, and other
interested parties in the preparation of the management
plan.
(C) INCLUSIONS.—The plan shall include—
(i) consideration of opportunities for involvement
by and support for the Park by State, county, and
local governmental entities and nonprofit organizations
and other interested parties; and
(ii) steps for the preservation of the resources of
the site and the costs associated with these efforts.
(D) SUBMISSION TO CONGRESS.—On the completion of
the general management plan, the Secretary shall submit
a copy of the plan to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(3) COOPERATIVE AGREEMENTS.—The Secretary may enter
into cooperative agreements with State, county, local, and civic
organizations to carry out this section.
(c) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Natural
Resources of the House a report describing the progress made
with respect to acquiring real property under this section and
designating the River Raisin National Battlefield Park.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
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PUBLIC LAW 111–11—MAR. 30, 2009
Subtitle B—Amendments to Existing Units
of the National Park System
SEC. 7101. FUNDING FOR KEWEENAW NATIONAL HISTORICAL PARK.
(a) ACQUISITION OF PROPERTY.—Section 4 of Public Law 102–
543 (16 U.S.C. 410yy–3) is amended by striking subsection (d).
(b) MATCHING FUNDS.—Section 8(b) of Public Law 102–543
(16 U.S.C. 410yy–7(b)) is amended by striking ‘‘$4’’ and inserting
‘‘$1’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of Public
Law 102–543 (16 U.S.C. 410yy–9) is amended—
(1) in subsection (a)—
(A) by striking ‘‘$25,000,000’’ and inserting
‘‘$50,000,000’’; and
(B)
by
striking
‘‘$3,000,000’’
and
inserting
‘‘$25,000,000’’; and
(2) in subsection (b), by striking ‘‘$100,000’’ and all that
follows through ‘‘those duties’’ and inserting ‘‘$250,000’’.
16 USC 461 note.
SEC. 7102. LOCATION OF VISITOR AND ADMINISTRATIVE FACILITIES
FOR WEIR FARM NATIONAL HISTORIC SITE.
Section 4(d) of the Weir Farm National Historic Site Establishment Act of 1990 (16 U.S.C. 461 note) is amended—
(1) in paragraph (1)(B), by striking ‘‘contiguous to’’ and
all that follows and inserting ‘‘within Fairfield County.’’;
(2) by amending paragraph (2) to read as follows:
‘‘(2) DEVELOPMENT.—
‘‘(A) MAINTAINING NATURAL CHARACTER.—The Secretary shall keep development of the property acquired
under paragraph (1) to a minimum so that the character
of the acquired property will be similar to the natural
and undeveloped landscape of the property described in
subsection (b).
‘‘(B) TREATMENT OF PREVIOUSLY DEVELOPED PROPERTY.—Nothing in subparagraph (A) shall either prevent
the Secretary from acquiring property under paragraph
(1) that, prior to the Secretary’s acquisition, was developed
in a manner inconsistent with subparagraph (A), or require
the Secretary to remediate such previously developed property to reflect the natural character described in subparagraph (A).’’; and
(3) in paragraph (3), in the matter preceding subparagraph
(A), by striking ‘‘the appropriate zoning authority’’ and all that
follows through ‘‘Wilton, Connecticut,’’ and inserting ‘‘the local
governmental entity that, in accordance with applicable State
law, has jurisdiction over any property acquired under paragraph (1)(A)’’.
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SEC. 7103. LITTLE RIVER CANYON NATIONAL PRESERVE BOUNDARY
EXPANSION.
Section 2 of the Little River Canyon National Preserve Act
of 1992 (16 U.S.C. 698q) is amended—
(1) in subsection (b)—
(A) by striking ‘‘The Preserve’’ and inserting the following:
‘‘(1) IN GENERAL.—The Preserve’’; and
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(B) by adding at the end the following:
‘‘(2) BOUNDARY EXPANSION.—The boundary of the Preserve
is modified to include the land depicted on the map entitled
‘Little River Canyon National Preserve Proposed Boundary’,
numbered 152/80,004, and dated December 2007.’’; and
(2) in subsection (c), by striking ‘‘map’’ and inserting
‘‘maps’’.
SEC.
7104.
HOPEWELL CULTURE NATIONAL
BOUNDARY EXPANSION.
HISTORICAL
PARK
Section 2 of the Act entitled ‘‘An Act to rename and expand
the boundaries of the Mound City Group National Monument in
Ohio’’, approved May 27, 1992 (106 Stat. 185), is amended—
(1) by striking ‘‘and’’ at the end of subsection (a)(3);
(2) by striking the period at the end of subsection (a)(4)
and inserting ‘‘; and’’;
(3) by adding after subsection (a)(4) the following new
paragraph:
‘‘(5) the map entitled ‘Hopewell Culture National Historical
Park, Ohio Proposed Boundary Adjustment’ numbered 353/
80,049 and dated June, 2006.’’; and
(4) by adding after subsection (d)(2) the following new
paragraph:
‘‘(3) The Secretary may acquire lands added by subsection
(a)(5) only from willing sellers.’’.
Ohio.
16 USC 410uu–1.
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SEC. 7105. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE
BOUNDARY ADJUSTMENT.
(a) IN GENERAL.—Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence
by striking ‘‘of approximately twenty thousand acres generally
depicted on the map entitled ‘Barataria Marsh Unit-Jean Lafitte
National Historical Park and Preserve’ numbered 90,000B and
dated April 1978,’’ and inserting ‘‘generally depicted on the map
entitled ‘Boundary Map, Barataria Preserve Unit, Jean Lafitte
National Historical Park and Preserve’, numbered 467/80100A, and
dated December 2007,’’.
(b) ACQUISITION OF LAND.—Section 902 of the National Parks
and Recreation Act of 1978 (16 U.S.C. 230a) is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) Within the’’ and all that follows
through the first sentence and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) BARATARIA PRESERVE UNIT.—
‘‘(A) IN GENERAL.—The Secretary may acquire any
land, water, and interests in land and water within the
Barataria Preserve Unit by donation, purchase with
donated or appropriated funds, transfer from any other
Federal agency, or exchange.
‘‘(B) LIMITATIONS.—
‘‘(i) IN GENERAL.—Any non-Federal land depicted
on the map described in section 901 as ‘Lands Proposed
for Addition’ may be acquired by the Secretary only
with the consent of the owner of the land.
‘‘(ii) BOUNDARY ADJUSTMENT.—On the date on
which the Secretary acquires a parcel of land described
in clause (i), the boundary of the Barataria Preserve
Unit shall be adjusted to reflect the acquisition.
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‘‘(iii) EASEMENTS.—To ensure adequate hurricane
protection of the communities located in the area, any
land identified on the map described in section 901
that is acquired or transferred shall be subject to any
easements that have been agreed to by the Secretary
and the Secretary of the Army.
‘‘(C) TRANSFER OF ADMINISTRATION JURISDICTION.—
Effective on the date of enactment of the Omnibus Public
Land Management Act of 2009, administrative jurisdiction
over any Federal land within the areas depicted on the
map described in section 901 as ‘Lands Proposed for Addition’ is transferred, without consideration, to the administrative jurisdiction of the National Park Service, to be
administered as part of the Barataria Preserve Unit.’’;
(B) in the second sentence, by striking ‘‘The Secretary
may also acquire by any of the foregoing methods’’ and
inserting the following:
‘‘(2) FRENCH QUARTER.—The Secretary may acquire by any
of the methods referred to in paragraph (1)(A)’’;
(C) in the third sentence, by striking ‘‘Lands, waters,
and interests therein’’ and inserting the following:
‘‘(3) ACQUISITION OF STATE LAND.—Land, water, and
interests in land and water’’; and
(D) in the fourth sentence, by striking ‘‘In acquiring’’
and inserting the following:
‘‘(4) ACQUISITION OF OIL AND GAS RIGHTS.—In acquiring’’;
(2) by striking subsections (b) through (f) and inserting
the following:
‘‘(b) RESOURCE PROTECTION.—With respect to the land, water,
and interests in land and water of the Barataria Preserve Unit,
the Secretary shall preserve and protect—
‘‘(1) fresh water drainage patterns;
‘‘(2) vegetative cover;
‘‘(3) the integrity of ecological and biological systems; and
‘‘(4) water and air quality.
‘‘(c) ADJACENT LAND.—With the consent of the owner and the
parish governing authority, the Secretary may—
‘‘(1) acquire land, water, and interests in land and water,
by any of the methods referred to in subsection (a)(1)(A)
(including use of appropriations from the Land and Water
Conservation Fund); and
‘‘(2) revise the boundaries of the Barataria Preserve Unit
to include adjacent land and water.’’; and
(3) by redesignating subsection (g) as subsection (d).
(c) DEFINITION OF IMPROVED PROPERTY.—Section 903 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 230b) is
amended in the fifth sentence by inserting ‘‘(or January 1, 2007,
for areas added to the park after that date)’’ after ‘‘January 1,
1977’’.
(d) HUNTING, FISHING, AND TRAPPING.—Section 905 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is
amended in the first sentence by striking ‘‘, except that within
the core area and on those lands acquired by the Secretary pursuant
to section 902(c) of this title, he’’ and inserting ‘‘on land, and
interests in land and water managed by the Secretary, except
that the Secretary’’.
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(e) ADMINISTRATION.—Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended—
(1) by striking the first sentence; and
(2) in the second sentence, by striking ‘‘Pending such
establishment and thereafter the’’ and inserting ‘‘The’’.
(f) REFERENCES IN LAW.—
(1) IN GENERAL.—Any reference in a law (including regulations), map, document, paper, or other record of the United
States—
(A) to the Barataria Marsh Unit shall be considered
to be a reference to the Barataria Preserve Unit; or
(B) to the Jean Lafitte National Historical Park shall
be considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(2) CONFORMING AMENDMENTS.—Title IX of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is
amended—
(A) by striking ‘‘Barataria Marsh Unit’’ each place it
appears and inserting ‘‘Barataria Preserve Unit’’; and
(B) by striking ‘‘Jean Lafitte National Historical Park’’
each place it appears and inserting ‘‘Jean Lafitte National
Historical Park and Preserve’’.
SEC. 7106. MINUTE MAN NATIONAL HISTORICAL PARK.
(a) DEFINITIONS.—In this section:
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Minute
Man National Historical Park Proposed Boundary’’, numbered
406/81001, and dated July 2007.
(2) PARK.—The term ‘‘Park’’ means the Minute Man
National Historical Park in the State of Massachusetts.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) MINUTE MAN NATIONAL HISTORICAL PARK.—
(1) BOUNDARY ADJUSTMENT.—
(A) IN GENERAL.—The boundary of the Park is modified
to include the area generally depicted on the map.
(B) AVAILABILITY OF MAP.—The map shall be on file
and available for inspection in the appropriate offices of
the National Park Service.
(2) ACQUISITION OF LAND.—The Secretary may acquire the
land or an interest in the land described in paragraph (1)(A)
by—
(A) purchase from willing sellers with donated or
appropriated funds;
(B) donation; or
(C) exchange.
(3) ADMINISTRATION OF LAND.—The Secretary shall administer the land added to the Park under paragraph (1)(A) in
accordance with applicable laws (including regulations).
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
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SEC. 7107. EVERGLADES NATIONAL PARK.
(a) INCLUSION OF TARPON BASIN PROPERTY.—
(1) DEFINITIONS.—In this subsection:
(A) HURRICANE HOLE.—The term ‘‘Hurricane Hole’’
means the natural salt-water body of water within the
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16 USC 230 note.
16 USC 230 note,
231, 231a, 231b.
16 USC 230b,
230d.
16 USC 230,
230a, 230h.
Massachusetts.
16 USC 410t
note.
Florida.
16 USC 410r–9.
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123 STAT. 1194
PUBLIC LAW 111–11—MAR. 30, 2009
Duesenbury Tracts of the eastern parcel of the Tarpon
Basin boundary adjustment and accessed by Duesenbury
Creek.
(B) MAP.—The term ‘‘map’’ means the map entitled
‘‘Proposed Tarpon Basin Boundary Revision’’, numbered
160/80,012, and dated May 2008.
(C) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(D) TARPON BASIN PROPERTY.—The term ‘‘Tarpon Basin
property’’ means land that—
(i) is comprised of approximately 600 acres of land
and water surrounding Hurricane Hole, as generally
depicted on the map; and
(ii) is located in South Key Largo.
(2) BOUNDARY REVISION.—
(A) IN GENERAL.—The boundary of the Everglades
National Park is adjusted to include the Tarpon Basin
property.
(B) ACQUISITION AUTHORITY.—The Secretary may
acquire from willing sellers by donation, purchase with
donated or appropriated funds, or exchange, land, water,
or interests in land and water, within the area depicted
on the map, to be added to Everglades National Park.
(C) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in the appropriate offices
of the National Park Service.
(D) ADMINISTRATION.—Land added to Everglades
National Park by this section shall be administered as
part of Everglades National Park in accordance with
applicable laws (including regulations).
(3) HURRICANE HOLE.—The Secretary may allow use of
Hurricane Hole by sailing vessels during emergencies, subject
to such terms and conditions as the Secretary determines to
be necessary.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry
out this subsection.
(b) LAND EXCHANGES.—
(1) DEFINITIONS.—In this subsection:
(A) COMPANY.—The term ‘‘Company’’ means Florida
Power & Light Company.
(B) FEDERAL LAND.—The term ‘‘Federal Land’’ means
the parcels of land that are—
(i) owned by the United States;
(ii) administered by the Secretary;
(iii) located within the National Park; and
(iv) generally depicted on the map as—
(I) Tract A, which is adjacent to the Tamiami
Trail, U.S. Rt. 41; and
(II) Tract B, which is located on the eastern
boundary of the National Park.
(C) MAP.—The term ‘‘map’’ means the map prepared
by the National Park Service, entitled ‘‘Proposed Land
Exchanges, Everglades National Park’’, numbered 160/
60411A, and dated September 2008.
(D) NATIONAL PARK.—The term ‘‘National Park’’ means
the Everglades National Park located in the State.
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123 STAT. 1195
(E) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means the land in the State that—
(i) is owned by the State, the specific area and
location of which shall be determined by the State;
or
(ii)(I) is owned by the Company;
(II) comprises approximately 320 acres; and
(III) is located within the East Everglades Acquisition Area, as generally depicted on the map as ‘‘Tract
D’’.
(F) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(G) STATE.—The term ‘‘State’’ means the State of
Florida and political subdivisions of the State, including
the South Florida Water Management District.
(2) LAND EXCHANGE WITH STATE.—
(A) IN GENERAL.—Subject to the provisions of this paragraph, if the State offers to convey to the Secretary all
right, title, and interest of the State in and to specific
parcels of non-Federal land, and the offer is acceptable
to the Secretary, the Secretary may, subject to valid
existing rights, accept the offer and convey to the State
all right, title, and interest of the United States in and
to the Federal land generally depicted on the map as ‘‘Tract
A’’.
(B) CONDITIONS.—The land exchange under subparagraph (A) shall be subject to such terms and conditions
as the Secretary may require.
(C) VALUATION.—
(i) IN GENERAL.—The values of the land involved
in the land exchange under subparagraph (A) shall
be equal.
(ii) EQUALIZATION.—If the values of the land are
not equal, the values may be equalized by donation,
payment using donated or appropriated funds, or the
conveyance of additional parcels of land.
(D) APPRAISALS.—Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and
the Uniform Standards of Professional Appraisal Practice.
(E) TECHNICAL CORRECTIONS.—Subject to the agreement of the State, the Secretary may make minor corrections to correct technical and clerical errors in the legal
descriptions of the Federal and non-Federal land and minor
adjustments to the boundaries of the Federal and nonFederal land.
(F) ADMINISTRATION OF LAND ACQUIRED BY SECRETARY.—Land acquired by the Secretary under subparagraph (A) shall—
(i) become part of the National Park; and
(ii) be administered in accordance with the laws
applicable to the National Park System.
(3) LAND EXCHANGE WITH COMPANY.—
(A) IN GENERAL.—Subject to the provisions of this paragraph, if the Company offers to convey to the Secretary
all right, title, and interest of the Company in and to
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the non-Federal land generally depicted on the map as
‘‘Tract D’’, and the offer is acceptable to the Secretary,
the Secretary may, subject to valid existing rights, accept
the offer and convey to the Company all right, title, and
interest of the United States in and to the Federal land
generally depicted on the map as ‘‘Tract B’’, along with
a perpetual easement on a corridor of land contiguous
to Tract B for the purpose of vegetation management.
(B) CONDITIONS.—The land exchange under subparagraph (A) shall be subject to such terms and conditions
as the Secretary may require.
(C) VALUATION.—
(i) IN GENERAL.—The values of the land involved
in the land exchange under subparagraph (A) shall
be equal unless the non-Federal land is of higher value
than the Federal land.
(ii) EQUALIZATION.—If the values of the land are
not equal, the values may be equalized by donation,
payment using donated or appropriated funds, or the
conveyance of additional parcels of land.
(D) APPRAISAL.—Before the exchange of land under
subparagraph (A), appraisals for the Federal and non-Federal land shall be conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and
the Uniform Standards of Professional Appraisal Practice.
(E) TECHNICAL CORRECTIONS.—Subject to the agreement of the Company, the Secretary may make minor
corrections to correct technical and clerical errors in the
legal descriptions of the Federal and non-Federal land and
minor adjustments to the boundaries of the Federal and
non-Federal land.
(F) ADMINISTRATION OF LAND ACQUIRED BY SECRETARY.—Land acquired by the Secretary under subparagraph (A) shall—
(i) become part of the National Park; and
(ii) be administered in accordance with the laws
applicable to the National Park System.
(4) MAP.—The map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.
(5) BOUNDARY REVISION.—On completion of the land
exchanges authorized by this subsection, the Secretary shall
adjust the boundary of the National Park accordingly, including
removing the land conveyed out of Federal ownership.
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Hawaii.
16 USC 410jj–4
note.
Ka ‘Ohana O
Kalaupapa.
Establishment.
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SEC. 7108. KALAUPAPA NATIONAL HISTORICAL PARK.
(a) IN GENERAL.—The Secretary of the Interior shall authorize
Ka ‘Ohana O Kalaupapa, a non-profit organization consisting of
patient residents at Kalaupapa National Historical Park, and their
family members and friends, to establish a memorial at a suitable
location or locations approved by the Secretary at Kalawao or
Kalaupapa within the boundaries of Kalaupapa National Historical
Park located on the island of Molokai, in the State of Hawaii,
to honor and perpetuate the memory of those individuals who
were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969.
(b) DESIGN.—
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(1) IN GENERAL.—The memorial authorized by subsection
(a) shall—
(A) display in an appropriate manner the names of
the first 5,000 individuals sent to the Kalaupapa Peninsula
between 1866 and 1896, most of whom lived at Kalawao;
and
(B) display in an appropriate manner the names of
the approximately 3,000 individuals who arrived at
Kalaupapa in the second part of its history, when most
of the community was concentrated on the Kalaupapa side
of the peninsula.
(2) APPROVAL.—The location, size, design, and inscriptions
of the memorial authorized by subsection (a) shall be subject
to the approval of the Secretary of the Interior.
(c) FUNDING.—Ka ‘Ohana O Kalaupapa, a nonprofit organization, shall be solely responsible for acceptance of contributions
for and payment of the expenses associated with the establishment
of the memorial.
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SEC. 7109. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
Massachusetts.
(a) COOPERATIVE AGREEMENTS.—Section 1029(d) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(d)) is amended by striking paragraph (3) and inserting
the following:
‘‘(3) AGREEMENTS.—
‘‘(A) DEFINITION OF ELIGIBLE ENTITY.—In this paragraph, the term ‘eligible entity’ means—
‘‘(i) the Commonwealth of Massachusetts;
‘‘(ii) a political subdivision of the Commonwealth
of Massachusetts; or
‘‘(iii) any other entity that is a member of the
Boston Harbor Islands Partnership described in subsection (e)(2).
‘‘(B) AUTHORITY OF SECRETARY.—Subject to subparagraph (C), the Secretary may consult with an eligible entity
on, and enter into with the eligible entity—
‘‘(i) a cooperative management agreement to
acquire from, and provide to, the eligible entity goods
and services for the cooperative management of land
within the recreation area; and
‘‘(ii) notwithstanding section 6305 of title 31,
United States Code, a cooperative agreement for the
construction of recreation area facilities on land owned
by an eligible entity for purposes consistent with the
management plan under subsection (f).
‘‘(C) CONDITIONS.—The Secretary may enter into an
agreement with an eligible entity under subparagraph (B)
only if the Secretary determines that—
‘‘(i) appropriations for carrying out the purposes
of the agreement are available; and
‘‘(ii) the agreement is in the best interests of the
United States.’’.
(b) TECHNICAL AMENDMENTS.—
(1) MEMBERSHIP.—Section 1029(e)(2)(B) of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(e)(2)(B)) is amended by striking ‘‘Coast Guard’’ and
inserting ‘‘Coast Guard.’’.
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PUBLIC LAW 111–11—MAR. 30, 2009
(2) DONATIONS.—Section 1029(e)(11) of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C.
460kkk(e)(11)) is amended by striking ‘‘Nothwithstanding’’ and
inserting ‘‘Notwithstanding’’.
SEC. 7110. THOMAS EDISON NATIONAL HISTORICAL PARK, NEW
JERSEY.
16 USC
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16 USC 431 note.
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(a) PURPOSES.—The purposes of this section are—
(1) to recognize and pay tribute to Thomas Alva Edison
and his innovations; and
(2) to preserve, protect, restore, and enhance the Edison
National Historic Site to ensure public use and enjoyment
of the Site as an educational, scientific, and cultural center.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—There is established the Thomas Edison
National Historical Park as a unit of the National Park System
(referred to in this section as the ‘‘Historical Park’’).
(2) BOUNDARIES.—The Historical Park shall be comprised
of all property owned by the United States in the Edison
National Historic Site as well as all property authorized to
be acquired by the Secretary of the Interior (referred to in
this section as the ‘‘Secretary’’) for inclusion in the Edison
National Historic Site before the date of the enactment of
this Act, as generally depicted on the map entitled the ‘‘Thomas
Edison National Historical Park’’, numbered 403/80,000, and
dated April 2008.
(3) MAP.—The map of the Historical Park shall be on
file and available for public inspection in the appropriate offices
of the National Park Service.
(c) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary shall administer the
Historical Park in accordance with this section and with the
provisions of law generally applicable to units of the National
Park System, including the Acts entitled ‘‘An Act to establish
a National Park Service, and for other purposes,’’ approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and ‘‘An
Act to provide for the preservation of historic American sites,
buildings, objects, and antiquities of national significance, and
for other purposes,’’ approved August 21, 1935 (16 U.S.C. 461
et seq.).
(2) ACQUISITION OF PROPERTY.—
(A) REAL PROPERTY.—The Secretary may acquire land
or interests in land within the boundaries of the Historical
Park, from willing sellers only, by donation, purchase with
donated or appropriated funds, or exchange.
(B) PERSONAL PROPERTY.—The Secretary may acquire
personal property associated with, and appropriate for,
interpretation of the Historical Park.
(3) COOPERATIVE AGREEMENTS.—The Secretary may consult
and enter into cooperative agreements with interested entities
and individuals to provide for the preservation, development,
interpretation, and use of the Historical Park.
(4) REPEAL OF SUPERSEDED LAW.—Public Law 87–628 (76
Stat. 428), regarding the establishment and administration of
the Edison National Historic Site, is repealed.
(5) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
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‘‘Edison National Historic Site’’ shall be deemed to be a reference to the ‘‘Thomas Edison National Historical Park’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 7111. WOMEN’S RIGHTS NATIONAL HISTORICAL PARK.
(a) VOTES FOR WOMEN TRAIL.—Title XVI of Public Law 96–
607 (16 U.S.C. 410ll) is amended by adding at the end the following:
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‘‘SEC. 1602. VOTES FOR WOMEN TRAIL.
16 USC 410ll–1.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PARK.—The term ‘Park’ means the Women’s Rights
National Historical Park established by section 1601.
‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Interior, acting through the Director of the National
Park Service.
‘‘(3) STATE.—The term ‘State’ means the State of New
York.
‘‘(4) TRAIL.—The term ‘Trail’ means the Votes for Women
History Trail Route designated under subsection (b).
‘‘(b) ESTABLISHMENT OF TRAIL ROUTE.—The Secretary, with
concurrence of the agency having jurisdiction over the relevant
roads, may designate a vehicular tour route, to be known as the
‘Votes for Women History Trail Route’, to link properties in the
State that are historically and thematically associated with the
struggle for women’s suffrage in the United States.
‘‘(c) ADMINISTRATION.—The Trail shall be administered by the
National Park Service through the Park.
‘‘(d) ACTIVITIES.—To facilitate the establishment of the Trail
and the dissemination of information regarding the Trail, the Secretary shall—
‘‘(1) produce and disseminate appropriate educational materials regarding the Trail, such as handbooks, maps, exhibits,
signs, interpretive guides, and electronic information;
‘‘(2) coordinate the management, planning, and standards
of the Trail in partnership with participating properties, other
Federal agencies, and State and local governments;
‘‘(3) create and adopt an official, uniform symbol or device
to mark the Trail; and
‘‘(4) issue guidelines for the use of the symbol or device
adopted under paragraph (3).
‘‘(e) ELEMENTS OF TRAIL ROUTE.—Subject to the consent of
the owner of the property, the Secretary may designate as an
official stop on the Trail—
‘‘(1) all units and programs of the Park relating to the
struggle for women’s suffrage;
‘‘(2) other Federal, State, local, and privately owned properties that the Secretary determines have a verifiable connection to the struggle for women’s suffrage; and
‘‘(3) other governmental and nongovernmental facilities and
programs of an educational, commemorative, research, or
interpretive nature that the Secretary determines to be directly
related to the struggle for women’s suffrage.
‘‘(f) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.—
‘‘(1) IN GENERAL.—To facilitate the establishment of the
Trail and to ensure effective coordination of the Federal and
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non-Federal properties designated as stops along the Trail,
the Secretary may enter into cooperative agreements and
memoranda of understanding with, and provide technical and
financial assistance to, other Federal agencies, the State, localities, regional governmental bodies, and private entities.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary such sums as
are necessary for the period of fiscal years 2009 through 2013
to provide financial assistance to cooperating entities pursuant
to agreements or memoranda entered into under paragraph
(1).’’.
(b) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT NATIONAL
REGISTRY.—
(1) IN GENERAL.—The Secretary of the Interior (referred
to in this section as the ‘‘Secretary’’) may make annual grants
to State historic preservation offices for not more than 5 years
to assist the State historic preservation offices in surveying,
evaluating, and nominating to the National Register of Historic
Places women’s rights history properties.
(2) ELIGIBILITY.—In making grants under paragraph (1),
the Secretary shall give priority to grants relating to properties
associated with the multiple facets of the women’s rights movement, such as politics, economics, education, religion, and social
and family rights.
(3) UPDATES.—The Secretary shall ensure that the National
Register travel itinerary website entitled ‘‘Places Where Women
Made History’’ is updated to contain—
(A) the results of the inventory conducted under paragraph (1); and
(B) any links to websites related to places on the
inventory.
(4) COST-SHARING REQUIREMENT.—The Federal share of the
cost of any activity carried out using any assistance made
available under this subsection shall be 50 percent.
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $1,000,000 for each of fiscal years 2009 through
2013.
(c) NATIONAL WOMEN’S RIGHTS HISTORY PROJECT PARTNERSHIPS
NETWORK.—
(1) GRANTS.—The Secretary may make matching grants
and give technical assistance for development of a network
of governmental and nongovernmental entities (referred to in
this subsection as the ‘‘network’’), the purpose of which is
to provide interpretive and educational program development
of national women’s rights history, including historic preservation.
(2) MANAGEMENT OF NETWORK.—
(A) IN GENERAL.—The Secretary shall, through a
competitive process, designate a nongovernmental managing network to manage the network.
(B) COORDINATION.—The nongovernmental managing
entity designated under subparagraph (A) shall work in
partnership with the Director of the National Park Service
and State historic preservation offices to coordinate operation of the network.
(3) COST-SHARING REQUIREMENT.—
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(A) IN GENERAL.—The Federal share of the cost of
any activity carried out using any assistance made available under this subsection shall be 50 percent.
(B) STATE HISTORIC PRESERVATION OFFICES.—Matching
grants for historic preservation specific to the network may
be made available through State historic preservation
offices.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $1,000,000 for each of fiscal years 2009 through
2013.
SEC. 7112. MARTIN VAN BUREN NATIONAL HISTORIC SITE.
(a) DEFINITIONS.—In this section:
(1) HISTORIC SITE.—The term ‘‘historic site’’ means the
Martin Van Buren National Historic Site in the State of New
York established by Public Law 93–486 (16 U.S.C. 461 note)
on October 26, 1974.
(2) MAP.—The term ‘‘map’’ means the map entitled
‘‘Boundary Map, Martin Van Buren National Historic Site’’,
numbered ‘‘460/80801’’, and dated January 2005.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) BOUNDARY ADJUSTMENTS TO THE HISTORIC SITE.—
(1) BOUNDARY ADJUSTMENT.—The boundary of the historic
site is adjusted to include approximately 261 acres of land
identified as the ‘‘PROPOSED PARK BOUNDARY’’, as generally depicted on the map.
(2) ACQUISITION AUTHORITY.—The Secretary may acquire
the land and any interests in the land described in paragraph
(1) from willing sellers by donation, purchase with donated
or appropriated funds, or exchange.
(3) AVAILABILITY OF MAP.—The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(4) ADMINISTRATION.—Land acquired for the historic site
under this section shall be administered as part of the historic
site in accordance with applicable law (including regulations).
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 7113. PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK.
(a) DESIGNATION OF PALO ALTO BATTLEFIELD NATIONAL HISTORPARK.—
(1) IN GENERAL.—The Palo Alto Battlefield National Historic Site shall be known and designated as the ‘‘Palo Alto
Battlefield National Historical Park’’.
(2) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
historic site referred to in subsection (a) shall be deemed to
be a reference to the Palo Alto Battlefield National Historical
Park.
(3) CONFORMING AMENDMENTS.—The Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 461 note; Public
Law 102–304) is amended—
(A) by striking ‘‘National Historic Site’’ each place it
appears and inserting ‘‘National Historical Park’’;
New York.
16 USC 461 note.
Texas.
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(B) in the heading for section 3, by striking ‘‘NATIONAL
and inserting ‘‘NATIONAL HISTORICAL
HISTORIC SITE’’
PARK’’; and
(C) by striking ‘‘historic site’’ each place it appears
and inserting ‘‘historical park’’.
(b) BOUNDARY EXPANSION, PALO ALTO BATTLEFIELD NATIONAL
HISTORICAL PARK, TEXAS.—Section 3(b) of the Palo Alto Battlefield
National Historic Site Act of 1991 (16 U.S.C. 461 note; Public
Law 102–304) (as amended by subsection (a)) is amended—
(1) in paragraph (1), by striking ‘‘(1) The historical park’’
and inserting the following:
‘‘(1) IN GENERAL.—The historical park’’;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
‘‘(2) ADDITIONAL LAND.—
‘‘(A) IN GENERAL.—In addition to the land described
in paragraph (1), the historical park shall consist of
approximately 34 acres of land, as generally depicted on
the map entitled ‘Palo Alto Battlefield NHS Proposed
Boundary Expansion’, numbered 469/80,012, and dated
May 21, 2008.
‘‘(B) AVAILABILITY OF MAP.—The map described in
subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the National Park
Service.’’; and
(4) in paragraph (3) (as redesignated by paragraph (2))—
(A) by striking ‘‘(3) Within’’ and inserting the following:
‘‘(3) LEGAL DESCRIPTION.—Not later than’’; and
(B) in the second sentence, by striking ‘‘map referred
to in paragraph (1)’’ and inserting ‘‘maps referred to in
paragraphs (1) and (2)’’.
Kentucky.
16 USC 217b.
SEC. 7114. ABRAHAM LINCOLN BIRTHPLACE NATIONAL HISTORICAL
PARK.
(a) DESIGNATION.—The Abraham Lincoln Birthplace National
Historic Site in the State of Kentucky shall be known and designated as the ‘‘Abraham Lincoln Birthplace National Historical
Park’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Abraham Lincoln Birthplace National Historic Site shall be deemed
to be a reference to the ‘‘Abraham Lincoln Birthplace National
Historical Park’’.
SEC. 7115. NEW RIVER GORGE NATIONAL RIVER.
Section 1106 of the National Parks and Recreation Act of 1978
(16 U.S.C. 460m–20) is amended in the first sentence by striking
‘‘may’’ and inserting ‘‘shall’’.
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SEC. 7116. TECHNICAL CORRECTIONS.
(a) GAYLORD NELSON WILDERNESS.—
(1) REDESIGNATION.—Section 140 of division E of the
Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note;
Public Law 108–447), is amended—
(A) in subsection (a), by striking ‘‘Gaylord A. Nelson’’
and inserting ‘‘Gaylord Nelson’’; and
(B) in subsection (c)(4), by striking ‘‘Gaylord A. Nelson
Wilderness’’ and inserting ‘‘Gaylord Nelson Wilderness’’.
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(2) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
‘‘Gaylord A. Nelson Wilderness’’ shall be deemed to be a reference to the ‘‘Gaylord Nelson Wilderness’’.
(b) ARLINGTON HOUSE LAND TRANSFER.—Section 2863(h)(1) of
Public Law 107–107 (115 Stat. 1333) is amended by striking ‘‘the
George Washington Memorial Parkway’’ and inserting ‘‘Arlington
House, The Robert E. Lee Memorial,’’.
(c) CUMBERLAND ISLAND WILDERNESS.—Section 2(a)(1) of Public
Law 97–250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by
striking ‘‘numbered 640/20,038I, and dated September 2004’’ and
inserting ‘‘numbered 640/20,038K, and dated September 2005’’.
(d) PETRIFIED FOREST BOUNDARY.—Section 2(1) of the Petrified
Forest National Park Expansion Act of 2004 (16 U.S.C. 119 note;
Public Law 108–430) is amended by striking ‘‘numbered 110/80,044,
and dated July 2004’’ and inserting ‘‘numbered 110/80,045, and
dated January 2005’’.
(e) COMMEMORATIVE WORKS ACT.—Chapter 89 of title 40,
United States Code, is amended—
(1) in section 8903(d), by inserting ‘‘Natural’’ before
‘‘Resources’’;
(2) in section 8904(b), by inserting ‘‘Advisory’’ before
‘‘Commission’’; and
(3) in section 8908(b)(1)—
(A) in the first sentence, by inserting ‘‘Advisory’’ before
‘‘Commission’’; and
(B) in the second sentence, by striking ‘‘House Administration’’ and inserting ‘‘Natural Resources’’.
(f) CAPTAIN JOHN SMITH CHESAPEAKE NATIONAL HISTORIC
TRAIL.—Section 5(a)(25)(A) of the National Trails System Act (16
U.S.C. 1244(a)(25)(A)) is amended by striking ‘‘The John Smith’’
and inserting ‘‘The Captain John Smith’’.
(g) DELAWARE NATIONAL COASTAL SPECIAL RESOURCE STUDY.—
Section 604 of the Delaware National Coastal Special Resources
Study Act (Public Law 109–338; 120 Stat. 1856) is amended by
striking ‘‘under section 605’’.
(h) USE OF RECREATION FEES.—Section 808(a)(1)(F) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807(a)(1)(F))
is amended by striking ‘‘section 6(a)’’ and inserting ‘‘section 806(a)’’.
(i) CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL
HERITAGE AREA.—Section 297F(b)(2)(A) of the Crossroads of the
American Revolution National Heritage Area Act of 2006 (Public
Law 109–338; 120 Stat. 1844) is amended by inserting ‘‘duties’’
before ‘‘of the’’.
(j) CUYAHOGA VALLEY NATIONAL PARK.—Section 474(12) of the
Consolidated Natural Resources Act of 2008 (Public Law 1110–
229; 122 Stat. 827) is amended by striking ‘‘Cayohoga’’ each place
it appears and inserting ‘‘Cuyahoga’’.
(k) PENNSYLVANIA AVENUE NATIONAL HISTORIC SITE.—
(1) NAME ON MAP.—Section 313(d)(1)(B) of the Department
of the Interior and Related Agencies Appropriations Act, 1996
(Public Law 104–134; 110 Stat. 1321–199; 40 U.S.C. 872 note)
is amended by striking ‘‘map entitled ‘Pennsylvania Avenue
National Historic Park’, dated June 1, 1995, and numbered
840–82441’’ and inserting ‘‘map entitled ‘Pennsylvania Avenue
National Historic Site’, dated August 25, 2008, and numbered
840–82441B’’.
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(2) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Pennsylvania Avenue National Historic Park shall be deemed
to be a reference to the ‘‘Pennsylvania Avenue National Historic
Site’’.
16 USC 6702
note.
SEC. 7117. DAYTON AVIATION HERITAGE NATIONAL HISTORICAL PARK,
OHIO.
16 USC 410ww.
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(a) ADDITIONAL AREAS INCLUDED IN PARK.—Section 101 of the
Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C.
410ww, et seq.) is amended by adding at the end the following:
‘‘(c) ADDITIONAL SITES.—In addition to the sites described in
subsection (b), the park shall consist of the following sites, as
generally depicted on a map titled ‘Dayton Aviation Heritage
National Historical Park’, numbered 362/80,013 and dated May
2008:
‘‘(1) Hawthorn Hill, Oakwood, Ohio.
‘‘(2) The Wright Company factory and associated land and
buildings, Dayton, Ohio.’’.
(b) PROTECTION OF HISTORIC PROPERTIES.—Section 102 of the
Dayton Aviation Heritage Preservation Act of 1992 (16 U.S.C.
410ww–1) is amended—
(1) in subsection (a), by inserting ‘‘Hawthorn Hill, the
Wright Company factory,’’ after ‘‘, acquire’’;
(2) in subsection (b), by striking ‘‘Such agreements’’ and
inserting:
‘‘(d) CONDITIONS.—Cooperative agreements under this section’’;
(3) by inserting before subsection (d) (as added by paragraph 2) the following:
‘‘(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized
to enter into a cooperative agreement with a partner or partners,
including the Wright Family Foundation, to operate and provide
programming for Hawthorn Hill and charge reasonable fees notwithstanding any other provision of law, which may be used to
defray the costs of park operation and programming.’’; and
(4) by striking ‘‘Commission’’ and inserting ‘‘Aviation Heritage Foundation’’.
(c) GRANT ASSISTANCE.—The Dayton Aviation Heritage
Preservation Act of 1992, is amended—
(1) by redesignating subsection (b) of section 108 as subsection (c); and
(2) by inserting after subsection (a) of section 108 the
following new subsection:
‘‘(b) GRANT ASSISTANCE.—The Secretary is authorized to make
grants to the parks’ partners, including the Aviation Trail, Inc.,
the Ohio Historical Society, and Dayton History, for projects not
requiring Federal involvement other than providing financial assistance, subject to the availability of appropriations in advance identifying the specific partner grantee and the specific project. Projects
funded through these grants shall be limited to construction and
development on non-Federal property within the boundaries of the
park. Any project funded by such a grant shall support the purposes
of the park, shall be consistent with the park’s general management
plan, and shall enhance public use and enjoyment of the park.’’.
(d) NATIONAL AVIATION HERITAGE AREA.—Title V of division
J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 461
note; Public Law 108–447), is amended—
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(1) in section 503(3), by striking ‘‘104’’ and inserting ‘‘504’’;
(2) in section 503(4), by striking ‘‘106’’ and inserting ‘‘506’’;
(3) in section 504, by striking subsection (b)(2) and by
redesignating subsection (b)(3) as subsection (b)(2); and
(4) in section 505(b)(1), by striking ‘‘106’’ and inserting
‘‘506’’.
SEC. 7118. FORT DAVIS NATIONAL HISTORIC SITE.
Public Law 87–213 (16 U.S.C. 461 note) is amended as follows:
(1) In the first section—
(A) by striking ‘‘the Secretary of the Interior’’ and
inserting ‘‘(a) The Secretary of the Interior’’;
(B) by striking ‘‘476 acres’’ and inserting ‘‘646 acres’’;
and
(C) by adding at the end the following:
‘‘(b) The Secretary may acquire from willing sellers land comprising approximately 55 acres, as depicted on the map titled ‘Fort
Davis Proposed Boundary Expansion’, numbered 418/80,045, and
dated April 2008. The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
Upon acquisition of the land, the land shall be incorporated into
the Fort Davis National Historic Site.’’.
(2) By repealing section 3.
Subtitle C—Special Resource Studies
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SEC. 7201. WALNUT CANYON STUDY.
(a) DEFINITIONS.—In this section:
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Walnut
Canyon Proposed Study Area’’ and dated July 17, 2007.
(2) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture, acting
jointly.
(3) STUDY AREA.—The term ‘‘study area’’ means the area
identified on the map as the ‘‘Walnut Canyon Proposed Study
Area’’.
(b) STUDY.—
(1) IN GENERAL.—The Secretaries shall conduct a study
of the study area to assess—
(A) the suitability and feasibility of designating all
or part of the study area as an addition to Walnut Canyon
National Monument, in accordance with section 8(c) of
Public Law 91–383 (16 U.S.C. 1a–5(c));
(B) continued management of the study area by the
Forest Service; or
(C) any other designation or management option that
would provide for—
(i) protection of resources within the study area;
and
(ii) continued access to, and use of, the study area
by the public.
(2) CONSULTATION.—The Secretaries shall provide for
public comment in the preparation of the study, including consultation with appropriate Federal, State, and local governmental entities.
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(3) REPORT.—Not later than 18 months after the date on
which funds are made available to carry out this section, the
Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes—
(A) the results of the study; and
(B) any recommendations of the Secretaries.
(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry
out this section.
SEC. 7202. TULE LAKE SEGREGATION CENTER, CALIFORNIA.
(a) STUDY.—
(1) IN GENERAL.—The Secretary of the Interior (referred
to in this section as the ‘‘Secretary’’) shall conduct a special
resource study of the Tule Lake Segregation Center to determine the national significance of the site and the suitability
and feasibility of including the site in the National Park
System.
(2) STUDY GUIDELINES.—The study shall be conducted in
accordance with the criteria for the study of areas for potential
inclusion in the National Park System under section 8 of Public
Law 91–383 (16 U.S.C. 1a–5).
(3) CONSULTATION.—In conducting the study, the Secretary
shall consult with—
(A) Modoc County;
(B) the State of California;
(C) appropriate Federal agencies;
(D) tribal and local government entities;
(E) private and nonprofit organizations; and
(F) private landowners.
(4) SCOPE OF STUDY.—The study shall include an evaluation
of—
(A) the significance of the site as a part of the history
of World War II;
(B) the significance of the site as the site relates to
other war relocation centers;.
(C) the historical resources of the site, including the
stockade, that are intact and in place;
(D) the contributions made by the local agricultural
community to the World War II effort; and
(E) the potential impact of designation of the site as
a unit of the National Park System on private landowners.
(b) REPORT.—Not later than 3 years after the date on which
funds are made available to conduct the study required under
this section, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report describing
the findings, conclusions, and recommendations of the study.
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Virgin Islands.
SEC. 7203. ESTATE GRANGE, ST. CROIX.
(a) STUDY.—
(1) IN GENERAL.—The Secretary of the Interior (referred
to in this section as the ‘‘Secretary’’), in consultation with
the Governor of the Virgin Islands, shall conduct a special
resource study of Estate Grange and other sites and resources
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associated with Alexander Hamilton’s life on St. Croix in the
United States Virgin Islands.
(2) CONTENTS.—In conducting the study under paragraph
(1), the Secretary shall evaluate—
(A) the national significance of the sites and resources;
and
(B) the suitability and feasibility of designating the
sites and resources as a unit of the National Park System.
(3) CRITERIA.—The criteria for the study of areas for potential inclusion in the National Park System contained in section
8 of Public Law 91–383 (16 U.S.C. 1a–5) shall apply to the
study under paragraph (1).
(4) REPORT.—Not later than 3 years after the date on
which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
a report containing—
(A) the results of the study; and
(B) any findings, conclusions, and recommendations
of the Secretary.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
Evaluation.
Applicability.
SEC. 7204. HARRIET BEECHER STOWE HOUSE, MAINE.
(a) STUDY.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to carry out this section,
the Secretary of the Interior (referred to in this section as
the ‘‘Secretary’’) shall complete a special resource study of the
Harriet Beecher Stowe House in Brunswick, Maine, to
evaluate—
(A) the national significance of the Harriet Beecher
Stowe House and surrounding land; and
(B) the suitability and feasibility of designating the
Harriet Beecher Stowe House and surrounding land as
a unit of the National Park System.
(2) STUDY GUIDELINES.—In conducting the study authorized
under paragraph (1), the Secretary shall use the criteria for
the study of areas for potential inclusion in the National Park
System contained in section 8(c) of Public Law 91–383 (16
U.S.C. 1a–5(c)).
(b) REPORT.—On completion of the study required under subsection (a), the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report containing the
findings, conclusions, and recommendations of the study.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
Deadline.
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SEC. 7205. SHEPHERDSTOWN BATTLEFIELD, WEST VIRGINIA.
(a) SPECIAL RESOURCES STUDY.—The Secretary of the Interior
(referred to in this section as the ‘‘Secretary’’) shall conduct a
special resource study relating to the Battle of Shepherdstown
in Shepherdstown, West Virginia, to evaluate—
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(1) the national significance of the Shepherdstown battlefield and sites relating to the Shepherdstown battlefield; and
(2) the suitability and feasibility of adding the
Shepherdstown battlefield and sites relating to the
Shepherdstown battlefield as part of—
(A) Harpers Ferry National Historical Park; or
(B) Antietam National Battlefield.
(b) CRITERIA.—In conducting the study authorized under subsection (a), the Secretary shall use the criteria for the study of
areas for potential inclusion in the National Park System contained
in section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)).
(c) REPORT.—Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives a report containing the findings, conclusions, and recommendations of the study conducted under subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 7206. GREEN MCADOO SCHOOL, TENNESSEE.
(a) IN GENERAL.—The Secretary of the Interior (referred to
in this section as the ‘‘Secretary’’) shall conduct a special resource
study of the site of Green McAdoo School in Clinton, Tennessee,
(referred to in this section as the ‘‘site’’) to evaluate—
(1) the national significance of the site; and
(2) the suitability and feasibility of designating the site
as a unit of the National Park System.
(b) CRITERIA.—In conducting the study under subsection (a),
the Secretary shall use the criteria for the study of areas for
potential inclusion in the National Park System under section 8(c)
of Public Law 91–383 (16 U.S.C. 1a–5(c)).
(c) CONTENTS.—The study authorized by this section shall—
(1) determine the suitability and feasibility of designating
the site as a unit of the National Park System;
(2) include cost estimates for any necessary acquisition,
development, operation, and maintenance of the site; and
(3) identify alternatives for the management, administration, and protection of the site.
(d) REPORT.—Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes—
(1) the findings and conclusions of the study; and
(2) any recommendations of the Secretary.
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SEC. 7207. HARRY S TRUMAN BIRTHPLACE, MISSOURI.
(a) IN GENERAL.—The Secretary of the Interior (referred to
in this section as the ‘‘Secretary’’) shall conduct a special resource
study of the Harry S Truman Birthplace State Historic Site
(referred to in this section as the ‘‘birthplace site’’) in Lamar,
Missouri, to determine—
(1) the suitability and feasibility of—
(A) adding the birthplace site to the Harry S Truman
National Historic Site; or
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(B) designating the birthplace site as a separate unit
of the National Park System; and
(2) the methods and means for the protection and
interpretation of the birthplace site by the National Park
Service, other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) STUDY REQUIREMENTS.—The Secretary shall conduct the
study required under subsection (a) in accordance with section
8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)).
(c) REPORT.—Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing—
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect
to the birthplace site.
SEC. 7208. BATTLE OF MATEWAN SPECIAL RESOURCE STUDY.
West Virginia.
(a) IN GENERAL.—The Secretary of the Interior (referred to
in this section as the ‘‘Secretary’’) shall conduct a special resource
study of the sites and resources at Matewan, West Virginia, associated with the Battle of Matewan (also known as the ‘‘Matewan
Massacre’’) of May 19, 1920, to determine—
(1) the suitability and feasibility of designating certain
historic areas of Matewan, West Virginia, as a unit of the
National Park System; and
(2) the methods and means for the protection and
interpretation of the historic areas by the National Park
Service, other Federal, State, or local government entities, or
private or nonprofit organizations.
(b) STUDY REQUIREMENTS.—The Secretary shall conduct the
study required under subsection (a) in accordance with section
8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)).
(c) REPORT.—Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing—
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect
to the historic areas.
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SEC. 7209. BUTTERFIELD OVERLAND TRAIL.
(a) IN GENERAL.—The Secretary of the Interior (referred to
in this section as the ‘‘Secretary’’) shall conduct a special resource
study along the route known as the ‘‘Ox-Bow Route’’ of the
Butterfield Overland Trail (referred to in this section as the ‘‘route’’)
in the States of Missouri, Tennessee, Arkansas, Oklahoma, Texas,
New Mexico, Arizona, and California to evaluate—
(1) a range of alternatives for protecting and interpreting
the resources of the route, including alternatives for potential
addition of the Trail to the National Trails System; and
(2) the methods and means for the protection and
interpretation of the route by the National Park Service, other
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Federal, State, or local government entities, or private or nonprofit organizations.
(b) STUDY REQUIREMENTS.—The Secretary shall conduct the
study required under subsection (a) in accordance with section
8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) or section 5(b) of
the National Trails System Act (16 U.S.C. 1244(b)), as appropriate.
(c) REPORT.—Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing—
(1) the results of the study conducted under subsection
(a); and
(2) any recommendations of the Secretary with respect
to the route.
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16 USC 1a–5
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SEC. 7210. COLD WAR SITES THEME STUDY.
(a) DEFINITIONS.—
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the Cold War Advisory Committee established under
subsection (c).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) THEME STUDY.—The term ‘‘theme study’’ means the
national historic landmark theme study conducted under subsection (b)(1).
(b) COLD WAR THEME STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a national
historic landmark theme study to identify sites and resources
in the United States that are significant to the Cold War.
(2) RESOURCES.—In conducting the theme study, the Secretary shall consider—
(A) the inventory of sites and resources associated with
the Cold War completed by the Secretary of Defense under
section 8120(b)(9) of the Department of Defense Appropriations Act, 1991 (Public Law 101–511; 104 Stat. 1906); and
(B) historical studies and research of Cold War sites
and resources, including—
(i) intercontinental ballistic missiles;
(ii) flight training centers;
(iii) manufacturing facilities;
(iv) communications and command centers (such
as Cheyenne Mountain, Colorado);
(v) defensive radar networks (such as the Distant
Early Warning Line);
(vi) nuclear weapons test sites (such as the Nevada
test site); and
(vii) strategic and tactical aircraft.
(3) CONTENTS.—The theme study shall include—
(A) recommendations for commemorating and interpreting sites and resources identified by the theme study,
including—
(i) sites for which studies for potential inclusion
in the National Park System should be authorized;
(ii) sites for which new national historic landmarks
should be nominated; and
(iii) other appropriate designations;
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(B)
with—
recommendations
for
cooperative
123 STAT. 1211
agreements
(i) State and local governments;
(ii) local historical organizations; and
(iii) other appropriate entities; and
(C) an estimate of the amount required to carry out
the recommendations under subparagraphs (A) and (B).
(4) CONSULTATION.—In conducting the theme study, the
Secretary shall consult with—
(A) the Secretary of the Air Force;
(B) State and local officials;
(C) State historic preservation offices; and
(D) other interested organizations and individuals.
(5) REPORT.—Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes
the findings, conclusions, and recommendations of the theme
study.
(c) COLD WAR ADVISORY COMMITTEE.—
(1) ESTABLISHMENT.—As soon as practicable after funds
are made available to carry out this section, the Secretary
shall establish an advisory committee, to be known as the
‘‘Cold War Advisory Committee’’, to assist the Secretary in
carrying out this section.
(2) COMPOSITION.—The Advisory Committee shall be composed of 9 members, to be appointed by the Secretary, of
whom—
(A) 3 shall have expertise in Cold War history;
(B) 2 shall have expertise in historic preservation;
(C) 1 shall have expertise in the history of the United
States; and
(D) 3 shall represent the general public.
(3) CHAIRPERSON.—The Advisory Committee shall select
a chairperson from among the members of the Advisory Committee.
(4) COMPENSATION.—A member of the Advisory Committee
shall serve without compensation but may be reimbursed by
the Secretary for expenses reasonably incurred in the performance of the duties of the Advisory Committee.
(5) MEETINGS.—On at least 3 occasions, the Secretary (or
a designee) shall meet and consult with the Advisory Committee
on matters relating to the theme study.
(d) INTERPRETIVE HANDBOOK ON THE COLD WAR.—Not later
than 4 years after the date on which funds are made available
to carry out this section, the Secretary shall—
(1) prepare and publish an interpretive handbook on the
Cold War; and
(2) disseminate information in the theme study by other
appropriate means.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $500,000.
Deadline.
Publication.
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SEC. 7211. BATTLE OF CAMDEN, SOUTH CAROLINA.
(a) IN GENERAL.—The Secretary shall complete a special
resource study of the site of the Battle of Camden fought in South
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Carolina on August 16, 1780, and the site of Historic Camden,
which is a National Park System Affiliated Area, to determine—
(1) the suitability and feasibility of designating the sites
as a unit or units of the National Park System; and
(2) the methods and means for the protection and
interpretation of these sites by the National Park Service, other
Federal, State, or local government entities or private or nonprofit organizations.
(b) STUDY REQUIREMENTS.—The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91–383 (16
U.S.C. 1a–5(c)).
(c) REPORT.—Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing—
(1) the results of the study; and
(2) any recommendations of the Secretary.
´ NIMO, PUERTO RICO.
SEC. 7212. FORT SAN GERO
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(a) DEFINITIONS.—In this section:
(1) FORT SAN GERO´ NIMO.—The term ‘‘Fort San Gero´nimo’’
(also known as ‘‘Fortı´n de San Gero´nimo del Boquero´n’’) means
the fort and grounds listed on the National Register of Historic
Places and located near Old San Juan, Puerto Rico.
(2) RELATED RESOURCES.—The term ‘‘related resources’’
means other parts of the fortification system of old San Juan
that are not included within the boundary of San Juan National
Historic Site, such as sections of the City Wall or other fortifications.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall complete a special
resource study of Fort San Gero´nimo and other related
resources, to determine—
(A) the suitability and feasibility of including Fort San
Gero´nimo and other related resources in the Commonwealth of Puerto Rico as part of San Juan National Historic
Site; and
(B) the methods and means for the protection and
interpretation of Fort San Gero´nimo and other related
resources by the National Park Service, other Federal,
State, or local government entities or private or non-profit
organizations.
(2) STUDY REQUIREMENTS.—The Secretary shall conduct the
study in accordance with section 8(c) of Public Law 91–383
(16 U.S.C. 1a–5(c)).
(c) REPORT.—Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing—
(1) the results of the study; and
(2) any recommendations of the Secretary.
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123 STAT. 1213
Subtitle D—Program Authorizations
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SEC. 7301. AMERICAN BATTLEFIELD PROTECTION PROGRAM.
16 USC 469k–1.
(a) PURPOSE.—The purpose of this section is to assist citizens,
public and private institutions, and governments at all levels in
planning, interpreting, and protecting sites where historic battles
were fought on American soil during the armed conflicts that shaped
the growth and development of the United States, in order that
present and future generations may learn and gain inspiration
from the ground where Americans made their ultimate sacrifice.
(b) PRESERVATION ASSISTANCE.—
(1) IN GENERAL.—Using the established national historic
preservation program to the extent practicable, the Secretary
of the Interior, acting through the American Battlefield Protection Program, shall encourage, support, assist, recognize, and
work in partnership with citizens, Federal, State, local, and
tribal governments, other public entities, educational institutions, and private nonprofit organizations in identifying,
researching, evaluating, interpreting, and protecting historic
battlefields and associated sites on a National, State, and local
level.
(2) FINANCIAL ASSISTANCE.—To carry out paragraph (1),
the Secretary may use a cooperative agreement, grant, contract,
or other generally adopted means of providing financial assistance.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $3,000,000 annually to carry out this
subsection, to remain available until expended.
(c) BATTLEFIELD ACQUISITION GRANT PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) BATTLEFIELD REPORT.—The term ‘‘Battlefield
Report’’ means the document entitled ‘‘Report on the
Nation’s Civil War Battlefields’’, prepared by the Civil War
Sites Advisory Commission, and dated July 1993.
(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means
a State or local government.
(C) ELIGIBLE SITE.—The term ‘‘eligible site’’ means a
site—
(i) that is not within the exterior boundaries of
a unit of the National Park System; and
(ii) that is identified in the Battlefield Report.
(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the American Battlefield Protection Program.
(2) ESTABLISHMENT.—The Secretary shall establish a
battlefield acquisition grant program under which the Secretary
may provide grants to eligible entities to pay the Federal share
of the cost of acquiring interests in eligible sites for the
preservation and protection of those eligible sites.
(3) NONPROFIT PARTNERS.—An eligible entity may acquire
an interest in an eligible site using a grant under this subsection in partnership with a nonprofit organization.
(4) NON-FEDERAL SHARE.—The non-Federal share of the
total cost of acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
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(5) LIMITATION ON LAND USE.—An interest in an eligible
site acquired under this subsection shall be subject to section
6(f)(3) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–8(f)(3)).
(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to provide grants
under this subsection $10,000,000 for each of fiscal years 2009
through 2013.
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16 USC 469n.
SEC. 7302. PRESERVE AMERICA PROGRAM.
(a) PURPOSE.—The purpose of this section is to authorize the
Preserve America Program, including—
(1) the Preserve America grant program within the Department of the Interior;
(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in partnership with State, tribal, and local governments and the private sector, to support and promote the preservation of historic
resources.
(b) DEFINITIONS.—In this section:
(1) COUNCIL.—The term ‘‘Council’’ means the Advisory
Council on Historic Preservation.
(2) HERITAGE TOURISM.—The term ‘‘heritage tourism’’
means the conduct of activities to attract and accommodate
visitors to a site or area based on the unique or special aspects
of the history, landscape (including trail systems), and culture
of the site or area.
(3) PROGRAM.—The term ‘‘program’’ means the Preserve
America Program established under subsection (c)(1).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(c) ESTABLISHMENT.—
(1) IN GENERAL.—There is established in the Department
of the Interior the Preserve America Program, under which
the Secretary, in partnership with the Council, may provide
competitive grants to States, local governments (including local
governments in the process of applying for designation as Preserve America Communities under subsection (d)), Indian
tribes, communities designated as Preserve America Communities under subsection (d), State historic preservation offices,
and tribal historic preservation offices to support preservation
efforts through heritage tourism, education, and historic
preservation planning activities.
(2) ELIGIBLE PROJECTS.—
(A) IN GENERAL.—The following projects shall be
eligible for a grant under this section:
(i) A project for the conduct of—
(I) research on, and documentation of, the history of a community; and
(II) surveys of the historic resources of a
community.
(ii) An education and interpretation project that
conveys the history of a community or site.
(iii) A planning project (other than building
rehabilitation) that advances economic development
using heritage tourism and historic preservation.
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123 STAT. 1215
(iv) A training project that provides opportunities
for professional development in areas that would aid
a community in using and promoting its historic
resources.
(v) A project to support heritage tourism in a Preserve America Community designated under subsection
(d).
(vi) Other nonconstruction projects that identify
or promote historic properties or provide for the education of the public about historic properties that are
consistent with the purposes of this section.
(B) LIMITATION.—In providing grants under this section, the Secretary shall only provide 1 grant to each
eligible project selected for a grant.
(3) PREFERENCE.—In providing grants under this section,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Save America’s
Treasures Program.
(4) CONSULTATION AND NOTIFICATION.—
(A) CONSULTATION.—The Secretary shall consult with
the Council in preparing the list of projects to be provided
grants for a fiscal year under the program.
(B) NOTIFICATION.—Not later than 30 days before the
date on which the Secretary provides grants for a fiscal
year under the program, the Secretary shall submit to
the Committee on Energy and Natural Resources of the
Senate, the Committee on Appropriations of the Senate,
the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the
House of Representatives a list of any eligible projects
that are to be provided grants under the program for
the fiscal year.
(5) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The non-Federal share of the cost
of carrying out a project provided a grant under this section
shall be not less than 50 percent of the total cost of the
project.
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal
share required under subparagraph (A) shall be in the
form of—
(i) cash; or
(ii) donated supplies and related services, the value
of which shall be determined by the Secretary.
(C) REQUIREMENT.—The Secretary shall ensure that
each applicant for a grant has the capacity to secure,
and a feasible plan for securing, the non-Federal share
for an eligible project required under subparagraph (A)
before a grant is provided to the eligible project under
the program.
(d) DESIGNATION OF PRESERVE AMERICA COMMUNITIES.—
(1) APPLICATION.—To be considered for designation as a
Preserve America Community, a community, tribal area, or
neighborhood shall submit to the Council an application containing such information as the Council may require.
(2) CRITERIA.—To be designated as a Preserve America
Community under the program, a community, tribal area, or
neighborhood that submits an application under paragraph (1)
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16 USC 469o.
PUBLIC LAW 111–11—MAR. 30, 2009
shall, as determined by the Council, in consultation with the
Secretary, meet criteria required by the Council and, in addition, consider—
(A) protection and celebration of the heritage of the
community, tribal area, or neighborhood;
(B) use of the historic assets of the community, tribal
area, or neighborhood for economic development and
community revitalization; and
(C) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs.
(3) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRESERVATION ACTIVITIES.—The Council shall establish
an expedited process for Preserve America Community designation for local governments previously certified for historic
preservation activities under section 101(c)(1) of the National
Historic Preservation Act (16 U.S.C. 470a(c)(1)).
(4) GUIDELINES.—The Council, in consultation with the
Secretary, shall establish any guidelines that are necessary
to carry out this subsection.
(e) REGULATIONS.—The Secretary shall develop any guidelines
and issue any regulations that the Secretary determines to be
necessary to carry out this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $25,000,000 for each
fiscal year, to remain available until expended.
SEC. 7303. SAVE AMERICA’S TREASURES PROGRAM.
(a) PURPOSE.—The purpose of this section is to authorize within
the Department of the Interior the Save America’s Treasures Program, to be carried out by the Director of the National Park Service,
in partnership with—
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library Services;
(4) the National Trust for Historic Preservation;
(5) the National Conference of State Historic Preservation
Officers;
(6) the National Association of Tribal Historic Preservation
Officers; and
(7) the President’s Committee on the Arts and the Humanities.
(b) DEFINITIONS.—In this section:
(1) COLLECTION.—The term ‘‘collection’’ means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a
Federal entity, State, local, or tribal government, educational
institution, or nonprofit organization.
(3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has
the meaning given the term in section 301 of the National
Historic Preservation Act (16 U.S.C. 470w).
(4) NATIONALLY SIGNIFICANT.—The term ‘‘nationally significant’’ means a collection or historic property that meets the
applicable criteria for national significance, in accordance with
regulations promulgated by the Secretary pursuant to section
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123 STAT. 1217
101(a)(2) of the National Historic Preservation Act (16 U.S.C.
470a(a)(2)).
(5) PROGRAM.—The term ‘‘program’’ means the Save America’s Treasures Program established under subsection (c)(1).
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(c) ESTABLISHMENT.—
(1) IN GENERAL.—There is established in the Department
of the Interior the Save America’s Treasures program, under
which the amounts made available to the Secretary under
subsection (e) shall be used by the Secretary, in consultation
with the organizations described in subsection (a), subject to
paragraph (6)(A)(ii), to provide grants to eligible entities for
projects to preserve nationally significant collections and historic properties.
(2) DETERMINATION OF GRANTS.—Of the amounts made
available for grants under subsection (e), not less than 50
percent shall be made available for grants for projects to preserve collections and historic properties, to be distributed
through a competitive grant process administered by the Secretary, subject to the eligibility criteria established under paragraph (5).
(3) APPLICATIONS FOR GRANTS.—To be considered for a
competitive grant under the program an eligible entity shall
submit to the Secretary an application containing such information as the Secretary may require.
(4) COLLECTIONS AND HISTORIC PROPERTIES ELIGIBLE FOR
COMPETITIVE GRANTS.—
(A) IN GENERAL.—A collection or historic property shall
be provided a competitive grant under the program only
if the Secretary determines that the collection or historic
property is—
(i) nationally significant; and
(ii) threatened or endangered.
(B) ELIGIBLE COLLECTIONS.—A determination by the
Secretary regarding the national significance of collections
under subparagraph (A)(i) shall be made in consultation
with the organizations described in subsection (a), as appropriate.
(C) ELIGIBLE HISTORIC PROPERTIES.—To be eligible for
a competitive grant under the program, a historic property
shall, as of the date of the grant application—
(i) be listed in the National Register of Historic
Places at the national level of significance; or
(ii) be designated as a National Historic Landmark.
(5) SELECTION CRITERIA FOR GRANTS.—
(A) IN GENERAL.—The Secretary shall not provide a
grant under this section to a project for an eligible collection
or historic property unless the project—
(i) eliminates or substantially mitigates the threat
of destruction or deterioration of the eligible collection
or historic property;
(ii) has a clear public benefit; and
(iii) is able to be completed on schedule and within
the budget described in the grant application.
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(B) PREFERENCE.—In providing grants under this section, the Secretary may give preference to projects that
carry out the purposes of both the program and the Preserve America Program.
(C) LIMITATION.—In providing grants under this section, the Secretary shall only provide 1 grant to each
eligible project selected for a grant.
(6) CONSULTATION AND NOTIFICATION BY SECRETARY.—
(A) CONSULTATION.—
(i) IN GENERAL.—Subject to clause (ii), the Secretary shall consult with the organizations described
in subsection (a) in preparing the list of projects to
be provided grants for a fiscal year by the Secretary
under the program.
(ii) LIMITATION.—If an entity described in clause
(i) has submitted an application for a grant under
the program, the entity shall be recused by the Secretary from the consultation requirements under that
clause and paragraph (1).
(B) NOTIFICATION.—Not later than 30 days before the
date on which the Secretary provides grants for a fiscal
year under the program, the Secretary shall submit to
the Committee on Energy and Natural Resources of the
Senate, the Committee on Appropriations of the Senate,
the Committee on Natural Resources of the House of Representatives, and the Committee on Appropriations of the
House of Representatives a list of any eligible projects
that are to be provided grants under the program for
the fiscal year.
(7) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The non-Federal share of the cost
of carrying out a project provided a grant under this section
shall be not less than 50 percent of the total cost of the
project.
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal
share required under subparagraph (A) shall be in the
form of—
(i) cash; or
(ii) donated supplies or related services, the value
of which shall be determined by the Secretary.
(C) REQUIREMENT.—The Secretary shall ensure that
each applicant for a grant has the capacity and a feasible
plan for securing the non-Federal share for an eligible
project required under subparagraph (A) before a grant
is provided to the eligible project under the program.
(d) REGULATIONS.—The Secretary shall develop any guidelines
and issue any regulations that the Secretary determines to be
necessary to carry out this section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $50,000,000 for each
fiscal year, to remain available until expended.
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SEC. 7304. ROUTE 66 CORRIDOR PRESERVATION PROGRAM.
Section 4 of Public Law 106–45 (16 U.S.C. 461 note; 113 Stat.
226) is amended by striking ‘‘2009’’ and inserting ‘‘2019’’.
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123 STAT. 1219
SEC. 7305. NATIONAL CAVE AND KARST RESEARCH INSTITUTE.
The National Cave and Karst Research Institute Act of 1998
(16 U.S.C. 4310 note; Public Law 105–325) is amended by striking
section 5 and inserting the following:
‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums as are
necessary to carry out this Act.’’.
Subtitle E—Advisory Commissions
Extensions.
SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION.
Section 505(f)(7) of the National Parks and Recreation Act
of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking ‘‘ten years
after the date of enactment of the Na Hoa Pili O Kaloko-Honokohau
Re-establishment Act of 1996’’ and inserting ‘‘on December 31,
2018’’.
SEC. 7402. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.
Effective September 26, 2008, section 8(a) of Public Law 87–
126 (16 U.S.C. 459b–7(a)) is amended in the second sentence by
striking ‘‘2008’’ and inserting ‘‘2018’’.
Effective dates.
SEC. 7403. CONCESSIONS MANAGEMENT ADVISORY BOARD.
Section 409(d) of the National Park Service Concessions
Management Improvement Act of 1998 (16 U.S.C. 5958(d)) is
amended in the first sentence by striking ‘‘2008’’ and inserting
‘‘2009’’.
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SEC. 7404. ST. AUGUSTINE 450TH COMMEMORATION COMMISSION.
(a) DEFINITIONS.—In this section:
(1) COMMEMORATION.—The term ‘‘commemoration’’ means
the commemoration of the 450th anniversary of the founding
of the settlement of St. Augustine, Florida.
(2) COMMISSION.—The term ‘‘Commission’’ means the St.
Augustine 450th Commemoration Commission established by
subsection (b)(1).
(3) GOVERNOR.—The term ‘‘Governor’’ means the Governor
of the State.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—
(A) IN GENERAL.—The term ‘‘State’’ means the State
of Florida.
(B) INCLUSION.—The term ‘‘State’’ includes agencies
and entities of the State of Florida.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a commission, to
be known as the ‘‘St. Augustine 450th Commemoration
Commission’’.
(2) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall be composed
of 14 members, of whom—
(i) 3 members shall be appointed by the Secretary,
after considering the recommendations of the St.
Augustine City Commission;
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16 USC 470a
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PUBLIC LAW 111–11—MAR. 30, 2009
(ii) 3 members shall be appointed by the Secretary,
after considering the recommendations of the Governor;
(iii) 1 member shall be an employee of the National
Park Service having experience relevant to the historical resources relating to the city of St. Augustine
and the commemoration, to be appointed by the Secretary;
(iv) 1 member shall be appointed by the Secretary,
taking into consideration the recommendations of the
Mayor of the city of St. Augustine;
(v) 1 member shall be appointed by the Secretary,
after considering the recommendations of the Chancellor of the University System of Florida; and
(vi) 5 members shall be individuals who are residents of the State who have an interest in, support
for, and expertise appropriate to the commemoration,
to be appointed by the Secretary, taking into consideration the recommendations of Members of Congress.
(B) TIME OF APPOINTMENT.—Each appointment of an
initial member of the Commission shall be made before
the expiration of the 120-day period beginning on the date
of enactment of this Act.
(C) TERM; VACANCIES.—
(i) TERM.—A member of the Commission shall be
appointed for the life of the Commission.
(ii) VACANCIES.—
(I) IN GENERAL.—A vacancy on the Commission shall be filled in the same manner in which
the original appointment was made.
(II) PARTIAL TERM.—A member appointed to
fill a vacancy on the Commission shall serve for
the remainder of the term for which the predecessor of the member was appointed.
(iii) CONTINUATION OF MEMBERSHIP.—If a member
of the Commission was appointed to the Commission
as Mayor of the city of St. Augustine or as an employee
of the National Park Service or the State University
System of Florida, and ceases to hold such position,
that member may continue to serve on the Commission
for not longer than the 30-day period beginning on
the date on which that member ceases to hold the
position.
(3) DUTIES.—The Commission shall—
(A) plan, develop, and carry out programs and activities
appropriate for the commemoration;
(B) facilitate activities relating to the commemoration
throughout the United States;
(C) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate
in anniversary activities to expand understanding and
appreciation of the significance of the founding and continuing history of St. Augustine;
(D) provide technical assistance to States, localities,
and nonprofit organizations to further the commemoration;
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1221
(E) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, St.
Augustine;
(F) ensure that the commemoration provides a lasting
legacy and long-term public benefit by assisting in the
development of appropriate programs; and
(G) help ensure that the observances of the foundation
of St. Augustine are inclusive and appropriately recognize
the experiences and heritage of all individuals present
when St. Augustine was founded.
(c) COMMISSION MEETINGS.—
(1) INITIAL MEETING.—Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold the initial meeting of
the Commission.
(2) MEETINGS.—The Commission shall meet—
(A) at least 3 times each year; or
(B) at the call of the Chairperson or the majority
of the members of the Commission.
(3) QUORUM.—A majority of the voting members shall constitute a quorum, but a lesser number may hold meetings.
(4) CHAIRPERSON AND VICE CHAIRPERSON.—
(A) ELECTION.—The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on
an annual basis.
(B) ABSENCE OF THE CHAIRPERSON.—The Vice Chairperson shall serve as the Chairperson in the absence of
the Chairperson.
(5) VOTING.—The Commission shall act only on an affirmative vote of a majority of the members of the Commission.
(d) COMMISSION POWERS.—
(1) GIFTS.—The Commission may solicit, accept, use, and
dispose of gifts, bequests, or devises of money or other property
for aiding or facilitating the work of the Commission.
(2) APPOINTMENT OF ADVISORY COMMITTEES.—The Commission may appoint such advisory committees as the Commission
determines to be necessary to carry out this section.
(3) AUTHORIZATION OF ACTION.—The Commission may
authorize any member or employee of the Commission to take
any action that the Commission is authorized to take under
this section.
(4) PROCUREMENT.—
(A) IN GENERAL.—The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this
section (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not
extend beyond the date of termination of the Commission).
(B) LIMITATION.—The Commission may not purchase
real property.
(5) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(6) GRANTS AND TECHNICAL ASSISTANCE.—The Commission
may—
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PUBLIC LAW 111–11—MAR. 30, 2009
(A) provide grants in amounts not to exceed $20,000
per grant to communities and nonprofit organizations for
use in developing programs to assist in the commemoration;
(B) provide grants to research and scholarly organizations to research, publish, or distribute information relating
to the early history of St. Augustine; and
(C) provide technical assistance to States, localities,
and nonprofit organizations to further the commemoration.
(e) COMMISSION PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—
(A) IN GENERAL.—Except as provided in paragraph (2),
a member of the Commission shall serve without compensation.
(B) FEDERAL EMPLOYEES.—A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation other than the compensation received for the services of the member as an
officer or employee of the Federal Government.
(2) TRAVEL EXPENSES.—A member of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(3) DIRECTOR AND STAFF.—
(A) IN GENERAL.—The Chairperson of the Commission
may, without regard to the civil service laws (including
regulations), nominate an executive director to enable the
Commission to perform the duties of the Commission.
(B) CONFIRMATION OF EXECUTIVE DIRECTOR.—The
employment of an executive director shall be subject to
confirmation by the Commission.
(4) COMPENSATION.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Commission may fix the compensation of the executive director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates.
(B) MAXIMUM RATE OF PAY.—The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(5) DETAIL OF GOVERNMENT EMPLOYEES.—
(A) FEDERAL EMPLOYEES.—
(i) DETAIL.—At the request of the Commission,
the head of any Federal agency may detail, on a
reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the
Commission in carrying out the duties of the Commission under this section.
(ii) CIVIL SERVICE STATUS.—The detail of an
employee under clause (i) shall be without interruption
or loss of civil service status or privilege.
(B) STATE EMPLOYEES.—The Commission may—
(i) accept the services of personnel detailed from
the State; and
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(ii) reimburse the State for services of detailed
personnel.
(6) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services in accordance with section
3109(b) of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(7) VOLUNTEER AND UNCOMPENSATED SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the
Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary.
(8) SUPPORT SERVICES.—
(A) IN GENERAL.—The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(B) REIMBURSEMENT.—Any reimbursement under this
paragraph shall be credited to the appropriation, fund,
or account used for paying the amounts reimbursed.
(9) FACA NONAPPLICABILITY.—Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Commission.
(10) NO EFFECT ON AUTHORITY.—Nothing in this subsection
supersedes the authority of the State, the National Park
Service, the city of St. Augustine, or any designee of those
entities, with respect to the commemoration.
(f) PLANS; REPORTS.—
(1) STRATEGIC PLAN.—The Commission shall prepare a strategic plan for the activities of the Commission carried out
under this section.
(2) FINAL REPORT.—Not later than September 30, 2015,
the Commission shall complete and submit to Congress a final
report that contains—
(A) a summary of the activities of the Commission;
(B) a final accounting of funds received and expended
by the Commission; and
(C) the findings and recommendations of the Commission.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Commission to carry out this section $500,000 for each
of fiscal years 2009 through 2015.
(2) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until December 31, 2015.
(h) TERMINATION OF COMMISSION.—
(1) DATE OF TERMINATION.—The Commission shall terminate on December 31, 2015.
(2) TRANSFER OF DOCUMENTS AND MATERIALS.—Before the
date of termination specified in paragraph (1), the Commission
shall transfer all documents and materials of the Commission
to the National Archives or another appropriate Federal entity.
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PUBLIC LAW 111–11—MAR. 30, 2009
TITLE VIII—NATIONAL HERITAGE
AREAS
Subtitle A—Designation of National
Heritage Areas
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16 USC 461 note.
SEC. 8001. SANGRE DE CRISTO NATIONAL HERITAGE AREA, COLORADO.
(a) DEFINITIONS.—In this section:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Sangre de Cristo National Heritage Area established by subsection (b)(1).
(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’
means the management entity for the Heritage Area designated
by subsection (b)(4).
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area required
under subsection (d).
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Proposed Sangre De Cristo National Heritage Area’’ and dated
November 2005.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means the State of Colorado.
(b) SANGRE DE CRISTO NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—There is established in the State the
Sangre de Cristo National Heritage Area.
(2) BOUNDARIES.—The Heritage Area shall consist of—
(A) the counties of Alamosa, Conejos, and Costilla;
and
(B) the Monte Vista National Wildlife Refuge, the Baca
National Wildlife Refuge, the Great Sand Dunes National
Park and Preserve, and other areas included in the map.
(3) MAP.—A map of the Heritage Area shall be—
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) MANAGEMENT ENTITY.—
(A) IN GENERAL.—The management entity for the
Heritage Area shall be the Sangre de Cristo National Heritage Area Board of Directors.
(B) MEMBERSHIP REQUIREMENTS.—Members of the
Board shall include representatives from a broad crosssection of the individuals, agencies, organizations, and
governments that were involved in the planning and
development of the Heritage Area before the date of enactment of this Act.
(c) ADMINISTRATION.—
(1) AUTHORITIES.—For purposes of carrying out the
management plan, the Secretary, acting through the management entity, may use amounts made available under this section to—
(A) make grants to the State or a political subdivision
of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
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123 STAT. 1225
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;
(D) obtain money or services from any source including
any that are provided under any other Federal law or
program;
(E) contract for goods or services; and
(F) undertake to be a catalyst for any other activity
that furthers the Heritage Area and is consistent with
the approved management plan.
(2) DUTIES.—The management entity shall—
(A) in accordance with subsection (d), prepare and
submit a management plan for the Heritage Area to the
Secretary;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out
the approved management plan by—
(i) carrying out programs and projects that recognize, protect, and enhance important resource values
in the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural
resources of the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and
sites of interest are posted throughout the Heritage
Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the Heritage Area;
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the
Heritage Area in the preparation and implementation of
the management plan;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation
of the management plan;
(E) for any year that Federal funds have been received
under this section—
(i) submit an annual report to the Secretary that
describes the activities, expenses, and income of the
management entity (including grants to any other entities during the year that the report is made);
(ii) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds;
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plan.
Public
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Deadlines.
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Reports.
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(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make
available to the Secretary for audit all records concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability
that is consistent with the Heritage Area.
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—
The management entity shall not use Federal funds made
available under this section to acquire real property or any
interest in real property.
(4) COST-SHARING REQUIREMENT.—The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the management entity shall submit
to the Secretary for approval a proposed management plan
for the Heritage Area.
(2) REQUIREMENTS.—The management plan shall—
(A) incorporate an integrated and cooperative approach
for the protection, enhancement, and interpretation of the
natural, cultural, historic, scenic, and recreational
resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include—
(i) an inventory of—
(I) the resources located in the core area
described in subsection (b)(2); and
(II) any other property in the core area that—
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, or maintained because of the significance
of the property;
(ii) comprehensive policies, strategies and recommendations for conservation, funding, management,
and development of the Heritage Area;
(iii) a description of actions that governments, private organizations, and individuals have agreed to take
to protect the natural, historical and cultural resources
of the Heritage Area;
(iv) a program of implementation for the management plan by the management entity that includes
a description of—
(I) actions to facilitate ongoing collaboration
among partners to promote plans for resource
protection, restoration, and construction; and
(II) specific commitments for implementation
that have been made by the management entity
or any government, organization, or individual for
the first 5 years of operation;
(v) the identification of sources of funding for carrying out the management plan;
(vi) analysis and recommendations for means by
which local, State, and Federal programs, including
the role of the National Park Service in the Heritage
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Area, may best be coordinated to carry out this section;
and
(vii) an interpretive plan for the Heritage Area;
and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including the development of intergovernmental and interagency cooperative agreements to protect the natural,
historical, cultural, educational, scenic, and recreational
resources of the Heritage Area.
(3) DEADLINE.—If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the
date of enactment of this Act, the management entity shall
be ineligible to receive additional funding under this section
until the date that the Secretary receives and approves the
management plan.
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 180 days after the
date of receipt of the management plan under paragraph
(1), the Secretary, in consultation with the State, shall
approve or disapprove the management plan.
(B) CRITERIA FOR APPROVAL.—In determining whether
to approve the management plan, the Secretary shall consider whether—
(i) the management entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses, and
recreational organizations;
(ii) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan; and
(iii) the resource protection and interpretation
strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area.
(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary
disapproves the management plan under subparagraph (A),
the Secretary shall—
(i) advise the management entity in writing of
the reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) not later than 180 days after the receipt of
any proposed revision of the management plan from
the management entity, approve or disapprove the proposed revision.
(D) AMENDMENTS.—
(i) IN GENERAL.—The Secretary shall approve or
disapprove each amendment to the management plan
that the Secretary determines make a substantial
change to the management plan.
(ii) USE OF FUNDS.—The management entity shall
not use Federal funds authorized by this section to
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Recommendations.
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carry out any amendments to the management plan
until the Secretary has approved the amendments.
(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) CONSULTATION AND COORDINATION.—The head of any
Federal agency planning to conduct activities that may have
an impact on the Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the management entity to the maximum extent practicable.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under
the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from participating in any plan, project, program, or activity conducted
within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access
or use of property of the property owner under any other
Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
(g) EVALUATION; REPORT.—
(1) IN GENERAL.—Not later than 3 years before the date
on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the management entity with
respect to—
(i) accomplishing the purposes of this section for
the Heritage Area; and
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(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3) REPORT.—
(A) IN GENERAL.—Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to the
Heritage Area.
(B) REQUIRED ANALYSIS.—If the report prepared under
subparagraph (A) recommends that Federal funding for
the Heritage Area be reauthorized, the report shall include
an analysis of—
(i) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(C) SUBMISSION TO CONGRESS.—On completion of the
report, the Secretary shall submit the report to—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000, of which
not more than $1,000,000 may be made available for any fiscal
year.
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary
to provide assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.
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SEC. 8002. CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA,
COLORADO.
16 USC 461 note.
(a) DEFINITIONS.—In this section:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Cache La Poudre River National Heritage Area established
by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Poudre Heritage Alliance, the local
coordinating entity for the Heritage Area designated by subsection (b)(4).
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area required
under subsection (d)(1).
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Cache
La Poudre River National Heritage Area’’, numbered 960/
80,003, and dated April, 2004.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means the State of Colorado.
(b) CACHE LA POUDRE RIVER NATIONAL HERITAGE AREA.—
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(1) ESTABLISHMENT.—There is established in the State the
Cache La Poudre River National Heritage Area.
(2) BOUNDARIES.—The Heritage Area shall consist of the
area depicted on the map.
(3) MAP.—The map shall be on file and available for public
inspection in the appropriate offices of—
(A) the National Park Service; and
(B) the local coordinating entity.
(4) LOCAL COORDINATING ENTITY.—The local coordinating
entity for the Heritage Area shall be the Poudre Heritage
Alliance, a nonprofit organization incorporated in the State.
(c) ADMINISTRATION.—
(1) AUTHORITIES.—To carry out the management plan, the
Secretary, acting through the local coordinating entity, may
use amounts made available under this section—
(A) to make grants to the State (including any political
subdivision of the State), nonprofit organizations, and other
individuals;
(B) to enter into cooperative agreements with, or provide technical assistance to, the State (including any political subdivision of the State), nonprofit organizations, and
other interested parties;
(C) to hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical resource protection, and heritage programming;
(D) to obtain funds or services from any source,
including funds or services that are provided under any
other Federal law or program;
(E) to enter into contracts for goods or services; and
(F) to serve as a catalyst for any other activity that—
(i) furthers the purposes and goals of the Heritage
Area; and
(ii) is consistent with the approved management
plan.
(2) DUTIES.—The local coordinating entity shall—
(A) in accordance with subsection (d), prepare and
submit to the Secretary a management plan for the Heritage Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out
the approved management plan by—
(i) carrying out programs and projects that recognize, protect, and enhance important resource values
located in the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, the natural, historical, scenic, and cultural
resources of the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and
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sites of interest, are posted throughout the Heritage
Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the Heritage Area;
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the
Heritage Area in the preparation and implementation of
the management plan;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation
of the management plan;
(E) for any year for which Federal funds have been
received under this section—
(i) submit an annual report to the Secretary that
describes the activities, expenses, and income of the
local coordinating entity (including grants to any other
entities during the year that the report is made);
(ii) make available to the Secretary for audit all
records relating to the expenditure of the funds and
any matching funds; and
(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make
available to the Secretary for audit all records concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability
that is consistent with the Heritage Area.
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—
The local coordinating entity shall not use Federal funds made
available under this section to acquire real property or any
interest in real property.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the local coordinating entity shall
submit to the Secretary for approval a proposed management
plan for the Heritage Area.
(2) REQUIREMENTS.—The management plan shall—
(A) incorporate an integrated and cooperative approach
for the protection, enhancement, and interpretation of the
natural, cultural, historic, scenic, educational, and recreational resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include—
(i) an inventory of the resources located in the
Heritage Area;
(ii) comprehensive policies, strategies, and recommendations for conservation, funding, management,
and development of the Heritage Area;
(iii) a description of actions that governments, private organizations, and individuals have agreed to take
to protect the natural, cultural, historic, scenic, educational, and recreational resources of the Heritage
Area;
(iv) a program of implementation for the management plan by the local coordinating entity that includes
a description of—
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123 STAT. 1232
(I) actions to facilitate ongoing collaboration
among partners to promote plans for resource
protection, restoration, and construction; and
(II) specific commitments for implementation
that have been made by the local coordinating
entity or any government, organization, or individual for the first 5 years of operation;
(v) the identification of sources of funding for carrying out the management plan;
(vi) analysis and recommendations for means by
which local, State, and Federal programs, including
the role of the National Park Service in the Heritage
Area, may best be coordinated to carry out this section;
and
(vii) an interpretive plan for the Heritage Area;
and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including the development of intergovernmental and interagency cooperative agreements to protect the natural, cultural, historic, scenic, educational, and recreational
resources of the Heritage Area.
(3) DEADLINE.—If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the
date of enactment of this Act, the local coordinating entity
shall be ineligible to receive additional funding under this
section until the date on which the Secretary approves a
management plan.
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 180 days after the
date of receipt of the management plan under paragraph
(1), the Secretary, in consultation with the State, shall
approve or disapprove the management plan.
(B) CRITERIA FOR APPROVAL.—In determining whether
to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity is representative
of the diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses, and
recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public
and governmental involvement in the preparation of
the management plan; and
(iii) the resource protection and interpretation
strategies contained in the management plan, if implemented, would adequately protect the natural, cultural,
historic, scenic, educational, and recreational resources
of the Heritage Area.
(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary
disapproves the management plan under subparagraph (A),
the Secretary shall—
(i) advise the local coordinating entity in writing
of the reasons for the disapproval;
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PUBLIC LAW 111–11—MAR. 30, 2009
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(ii) make recommendations for revisions to the
management plan; and
(iii) not later than 180 days after the date of receipt
of any proposed revision of the management plan from
the local coordinating entity, approve or disapprove
the proposed revision.
(5) AMENDMENTS.—
(A) IN GENERAL.—The Secretary shall approve or disapprove each amendment to the management plan that
the Secretary determines would make a substantial change
to the management plan.
(B) USE OF FUNDS.—The local coordinating entity shall
not use Federal funds authorized to be appropriated by
this section to carry out any amendments to the management plan until the Secretary has approved the amendments.
(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law (including regulations).
(2) CONSULTATION AND COORDINATION.—To the maximum
extent practicable, the head of any Federal agency planning
to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any law (including any
regulation) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any public or private property
owner, including the right to refrain from participating in any
plan, project, program, or activity conducted within the Heritage Area;
(2) requires any property owner—
(A) to permit public access (including access by Federal,
State, or local agencies) to the property of the property
owner; or
(B) to modify public access or use of property of the
property owner under any other Federal, State, or local
law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency;
(4) conveys any land use or other regulatory authority
to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
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123 STAT. 1234
PUBLIC LAW 111–11—MAR. 30, 2009
(7) creates any liability, or affects any liability under any
other law (including regulations), of any private property owner
with respect to any individual injured on the private property.
(g) EVALUATION; REPORT.—
(1) IN GENERAL.—Not later than 3 years before the date
on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the local coordinating entity
with respect to—
(i) accomplishing the purposes of this section for
the Heritage Area; and
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area to identify
the critical components for sustainability of the Heritage
Area.
(3) REPORT.—
(A) IN GENERAL.—Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to the
Heritage Area.
(B) REQUIRED ANALYSIS.—If the report prepared under
subparagraph (A) recommends that Federal funding for
the Heritage Area be reauthorized, the report shall include
an analysis of—
(i) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(C) SUBMISSION TO CONGRESS.—On completion of the
report, the Secretary shall submit the report to—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(h) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $10,000,000,
of which not more than $1,000,000 may be made available
for any fiscal year.
(2) COST-SHARING REQUIREMENT.—The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary
to provide assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.
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(j) CONFORMING AMENDMENT.—The Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104–323) is repealed.
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SEC. 8003. SOUTH PARK NATIONAL HERITAGE AREA, COLORADO.
16 USC 461 note.
(a) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the South Park National Heritage Area, comprised initially of the individuals, agencies, organizations, and governments that were involved in the planning and development
of the Heritage Area before the date of enactment of this
Act.
(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
South Park National Heritage Area established by subsection
(b)(1).
(3) MANAGEMENT ENTITY.—The term ‘‘management entity’’
means the management entity for the Heritage Area designated
by subsection (b)(4)(A).
(4) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area required
by subsection (d).
(5) MAP.—The term ‘‘map’’ means the map entitled ‘‘South
Park National Heritage Area Map (Proposed)’’, dated January
30, 2006.
(6) PARTNER.—The term ‘‘partner’’ means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in the conservation, preservation, interpretation, development or promotion
of heritage sites or resources of the Heritage Area.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(8) STATE.—The term ‘‘State’’ means the State of Colorado.
(9) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’ means any guidance, advice, help, or aid, other than
financial assistance, provided by the Secretary.
(b) SOUTH PARK NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—There is established in the State the
South Park National Heritage Area.
(2) BOUNDARIES.—The Heritage Area shall consist of the
areas included in the map.
(3) MAP.—A map of the Heritage Area shall be—
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the National Park Service.
(4) MANAGEMENT ENTITY.—
(A) IN GENERAL.—The management entity for the
Heritage Area shall be the Park County Tourism &
Community Development Office, in conjunction with the
South Park National Heritage Area Board of Directors.
(B) MEMBERSHIP REQUIREMENTS.—Members of the
Board shall include representatives from a broad crosssection of individuals, agencies, organizations, and governments that were involved in the planning and development
of the Heritage Area before the date of enactment of this
Act.
(c) ADMINISTRATION.—
(1) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—
The management entity shall not use Federal funds made
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available under this section to acquire real property or any
interest in real property.
(2) AUTHORITIES.—For purposes of carrying out the
management plan, the Secretary, acting through the management entity, may use amounts made available under this section to—
(A) make grants to the State or a political subdivision
of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State or a political subdivision
of the State, nonprofit organizations, and other interested
parties;
(C) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical resources protection, fundraising, heritage facility planning and development, and heritage tourism programming;
(D) obtain funds or services from any source, including
funds or services that are provided under any other Federal
law or program;
(E) enter into contracts for goods or services; and
(F) to facilitate the conduct of other projects and activities that further the Heritage Area and are consistent
with the approved management plan.
(3) DUTIES.—The management entity shall—
(A) in accordance with subsection (d), prepare and
submit a management plan for the Heritage Area to the
Secretary;
(B) assist units of local government, local property
owners and businesses, and nonprofit organizations in carrying out the approved management plan by—
(i) carrying out programs and projects that recognize, protect, enhance, and promote important resource
values in the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(iii) developing economic, recreational and educational opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and
sites of interest are posted throughout the Heritage
Area;
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the Heritage Area; and
(viii) planning and developing new heritage attractions, products and services;
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the
Heritage Area in the preparation and implementation of
the management plan;
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(D) conduct meetings open to the public at least semiannually regarding the development and implementation
of the management plan;
(E) for any year for which Federal funds have been
received under this section—
(i) submit to the Secretary an annual report that
describes the activities, expenses, and income of the
management entity (including grants to any other entities during the year that the report is made);
(ii) make available to the Secretary for audit all
records relating to the expenditure of the Federal funds
and any matching funds; and
(iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make
available to the Secretary for audit all records concerning the expenditure of the funds; and
(F) encourage by appropriate means economic viability
that is consistent with the Heritage Area.
(4) COST-SHARING REQUIREMENT.—The Federal share of the
cost of any activity carried out using any assistance made
available under this section shall be 50 percent.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the management entity, with public
participation, shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
(2) REQUIREMENTS.—The management plan shall—
(A) incorporate an integrated and cooperative approach
for the protection, enhancement, interpretation, development, and promotion of the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;
(B) take into consideration State and local plans;
(C) include—
(i) an inventory of—
(I) the resources located within the areas
included in the map; and
(II) any other eligible and participating property within the areas included in the map that—
(aa) is related to the themes of the Heritage Area; and
(bb) should be preserved, restored, managed, maintained, developed, or promoted
because of the significance of the property;
(ii) comprehensive policies, strategies, and recommendations for conservation, funding, management,
development, and promotion of the Heritage Area;
(iii) a description of actions that governments, private organizations, and individuals have agreed to take
to manage protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the
Heritage Area;
(iv) a program of implementation for the management plan by the management entity that includes
a description of—
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Deadline.
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Records.
Records.
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123 STAT. 1238
(I) actions to facilitate ongoing and effective
collaboration among partners to promote plans for
resource protection, enhancement, interpretation,
restoration, and construction; and
(II) specific commitments for implementation
that have been made by the management entity
or any government, organization, or individual for
the first 5 years of operation;
(v) the identification of sources of funding for carrying out the management plan;
(vi) an analysis of and recommendations for means
by which Federal, State, and local programs, including
the role of the National Park Service in the Heritage
Area, may best be coordinated to carry out this section;
and
(vii) an interpretive plan for the Heritage Area;
and
(D) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including the development of intergovernmental and interagency cooperative agreements to protect the historical,
cultural, scenic, recreational, agricultural, and natural
resources of the Heritage Area.
(3) DEADLINE.—If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the
date of enactment of this Act, the management entity shall
be ineligible to receive additional funding under this section
until the date on which the Secretary receives and approves
the management plan.
(4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 180 days after the
date of receipt of the management plan under paragraph
(1), the Secretary, in consultation with the State, shall
approve or disapprove the management plan.
(B) CRITERIA FOR APPROVAL.—In determining whether
to approve the management plan, the Secretary shall consider whether—
(i) the management entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historical resource protection
organizations, educational institutions, local businesses
and industries, community organizations, recreational
organizations, and tourism organizations;
(ii) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan; and
(iii) strategies contained in the management plan,
if implemented, would adequately balance the voluntary protection, development, and interpretation of
the natural, historical, cultural, scenic, recreational,
and agricultural resources of the Heritage Area.
(C) ACTION FOLLOWING DISAPPROVAL.—If the Secretary
disapproves the management plan under subparagraph (A),
the Secretary shall—
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(i) advise the management entity in writing of
the reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) not later than 180 days after the receipt of
any proposed revision of the management plan from
the management entity, approve or disapprove the proposed revision.
(D) AMENDMENTS.—
(i) IN GENERAL.—The Secretary shall approve or
disapprove each amendment to the management plan
that the Secretary determines makes a substantial
change to the management plan.
(ii) USE OF FUNDS.—The management entity shall
not use Federal funds authorized by this section to
carry out any amendments to the management plan
until the Secretary has approved the amendments.
(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) CONSULTATION AND COORDINATION.—The head of any
Federal agency planning to conduct activities that may have
an impact on the Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the management entity to the maximum extent practicable.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under
the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from participating in any plan, project, program, or activity conducted
within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access
or use of property of the property owner under any other
Federal, State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
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(6) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
(g) EVALUATION; REPORT.—
(1) IN GENERAL.—Not later than 3 years before the date
on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the management entity with
respect to—
(i) accomplishing the purposes of this section for
the Heritage Area; and
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3) REPORT.—
(A) IN GENERAL.—Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to the
Heritage Area.
(B) REQUIRED ANALYSIS.—If the report prepared under
subparagraph (A) recommends that Federal funding for
the Heritage Area be reauthorized, the report shall include
an analysis of—
(i) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(C) SUBMISSION TO CONGRESS.—On completion of the
report, the Secretary shall submit the report to—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000, of which
not more than $1,000,000 may be made available for any fiscal
year.
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary
to provide assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.
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16 USC 461 note.
SEC. 8004. NORTHERN PLAINS NATIONAL HERITAGE AREA, NORTH
DAKOTA.
(a) DEFINITIONS.—In this section:
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1241
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Northern Plains National Heritage Area established by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Northern Plains Heritage Foundation,
the local coordinating entity for the Heritage Area designated
by subsection (c)(1).
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area required
under subsection (d).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—The term ‘‘State’’ means the State of North
Dakota.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—There is established the Northern Plains
National Heritage Area in the State of North Dakota.
(2) BOUNDARIES.—The Heritage Area shall consist of—
(A) a core area of resources in Burleigh, McLean,
Mercer, Morton, and Oliver Counties in the State; and
(B) any sites, buildings, and districts within the core
area recommended by the management plan for inclusion
in the Heritage Area.
(3) MAP.—A map of the Heritage Area shall be—
(A) included in the management plan; and
(B) on file and available for public inspection in the
appropriate offices of the local coordinating entity and the
National Park Service.
(c) LOCAL COORDINATING ENTITY.—
(1) IN GENERAL.—The local coordinating entity for the
Heritage Area shall be the Northern Plains Heritage Foundation, a nonprofit corporation established under the laws of
the State.
(2) DUTIES.—To further the purposes of the Heritage Area,
the Northern Plains Heritage Foundation, as the local coordinating entity, shall—
(A) prepare a management plan for the Heritage Area,
and submit the management plan to the Secretary, in
accordance with this section;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section, specifying—
(i) the specific performance goals and accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the
fiscal year;
(C) make available for audit for each fiscal year for
which the local coordinating entity receives Federal funds
under this section, all information pertaining to the
expenditure of the funds and any matching funds; and
(D) encourage economic viability and sustainability
that is consistent with the purposes of the Heritage Area.
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plan.
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(3) AUTHORITIES.—For the purposes of preparing and implementing the approved management plan for the Heritage Area,
the local coordinating entity may use Federal funds made available under this section to—
(A) make grants to political jurisdictions, nonprofit
organizations, and other parties within the Heritage Area;
(B) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(C) hire and compensate staff, including individuals
with expertise in—
(i) natural, historical, cultural, educational, scenic,
and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including
other Federal programs;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and
are consistent with the approved management plan.
(4) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The
local coordinating entity may not use Federal funds authorized
to be appropriated under this section to acquire any interest
in real property.
(5) OTHER SOURCES.—Nothing in this section precludes the
local coordinating entity from using Federal funds from other
sources for authorized purposes.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the local coordinating entity shall
submit to the Secretary for approval a proposed management
plan for the Heritage Area.
(2) REQUIREMENTS.—The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies,
and recommendations for telling the story of the heritage
of the area covered by the Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the Heritage
Area;
(B) include a description of actions and commitments
that Federal, State, tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational
resources of the Heritage Area;
(C) specify existing and potential sources of funding
or economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the
Heritage Area relating to the national importance and
themes of the Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
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(E) recommend policies and strategies for resource
management, including the development of intergovernmental and interagency agreements to protect, enhance,
interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational
resources of the Heritage Area;
(F) describe a program for implementation for the
management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that
have been made by the local coordinating entity or
any Federal, State, tribal, or local government agency,
organization, business, or individual;
(G) include an analysis of, and recommendations for,
means by which Federal, State, tribal, and local programs
may best be coordinated (including the role of the National
Park Service and other Federal agencies associated with
the Heritage Area) to further the purposes of this section;
and
(H) include a business plan that—
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities described in the management
plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the Heritage Area.
(3) DEADLINE.—
(A) IN GENERAL.—Not later than 3 years after the
date on which funds are first made available to develop
the management plan after designation of the Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(B) TERMINATION OF FUNDING.—If the management
plan is not submitted to the Secretary in accordance with
subparagraph (A), the local coordinating entity shall not
qualify for any additional financial assistance under this
section until such time as the management plan is submitted to and approved by the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN.—
(A) REVIEW.—Not later than 180 days after receiving
the plan, the Secretary shall review and approve or disapprove the management plan for the Heritage Area on
the basis of the criteria established under subparagraph
(B).
(B) CRITERIA FOR APPROVAL.—In determining whether
to approve a management plan for the Heritage Area,
the Secretary shall consider whether—
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural, and
historic resource protection organizations, educational
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institutions, businesses, recreational organizations,
community residents, and private property owners;
(ii) the local coordinating entity—
(I) has afforded adequate opportunity for
public and Federal, State, tribal, and local governmental involvement (including through workshops
and hearings) in the preparation of the management plan; and
(II) provides for at least semiannual public
meetings to ensure adequate implementation of
the management plan;
(iii) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if implemented, would adequately protect, enhance, interpret,
fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources
of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal land under
public land laws or land use plans;
(v) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the plan;
(vi) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective
implementation of the State, tribal, and local elements
of the management plan; and
(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal,
State, tribal, and local governments, regional planning
organizations, nonprofit organizations, or private sector
parties for implementation of the management plan.
(C) DISAPPROVAL.—
(i) IN GENERAL.—If the Secretary disapproves the
management plan, the Secretary—
(I) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(II) may make recommendations to the local
coordinating entity for revisions to the management plan.
(ii) DEADLINE.—Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(D) AMENDMENTS.—
(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of
the Heritage Area shall be reviewed by the Secretary
and approved or disapproved in the same manner as
the original management plan.
(ii) IMPLEMENTATION.—The local coordinating
entity shall not use Federal funds authorized to be
appropriated by this section to implement an amendment to the management plan until the Secretary
approves the amendment.
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123 STAT. 1245
(E) AUTHORITIES.—The Secretary may—
(i) provide technical assistance under this section
for the development and implementation of the
management plan; and
(ii) enter into cooperative agreements with
interested parties to carry out this section.
(e) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) TECHNICAL AND FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide financial assistance and, on a reimbursable or nonreimbursable basis,
technical assistance to the local coordinating entity to
develop and implement the management plan.
(B) COOPERATIVE AGREEMENTS.—The Secretary may
enter into cooperative agreements with the local coordinating entity and other public or private entities to provide
technical or financial assistance under subparagraph (A).
(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes
of the Heritage Area.
(3) CONSULTATION AND COORDINATION.—To the maximum
extent practicable, the head of any Federal agency planning
to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(4) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies or alters any laws (including regulations)
authorizing a Federal agency to manage Federal land under
the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(f) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to—
(A) permit public access (including access by Federal,
State, or local agencies) to the property of the property
owner; or
(B) modify public access to, or use of, the property
of the property owner under any other Federal, State,
or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, tribal, or local agency;
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PUBLIC LAW 111–11—MAR. 30, 2009
(4) conveys any land use or other regulatory authority
to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
(g) EVALUATION; REPORT.—
(1) IN GENERAL.—Not later than 3 years before the date
on which authority for Federal funding terminates for the Heritage Area under subsection (i), the Secretary shall—
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the local coordinating entity
with respect to—
(i) accomplishing the purposes of this section for
the Heritage Area; and
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3) REPORT.—
(A) IN GENERAL.—Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to the
Heritage Area.
(B) REQUIRED ANALYSIS.—If the report prepared under
subparagraph (A) recommends that Federal funding for
the Heritage Area be reauthorized, the report shall include
an analysis of—
(i) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(C) SUBMISSION TO CONGRESS.—On completion of the
report, the Secretary shall submit the report to—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
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(2) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The Federal share of the total cost
of any activity under this section shall be not more than
50 percent.
(B) FORM.—The non-Federal contribution may be in
the form of in-kind contributions of goods or services fairly
valued.
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary
to provide assistance under this section terminates on the date
that is 15 years after the date of enactment of this Act.
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SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND.
16 USC 461 note.
(a) DEFINITIONS.—In this section:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Baltimore National Heritage Area, established by subsection
(b)(1).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by subsection (b)(4).
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area required
under subsection (c)(1)(A).
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Baltimore National Heritage Area’’, numbered T10/80,000, and dated
October 2007.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means the State of Maryland.
(b) BALTIMORE NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—There is established the Baltimore
National Heritage Area in the State.
(2) BOUNDARIES.—The Heritage Area shall be comprised
of the following areas, as described on the map:
(A) The area encompassing the Baltimore City Heritage
Area certified by the Maryland Heritage Areas Authority
in October 2001 as part of the Baltimore City Heritage
Area Management Action Plan.
(B) The Mount Auburn Cemetery.
(C) The Cylburn Arboretum.
(D) The Middle Branch of the Patapsco River and
surrounding shoreline, including—
(i) the Cruise Maryland Terminal;
(ii) new marina construction;
(iii) the National Aquarium Aquatic Life Center;
(iv) the Westport Redevelopment;
(v) the Gwynns Falls Trail;
(vi) the Baltimore Rowing Club; and
(vii) the Masonville Cove Environmental Center.
(3) AVAILABILITY OF MAP.—The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the Baltimore Heritage Area
Association.
(4) LOCAL COORDINATING ENTITY.—The Baltimore Heritage
Area Association shall be the local coordinating entity for the
Heritage Area.
(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING
ENTITY.—
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(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating
entity shall—
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage
Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by—
(i) carrying out programs and projects that recognize, protect, and enhance important resource values
within the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources
of the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
the themes of the Heritage Area;
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area; and
(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the purposes of the Heritage Area;
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the
Heritage Area in the preparation and implementation of
the management plan;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation
of the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying—
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the
fiscal year;
(F) make available for audit for each fiscal year for
which the local coordinating entity receives Federal funds
under this section, all information pertaining to the
expenditure of the funds and any matching funds;
(G) require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds;
and
Management
plan.
Public
information.
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Records.
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(H) encourage, by appropriate means, economic
development that is consistent with the purposes of the
Heritage Area.
(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes
of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants to the State, political subdivisions
of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law
or program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and
are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The
local coordinating entity may not use Federal funds received
under this section to acquire any interest in real property.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to develop the management
plan, the local coordinating entity shall submit to the Secretary
for approval a proposed management plan for the Heritage
Area.
(2) REQUIREMENTS.—The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies,
and recommendations for telling the story of the heritage
of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management,
and development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) include a description of actions and commitments
that governments, private organizations, and citizens plan
to take to protect, enhance, and interpret the natural,
historic, scenic, and cultural resources of the Heritage Area;
(D) specify existing and potential sources of funding
or economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(E) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the
Heritage Area relating to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(F) recommend policies and strategies for resource
management including, the development of intergovernmental and interagency agreements to protect the natural,
historic, cultural, educational, scenic, and recreational
resources of the Heritage Area;
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(G) describe a program for implementation of the
management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement,
and interpretation; and
(iii) specific commitments for implementation that
have been made by the local coordinating entity or
any government, organization, business, or individual;
(H) include an analysis of, and recommendations for,
ways in which Federal, State, tribal, and local programs
may best be coordinated (including the role of the National
Park Service and other Federal agencies associated with
the Heritage Area) to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area;
and
(J) include a business plan that—
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities described in the management
plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the Heritage Area.
(3) TERMINATION OF FUNDING.—If the management plan
is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional
financial assistance under this section until the management
plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN.—
(A) REVIEW.—Not later than 180 days after the date
on which the Secretary receives the management plan,
the Secretary shall approve or disapprove the management
plan.
(B) CONSULTATION REQUIRED.—The Secretary shall
consult with the Governor of the State and any tribal
government in which the Heritage Area is located before
approving the management plan.
(C) CRITERIA FOR APPROVAL.—In determining whether
to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public
meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation
strategies described in the management plan, if implemented, would adequately protect the natural, historic,
and cultural resources of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal or tribal
land under applicable laws or land use plans;
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(v) the Secretary has received adequate assurances
from the appropriate State, tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, tribal, and local aspects
of the management plan; and
(vi) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the management plan.
(D) ACTION FOLLOWING DISAPPROVAL.—
(i) IN GENERAL.—If the Secretary disapproves the
management plan, the Secretary—
(I) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(II) may make recommendations to the local
coordinating entity for revisions to the management plan.
(ii) DEADLINE.—Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) AMENDMENTS.—
(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of
the Heritage Area shall be reviewed by the Secretary
and approved or disapproved in the same manner as
the original management plan.
(ii) IMPLEMENTATION.—The local coordinating
entity shall not use Federal funds authorized to be
appropriated by this section to implement an amendment to the management plan until the Secretary
approves the amendment.
(e) DUTIES AND AUTHORITIES OF THE SECRETARY.—
(1) TECHNICAL AND FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and
financial assistance, on a reimbursable or nonreimbursable
basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management
plan.
(B) COOPERATIVE AGREEMENTS.—The Secretary may
enter into cooperative agreements with the local coordinating entity and other public or private entities to provide
technical or financial assistance under subparagraph (A).
(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant natural, historic, cultural, and scenic resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes
of the Heritage Area.
(2) EVALUATION; REPORT.—
(A) IN GENERAL.—Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (i), the Secretary
shall—
(i) conduct an evaluation of the accomplishments
of the Heritage Area; and
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PUBLIC LAW 111–11—MAR. 30, 2009
(ii) prepare a report with recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area, in accordance with
subparagraph (C).
(B) EVALUATION.—An evaluation conducted under
subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating
entity with respect to—
(I) accomplishing the purposes of this section
for the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) REPORT.—
(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall
prepare a report that includes recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS.—If the report prepared
under this subparagraph recommends that Federal
funding for the Heritage Area be reauthorized, the
report shall include an analysis of—
(I) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS.—On completion of
a report under this subparagraph, the Secretary shall
submit the report to—
(I) the Committee on Energy and Natural
Resources of the Senate; and
(II) the Committee on Natural Resources of
the House of Representatives.
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) CONSULTATION AND COORDINATION.—To the maximum
extent practicable, the head of any Federal agency planning
to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
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(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(g) PROPERTY OWNERS AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to—
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any Federal,
State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority
to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The Federal share of the total cost
of any activity under this section shall be not more than
50 percent.
(B) FORM.—The non-Federal contribution—
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions
of goods or services fairly valued.
(i) TERMINATION OF EFFECTIVENESS.—The authority of the Secretary to provide assistance under this section terminates on the
date that is 15 years after the date of enactment of this Act.
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SEC. 8006. FREEDOM’S WAY NATIONAL HERITAGE AREA, MASSACHUSETTS AND NEW HAMPSHIRE.
16 USC 461 note.
(a) PURPOSES.—The purposes of this section are—
(1) to foster a close working relationship between the Secretary and all levels of government, the private sector, and
local communities in the States of Massachusetts and New
Hampshire;
(2) to assist the entities described in paragraph (1) to
preserve the special historic identity of the Heritage Area;
and
(3) to manage, preserve, protect, and interpret the cultural,
historic, and natural resources of the Heritage Area for the
educational and inspirational benefit of future generations.
(b) DEFINITIONS.—In this section:
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Management
plan.
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(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Freedom’s Way National Heritage Area established by subsection (c)(1).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by subsection (c)(4).
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area required
under subsection (d)(1)(A).
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Freedom’s Way National Heritage Area’’, numbered T04/80,000, and
dated July 2007.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(c) ESTABLISHMENT.—
(1) IN GENERAL.—There is established the Freedom’s Way
National Heritage Area in the States of Massachusetts and
New Hampshire.
(2) BOUNDARIES.—
(A) IN GENERAL.—The boundaries of the Heritage Area
shall be as generally depicted on the map.
(B) REVISION.—The boundaries of the Heritage Area
may be revised if the revision is—
(i) proposed in the management plan;
(ii) approved by the Secretary in accordance with
subsection (e)(4); and
(iii) placed on file in accordance with paragraph
(3).
(3) AVAILABILITY OF MAP.—The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and the local coordinating entity.
(4) LOCAL COORDINATING ENTITY.—The Freedom’s Way
Heritage Association, Inc., shall be the local coordinating entity
for the Heritage Area.
(d) DUTIES AND AUTHORITIES OF LOCAL COORDINATING
ENTITY.—
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating
entity shall—
(A) prepare, and submit to the Secretary, in accordance
with subsection (e), a management plan for the Heritage
Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by—
(i) carrying out programs and projects that recognize and protect important resource values within the
Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, natural, historic, and cultural resources of
the Heritage Area;
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(v) protecting and restoring historic buildings in
the Heritage Area that are consistent with the themes
of the Heritage Area; and
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area;
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the
Heritage Area in the preparation and implementation of
the management plan;
(D) conduct meetings open to the public at least quarterly regarding the development and implementation of
the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying—
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the
fiscal year;
(F) make available for audit for each fiscal year for
which the local coordinating entity receives Federal funds
under this section, all information pertaining to the
expenditure of the funds and any matching funds;
(G) require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds;
and
(H) encourage, by appropriate means, economic
development that is consistent with the purposes of the
Heritage Area.
(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes
of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants to the States of Massachusetts and
New Hampshire, political subdivisions of the States, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the States of Massachusetts and
New Hampshire, political subdivisions of the States, nonprofit organizations, Federal agencies, and other interested
parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law
or program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and
are consistent with the approved management plan.
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information.
Deadlines.
Deadline.
Reports.
Records.
Records.
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(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The
local coordinating entity may not use Federal funds received
under this section to acquire any interest in real property.
(4) USE OF FUNDS FOR NON-FEDERAL PROPERTY.—The local
coordinating entity may use Federal funds made available
under this section to assist non-Federal property that is—
(A) described in the management plan; or
(B) listed, or eligible for listing, on the National Register of Historic Places.
(e) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to develop the management
plan, the local coordinating entity shall submit to the Secretary
for approval a proposed management plan for the Heritage
Area.
(2) REQUIREMENTS.—The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies,
and recommendations for the conservation, funding,
management, and development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) provide a framework for coordination of the plans
considered under subparagraph (B) to present a unified
historic preservation and interpretation plan;
(D) contain the contributions of residents, public agencies, and private organizations within the Heritage Area;
(E) include a description of actions and commitments
that governments, private organizations, and citizens plan
to take to protect, enhance, and interpret the natural,
historic, scenic, and cultural resources of the Heritage Area;
(F) specify existing and potential sources of funding
or economic development strategies to conserve, manage,
and develop the Heritage Area;
(G) include an inventory of the natural, historic, and
recreational resources of the Heritage Area, including a
list of properties that—
(i) are related to the themes of the Heritage Area;
and
(ii) should be conserved, restored, managed, developed, or maintained;
(H) recommend policies and strategies for resource
management that—
(i) apply appropriate land and water management
techniques;
(ii) include the development of intergovernmental
and interagency agreements to protect the natural,
historic, and cultural resources of the Heritage Area;
and
(iii) support economic revitalization efforts;
(I) describe a program for implementation of the
management plan, including—
(i) restoration and construction plans or goals;
(ii) a program of public involvement;
(iii) annual work plans; and
(iv) annual reports;
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(J) include an analysis of, and recommendations for,
ways in which Federal, State, tribal, and local programs
may best be coordinated (including the role of the National
Park Service and other Federal agencies associated with
the Heritage Area) to further the purposes of this section;
(K) include an interpretive plan for the Heritage Area;
and
(L) include a business plan that—
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities described in the management
plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the Heritage Area.
(3) TERMINATION OF FUNDING.—If the management plan
is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional
financial assistance under this section until the management
plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN.—
(A) REVIEW.—Not later than 180 days after the date
on which the Secretary receives the management plan,
the Secretary shall approve or disapprove the management
plan.
(B) CRITERIA FOR APPROVAL.—In determining whether
to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public
meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation
strategies described in the management plan, if implemented, would adequately protect the natural, historic,
and cultural resources of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal or tribal
land under applicable laws or land use plans;
(v) the Secretary has received adequate assurances
from the appropriate State, tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, tribal, and local aspects
of the management plan; and
(vi) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the management plan.
(C) ACTION FOLLOWING DISAPPROVAL.—
(i) IN GENERAL.—If the Secretary disapproves the
management plan, the Secretary—
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(I) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(II) may make recommendations to the local
coordinating entity for revisions to the management plan.
(ii) DEADLINE.—Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(D) AMENDMENTS.—
(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of
the Heritage Area shall be reviewed by the Secretary
and approved or disapproved in the same manner as
the original management plan.
(ii) IMPLEMENTATION.—The local coordinating
entity shall not use Federal funds authorized to be
appropriated by this section to implement an amendment to the management plan until the Secretary
approves the amendment.
(f) DUTIES AND AUTHORITIES OF THE SECRETARY.—
(1) TECHNICAL AND FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and
financial assistance, on a reimbursable or nonreimbursable
basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management
plan.
(B) COOPERATIVE AGREEMENTS.—The Secretary may
enter into cooperative agreements with the local coordinating entity and other public or private entities to provide
technical or financial assistance under subparagraph (A).
(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant natural, historic, and
cultural resources of the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes
of the Heritage Area.
(2) EVALUATION; REPORT.—
(A) IN GENERAL.—Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (j), the Secretary
shall—
(i) conduct an evaluation of the accomplishments
of the Heritage Area; and
(ii) prepare a report with recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area, in accordance with
subparagraph (C).
(B) EVALUATION.—An evaluation conducted under
subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating
entity with respect to—
(I) accomplishing the purposes of this section
for the Heritage Area; and
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(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) REPORT.—
(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall
prepare a report that includes recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS.—If the report prepared
under this subparagraph recommends that Federal
funding for the Heritage Area be reauthorized, the
report shall include an analysis of—
(I) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS.—On completion of
a report under this subparagraph, the Secretary shall
submit the report to—
(I) the Committee on Energy and Natural
Resources of the Senate; and
(II) the Committee on Natural Resources of
the House of Representatives.
(g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) CONSULTATION AND COORDINATION.—To the maximum
extent practicable, the head of any Federal agency planning
to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(h) PROPERTY OWNERS AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to—
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
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(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any Federal,
State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority
to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the States of Massachusetts
and New Hampshire to manage fish and wildlife, including
the regulation of fishing and hunting within the Heritage Area;
or
(7) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) AVAILABILITY.—Funds made available under paragraph
(1) shall remain available until expended.
(3) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The Federal share of the total cost
of any activity under this section shall be not more than
50 percent.
(B) FORM.—The non-Federal contribution may be in
the form of in-kind contributions of goods or services fairly
valued.
(j) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of
the Secretary to provide financial assistance under this section
terminates on the date that is 15 years after the date of enactment
of this Act.
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16 USC 461 note.
SEC. 8007. MISSISSIPPI HILLS NATIONAL HERITAGE AREA.
(a) DEFINITIONS.—In this section:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Mississippi Hills National Heritage Area established by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for Heritage
Area designated by subsection (b)(3)(A).
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area required
under subsection (c)(1)(A).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—The term ‘‘State’’ means the State of Mississippi.
(b) MISSISSIPPI HILLS NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—There is established the Mississippi
Hills National Heritage Area in the State.
(2) BOUNDARIES.—
(A) AFFECTED COUNTIES.—The Heritage Area shall consist of all, or portions of, as specified by the boundary
description in subparagraph (B), Alcorn, Attala, Benton,
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1261
Calhoun, Carroll, Chickasaw, Choctaw, Clay, DeSoto, Grenada, Holmes, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola,
Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster, Winston, and Yalobusha Counties in the State.
(B) BOUNDARY DESCRIPTION.—The Heritage Area shall
have the following boundary description:
(i) traveling counterclockwise, the Heritage Area
shall be bounded to the west by U.S. Highway 51
from the Tennessee State line until it intersects Interstate 55 (at Geeslin Corner approximately 1⁄2 mile due
north of Highway Interchange 208);
(ii) from this point, Interstate 55 shall be the
western boundary until it intersects with Mississippi
Highway 12 at Highway Interchange 156, the intersection of which shall be the southwest terminus of the
Heritage Area;
(iii) from the southwest terminus, the boundary
shall—
(I) extend east along Mississippi Highway 12
until it intersects U.S. Highway 51;
(II) follow Highway 51 south until it is intersected again by Highway 12;
(III) extend along Highway 12 into downtown
Kosciusko where it intersects Mississippi Highway
35;
(IV) follow Highway 35 south until it is intersected by Mississippi Highway 14; and
(V) extend along Highway 14 until it reaches
the Alabama State line, the intersection of which
shall be the southeast terminus of the Heritage
Area;
(iv) from the southeast terminus, the boundary
of the Heritage Area shall follow the Mississippi-Alabama State line until it reaches the Mississippi-Tennessee State line, the intersection of which shall be
the northeast terminus of the Heritage Area; and
(v) the boundary shall extend due west until it
reaches U.S. Highway 51, the intersection of which
shall be the northwest terminus of the Heritage Area.
(3) LOCAL COORDINATING ENTITY.—
(A) IN GENERAL.—The local coordinating entity for the
Heritage Area shall be the Mississippi Hills Heritage Area
Alliance, a nonprofit organization registered by the State,
with the cooperation and support of the University of Mississippi.
(B) BOARD OF DIRECTORS.—
(i) IN GENERAL.—The local coordinating entity shall
be governed by a Board of Directors comprised of not
more than 30 members.
(ii) COMPOSITION.—Members of the Board of Directors shall consist of—
(I) not more than 1 representative from each
of the counties described in paragraph (2)(A); and
(II) any ex-officio members that may be
appointed by the Board of Directors, as the Board
of Directors determines to be necessary.
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Management
plan.
Public
information.
Deadline.
Deadline.
Reports.
Records.
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(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING
ENTITY.—
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating
entity shall—
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage
Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by—
(i) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(ii) developing recreational opportunities in the
Heritage Area;
(iii) increasing public awareness of, and appreciation for, natural, historical, cultural, archaeological,
and recreational resources of the Heritage Area;
(iv) restoring historic sites and buildings in the
Heritage Area that are consistent with the themes
of the Heritage Area; and
(v) carrying out any other activity that the local
coordinating entity determines to be consistent with
this section;
(C) conduct meetings open to the public at least
annually regarding the development and implementation
of the management plan;
(D) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying—
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the
fiscal year;
(E) make available for audit for each fiscal year for
which the local coordinating entity receives Federal funds
under this section, all information pertaining to the
expenditure of the funds and any matching funds;
(F) require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds;
and
(G) ensure that each county included in the Heritage
Area is appropriately represented on any oversight advisory
committee established under this section to coordinate the
Heritage Area.
(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes
of preparing and implementing the management plan, use Federal funds made available under this section to—
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123 STAT. 1263
(A) make grants and loans to the State, political subdivisions of the State, nonprofit organizations, and other
persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, and other organizations;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law
or program; and
(E) contract for goods or services.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The
local coordinating entity may not use Federal funds received
under this section to acquire any interest in real property.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to develop the management
plan, the local coordinating entity shall submit to the Secretary
for approval a proposed management plan for the Heritage
Area.
(2) REQUIREMENTS.—The management plan for the Heritage Area shall—
(A) provide recommendations for the preservation, conservation, enhancement, funding, management, interpretation, development, and promotion of the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area;
(B) specify existing and potential sources of funding
or economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(C) include—
(i) an inventory of the natural, historical, cultural,
archaeological, and recreational resources of the Heritage Area; and
(ii) an analysis of how Federal, State, tribal, and
local programs may best be coordinated to promote
and carry out this section;
(D) provide recommendations for educational and
interpretive programs to provide information to the public
on the resources of the Heritage Area; and
(E) involve residents of affected communities and tribal
and local governments.
(3) TERMINATION OF FUNDING.—If the management plan
is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN.—
(A) REVIEW.—Not later than 180 days after the date
on which the Secretary receives the management plan,
the Secretary shall approve or disapprove the management
plan.
(B) CONSULTATION REQUIRED.—The Secretary shall
consult with the Governor of the State and any tribal
government in which the Heritage Area is located before
approving the management plan.
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(C) CRITERIA FOR APPROVAL.—In determining whether
to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historical resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public
meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation
strategies described in the management plan, if implemented, would adequately protect the natural, historical, cultural, archaeological, and recreational resources
of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal or tribal
land under applicable laws or land use plans;
(v) the Secretary has received adequate assurances
from the appropriate State, tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, tribal, and local aspects
of the management plan; and
(vi) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the management plan.
(D) ACTION FOLLOWING DISAPPROVAL.—
(i) IN GENERAL.—If the Secretary disapproves the
management plan, the Secretary—
(I) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(II) may make recommendations to the local
coordinating entity for revisions to the management plan.
(ii) DEADLINE.—Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) REVIEW; AMENDMENTS.—
(i) IN GENERAL.—After approval by the Secretary
of the management plan, the Alliance shall periodically—
(I) review the management plan; and
(II) submit to the Secretary, for review and
approval by the Secretary, any recommendations
for revisions to the management plan.
(ii) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of
the Heritage Area shall be reviewed by the Secretary
and approved or disapproved in the same manner as
the original management plan.
(iii) IMPLEMENTATION.—The local coordinating
entity shall not use Federal funds authorized to be
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1265
appropriated by this section to implement an amendment to the management plan until the Secretary
approves the amendment.
(e) DUTIES AND AUTHORITIES OF THE SECRETARY.—
(1) TECHNICAL AND FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and
financial assistance, on a reimbursable or nonreimbursable
basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management
plan.
(B) COOPERATIVE AGREEMENTS.—The Secretary may
enter into cooperative agreements with the local coordinating entity and other public or private entities to provide
technical or financial assistance under subparagraph (A).
(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant natural, historical,
cultural, archaeological, and recreational resources of
the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes
of the Heritage Area.
(2) EVALUATION; REPORT.—
(A) IN GENERAL.—Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (i), the Secretary
shall—
(i) conduct an evaluation of the accomplishments
of the Heritage Area; and
(ii) prepare a report with recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area, in accordance with
subparagraph (C).
(B) EVALUATION.—An evaluation conducted under
subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating
entity with respect to—
(I) accomplishing the purposes of this section
for the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) REPORT.—
(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall
prepare a report that includes recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS.—If the report prepared
under this subparagraph recommends that Federal
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123 STAT. 1266
PUBLIC LAW 111–11—MAR. 30, 2009
funding for the Heritage Area be reauthorized, the
report shall include an analysis of—
(I) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS.—On completion of
a report under this subparagraph, the Secretary shall
submit the report to—
(I) the Committee on Energy and Natural
Resources of the Senate; and
(II) the Committee on Natural Resources of
the House of Representatives.
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) CONSULTATION AND COORDINATION.—To the maximum
extent practicable, the head of any Federal agency planning
to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(g) EFFECT.—
(1) PROPERTY OWNERS AND REGULATORY PROTECTIONS.—
Nothing in this section—
(A) abridges the rights of any owner of public or private
property, including the right to refrain from participating
in any plan, project, program, or activity conducted within
the Heritage Area;
(B) requires any property owner to—
(i) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(ii) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of
private land;
(C) alters any duly adopted land use regulations,
approved land use plan, or any other regulatory authority
of any Federal, State, or local agency, or tribal government;
(D) conveys any land use or other regulatory authority
to the local coordinating entity;
(E) authorizes or implies the reservation or appropriation of water or water rights;
(F) diminishes the authority of the State to manage
fish and wildlife, including the regulation of fishing and
hunting within the Heritage Area; or
(G) creates any liability, or affects any liability under
any other law, of any private property owner with respect
to any person injured on the private property.
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123 STAT. 1267
(2) NO EFFECT ON INDIAN TRIBES.—Nothing in this section—
(A) restricts an Indian tribe from protecting cultural
or religious sites on tribal land; or
(B) diminishes the trust responsibilities or governmentto-government obligations of the United States to any
Indian tribe recognized by the Federal Government.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until expended.
(3) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The Federal share of the total cost
of any activity under this section shall be not more than
50 percent.
(B) FORM.—The non-Federal contribution—
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions
of goods or services fairly valued.
(i) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of
the Secretary to provide financial assistance under this section
terminates on the date that is 15 years after the date of enactment
of this Act.
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SEC. 8008. MISSISSIPPI DELTA NATIONAL HERITAGE AREA.
16 USC 461 note.
(a) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the local coordinating entity.
(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Mississippi Delta National Heritage Area established by subsection (b)(1).
(3) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by subsection (b)(4)(A).
(4) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area developed
under subsection (d).
(5) MAP.—The term ‘‘map’’ means the map entitled ‘‘Mississippi Delta National Heritage Area’’, numbered T13/80,000,
and dated April 2008.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(7) STATE.—The term ‘‘State’’ means the State of Mississippi.
(b) ESTABLISHMENT.—
(1) ESTABLISHMENT.—There is established in the State the
Mississippi Delta National Heritage Area.
(2) BOUNDARIES.—The Heritage Area shall include all counties in the State that contain land located in the alluvial
floodplain of the Mississippi Delta, including Bolivar, Carroll,
Coahoma, Desoto, Holmes, Humphreys, Issaquena, Leflore,
Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tate,
Tunica, Warren, Washington, and Yazoo Counties in the State,
as depicted on the map.
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123 STAT. 1268
PUBLIC LAW 111–11—MAR. 30, 2009
(3) AVAILABILITY OF MAP.—The map shall be on file and
available for public inspection in the office of the Director
of the National Park Service.
(4) LOCAL COORDINATING ENTITY.—
(A) DESIGNATION.—The Mississippi Delta National
Heritage Area Partnership shall be the local coordinating
entity for the Heritage Area.
(B) BOARD OF DIRECTORS.—
(i) COMPOSITION.—
(I) IN GENERAL.—The local coordinating entity
shall be governed by a Board of Directors composed
of 15 members, of whom—
(aa) 1 member shall be appointed by Delta
State University;
(bb) 1 member shall be appointed by Mississippi Valley State University;
(cc) 1 member shall be appointed by
Alcorn State University;
(dd) 1 member shall be appointed by the
Delta Foundation;
(ee) 1 member shall be appointed by the
Smith Robertson Museum;
(ff) 1 member shall be appointed from the
office of the Governor of the State;
(gg) 1 member shall be appointed by Delta
Council;
(hh) 1 member shall be appointed from
the Mississippi Arts Commission;
(ii) 1 member shall be appointed from the
Mississippi Department of Archives and History;
(jj) 1 member shall be appointed from the
Mississippi Humanities Council; and
(kk) up to 5 additional members shall be
appointed for staggered 1- and 2-year terms
by County boards in the Heritage Area.
(II) RESIDENCY REQUIREMENTS.—At least 7
members of the Board shall reside in the Heritage
Area.
(ii) OFFICERS.—
(I) IN GENERAL.—At the initial meeting of the
Board, the members of the Board shall appoint
a Chairperson, Vice Chairperson, and Secretary/
Treasurer.
(II) DUTIES.—
(aa) CHAIRPERSON.—The duties of the
Chairperson shall include—
(AA) presiding over meetings of the
Board;
(BB) executing documents of the
Board; and
(CC) coordinating activities of the
Heritage Area with Federal, State, local,
and nongovernmental officials.
(bb) VICE CHAIRPERSON.—The Vice Chairperson shall act as Chairperson in the absence
or disability of the Chairperson.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1269
(iii) MANAGEMENT AUTHORITY.—
(I) IN GENERAL.—The Board shall—
(aa) exercise all corporate powers of the
local coordinating entity;
(bb) manage the activities and affairs of
the local coordinating entity; and
(cc) subject to any limitations in the articles and bylaws of the local coordinating
entity, this section, and any other applicable
Federal or State law, establish the policies
of the local coordinating entity.
(II) STAFF.—The Board shall have the
authority to employ any services and staff that
are determined to be necessary by a majority vote
of the Board.
(iv) BYLAWS.—
(I) IN GENERAL.—The Board may amend or
repeal the bylaws of the local coordinating entity
at any meeting of the Board by a majority vote
of the Board.
(II) NOTICE.—The Board shall provide notice
of any meeting of the Board at which an amendment to the bylaws is to be considered that
includes the text or a summary of the proposed
amendment.
(v) MINUTES.—Not later than 60 days after a
meeting of the Board, the Board shall distribute the
minutes of the meeting among all Board members and
the county supervisors in each county within the Heritage Area.
(c) DUTIES AND AUTHORITIES OF LOCAL COORDINATING
ENTITY.—
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating
entity shall—
(A) prepare, and submit to the Secretary, in accordance
with subsection (d), a management plan for the Heritage
Area;
(B) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by—
(i) carrying out programs and projects that recognize, protect, and enhance important resource values
within the Heritage Area;
(ii) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(iii) developing recreational and educational
opportunities in the Heritage Area;
(iv) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources
of the Heritage Area;
(v) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
the themes of the Heritage Area;
(vi) ensuring that signs identifying points of public
access and sites of interest are posted throughout the
Heritage Area; and
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(vii) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the purposes of the Heritage Area;
(C) consider the interests of diverse units of government, businesses, organizations, and individuals in the
Heritage Area in the preparation and implementation of
the management plan;
(D) conduct meetings open to the public at least semiannually regarding the development and implementation
of the management plan;
(E) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying—
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the
fiscal year;
(F) make available for audit for each fiscal year for
which the local coordinating entity receives Federal funds
under this section, all information pertaining to the
expenditure of the funds and any matching funds;
(G) require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for audit all records and other
information pertaining to the expenditure of the funds;
and
(H) encourage, by appropriate means, economic
development that is consistent with the purposes of the
Heritage Area.
(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes
of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants to the State, political subdivisions
of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law
or program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and
are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The
local coordinating entity may not use Federal funds received
under this section to acquire any interest in real property.
(d) MANAGEMENT PLAN.—
Public
information.
Deadlines.
Deadline.
Reports.
Records.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1271
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to develop the management
plan, the local coordinating entity shall submit to the Secretary
for approval a proposed management plan for the Heritage
Area.
(2) REQUIREMENTS.—The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies,
and recommendations for telling the story of the heritage
of the region and encouraging long-term resource protection, enhancement, interpretation, funding, management,
and development of the Heritage Area;
(B) take into consideration existing State, county, and
local plans in the development and implementation of the
management plan;
(C) include a description of actions and commitments
that governments, private organizations, and citizens plan
to take to protect, enhance, and interpret the cultural,
historical, archaeological, natural, and recreational
resources of the Heritage Area;
(D) specify existing and potential sources of funding
or economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(E) include an inventory of the cultural, historical,
archaeological, natural, and recreational resources of the
Heritage Area relating to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(F) recommend policies and strategies for resource
management including, the development of intergovernmental and interagency agreements to protect the natural,
historic, cultural, educational, scenic, and recreational
resources of the Heritage Area;
(G) describe a program for implementation of the
management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement,
and interpretation; and
(iii) specific commitments for implementation that
have been made by the local coordinating entity or
any government, organization, business, or individual;
(H) include an analysis of, and recommendations for,
ways in which Federal, State, tribal, and local programs
may best be coordinated (including the role of the National
Park Service and other Federal agencies associated with
the Heritage Area) to further the purposes of this section;
(I) include an interpretive plan for the Heritage Area;
and
(J) include a business plan that—
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities described in the management
plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the Heritage Area.
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(3) TERMINATION OF FUNDING.—If the management plan
is not submitted to the Secretary in accordance with this subsection, the local coordinating entity shall not qualify for additional financial assistance under this section until the management plan is submitted to, and approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN.—
(A) REVIEW.—Not later than 180 days after the date
on which the Secretary receives the management plan,
the Secretary shall approve or disapprove the management
plan.
(B) CONSULTATION REQUIRED.—The Secretary shall
consult with the Governor of the State and any tribal
government in which the Heritage Area is located before
approving the management plan.
(C) CRITERIA FOR APPROVAL.—In determining whether
to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(ii) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including through workshops and public
meetings) in the preparation of the management plan;
(iii) the resource protection and interpretation
strategies described in the management plan, if implemented, would adequately protect the cultural, historical, archaeological, natural, and recreational resources
of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal or tribal
land under applicable laws or land use plans;
(v) the Secretary has received adequate assurances
from the appropriate State, tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, tribal, and local aspects
of the management plan; and
(vi) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the management plan.
(D) ACTION FOLLOWING DISAPPROVAL.—
(i) IN GENERAL.—If the Secretary disapproves the
management plan, the Secretary—
(I) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(II) may make recommendations to the local
coordinating entity for revisions to the management plan.
(ii) DEADLINE.—Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) AMENDMENTS.—
(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of
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the Heritage Area shall be reviewed by the Secretary
and approved or disapproved in the same manner as
the original management plan.
(ii) IMPLEMENTATION.—The local coordinating
entity shall not use Federal funds authorized to be
appropriated by this section to implement an amendment to the management plan until the Secretary
approves the amendment.
(e) DUTIES AND AUTHORITIES OF THE SECRETARY.—
(1) TECHNICAL AND FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and
financial assistance, on a reimbursable or nonreimbursable
basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management
plan.
(B) COOPERATIVE AGREEMENTS.—The Secretary may
enter into cooperative agreements with the local coordinating entity and other public or private entities to provide
technical or financial assistance under subparagraph (A).
(C) PRIORITY.—In assisting the Heritage Area, the Secretary shall give priority to actions that assist in—
(i) conserving the significant cultural, historical,
archaeological, natural, and recreational resources of
the Heritage Area; and
(ii) providing educational, interpretive, and recreational opportunities consistent with the purposes
of the Heritage Area.
(D) PROHIBITION OF CERTAIN REQUIREMENTS.—The Secretary may not, as a condition of the provision of technical
or financial assistance under this subsection, require any
recipient of the assistance to impose or modify any land
use restriction or zoning ordinance.
(2) EVALUATION; REPORT.—
(A) IN GENERAL.—Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (i), the Secretary
shall—
(i) conduct an evaluation of the accomplishments
of the Heritage Area; and
(ii) prepare a report with recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area, in accordance with
subparagraph (C).
(B) EVALUATION.—An evaluation conducted under
subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating
entity with respect to—
(I) accomplishing the purposes of this section
for the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the
leverage and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
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PUBLIC LAW 111–11—MAR. 30, 2009
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) REPORT.—
(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall
prepare a report that includes recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS.—If the report prepared
under this subparagraph recommends that Federal
funding for the Heritage Area be reauthorized, the
report shall include an analysis of—
(I) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS.—On completion of
a report under this subparagraph, the Secretary shall
submit the report to—
(I) the Committee on Energy and Natural
Resources of the Senate; and
(II) the Committee on Natural Resources of
the House of Representatives.
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) CONSULTATION AND COORDINATION.—To the maximum
extent practicable, the head of any Federal agency planning
to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(g) PROPERTY OWNERS AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to—
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any Federal,
State, or local agency, or tribal government;
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(4) conveys any land use or other regulatory authority
to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area;
(7) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property;
(8) restricts an Indian tribe from protecting cultural or
religious sites on tribal land; or
(9) diminishes the trust responsibilities of government-togovernment obligations of the United States of any federally
recognized Indian tribe.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The Federal share of the total cost
of any activity under this section shall be not more than
50 percent.
(B) FORM.—The non-Federal contribution—
(i) shall be from non-Federal sources; and
(ii) may be in the form of in-kind contributions
of goods or services fairly valued.
(i) TERMINATION OF FINANCIAL ASSISTANCE.—The authority of
the Secretary to provide financial assistance under this section
terminates on the date that is 15 years after the date of enactment
of this Act.
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SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.
16 USC 461 note.
(a) PURPOSES.—The purposes of this section are—
(1) to preserve, support, conserve, and interpret the legacy
of the region represented by the Heritage Area as described
in the feasibility study prepared by the National Park Service;
(2) to promote heritage, cultural, and recreational tourism,
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key developments in the
growth of the United States, including the Native American,
Colonial American, European American, and African American
heritage;
(4) to recognize and interpret the manner by which the
distinctive geography of the region has shaped the development
of the settlement, defense, transportation, commerce, and culture of the region;
(5) to provide a cooperative management framework to
foster a close working relationship with all levels of government,
the private sector, and the local communities in the region
to identify, preserve, interpret, and develop the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and
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Designation.
Management
plan.
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(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.
(b) DEFINITIONS.—In this section:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Muscle Shoals National Heritage Area established by subsection (c)(1).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Muscle Shoals Regional Center, the
local coordinating entity for the Heritage Area designated by
subsection (c)(4).
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the plan for the Heritage Area required under subsection
(d)(1)(A).
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Muscle
Shoals National Heritage Area’’, numbered T08/80,000, and
dated October 2007.
(5) STATE.—The term ‘‘State’’ means the State of Alabama.
(c) ESTABLISHMENT.—
(1) IN GENERAL.—There is established the Muscle Shoals
National Heritage Area in the State.
(2) BOUNDARIES.—The Heritage Area shall be comprised
of the following areas, as depicted on the map:
(A) The Counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan, Alabama.
(B) The Wilson Dam.
(C) The Handy Home.
(D) The birthplace of Helen Keller.
(3) AVAILABILITY MAP.—The map shall be on file and available for public inspection in the appropriate offices of the
National Park Service and the local coordinating entity.
(4) LOCAL COORDINATING ENTITY.—The Muscle Shoals
Regional Center shall be the local coordinating entity for the
Heritage Area.
(d) DUTIES AND AUTHORITIES OF LOCAL COORDINATING
ENTITY.—
(1) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further the purposes of the Heritage Area, the local coordinating
entity shall—
(A) prepare, and submit to the Secretary, in accordance
with subsection (e), a management plan for the Heritage
Area;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section specifying—
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraged funds; and
(v) grants made to any other entities during the
fiscal year;
(C) make available for audit for each fiscal year for
which the local coordinating entity receives Federal funds
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under this section, all information pertaining to the
expenditure of the funds and any matching funds;
(D) encourage, by appropriate means, economic
development that is consistent with the purposes of the
Heritage Area; and
(E) serve as a catalyst for the implementation of
projects and programs among diverse partners in the Heritage Area.
(2) AUTHORITIES.—The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes
of preparing and implementing the management plan, use Federal funds made available under this section to—
(A) make grants to the State, political subdivisions
of the State, nonprofit organizations, and other persons;
(B) enter into cooperative agreements with, or provide
technical assistance to, the State, political subdivisions of
the State, nonprofit organizations, Federal agencies, and
other interested parties;
(C) hire and compensate staff, including individuals
with expertise in—
(i) natural, historical, cultural, educational, scenic,
and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) obtain funds or services from any source, including
funds and services provided under any other Federal law
or program;
(E) contract for goods or services; and
(F) support activities of partners and any other activities that further the purposes of the Heritage Area and
are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The
local coordinating entity may not use Federal funds received
under this section to acquire any interest in real property.
(e) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to develop the management
plan, the local coordinating entity shall submit to the Secretary
for approval a proposed management plan for the Heritage
Area.
(2) REQUIREMENTS.—The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies,
and recommendations for telling the story of the heritage
of the area covered by the Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the Heritage
Area;
(B) include a description of actions and commitments
that Federal, State, tribal, and local governments, private
organizations, and citizens plan to take to protect, enhance,
interpret, fund, manage, and develop the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(C) specify existing and potential sources of funding
or economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
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(D) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the
Heritage Area relating to the stories and themes of the
Heritage Area that should be protected, enhanced, interpreted, managed, funded, or developed;
(E) recommend policies and strategies for resource
management, including the development of intergovernmental and interagency agreements to protect, enhance,
interpret, fund, manage, and develop the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area;
(F) describe a program for implementation of the
management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that
have been made by the local coordinating entity or
any Federal, State, tribal, or local government agency,
organization, business, or individual;
(G) include an analysis of, and recommendations for,
ways in which Federal, State, tribal, and local programs
may best be coordinated (including the role of the National
Park Service and other Federal agencies associated with
the Heritage Area) to further the purposes of this section;
and
(H) include a business plan that—
(i) describes the role, operation, financing, and
functions of the local coordinating entity and of each
of the major activities described in the management
plan; and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial
and other resources necessary to implement the
management plan for the Heritage Area.
(3) TERMINATION OF FUNDING.—If the management plan
is not submitted to the Secretary by the date that is 3 years
after the date on which funds are first made available to
develop the management plan, the local coordinating entity
shall not qualify for additional financial assistance under this
section until the management plan is submitted to, and
approved by, the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN.—
(A) REVIEW.—Not later than 180 days after the date
on which the Secretary receives the management plan,
the Secretary shall approve or disapprove the management
plan.
(B) CONSULTATION REQUIRED.—The Secretary shall
consult with the Governor of the State in which the Heritage Area is located before approving the management plan.
(C) CRITERIA FOR APPROVAL.—In determining whether
to approve the management plan, the Secretary shall consider whether—
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural and
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historic resource protection organizations, educational
institutions, businesses, community residents, recreational organizations, and private property owners;
(ii) the local coordinating entity—
(I) has afforded adequate opportunity for
public and Federal, State, tribal, and local governmental involvement (including through workshops
and public meetings) in the preparation of the
management plan; and
(II) provides for at least semiannual public
meetings to ensure adequate implementation of
the management plan;
(iii) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if implemented, would adequately protect, enhance, interpret,
fund, manage, and develop the natural, historic, cultural, scenic, and recreational resources of the Heritage
Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal land under
applicable laws or land use plans;
(v) the Secretary has received adequate assurances
from the appropriate State, tribal, and local officials
whose support is needed to ensure the effective
implementation of the State, tribal, and local aspects
of the management plan;
(vi) the local coordinating entity has demonstrated
the financial capability, in partnership with others,
to carry out the management plan; and
(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal,
State, tribal, and local governments, regional planning
organizations, nonprofit organizations, and private
sector parties for implementation of the management
plan.
(D) DISAPPROVAL.—
(i) IN GENERAL.—If the Secretary disapproves the
management plan, the Secretary—
(I) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(II) may make recommendations to the local
coordinating entity for revisions to the management plan.
(ii) DEADLINE.—Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) AMENDMENTS.—
(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of
the Heritage Area shall be reviewed by the Secretary
and approved or disapproved in the same manner as
the original management plan.
(ii) IMPLEMENTATION.—The local coordinating
entity shall not use Federal funds authorized by this
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PUBLIC LAW 111–11—MAR. 30, 2009
section to implement an amendment to the management plan until the Secretary approves the amendment.
(F) AUTHORITIES.—The Secretary may—
(i) provide technical assistance under the authority
of this section for the development and implementation
of the management plan; and
(ii) enter into cooperative agreements with
interested parties to carry out this section.
(f) DUTIES AND AUTHORITIES OF THE SECRETARY.—
(1) TECHNICAL AND FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—On the request of the local coordinating entity, the Secretary may provide technical and
financial assistance, on a reimbursable or nonreimbursable
basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management
plan.
(B) COOPERATIVE AGREEMENTS.—The Secretary may
enter into cooperative agreements with the local coordinating entity and other public or private entities to provide
technical or financial assistance under subparagraph (A).
(2) EVALUATION; REPORT.—
(A) IN GENERAL.—Not later than 3 years before the
date on which authority for Federal funding terminates
for the Heritage Area under subsection (j), the Secretary
shall—
(i) conduct an evaluation of the accomplishments
of the Heritage Area; and
(ii) prepare a report with recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area, in accordance with
subparagraph (C).
(B) EVALUATION.—An evaluation conducted under
subparagraph (A)(i) shall—
(i) assess the progress of the local coordinating
entity with respect to—
(I) accomplishing the purposes of this section
for the Heritage Area; and
(II) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(ii) analyze the Federal, State, tribal, local, and
private investments in the Heritage Area to determine
the leverage and impact of the investments; and
(iii) review the management structure, partnership
relationships, and funding of the Heritage Area for
purposes of identifying the critical components for
sustainability of the Heritage Area.
(C) REPORT.—
(i) IN GENERAL.—Based on the evaluation conducted under subparagraph (A)(i), the Secretary shall
prepare a report that includes recommendations for
the future role of the National Park Service, if any,
with respect to the Heritage Area.
(ii) REQUIRED ANALYSIS.—If the report prepared
under this subparagraph recommends that Federal
funding for the Heritage Area be reauthorized, the
report shall include an analysis of—
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(I) ways in which Federal funding for the
Heritage Area may be reduced or eliminated; and
(II) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(iii) SUBMISSION TO CONGRESS.—On completion of
a report under this subparagraph, the Secretary shall
submit the report to—
(I) the Committee on Energy and Natural
Resources of the Senate; and
(II) the Committee on Natural Resources of
the House of Representatives.
(g) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other law.
(2) CONSULTATION AND COORDINATION.—To the maximum
extent practicable, the head of any Federal agency planning
to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities
with the Secretary and the local coordinating entity to the
maximum extent practicable.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any laws (including
regulations) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of the Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(h) PROPERTY OWNERS AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any owner of public or private
property, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) requires any property owner to—
(A) permit public access (including Federal, tribal,
State, or local government access) to the property; or
(B) modify any provisions of Federal, tribal, State,
or local law with regard to public access or use of private
land;
(3) alters any duly adopted land use regulations, approved
land use plan, or any other regulatory authority of any Federal,
State, or local agency, or tribal government;
(4) conveys any land use or other regulatory authority
to the local coordinating entity;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(7) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
(i) AUTHORIZATION OF APPROPRIATIONS.—
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(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(2) AVAILABILITY.—Funds made available under paragraph
(1) shall remain available until expended.
(3) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The Federal share of the total cost
of any activity under this section shall be not more than
50 percent.
(B) FORM.—The non-Federal contribution may be in
the form of in-kind contributions of goods or services fairly
valued.
(4) USE OF FEDERAL FUNDS FROM OTHER SOURCES.—Nothing
in this section precludes the local coordinating entity from
using Federal funds available under provisions of law other
than this section for the purposes for which those funds were
authorized.
(j) TERMINATION OF EFFECTIVENESS.—The authority of the Secretary to provide financial assistance under this section terminates
on the date that is 15 years after the date of enactment of this
Act.
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16 USC 461 note.
SEC. 8010. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE
AREA, ALASKA.
(a) DEFINITIONS.—In this section:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Kenai Mountains-Turnagain Arm National Heritage Area
established by subsection (b)(1).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Kenai Mountains-Turnagain Arm Corridor Communities Association.
(3) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the plan prepared by the local coordinating entity for
the Heritage Area that specifies actions, policies, strategies,
performance goals, and recommendations to meet the goals
of the Heritage Area, in accordance with this section.
(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Proposed Kenai Mountains-Turnagain Arm NHA’’ and dated
August 7, 2007.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) DESIGNATION OF THE KENAI MOUNTAINS-TURNAGAIN ARM
NATIONAL HERITAGE AREA.—
(1) ESTABLISHMENT.—There is established the Kenai Mountains-Turnagain Arm National Heritage Area.
(2) BOUNDARIES.—The Heritage Area shall be comprised
of the land in the Kenai Mountains and upper Turnagain
Arm region, as generally depicted on the map.
(3) AVAILABILITY OF MAP.—The map shall be on file and
available for public inspection in—
(A) the appropriate offices of the Forest Service, Chugach National Forest;
(B) the Alaska Regional Office of the National Park
Service; and
(C) the office of the Alaska State Historic Preservation
Officer.
(c) MANAGEMENT PLAN.—
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(1) LOCAL COORDINATING ENTITY.—The local coordinating
entity, in partnership with other interested parties, shall
develop a management plan for the Heritage Area in accordance
with this section.
(2) REQUIREMENTS.—The management plan for the Heritage Area shall—
(A) describe comprehensive policies, goals, strategies,
and recommendations for use in—
(i) telling the story of the heritage of the area
covered by the Heritage Area; and
(ii) encouraging long-term resource protection,
enhancement, interpretation, funding, management,
and development of the Heritage Area;
(B) include a description of actions and commitments
that the Federal Government, State, tribal, and local
governments, private organizations, and citizens will take
to protect, enhance, interpret, fund, manage, and develop
the natural, historical, cultural, educational, scenic, and
recreational resources of the Heritage Area;
(C) specify existing and potential sources of funding
or economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(D) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the
Heritage Area relating to the national importance and
themes of the Heritage Area that should be protected,
enhanced, interpreted, managed, funded, and developed;
(E) recommend policies and strategies for resource
management, including the development of intergovernmental and interagency agreements to protect, enhance,
interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational
resources of the Heritage Area;
(F) describe a program for implementation for the
management plan, including—
(i) performance goals;
(ii) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(iii) specific commitments for implementation that
have been made by the local coordinating entity or
any Federal, State, tribal, or local government agency,
organization, business, or individual;
(G) include an analysis of, and recommendations for,
means by which Federal, State, tribal, and local programs
may best be coordinated (including the role of the National
Park Service, the Forest Service, and other Federal agencies associated with the Heritage Area) to further the purposes of this section; and
(H) include a business plan that—
(i) describes the role, operation, financing, and
functions of the local coordinating entity and each of
the major activities contained in the management plan;
and
(ii) provides adequate assurances that the local
coordinating entity has the partnerships and financial
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and other resources necessary to implement the
management plan for the Heritage Area.
(3) DEADLINE.—
(A) IN GENERAL.—Not later than 3 years after the
date on which funds are first made available to develop
the management plan after the date of enactment of this
Act, the local coordinating entity shall submit the management plan to the Secretary for approval.
(B) TERMINATION OF FUNDING.—If the management
plan is not submitted to the Secretary in accordance with
subparagraph (A), the local coordinating entity shall not
qualify for any additional financial assistance under this
section until such time as the management plan is submitted to and approved by the Secretary.
(4) APPROVAL OF MANAGEMENT PLAN.—
(A) REVIEW.—Not later than 180 days after receiving
the management plan under paragraph (3), the Secretary
shall review and approve or disapprove the management
plan for a Heritage Area on the basis of the criteria established under subparagraph (C).
(B) CONSULTATION.—The Secretary shall consult with
the Governor of the State in which the Heritage Area
is located before approving a management plan for the
Heritage Area.
(C) CRITERIA FOR APPROVAL.—In determining whether
to approve a management plan for the Heritage Area,
the Secretary shall consider whether—
(i) the local coordinating entity represents the
diverse interests of the Heritage Area, including the
Federal Government, State, tribal, and local governments, natural and historical resource protection
organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;
(ii) the local coordinating entity—
(I) has afforded adequate opportunity for
public and Federal, State, tribal, and local governmental involvement (including through workshops
and hearings) in the preparation of the management plan; and
(II) provides for at least semiannual public
meetings to ensure adequate implementation of
the management plan;
(iii) the resource protection, enhancement,
interpretation, funding, management, and development
strategies described in the management plan, if implemented, would adequately protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources
of the Heritage Area;
(iv) the management plan would not adversely
affect any activities authorized on Federal land under
public land laws or land use plans;
(v) the local coordinating entity has demonstrated
the financial capability, in partnership with other
interested parties, to carry out the plan;
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(vi) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective
implementation of the State, tribal, and local elements
of the management plan; and
(vii) the management plan demonstrates partnerships among the local coordinating entity, Federal
Government, State, tribal, and local governments,
regional planning organizations, nonprofit organizations, or private sector parties for implementation of
the management plan.
(D) DISAPPROVAL.—
(i) IN GENERAL.—If the Secretary disapproves the
management plan, the Secretary—
(I) shall advise the local coordinating entity
in writing of the reasons for the disapproval; and
(II) may make recommendations to the local
coordinating entity for revisions to the management plan.
(ii) DEADLINE.—Not later than 180 days after
receiving a revised management plan, the Secretary
shall approve or disapprove the revised management
plan.
(E) AMENDMENTS.—
(i) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of
the Heritage Area shall be reviewed by the Secretary
and approved or disapproved in the same manner as
the original management plan.
(ii) IMPLEMENTATION.—The local coordinating
entity shall not use Federal funds authorized by this
section to implement an amendment to the management plan until the Secretary approves the amendment.
(F) AUTHORITIES.—The Secretary may—
(i) provide technical assistance under the authority
of this section for the development and implementation
of the management plan; and
(ii) enter into cooperative agreements with
interested parties to carry out this section.
(d) EVALUATION; REPORT.—
(1) IN GENERAL.—Not later than 3 years before the date
on which authority for Federal funding terminates for the Heritage Area under this section, the Secretary shall—
(A) conduct an evaluation of the accomplishments of
the Heritage Area; and
(B) prepare a report in accordance with paragraph
(3).
(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall—
(A) assess the progress of the local coordinating entity
with respect to—
(i) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(ii) achieving the goals and objectives of the
approved management plan for the Heritage Area;
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(B) analyze the Federal, State, tribal, local, and private
investments in the Heritage Area to determine the impact
of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
(3) REPORT.—Based on the evaluation conducted under
paragraph (1)(A), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives
a report that includes recommendations for the future role
of the National Park Service, if any, with respect to the Heritage Area.
(e) LOCAL COORDINATING ENTITY.—
(1) DUTIES.—To further the purposes of the Heritage Area,
in addition to developing the management plan for the Heritage
Area under subsection (c), the local coordinating entity shall—
(A) serve to facilitate and expedite the implementation
of projects and programs among diverse partners in the
Heritage Area;
(B) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this section, specifying—
(i) the specific performance goals and accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating entity;
(iii) the amounts and sources of matching funds;
(iv) the amounts leveraged with Federal funds and
sources of the leveraging; and
(v) grants made to any other entities during the
fiscal year;
(C) make available for audit for each fiscal year for
which the local coordinating entity receives Federal funds
under this section, all information pertaining to the
expenditure of the funds and any matching funds; and
(D) encourage economic viability and sustainability
that is consistent with the purposes of the Heritage Area.
(2) AUTHORITIES.—For the purpose of preparing and implementing the approved management plan for the Heritage Area
under subsection (c), the local coordinating entity may use
Federal funds made available under this section—
(A) to make grants to political jurisdictions, nonprofit
organizations, and other parties within the Heritage Area;
(B) to enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested parties;
(C) to hire and compensate staff, including individuals
with expertise in—
(i) natural, historical, cultural, educational, scenic,
and recreational resource conservation;
(ii) economic and community development; and
(iii) heritage planning;
(D) to obtain funds or services from any source,
including other Federal programs;
Deadline.
Reports.
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(E) to enter into contracts for goods or services; and
(F) to support activities of partners and any other
activities that further the purposes of the Heritage Area
and are consistent with the approved management plan.
(3) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The
local coordinating entity may not use Federal funds authorized
under this section to acquire any interest in real property.
(f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.—
(1) IN GENERAL.—Nothing in this section affects the
authority of a Federal agency to provide technical or financial
assistance under any other provision of law.
(2) CONSULTATION AND COORDINATION.—The head of any
Federal agency planning to conduct activities that may have
an impact on a Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the local coordinating entity, to the maximum extent practicable.
(3) OTHER FEDERAL AGENCIES.—Nothing in this section—
(A) modifies, alters, or amends any law (including a
regulation) authorizing a Federal agency to manage Federal
land under the jurisdiction of the Federal agency;
(B) limits the discretion of a Federal land manager
to implement an approved land use plan within the boundaries of a Heritage Area; or
(C) modifies, alters, or amends any authorized use
of Federal land under the jurisdiction of a Federal agency.
(g) PRIVATE PROPERTY AND REGULATORY PROTECTIONS.—
Nothing in this section—
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from participating in any plan, project, program, or activity conducted
within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, tribal, or local agencies)
to the property of the property owner, or to modify public
access or use of property of the property owner under any
other Federal, State, tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the capacity
of existing roads or to construct new roads) of any Federal,
State, tribal, or local agency, or conveys any land use or other
regulatory authority to any local coordinating entity, including
development and management of energy or water or waterrelated infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of any State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under any
other law, of any private property owner with respect to any
person injured on the private property.
(h) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—Subject to paragraph (2), there is authorized to be appropriated to carry out
this section $1,000,000 for each fiscal year, to remain available
until expended.
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(2) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not
more than a total of $10,000,000 may be made available to
carry out this section.
(3) COST-SHARING.—
(A) IN GENERAL.—The Federal share of the total cost
of any activity carried out under this section shall not
exceed 50 percent.
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal
share of the cost of any activity carried out under this
section may be provided in the form of in-kind contributions
of goods or services fairly valued.
(i) TERMINATION OF AUTHORITY.—The authority of the Secretary
to provide financial assistance under this section terminates on
the date that is 15 years after the date of enactment of this
Act.
Subtitle B—Studies
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SEC. 8101. CHATTAHOOCHEE TRACE, ALABAMA AND GEORGIA.
(a) DEFINITIONS.—In this section:
(1) CORRIDOR.—The term ‘‘Corridor’’ means the Chattahoochee Trace National Heritage Corridor.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) STUDY AREA.—The term ‘‘study area’’ means the study
area described in subsection (b)(2).
(b) STUDY.—
(1) IN GENERAL.—The Secretary, in consultation with State
historic preservation officers, State historical societies, State
tourism offices, and other appropriate organizations or agencies,
shall conduct a study to assess the suitability and feasibility
of designating the study area as the Chattahoochee Trace
National Heritage Corridor.
(2) STUDY AREA.—The study area includes—
(A) the portion of the Apalachicola-Chattahoochee-Flint
River Basin and surrounding areas, as generally depicted
on the map entitled ‘‘Chattahoochee Trace National Heritage Corridor, Alabama/Georgia’’, numbered T05/80000, and
dated July 2007; and
(B) any other areas in the State of Alabama or Georgia
that—
(i) have heritage aspects that are similar to the
areas depicted on the map described in subparagraph
(A); and
(ii) are adjacent to, or in the vicinity of, those
areas.
(3) REQUIREMENTS.—The study shall include analysis, documentation, and determinations on whether the study area—
(A) has an assemblage of natural, historic, and cultural
resources that—
(i) represent distinctive aspects of the heritage of
the United States;
(ii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iii) would be best managed—
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(I) through partnerships among public and private entities; and
(II) by linking diverse and sometimes noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the story of the United States;
(C) provides—
(i) outstanding opportunities to conserve natural,
historic, cultural, or scenic features; and
(ii) outstanding recreational and educational
opportunities;
(D) contains resources that—
(i) are important to any identified themes of the
study area; and
(ii) retain a degree of integrity capable of supporting interpretation;
(E) includes residents, business interests, nonprofit
organizations, and State and local governments that—
(i) are involved in the planning of the Corridor;
(ii) have developed a conceptual financial plan that
outlines the roles of all participants in the Corridor,
including the Federal Government; and
(iii) have demonstrated support for the designation
of the Corridor;
(F) has a potential management entity to work in
partnership with the individuals and entities described
in subparagraph (E) to develop the Corridor while encouraging State and local economic activity; and
(G) has a conceptual boundary map that is supported
by the public.
(c) REPORT.—Not later than the 3rd fiscal year after the date
on which funds are first made available to carry out this section,
the Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes—
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary.
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SEC. 8102. NORTHERN NECK, VIRGINIA.
(a) DEFINITIONS.—In this section:
(1) PROPOSED HERITAGE AREA.—The term ‘‘proposed Heritage Area’’ means the proposed Northern Neck National Heritage Area.
(2) STATE.—The term ‘‘State’’ means the State of Virginia.
(3) STUDY AREA.—The term ‘‘study area’’ means the area
that is comprised of—
(A) the area of land located between the Potomac and
Rappahannock rivers of the eastern coastal region of the
State;
(B) Westmoreland, Northumberland, Richmond, King
George, and Lancaster Counties of the State; and
(C) any other area that—
(i) has heritage aspects that are similar to the
heritage aspects of the areas described in subparagraph
(A) or (B); and
(ii) is located adjacent to, or in the vicinity of,
those areas.
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(b) STUDY.—
(1) IN GENERAL.—In accordance with paragraphs (2) and
(3), the Secretary, in consultation with appropriate State historic preservation officers, State historical societies, and other
appropriate organizations, shall conduct a study to determine
the suitability and feasibility of designating the study area
as the Northern Neck National Heritage Area.
(2) REQUIREMENTS.—The study shall include analysis, documentation, and determinations on whether the study area—
(A) has an assemblage of natural, historical, cultural,
educational, scenic, or recreational resources that together
are nationally important to the heritage of the United
States;
(B) represents distinctive aspects of the heritage of
the United States worthy of recognition, conservation,
interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the local
or regional level;
(D) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the heritage of the United
States;
(E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features;
(F) provides outstanding recreational or educational
opportunities;
(G) contains resources and has traditional uses that
have national importance;
(H) includes residents, business interests, nonprofit
organizations, and appropriate Federal agencies and State
and local governments that are involved in the planning
of, and have demonstrated significant support for, the designation and management of the proposed Heritage Area;
(I) has a proposed local coordinating entity that is
responsible for preparing and implementing the management plan developed for the proposed Heritage Area;
(J) with respect to the designation of the study area,
has the support of the proposed local coordinating entity
and appropriate Federal agencies and State and local
governments, each of which has documented the commitment of the entity to work in partnership with each other
entity to protect, enhance, interpret, fund, manage, and
develop the resources located in the study area;
(K) through the proposed local coordinating entity, has
developed a conceptual financial plan that outlines the
roles of all participants (including the Federal Government)
in the management of the proposed Heritage Area;
(L) has a proposal that is consistent with continued
economic activity within the area; and
(M) has a conceptual boundary map that is supported
by the public and appropriate Federal agencies.
(3) ADDITIONAL CONSULTATION REQUIREMENT.—In conducting the study under paragraph (1), the Secretary shall—
(A) consult with the managers of any Federal land
located within the study area; and
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(B) before making any determination with respect to
the designation of the study area, secure the concurrence
of each manager with respect to each finding of the study.
(c) DETERMINATION.—
(1) IN GENERAL.—The Secretary, in consultation with the
Governor of the State, shall review, comment on, and determine
if the study area meets each requirement described in subsection (b)(2) for designation as a national heritage area.
(2) REPORT.—
(A) IN GENERAL.—Not later than 3 fiscal years after
the date on which funds are first made available to carry
out the study, the Secretary shall submit a report
describing the findings, conclusions, and recommendations
of the study to—
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of the
House of Representatives.
(B) REQUIREMENTS.—
(i) IN GENERAL.—The report shall contain—
(I) any comments that the Secretary has
received from the Governor of the State relating
to the designation of the study area as a national
heritage area; and
(II) a finding as to whether the study area
meets each requirement described in subsection
(b)(2) for designation as a national heritage area.
(ii) DISAPPROVAL.—If the Secretary determines
that the study area does not meet any requirement
described in subsection (b)(2) for designation as a
national heritage area, the Secretary shall include in
the report a description of each reason for the determination.
Subtitle C—Amendments Relating to
National Heritage Corridors
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SEC. 8201. QUINEBAUG AND SHETUCKET RIVERS VALLEY NATIONAL
HERITAGE CORRIDOR.
(a) TERMINATION OF AUTHORITY.—Section 106(b) of the
Quinebaug and Shetucket Rivers Valley National Heritage Corridor
Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended
by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30,
2015’’.
(b) EVALUATION; REPORT.—Section 106 of the Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act of 1994
(16 U.S.C. 461 note; Public Law 103–449) is amended by adding
at the end the following:
‘‘(c) EVALUATION; REPORT.—
‘‘(1) IN GENERAL.—Not later than 3 years before the date
on which authority for Federal funding terminates for the Corridor, the Secretary shall—
‘‘(A) conduct an evaluation of the accomplishments of
the Corridor; and
‘‘(B) prepare a report in accordance with paragraph
(3).
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‘‘(2) EVALUATION.—An evaluation conducted under paragraph (1)(A) shall—
‘‘(A) assess the progress of the management entity
with respect to—
‘‘(i) accomplishing the purposes of this title for
the Corridor; and
‘‘(ii) achieving the goals and objectives of the
management plan for the Corridor;
‘‘(B) analyze the Federal, State, local, and private
investments in the Corridor to determine the leverage and
impact of the investments; and
‘‘(C) review the management structure, partnership
relationships, and funding of the Corridor for purposes
of identifying the critical components for sustainability of
the Corridor.
‘‘(3) REPORT.—
‘‘(A) IN GENERAL.—Based on the evaluation conducted
under paragraph (1)(A), the Secretary shall prepare a
report that includes recommendations for the future role
of the National Park Service, if any, with respect to the
Corridor.
‘‘(B) REQUIRED ANALYSIS.—If the report prepared under
subparagraph (A) recommends that Federal funding for
the Corridor be reauthorized, the report shall include an
analysis of—
‘‘(i) ways in which Federal funding for the Corridor
may be reduced or eliminated; and
‘‘(ii) the appropriate time period necessary to
achieve the recommended reduction or elimination.
‘‘(C) SUBMISSION TO CONGRESS.—On completion of the
report, the Secretary shall submit the report to—
‘‘(i) the Committee on Energy and Natural
Resources of the Senate; and
‘‘(ii) the Committee on Natural Resources of the
House of Representatives.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 109(a) of the
Quinebaug and Shetucket Rivers Valley National Heritage Corridor
Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended
by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’.
SEC. 8202. DELAWARE AND LEHIGH NATIONAL HERITAGE CORRIDOR.
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The Delaware and Lehigh National Heritage Corridor Act of
1988 (16 U.S.C. 461 note; Public Law 100–692) is amended—
(1) in section 9—
(A) by striking ‘‘The Commission’’ and inserting the
following:
‘‘(a) IN GENERAL.—The Commission’’; and
(B) by adding at the end the following:
‘‘(b) CORPORATION AS LOCAL COORDINATING ENTITY.—Beginning
on the date of enactment of the Omnibus Public Land Management
Act of 2009, the Corporation shall be the local coordinating entity
for the Corridor.
‘‘(c) IMPLEMENTATION OF MANAGEMENT PLAN.—The Corporation
shall assume the duties of the Commission for the implementation
of the Plan.
‘‘(d) USE OF FUNDS.—The Corporation may use Federal funds
made available under this Act—
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‘‘(1) to make grants to, and enter into cooperative agreements with, the Federal Government, the Commonwealth, political subdivisions of the Commonwealth, nonprofit organizations,
and individuals;
‘‘(2) to hire, train, and compensate staff; and
‘‘(3) to enter into contracts for goods and services.
‘‘(e) RESTRICTION ON USE OF FUNDS.—The Corporation may
not use Federal funds made available under this Act to acquire
land or an interest in land.’’;
(2) in section 10—
(A) in the first sentence of subsection (c), by striking
‘‘shall assist the Commission’’ and inserting ‘‘shall, on the
request of the Corporation, assist’’;
(B) in subsection (d)—
(i) by striking ‘‘Commission’’ each place it appears
and inserting ‘‘Corporation’’;
(ii) by striking ‘‘The Secretary’’ and inserting the
following:
‘‘(1) IN GENERAL.—The Secretary’’; and
(iii) by adding at the end the following:
‘‘(2) COOPERATIVE AGREEMENTS.—The Secretary may enter
into cooperative agreements with the Corporation and other
public or private entities for the purpose of providing technical
assistance and grants under paragraph (1).
‘‘(3) PRIORITY.—In providing assistance to the Corporation
under paragraph (1), the Secretary shall give priority to activities that assist in—
‘‘(A) conserving the significant natural, historic, cultural, and scenic resources of the Corridor; and
‘‘(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the
Corridor.’’; and
(C) by adding at the end the following:
‘‘(e) TRANSITION MEMORANDUM OF UNDERSTANDING.—The Secretary shall enter into a memorandum of understanding with the
Corporation to ensure—
‘‘(1) appropriate transition of management of the Corridor
from the Commission to the Corporation; and
‘‘(2) coordination regarding the implementation of the
Plan.’’;
(3) in section 11, in the matter preceding paragraph (1),
by striking ‘‘directly affecting’’;
(4) in section 12—
(A) in subsection (a), by striking ‘‘Commission’’ each
place it appears and inserting ‘‘Corporation’’;
(B) in subsection (c)(1), by striking ‘‘2007’’ and inserting
‘‘2012’’; and
(C) by adding at the end the following:
‘‘(d) TERMINATION OF ASSISTANCE.—The authority of the Secretary to provide financial assistance under this Act terminates
on the date that is 5 years after the date of enactment of this
subsection.’’; and
(5) in section 14—
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
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‘‘(4) the term ‘Corporation’ means the Delaware & Lehigh
National Heritage Corridor, Incorporated, an organization
described in section 501(c)(3), and exempt from Federal tax
under section 501(a), of the Internal Revenue Code of 1986;’’.
Definition.
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SEC. 8203. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
The Erie Canalway National Heritage Corridor Act (16 U.S.C.
461 note; Public Law 106–554) is amended—
(1) in section 804—
(A) in subsection (b)—
(i) in the matter preceding paragraph (1), by
striking ‘‘27’’ and inserting ‘‘at least 21 members, but
not more than 27’’;
(ii) in paragraph (2), by striking ‘‘Environment’’
and inserting ‘‘Environmental’’; and
(iii) in paragraph (3)—
(I) in the matter preceding subparagraph (A),
by striking ‘‘19’’;
(II) by striking subparagraph (A);
(III) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
(IV) in subparagraph (B) (as redesignated by
subclause (III)), by striking the second sentence;
and
(V) by inserting after subparagraph (B) (as
redesignated by subclause (III)) the following:
‘‘(C) The remaining members shall be—
‘‘(i) appointed by the Secretary, based on recommendations from each member of the House of Representatives, the district of which encompasses the Corridor; and
‘‘(ii) persons that are residents of, or employed
within, the applicable congressional districts.’’;
(B) in subsection (f), by striking ‘‘Fourteen members
of the Commission’’ and inserting ‘‘A majority of the serving
Commissioners’’;
(C) in subsection (g), by striking ‘‘14 of its members’’
and inserting ‘‘a majority of the serving Commissioners’’;
(D) in subsection (h), by striking paragraph (4) and
inserting the following:
‘‘(4)(A) to appoint any staff that may be necessary to carry
out the duties of the Commission, subject to the provisions
of title 5, United States Code, relating to appointments in
the competitive service; and
‘‘(B) to fix the compensation of the staff, in accordance
with the provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to the classification
of positions and General Schedule pay rates;’’; and
(E) in subsection (j), by striking ‘‘10 years’’ and
inserting ‘‘15 years’’;
(2) in section 807—
(A) in subsection (e), by striking ‘‘with regard to the
preparation and approval of the Canalway Plan’’; and
(B) by adding at the end the following:
‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the availability of
appropriations, the Superintendent of Saratoga National Historical
Park may, on request, provide to public and private organizations
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in the Corridor (including the Commission) any operational assistance that is appropriate to assist with the implementation of the
Canalway Plan.’’; and
(3) in section 810(a)(1), in the first sentence, by striking
‘‘any fiscal year’’ and inserting ‘‘any fiscal year, to remain
available until expended’’.
SEC. 8204. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL
HERITAGE CORRIDOR.
Section 3(b)(2) of Public Law 99–647 (16 U.S.C. 461 note; 100
Stat. 3626, 120 Stat. 1857) is amended—
(1) by striking ‘‘shall be the the’’ and inserting ‘‘shall be
the’’; and
(2) by striking ‘‘Directors from Massachusetts and Rhode
Island;’’ and inserting ‘‘Directors from Massachusetts and
Rhode Island, ex officio, or their delegates;’’.
Subtitle D—Effect of Title
SEC. 8301. EFFECT ON ACCESS FOR RECREATIONAL ACTIVITIES.
Nothing in this title shall be construed as affecting access
for recreational activities otherwise allowed by law or regulation,
including hunting, fishing, or trapping.
TITLE IX—BUREAU OF RECLAMATION
AUTHORIZATIONS
Subtitle A—Feasibility Studies
SEC. 9001. SNAKE, BOISE, AND PAYETTE RIVER SYSTEMS, IDAHO.
(a) IN GENERAL.—The Secretary of the Interior, acting through
the Bureau of Reclamation, may conduct feasibility studies on
projects that address water shortages within the Snake, Boise,
and Payette River systems in the State of Idaho, and are considered
appropriate for further study by the Bureau of Reclamation Boise
Payette water storage assessment report issued during 2006.
(b) BUREAU OF RECLAMATION.—A study conducted under this
section shall comply with Bureau of Reclamation policy standards
and guidelines for studies.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of the Interior to carry out
this section $3,000,000.
(d) TERMINATION OF EFFECTIVENESS.—The authority provided
by this section terminates on the date that is 10 years after the
date of enactment of this Act.
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SEC. 9002. SIERRA VISTA SUBWATERSHED, ARIZONA.
(a) DEFINITIONS.—In this section:
(1) APPRAISAL REPORT.—The term ‘‘appraisal report’’ means
the appraisal report concerning the augmentation alternatives
for the Sierra Vista Subwatershed in the State of Arizona,
dated June 2007 and prepared by the Bureau of Reclamation.
(2) PRINCIPLES AND GUIDELINES.—The term ‘‘principles and
guidelines’’ means the report entitled ‘‘Economic and Environmental Principles and Guidelines for Water and Related Land
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Resources Implementation Studies’’ issued on March 10, 1983,
by the Water Resources Council established under title I of
the Water Resources Planning Act (42 U.S.C. 1962a et seq.).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) SIERRA VISTA SUBWATERSHED FEASIBILITY STUDY.—
(1) STUDY.—
(A) IN GENERAL.—In accordance with the reclamation
laws and the principles and guidelines, the Secretary,
acting through the Commissioner of Reclamation, may complete a feasibility study of alternatives to augment the
water supplies within the Sierra Vista Subwatershed in
the State of Arizona that are identified as appropriate
for further study in the appraisal report.
(B) INCLUSIONS.—In evaluating the feasibility of alternatives under subparagraph (A), the Secretary shall—
(i) include—
(I) any required environmental reviews;
(II) the construction costs and projected operations, maintenance, and replacement costs for
each alternative; and
(III) the economic feasibility of each alternative;
(ii) take into consideration the ability of Federal,
tribal, State, and local government sources and private
sources to fund capital construction costs and annual
operation, maintenance, energy, and replacement costs;
(iii) establish the basis for—
(I) any cost-sharing allocations; and
(II) anticipated repayment, if any, of Federal
contributions; and
(iv) perform a cost-benefit analysis.
(2) COST SHARING REQUIREMENT.—
(A) IN GENERAL.—The Federal share of the total costs
of the study under paragraph (1) shall not exceed 45 percent.
(B) FORM OF NON-FEDERAL SHARE.—The non-Federal
share required under subparagraph (A) may be in the
form of any in-kind service that the Secretary determines
would contribute substantially toward the conduct and
completion of the study under paragraph (1).
(3) STATEMENT OF CONGRESSIONAL INTENT RELATING TO
COMPLETION OF STUDY.—It is the intent of Congress that the
Secretary complete the study under paragraph (1) by a date
that is not later than 30 months after the date of enactment
of this Act.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $1,260,000.
(c) WATER RIGHTS.—Nothing in this section affects—
(1) any valid or vested water right in existence on the
date of enactment of this Act; or
(2) any application for water rights pending before the
date of enactment of this Act.
Deadline.
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SEC. 9003. SAN DIEGO INTERTIE, CALIFORNIA.
(a) FEASIBILITY STUDY, PROJECT DEVELOPMENT, COST SHARE.—
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(1) IN GENERAL.—The Secretary of the Interior (hereinafter
referred to as ‘‘Secretary’’), in consultation and cooperation
with the City of San Diego and the Sweetwater Authority,
is authorized to undertake a study to determine the feasibility
of constructing a four reservoir intertie system to improve
water storage opportunities, water supply reliability, and water
yield of the existing non-Federal water storage system. The
feasibility study shall document the Secretary’s engineering,
environmental, and economic investigation of the proposed reservoir and intertie project taking into consideration the range
of potential solutions and the circumstances and needs of the
area to be served by the proposed reservoir and intertie project,
the potential benefits to the people of that service area, and
improved operations of the proposed reservoir and intertie
system. The Secretary shall indicate in the feasibility report
required under paragraph (4) whether the proposed reservoir
and intertie project is recommended for construction.
(2) FEDERAL COST SHARE.—The Federal share of the costs
of the feasibility study shall not exceed 50 percent of the
total study costs. The Secretary may accept as part of the
non-Federal cost share, any contribution of such in-kind services by the City of San Diego and the Sweetwater Authority
that the Secretary determines will contribute toward the conduct and completion of the study.
(3) COOPERATION.—The Secretary shall consult and
cooperate with appropriate State, regional, and local authorities
in implementing this subsection.
(4) FEASIBILITY REPORT.—The Secretary shall submit to
Congress a feasibility report for the project the Secretary recommends, and to seek, as the Secretary deems appropriate,
specific authority to develop and construct any recommended
project. This report shall include—
(A) good faith letters of intent by the City of San
Diego and the Sweetwater Authority and its non-Federal
partners to indicate that they have committed to share
the allocated costs as determined by the Secretary; and
(B) a schedule identifying the annual operation,
maintenance, and replacement costs that should be allocated to the City of San Diego and the Sweetwater
Authority, as well as the current and expected financial
capability to pay operation, maintenance, and replacement
costs.
(b) FEDERAL RECLAMATION PROJECTS.—Nothing in this section
shall supersede or amend the provisions of Federal Reclamation
laws or laws associated with any project or any portion of any
project constructed under any authority of Federal Reclamation
laws.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $3,000,000 for the Federal
cost share of the study authorized in subsection (a).
(d) SUNSET.—The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date
of the enactment of this Act.
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PUBLIC LAW 111–11—MAR. 30, 2009
Subtitle B—Project Authorizations
SEC. 9101. TUMALO IRRIGATION DISTRICT WATER CONSERVATION
PROJECT, OREGON.
(a) DEFINITIONS.—In this section:
(1) DISTRICT.—The term ‘‘District’’ means the Tumalo
Irrigation District, Oregon.
(2) PROJECT.—The term ‘‘Project’’ means the Tumalo Irrigation District Water Conservation Project authorized under subsection (b)(1).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) AUTHORIZATION TO PLAN, DESIGN AND CONSTRUCT THE
TUMALO WATER CONSERVATION PROJECT.—
(1) AUTHORIZATION.—The Secretary, in cooperation with
the District—
(A) may participate in the planning, design, and
construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon; and
(B) for purposes of planning and designing the Project,
shall take into account any appropriate studies and reports
prepared by the District.
(2) COST-SHARING REQUIREMENT.—
(A) FEDERAL SHARE.—The Federal share of the total
cost of the Project shall be 25 percent, which shall be
nonreimbursable to the United States.
(B) CREDIT TOWARD NON-FEDERAL SHARE.—The Secretary shall credit toward the non-Federal share of the
Project any amounts that the District provides toward the
design, planning, and construction before the date of enactment of this Act.
(3) TITLE.—The District shall hold title to any facilities
constructed under this section.
(4) OPERATION AND MAINTENANCE COSTS.—The District
shall pay the operation and maintenance costs of the Project.
(5) EFFECT.—Any assistance provided under this section
shall not be considered to be a supplemental or additional
benefit under Federal reclamation law (the Act of June 17,
1902 (32 Stat. 388, chapter 1093), and Acts supplemental to
and amendatory of that Act (43 U.S.C. 371 et seq.).
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary for the Federal share of the
cost of the Project $4,000,000.
(d) TERMINATION OF AUTHORITY.—The authority of the Secretary to carry out this section shall expire on the date that is
10 years after the date of enactment of this Act.
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SEC. 9102. MADERA WATER SUPPLY ENHANCEMENT PROJECT, CALIFORNIA.
(a) DEFINITIONS.—In this section:
(1) DISTRICT.—The term ‘‘District’’ means the Madera
Irrigation District, Madera, California.
(2) PROJECT.—The term ‘‘Project’’ means the Madera Water
Supply Enhancement Project, a groundwater bank on the
13,646-acre Madera Ranch in Madera, California, owned, operated, maintained, and managed by the District that will plan,
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123 STAT. 1299
design, and construct recharge, recovery, and delivery systems
able to store up to 250,000 acre-feet of water and recover
up to 55,000 acre-feet of water per year, as substantially
described in the California Environmental Quality Act, Final
Environmental Impact Report for the Madera Irrigation District
Water Supply Enhancement Project, September 2005.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) TOTAL COST.—The term ‘‘total cost’’ means all reasonable costs, such as the planning, design, permitting, and
construction of the Project and the acquisition costs of lands
used or acquired by the District for the Project.
(b) PROJECT FEASIBILITY.—
(1) PROJECT FEASIBLE.—Pursuant to the Reclamation Act
of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental thereto, the Project is feasible and no further studies
or actions regarding feasibility are necessary.
(2) APPLICABILITY OF OTHER LAWS.—The Secretary shall
implement the authority provided in this section in accordance
with all applicable Federal laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and the Endangered Species Act of 1973 (7 U.S.C. 136; 16
U.S.C. 460 et seq.).
(c) COOPERATIVE AGREEMENT.—All final planning and design
and the construction of the Project authorized by this section shall
be undertaken in accordance with a cooperative agreement between
the Secretary and the District for the Project. Such cooperative
agreement shall set forth in a manner acceptable to the Secretary
and the District the responsibilities of the District for participating,
which shall include—
(1) engineering and design;
(2) construction; and
(3) the administration of contracts pertaining to any of
the foregoing.
(d) AUTHORIZATION FOR THE MADERA WATER SUPPLY AND
ENHANCEMENT PROJECT.—
(1) AUTHORIZATION OF CONSTRUCTION.—The Secretary,
acting pursuant to the Federal reclamation laws (Act of June
17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, is authorized to enter into a cooperative agreement through the Bureau of Reclamation with the District
for the support of the final design and construction of the
Project.
(2) TOTAL COST.—The total cost of the Project for the purposes of determining the Federal cost share shall not exceed
$90,000,000.
(3) COST SHARE.—The Federal share of the capital costs
of the Project shall be provided on a nonreimbursable basis
and shall not exceed 25 percent of the total cost. Capital,
planning, design, permitting, construction, and land acquisition
costs incurred by the District prior to the date of the enactment
of this Act shall be considered a portion of the non-Federal
cost share.
(4) CREDIT FOR NON-FEDERAL WORK.—The District shall
receive credit toward the non-Federal share of the cost of the
Project for—
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PUBLIC LAW 111–11—MAR. 30, 2009
(A) in-kind services that the Secretary determines
would contribute substantially toward the completion of
the project;
(B) reasonable costs incurred by the District as a result
of participation in the planning, design, permitting, and
construction of the Project; and
(C) the acquisition costs of lands used or acquired
by the District for the Project.
(5) LIMITATION.—The Secretary shall not provide funds for
the operation or maintenance of the Project authorized by this
subsection. The operation, ownership, and maintenance of the
Project shall be the sole responsibility of the District.
(6) PLANS AND ANALYSES CONSISTENT WITH FEDERAL LAW.—
Before obligating funds for design or construction under this
subsection, the Secretary shall work cooperatively with the
District to use, to the extent possible, plans, designs, and
engineering and environmental analyses that have already been
prepared by the District for the Project. The Secretary shall
ensure that such information as is used is consistent with
applicable Federal laws and regulations.
(7) TITLE; RESPONSIBILITY; LIABILITY.—Nothing in this subsection or the assistance provided under this subsection shall
be construed to transfer title, responsibility, or liability related
to the Project to the United States.
(8) AUTHORIZATION OF APPROPRIATION.—There is authorized to be appropriated to the Secretary to carry out this
subsection $22,500,000 or 25 percent of the total cost of the
Project, whichever is less.
(e) SUNSET.—The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date
of the enactment of this Act.
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SEC. 9103. EASTERN NEW MEXICO RURAL WATER SYSTEM PROJECT,
NEW MEXICO.
(a) DEFINITIONS.—In this section:
(1) AUTHORITY.—The term ‘‘Authority’’ means the Eastern
New Mexico Rural Water Authority, an entity formed under
State law for the purposes of planning, financing, developing,
and operating the System.
(2) ENGINEERING REPORT.—The term ‘‘engineering report’’
means the report entitled ‘‘Eastern New Mexico Rural Water
System Preliminary Engineering Report’’ and dated October
2006.
(3) PLAN.—The term ‘‘plan’’ means the operation, maintenance, and replacement plan required by subsection (c)(2).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—The term ‘‘State’’ means the State of New
Mexico.
(6) SYSTEM.—
(A) IN GENERAL.—The term ‘‘System’’ means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 16,500 acre-feet
of water per year from the Ute Reservoir to the cities
of Clovis, Elida, Grady, Melrose, Portales, and Texico and
other locations in Curry, Roosevelt, and Quay Counties
in the State.
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123 STAT. 1301
(B) INCLUSIONS.—The term ‘‘System’’ includes the
major components and associated infrastructure identified
as the ‘‘Best Technical Alternative’’ in the engineering
report.
(7) UTE RESERVOIR.—The term ‘‘Ute Reservoir’’ means the
impoundment of water created in 1962 by the construction
of the Ute Dam on the Canadian River, located approximately
32 miles upstream of the border between New Mexico and
Texas.
(b) EASTERN NEW MEXICO RURAL WATER SYSTEM.—
(1) FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—The Secretary may provide financial
and technical assistance to the Authority to assist in planning, designing, conducting related preconstruction activities for, and constructing the System.
(B) USE.—
(i) IN GENERAL.—Any financial assistance provided
under subparagraph (A) shall be obligated and
expended only in accordance with a cooperative agreement entered into under subsection (d)(1)(B).
(ii) LIMITATIONS.—Financial assistance provided
under clause (i) shall not be used—
(I) for any activity that is inconsistent with
constructing the System; or
(II) to plan or construct facilities used to
supply irrigation water for irrigated agricultural
purposes.
(2) COST-SHARING REQUIREMENT.—
(A) IN GENERAL.—The Federal share of the total cost
of any activity or construction carried out using amounts
made available under this section shall be not more than
75 percent of the total cost of the System.
(B) SYSTEM DEVELOPMENT COSTS.—For purposes of
subparagraph (A), the total cost of the System shall include
any costs incurred by the Authority or the State on or
after October 1, 2003, for the development of the System.
(3) LIMITATION.—No amounts made available under this
section may be used for the construction of the System until—
(A) a plan is developed under subsection (c)(2); and
(B) the Secretary and the Authority have complied
with any requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to
the System.
(4) TITLE TO PROJECT WORKS.—Title to the infrastructure
of the System shall be held by the Authority or as may otherwise be specified under State law.
(c) OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.—
(1) IN GENERAL.—The Authority shall be responsible for
the annual operation, maintenance, and replacement costs associated with the System.
(2) OPERATION, MAINTENANCE, AND REPLACEMENT PLAN.—
The Authority, in consultation with the Secretary, shall develop
an operation, maintenance, and replacement plan that establishes the rates and fees for beneficiaries of the System in
the amount necessary to ensure that the System is properly
maintained and capable of delivering approximately 16,500
acre-feet of water per year.
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(d) ADMINISTRATIVE PROVISIONS.—
(1) COOPERATIVE AGREEMENTS.—
(A) IN GENERAL.—The Secretary may enter into any
contract, grant, cooperative agreement, or other agreement
that is necessary to carry out this section.
(B) COOPERATIVE AGREEMENT FOR PROVISION OF FINANCIAL ASSISTANCE.—
(i) IN GENERAL.—The Secretary shall enter into
a cooperative agreement with the Authority to provide
financial assistance and any other assistance requested
by the Authority for planning, design, related
preconstruction activities, and construction of the
System.
(ii) REQUIREMENTS.—The cooperative agreement
entered into under clause (i) shall, at a minimum,
specify the responsibilities of the Secretary and the
Authority with respect to—
(I) ensuring that the cost-share requirements
established by subsection (b)(2) are met;
(II) completing the planning and final design
of the System;
(III) any environmental and cultural resource
compliance activities required for the System; and
(IV) the construction of the System.
(2) TECHNICAL ASSISTANCE.—At the request of the
Authority, the Secretary may provide to the Authority any
technical assistance that is necessary to assist the Authority
in planning, designing, constructing, and operating the System.
(3) BIOLOGICAL ASSESSMENT.—The Secretary shall consult
with the New Mexico Interstate Stream Commission and the
Authority in preparing any biological assessment under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
may be required for planning and constructing the System.
(4) EFFECT.—Nothing in this section—
(A) affects or preempts—
(i) State water law; or
(ii) an interstate compact relating to the allocation
of water; or
(B) confers on any non-Federal entity the ability to
exercise any Federal rights to—
(i) the water of a stream; or
(ii) any groundwater resource.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In accordance with the adjustment carried out under paragraph (2), there is authorized to be appropriated to the Secretary to carry out this section an amount
not greater than $327,000,000.
(2) ADJUSTMENT.—The amount made available under paragraph (1) shall be adjusted to reflect changes in construction
costs occurring after January 1, 2007, as indicated by
engineering cost indices applicable to the types of construction
necessary to carry out this section.
(3) NONREIMBURSABLE AMOUNTS.—Amounts made available
to the Authority in accordance with the cost-sharing requirement under subsection (b)(2) shall be nonreimbursable and
nonreturnable to the United States.
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Consultation.
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(4) AVAILABILITY OF FUNDS.—At the end of each fiscal year,
any unexpended funds appropriated pursuant to this section
shall be retained for use in future fiscal years consistent with
this section.
SEC. 9104. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA.
(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI;
43 U.S.C. 390h et seq.) is amended by adding at the end the
following:
‘‘SEC. 1649. RANCHO CALIFORNIA WATER DISTRICT PROJECT, CALIFORNIA.
43 USC 390h–32.
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the
Rancho California Water District, California, may participate in
the design, planning, and construction of permanent facilities for
water recycling, demineralization, and desalination, and distribution of non-potable water supplies in Southern Riverside County,
California.
‘‘(b) COST SHARING.—The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project or $20,000,000, whichever is less.
‘‘(c) LIMITATION.—Funds provided by the Secretary under this
section shall not be used for operation or maintenance of the project
described in subsection (a).’’.
(b) CLERICAL AMENDMENT.—The table of items in section 2
of Public Law 102–575 is amended by inserting after the last
item the following:
‘‘Sec. 1649. Rancho California Water District Project, California.’’.
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SEC. 9105. JACKSON GULCH REHABILITATION PROJECT, COLORADO.
(a) DEFINITIONS.—In this section:
(1) ASSESSMENT.—The term ‘‘assessment’’ means the
engineering document that is—
(A) entitled ‘‘Jackson Gulch Inlet Canal Project, Jackson Gulch Outlet Canal Project, Jackson Gulch Operations
Facilities Project: Condition Assessment and Recommendations for Rehabilitation’’;
(B) dated February 2004; and
(C) on file with the Bureau of Reclamation.
(2) DISTRICT.—The term ‘‘District’’ means the Mancos
Water Conservancy District established under the Water
Conservancy Act (Colo. Rev. Stat. 37–45–101 et seq.).
(3) PROJECT.—The term ‘‘Project’’ means the Jackson Gulch
rehabilitation project, a program for the rehabilitation of the
Jackson Gulch Canal system and other infrastructure in the
State, as described in the assessment.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(5) STATE.—The term ‘‘State’’ means the State of Colorado.
(b) AUTHORIZATION OF JACKSON GULCH REHABILITATION
PROJECT.—
(1) IN GENERAL.—Subject to the reimbursement requirement described in paragraph (3), the Secretary shall pay the
Federal share of the total cost of carrying out the Project.
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(2) USE OF EXISTING INFORMATION.—In preparing any
studies relating to the Project, the Secretary shall, to the maximum extent practicable, use existing studies, including
engineering and resource information provided by, or at the
direction of—
(A) Federal, State, or local agencies; and
(B) the District.
(3) REIMBURSEMENT REQUIREMENT.—
(A) AMOUNT.—The Secretary shall recover from the
District as reimbursable expenses the lesser of—
(i) the amount equal to 35 percent of the cost
of the Project; or
(ii) $2,900,000.
(B) MANNER.—The Secretary shall recover reimbursable expenses under subparagraph (A)—
(i) in a manner agreed to by the Secretary and
the District;
(ii) over a period of 15 years; and
(iii) with no interest.
(C) CREDIT.—In determining the exact amount of
reimbursable expenses to be recovered from the District,
the Secretary shall credit the District for any amounts
it paid before the date of enactment of this Act for
engineering work and improvements directly associated
with the Project.
(4) PROHIBITION ON OPERATION AND MAINTENANCE COSTS.—
The District shall be responsible for the operation and maintenance of any facility constructed or rehabilitated under this
section.
(5) LIABILITY.—The United States shall not be liable for
damages of any kind arising out of any act, omission, or occurrence relating to a facility rehabilitated or constructed under
this section.
(6) EFFECT.—An activity provided Federal funding under
this section shall not be considered a supplemental or additional
benefit under—
(A) the reclamation laws; or
(B) the Act of August 11, 1939 (16 U.S.C. 590y et
seq.).
(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to pay the Federal
share of the total cost of carrying out the Project $8,250,000.
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SEC. 9106. RIO GRANDE PUEBLOS, NEW MEXICO.
(a) FINDINGS AND PURPOSE.—
(1) FINDINGS.—Congress finds that—
(A) drought, population increases, and environmental
needs are exacerbating water supply issues across the
western United States, including the Rio Grande Basin
in New Mexico;
(B) a report developed by the Bureau of Reclamation
and the Bureau of Indian Affairs in 2000 identified a
serious need for the rehabilitation and repair of irrigation
infrastructure of the Rio Grande Pueblos;
(C) inspection of existing irrigation infrastructure of
the Rio Grande Pueblos shows that many key facilities,
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such as diversion structures and main conveyance ditches,
are unsafe and barely, if at all, operable;
(D) the benefits of rehabilitating and repairing irrigation infrastructure of the Rio Grande Pueblos include—
(i) water conservation;
(ii) extending available water supplies;
(iii) increased agricultural productivity;
(iv) economic benefits;
(v) safer facilities; and
(vi) the preservation of the culture of Indian
Pueblos in the State;
(E) certain Indian Pueblos in the Rio Grande Basin
receive water from facilities operated or owned by the
Bureau of Reclamation; and
(F) rehabilitation and repair of irrigation infrastructure
of the Rio Grande Pueblos would improve—
(i) overall water management by the Bureau of
Reclamation; and
(ii) the ability of the Bureau of Reclamation to
help address potential water supply conflicts in the
Rio Grande Basin.
(2) PURPOSE.—The purpose of this section is to direct the
Secretary—
(A) to assess the condition of the irrigation infrastructure of the Rio Grande Pueblos;
(B) to establish priorities for the rehabilitation of
irrigation infrastructure of the Rio Grande Pueblos in
accordance with specified criteria; and
(C) to implement projects to rehabilitate and improve
the irrigation infrastructure of the Rio Grande Pueblos.
(b) DEFINITIONS.—In this section:
(1) 2004 AGREEMENT.—The term ‘‘2004 Agreement’’ means
the agreement entitled ‘‘Agreement By and Between the United
States of America and the Middle Rio Grande Conservancy
District, Providing for the Payment of Operation and Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in
the Middle Rio Grande Valley, New Mexico’’ and executed in
September 2004 (including any successor agreements and
amendments to the agreement).
(2) DESIGNATED ENGINEER.—The term ‘‘designated engineer’’ means a Federal employee designated under the Act
of February 14, 1927 (69 Stat. 1098, chapter 138) to represent
the United States in any action involving the maintenance,
rehabilitation, or preservation of the condition of any irrigation
structure or facility on land located in the Six Middle Rio
Grande Pueblos.
(3) DISTRICT.—The term ‘‘District’’ means the Middle Rio
Grande Conservancy District, a political subdivision of the State
established in 1925.
(4) PUEBLO IRRIGATION INFRASTRUCTURE.—The term
‘‘Pueblo irrigation infrastructure’’ means any diversion structure, conveyance facility, or drainage facility that is—
(A) in existence as of the date of enactment of this
Act; and
(B) located on land of a Rio Grande Pueblo that is
associated with—
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(i) the delivery of water for the irrigation of agricultural land; or
(ii) the carriage of irrigation return flows and
excess water from the land that is served.
(5) RIO GRANDE BASIN.—The term ‘‘Rio Grande Basin’’
means the headwaters of the Rio Chama and the Rio Grande
Rivers (including any tributaries) from the State line between
Colorado and New Mexico downstream to the elevation corresponding with the spillway crest of Elephant Butte Dam
at 4,457.3 feet mean sea level.
(6) RIO GRANDE PUEBLO.—The term ‘‘Rio Grande Pueblo’’
means any of the 18 Pueblos that—
(A) occupy land in the Rio Grande Basin; and
(B) are included on the list of federally recognized
Indian tribes published by the Secretary in accordance
with section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a–1).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(8) SIX MIDDLE RIO GRANDE PUEBLOS.—The term ‘‘Six
Middle Rio Grande Pueblos’’ means each of the Pueblos of
Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and
Isleta.
(9) SPECIAL PROJECT.—The term ‘‘special project’’ has the
meaning given the term in the 2004 Agreement.
(10) STATE.—The term ‘‘State’’ means the State of New
Mexico.
(c) IRRIGATION INFRASTRUCTURE STUDY.—
(1) STUDY.—
(A) IN GENERAL.—On the date of enactment of this
Act, the Secretary, in accordance with subparagraph (B),
and in consultation with the Rio Grande Pueblos, shall—
(i) conduct a study of Pueblo irrigation infrastructure; and
(ii) based on the results of the study, develop a
list of projects (including a cost estimate for each
project), that are recommended to be implemented over
a 10-year period to repair, rehabilitate, or reconstruct
Pueblo irrigation infrastructure.
(B) REQUIRED CONSENT.—In carrying out subparagraph
(A), the Secretary shall only include each individual Rio
Grande Pueblo that notifies the Secretary that the Pueblo
consents to participate in—
(i) the conduct of the study under subparagraph
(A)(i); and
(ii) the development of the list of projects under
subparagraph (A)(ii) with respect to the Pueblo.
(2) PRIORITY.—
(A) CONSIDERATION OF FACTORS.—
(i) IN GENERAL.—In developing the list of projects
under paragraph (1)(A)(ii), the Secretary shall—
(I) consider each of the factors described in
subparagraph (B); and
(II) prioritize the projects recommended for
implementation based on—
(aa) a review of each of the factors; and
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(bb) a consideration of the projected benefits of the project on completion of the project.
(ii) ELIGIBILITY OF PROJECTS.—A project is eligible
to be considered and prioritized by the Secretary if
the project addresses at least 1 factor described in
subparagraph (B).
(B) FACTORS.—The factors referred to in subparagraph
(A) are—
(i)(I) the extent of disrepair of the Pueblo irrigation
infrastructure; and
(II) the effect of the disrepair on the ability of
the applicable Rio Grande Pueblo to irrigate agricultural land using Pueblo irrigation infrastructure;
(ii) whether, and the extent that, the repair,
rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would provide an opportunity to
conserve water;
(iii)(I) the economic and cultural impacts that the
Pueblo irrigation infrastructure that is in disrepair
has on the applicable Rio Grande Pueblo; and
(II) the economic and cultural benefits that the
repair, rehabilitation, or reconstruction of the Pueblo
irrigation infrastructure would have on the applicable
Rio Grande Pueblo;
(iv) the opportunity to address water supply or
environmental conflicts in the applicable river basin
if the Pueblo irrigation infrastructure is repaired,
rehabilitated, or reconstructed; and
(v) the overall benefits of the project to efficient
water operations on the land of the applicable Rio
Grande Pueblo.
(3) CONSULTATION.—In developing the list of projects under
paragraph (1)(A)(ii), the Secretary shall consult with the
Director of the Bureau of Indian Affairs (including the designated engineer with respect to each proposed project that
affects the Six Middle Rio Grande Pueblos), the Chief of the
Natural Resources Conservation Service, and the Chief of Engineers to evaluate the extent to which programs under the
jurisdiction of the respective agencies may be used—
(A) to assist in evaluating projects to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure; and
(B) to implement—
(i) a project recommended for implementation
under paragraph (1)(A)(ii); or
(ii) any other related project (including on-farm
improvements) that may be appropriately coordinated
with the repair, rehabilitation, or reconstruction of
Pueblo irrigation infrastructure to improve the efficient
use of water in the Rio Grande Basin.
(4) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report
that includes—
(A) the list of projects recommended for implementation
under paragraph (1)(A)(ii); and
(B) any findings of the Secretary with respect to—
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(i) the study conducted under paragraph (1)(A)(i);
(ii) the consideration of the factors under paragraph (2)(B); and
(iii) the consultations under paragraph (3).
(5) PERIODIC REVIEW.—Not later than 4 years after the
date on which the Secretary submits the report under paragraph (4) and every 4 years thereafter, the Secretary, in consultation with each Rio Grande Pueblo, shall—
(A) review the report submitted under paragraph (4);
and
(B) update the list of projects described in paragraph
(4)(A) in accordance with each factor described in paragraph (2)(B), as the Secretary determines to be appropriate.
(d) IRRIGATION INFRASTRUCTURE GRANTS.—
(1) IN GENERAL.—The Secretary may provide grants to,
and enter into contracts or other agreements with, the Rio
Grande Pueblos to plan, design, construct, or otherwise implement projects to repair, rehabilitate, reconstruct, or replace
Pueblo irrigation infrastructure that are recommended for
implementation under subsection (c)(1)(A)(ii)—
(A) to increase water use efficiency and agricultural
productivity for the benefit of a Rio Grande Pueblo;
(B) to conserve water; or
(C) to otherwise enhance water management or help
avert water supply conflicts in the Rio Grande Basin.
(2) LIMITATION.—Assistance provided under paragraph (1)
shall not be used for—
(A) the repair, rehabilitation, or reconstruction of any
major impoundment structure; or
(B) any on-farm improvements.
(3) CONSULTATION.—In carrying out a project under paragraph (1), the Secretary shall—
(A) consult with, and obtain the approval of, the
applicable Rio Grande Pueblo;
(B) consult with the Director of the Bureau of Indian
Affairs; and
(C) as appropriate, coordinate the project with any
work being conducted under the irrigation operations and
maintenance program of the Bureau of Indian Affairs.
(4) COST-SHARING REQUIREMENT.—
(A) FEDERAL SHARE.—
(i) IN GENERAL.—Except as provided in clause (ii),
the Federal share of the total cost of carrying out
a project under paragraph (1) shall be not more than
75 percent.
(ii) EXCEPTION.—The Secretary may waive or limit
the non-Federal share required under clause (i) if the
Secretary determines, based on a demonstration of
financial hardship by the Rio Grande Pueblo, that the
Rio Grande Pueblo is unable to contribute the required
non-Federal share.
(B) DISTRICT CONTRIBUTIONS.—
(i) IN GENERAL.—The Secretary may accept from
the District a partial or total contribution toward the
non-Federal share required for a project carried out
under paragraph (1) on land located in any of the
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Six Middle Rio Grande Pueblos if the Secretary determines that the project is a special project.
(ii) LIMITATION.—Nothing in clause (i) requires the
District to contribute to the non-Federal share of the
cost of a project carried out under paragraph (1).
(C) STATE CONTRIBUTIONS.—
(i) IN GENERAL.—The Secretary may accept from
the State a partial or total contribution toward the
non-Federal share for a project carried out under paragraph (1).
(ii) LIMITATION.—Nothing in clause (i) requires the
State to contribute to the non-Federal share of the
cost of a project carried out under paragraph (1).
(D) FORM OF NON-FEDERAL SHARE.—The non-Federal
share under subparagraph (A)(i) may be in the form of
in-kind contributions, including the contribution of any
valuable asset or service that the Secretary determines
would substantially contribute to a project carried out
under paragraph (1).
(5) OPERATION AND MAINTENANCE.—The Secretary may not
use any amount made available under subsection (g)(2) to carry
out the operation or maintenance of any project carried out
under paragraph (1).
(e) EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.—
Nothing in this section—
(1) affects any existing project-specific funding authority;
or
(2) limits or absolves the United States from any responsibility to any Rio Grande Pueblo (including any responsibility
arising from a trust relationship or from any Federal law
(including regulations), Executive order, or agreement between
the Federal Government and any Rio Grande Pueblo).
(f) EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW.—
(1) PUEBLO WATER RIGHTS.—Nothing in this section
(including the implementation of any project carried out in
accordance with this section) affects the right of any Pueblo
to receive, divert, store, or claim a right to water, including
the priority of right and the quantity of water associated with
the water right under Federal or State law.
(2) STATE WATER LAW.—Nothing in this section preempts
or affects—
(A) State water law; or
(B) an interstate compact governing water.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) STUDY.—There is authorized to be appropriated to carry
out subsection (c) $4,000,000.
(2) PROJECTS.—There is authorized to be appropriated to
carry out subsection (d) $6,000,000 for each of fiscal years
2010 through 2019.
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SEC. 9107. UPPER COLORADO RIVER ENDANGERED FISH PROGRAMS.
(a) DEFINITIONS.—Section 2 of Public Law 106–392 (114 Stat.
1602) is amended—
(1) in paragraph (5), by inserting ‘‘, rehabilitation, and
repair’’ after ‘‘and replacement’’; and
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(2) in paragraph (6), by inserting ‘‘those for protection
of critical habitat, those for preventing entrainment of fish
in water diversions,’’ after ‘‘instream flows,’’.
(b) AUTHORIZATION TO FUND RECOVERY PROGRAMS.—Section
3 of Public Law 106–392 (114 Stat. 1603; 120 Stat. 290) is
amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘$61,000,000’’ and
inserting ‘‘$88,000,000’’;
(B) in paragraph (2), by striking ‘‘2010’’ and inserting
‘‘2023’’; and
(C) in paragraph (3), by striking ‘‘2010’’ and inserting
‘‘2023’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘$126,000,000’’ and inserting ‘‘$209,000,000’’;
(B) in paragraph (1)—
(i) by striking ‘‘$108,000,000’’ and inserting
‘‘$179,000,000’’; and
(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and
(C) in paragraph (2)—
(i) by striking ‘‘$18,000,000’’ and inserting
‘‘$30,000,000’’; and
(ii) by striking ‘‘2010’’ and inserting ‘‘2023’’; and
(3) in subsection (c)(4), by striking ‘‘$31,000,000’’ and
inserting ‘‘$87,000,000’’.
SEC. 9108. SANTA MARGARITA RIVER, CALIFORNIA.
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(a) DEFINITIONS.—In this section:
(1) DISTRICT.—The term ‘‘District’’ means the Fallbrook
Public Utility District, San Diego County, California.
(2) PROJECT.—The term ‘‘Project’’ means the impoundment,
recharge, treatment, and other facilities the construction, operation, watershed management, and maintenance of which is
authorized under subsection (b).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) AUTHORIZATION FOR CONSTRUCTION OF SANTA MARGARITA
RIVER PROJECT.—
(1) AUTHORIZATION.—The Secretary, acting pursuant to
Federal reclamation law (the Act of June 17, 1902 (32 Stat.
388, chapter 1093), and Acts supplemental to and amendatory
of that Act (43 U.S.C. 371 et seq.), to the extent that law
is not inconsistent with this section, may construct, operate,
and maintain the Project substantially in accordance with the
final feasibility report and environmental reviews for the
Project and this section.
(2) CONDITIONS.—The Secretary may construct the Project
only after the Secretary determines that the following conditions have occurred:
(A)(i) The District and the Secretary of the Navy have
entered into contracts under subsections (c)(2) and (e) of
section 9 of the Reclamation Project Act of 1939 (43 U.S.C.
485h) to repay to the United States equitable and appropriate portions, as determined by the Secretary, of the
actual costs of constructing, operating, and maintaining
the Project.
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(ii) As an alternative to a repayment contract with
the Secretary of the Navy described in clause (i), the Secretary may allow the Secretary of the Navy to satisfy
all or a portion of the repayment obligation for construction
of the Project on the payment of the share of the Secretary
of the Navy prior to the initiation of construction, subject
to a final cost allocation as described in subsection (c).
(B) The officer or agency of the State of California
authorized by law to grant permits for the appropriation
of water has granted the permits to the Bureau of Reclamation for the benefit of the Secretary of the Navy and the
District as permittees for rights to the use of water for
storage and diversion as provided in this section, including
approval of all requisite changes in points of diversion
and storage, and purposes and places of use.
(C)(i) The District has agreed—
(I) to not assert against the United States any
prior appropriative right the District may have to
water in excess of the quantity deliverable to the District under this section; and
(II) to share in the use of the waters impounded
by the Project on the basis of equal priority and in
accordance with the ratio prescribed in subsection
(d)(2).
(ii) The agreement and waiver under clause (i) and
the changes in points of diversion and storage under
subparagraph (B)—
(I) shall become effective and binding only when
the Project has been completed and put into operation;
and
(II) may be varied by agreement between the District and the Secretary of the Navy.
(D) The Secretary has determined that the Project
has completed applicable economic, environmental, and
engineering feasibility studies.
(c) COSTS.—
(1) IN GENERAL.—As determined by a final cost allocation
after completion of the construction of the Project, the Secretary
of the Navy shall be responsible to pay upfront or repay to
the Secretary only that portion of the construction, operation,
and maintenance costs of the Project that the Secretary and
the Secretary of the Navy determine reflects the extent to
which the Department of the Navy benefits from the Project.
(2) OTHER CONTRACTS.—Notwithstanding paragraph (1),
the Secretary may enter into a contract with the Secretary
of the Navy for the impoundment, storage, treatment, and
carriage of prior rights water for domestic, municipal, fish
and wildlife, industrial, and other beneficial purposes using
Project facilities.
(d) OPERATION; YIELD ALLOTMENT; DELIVERY.—
(1) OPERATION.—The Secretary, the District, or a third
party (consistent with subsection (f)) may operate the Project,
subject to a memorandum of agreement between the Secretary,
the Secretary of the Navy, and the District and under regulations satisfactory to the Secretary of the Navy with respect
to the share of the Project of the Department of the Navy.
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(2) YIELD ALLOTMENT.—Except as otherwise agreed
between the parties, the Secretary of the Navy and the District
shall participate in the Project yield on the basis of equal
priority and in accordance with the following ratio:
(A) 60 percent of the yield of the Project is allotted
to the Secretary of the Navy.
(B) 40 percent of the yield of the Project is allotted
to the District.
(3) CONTRACTS FOR DELIVERY OF EXCESS WATER.—
(A) EXCESS WATER AVAILABLE TO OTHER PERSONS.—
If the Secretary of the Navy certifies to the official agreed
on to administer the Project that the Department of the
Navy does not have immediate need for any portion of
the 60 percent of the yield of the Project allotted to the
Secretary of the Navy under paragraph (2), the official
may enter into temporary contracts for the sale and
delivery of the excess water.
(B) FIRST RIGHT FOR EXCESS WATER.—The first right
to excess water made available under subparagraph (A)
shall be given the District, if otherwise consistent with
the laws of the State of California.
(C) CONDITION OF CONTRACTS.—Each contract entered
into under subparagraph (A) for the sale and delivery of
excess water shall include a condition that the Secretary
of the Navy has the right to demand the water, without
charge and without obligation on the part of the United
States, after 30 days notice.
(D) MODIFICATION OF RIGHTS AND OBLIGATIONS.—The
rights and obligations of the United States and the District
regarding the ratio, amounts, definition of Project yield,
and payment for excess water may be modified by an
agreement between the parties.
(4) CONSIDERATION.—
(A) DEPOSIT OF FUNDS.—
(i) IN GENERAL.—Amounts paid to the United
States under a contract entered into under paragraph
(3) shall be—
(I) deposited in the special account established
for the Department of the Navy under section
2667(e)(1) of title 10, United States Code; and
(II) shall be available for the purposes specified in section 2667(e)(1)(C) of that title.
(ii) EXCEPTION.—Section 2667(e)(1)(D) of title 10,
United States Code, shall not apply to amounts deposited in the special account pursuant to this paragraph.
(B) IN-KIND CONSIDERATION.—In lieu of monetary
consideration under subparagraph (A), or in addition to
monetary consideration, the Secretary of the Navy may
accept in-kind consideration in a form and quantity that
is acceptable to the Secretary of the Navy, including—
(i) maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities of the Department
of the Navy;
(ii) construction of new facilities for the Department of the Navy;
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(iii) provision of facilities for use by the Department of the Navy;
(iv) facilities operation support for the Department
of the Navy; and
(v) provision of such other services as the Secretary
of the Navy considers appropriate.
(C) RELATION TO OTHER LAWS.—Sections 2662 and 2802
of title 10, United States Code, shall not apply to any
new facilities the construction of which is accepted as inkind consideration under this paragraph.
(D) CONGRESSIONAL NOTIFICATION.—If the in-kind
consideration proposed to be provided under a contract
to be entered into under paragraph (3) has a value in
excess of $500,000, the contract may not be entered into
until the earlier of—
(i) the end of the 30-day period beginning on the
date on which the Secretary of the Navy submits to
the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report describing the contract and
the form and quantity of the in-kind consideration;
or
(ii) the end of the 14-day period beginning on
the date on which a copy of the report referred to
in clause (i) is provided in an electronic medium pursuant to section 480 of title 10, United States Code.
(e) REPAYMENT OBLIGATION OF THE DISTRICT.—
(1) DETERMINATION.—
(A) IN GENERAL.—Except as otherwise provided in this
paragraph, the general repayment obligation of the District
shall be determined by the Secretary consistent with subsections (c)(2) and (e) of section 9 of the Reclamation Project
Act of 1939 (43 U.S.C. 485h) to repay to the United States
equitable and appropriate portions, as determined by the
Secretary, of the actual costs of constructing, operating,
and maintaining the Project.
(B) GROUNDWATER.—For purposes of calculating
interest and determining the time when the repayment
obligation of the District to the United States commences,
the pumping and treatment of groundwater from the
Project shall be deemed equivalent to the first use of water
from a water storage project.
(C) CONTRACTS FOR DELIVERY OF EXCESS WATER.—
There shall be no repayment obligation under this subsection for water delivered to the District under a contract
described in subsection (d)(3).
(2) MODIFICATION OF RIGHTS AND OBLIGATION BY AGREEMENT.—The rights and obligations of the United States and
the District regarding the repayment obligation of the District
may be modified by an agreement between the parties.
(f) TRANSFER OF CARE, OPERATION, AND MAINTENANCE.—
(1) IN GENERAL.—The Secretary may transfer to the District, or a mutually agreed upon third party, the care, operation,
and maintenance of the Project under conditions that are—
(A) satisfactory to the Secretary and the District; and
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PUBLIC LAW 111–11—MAR. 30, 2009
(B) with respect to the portion of the Project that
is located within the boundaries of Camp Pendleton, satisfactory to the Secretary, the District, and the Secretary
of the Navy.
(2) EQUITABLE CREDIT.—
(A) IN GENERAL.—In the event of a transfer under
paragraph (1), the District shall be entitled to an equitable
credit for the costs associated with the proportionate share
of the Secretary of the operation and maintenance of the
Project.
(B) APPLICATION.—The amount of costs described in
subparagraph (A) shall be applied against the indebtedness
of the District to the United States.
(g) SCOPE OF SECTION.—
(1) IN GENERAL.—Except as otherwise provided in this section, for the purpose of this section, the laws of the State
of California shall apply to the rights of the United States
pertaining to the use of water under this section.
(2) LIMITATIONS.—Nothing in this section—
(A) provides a grant or a relinquishment by the United
States of any rights to the use of water that the United
States acquired according to the laws of the State of California, either as a result of the acquisition of the land
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part
of that acquisition, or through actual use or prescription
or both since the date of that acquisition, if any;
(B) creates any legal obligation to store any water
in the Project, to the use of which the United States has
those rights;
(C) requires the division under this section of water
to which the United States has those rights; or
(D) constitutes a recognition of, or an admission by
the United States that, the District has any rights to
the use of water in the Santa Margarita River, which
rights, if any, exist only by virtue of the laws of the State
of California.
(h) LIMITATIONS ON OPERATION AND ADMINISTRATION.—Unless
otherwise agreed by the Secretary of the Navy, the Project—
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of California
either as a result of the acquisition of the land comprising
Camp Joseph H. Pendleton and adjoining naval installations,
and the rights to the use of water as a part of those acquisitions,
or through actual use or prescription, or both, since the date
of that acquisition, if any; and
(2) shall not be administered or operated in any way that
will impair or deplete the quantities of water the use of which
the United States would be entitled under the laws of the
State of California had the Project not been built.
(i) REPORTS TO CONGRESS.—Not later than 2 years after the
date of the enactment of this Act and periodically thereafter, the
Secretary and the Secretary of the Navy shall each submit to
the appropriate committees of Congress reports that describe
whether the conditions specified in subsection (b)(2) have been
met and if so, the manner in which the conditions were met.
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123 STAT. 1315
(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section—
(1) $60,000,000, as adjusted to reflect the engineering costs
indices for the construction cost of the Project; and
(2) such sums as are necessary to operate and maintain
the Project.
(k) SUNSET.—The authority of the Secretary to complete
construction of the Project shall terminate on the date that is
10 years after the date of enactment of this Act.
SEC. 9109. ELSINORE VALLEY MUNICIPAL WATER DISTRICT.
(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI;
43 U.S.C. 390h et seq.) (as amended by section 9104(a)) is amended
by adding at the end the following:
‘‘SEC.
1650.
ELSINORE VALLEY MUNICIPAL
PROJECTS, CALIFORNIA.
WATER
DISTRICT
43 USC 390h–33.
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the
Elsinore Valley Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater
treatment and reclamation facilities that will be used to treat
wastewater and provide recycled water in the Elsinore Valley
Municipal Water District, California.
‘‘(b) COST SHARING.—The Federal share of the cost of each
project described in subsection (a) shall not exceed 25 percent
of the total cost of the project.
‘‘(c) LIMITATION.—Funds provided by the Secretary under this
section shall not be used for operation or maintenance of the projects
described in subsection (a).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $12,500,000.’’.
(b) CLERICAL AMENDMENT.—The table of sections in section
2 of Public Law 102–575 (as amended by section 9104(b)) is
amended by inserting after the item relating to section 1649 the
following:
‘‘Sec. 1650. Elsinore Valley Municipal Water District Projects, California.’’.
SEC. 9110. NORTH BAY WATER REUSE AUTHORITY.
(a) PROJECT AUTHORIZATION.—The Reclamation Wastewater
and Groundwater Study and Facilities Act (Public Law 102–575,
title XVI; 43 U.S.C. 390h et seq.) (as amended by section 9109(a))
is amended by adding at the end the following:
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‘‘SEC. 1651. NORTH BAY WATER REUSE PROGRAM.
43 USC 390h–34.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a
member agency of the North Bay Water Reuse Authority of
the State located in the North San Pablo Bay watershed in—
‘‘(A) Marin County;
‘‘(B) Napa County;
‘‘(C) Solano County; or
‘‘(D) Sonoma County.
‘‘(2) WATER RECLAMATION AND REUSE PROJECT.—The term
‘water reclamation and reuse project’ means a project carried
out by the Secretary and an eligible entity in the North San
Pablo Bay watershed relating to—
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123 STAT. 1316
PUBLIC LAW 111–11—MAR. 30, 2009
‘‘(A) water quality improvement;
‘‘(B) wastewater treatment;
‘‘(C) water reclamation and reuse;
‘‘(D) groundwater recharge and protection;
‘‘(E) surface water augmentation; or
‘‘(F) other related improvements.
‘‘(3) STATE.—The term ‘State’ means the State of California.
‘‘(b) NORTH BAY WATER REUSE PROGRAM.—
‘‘(1) IN GENERAL.—Contingent upon a finding of feasibility,
the Secretary, acting through a cooperative agreement with
the State or a subdivision of the State, is authorized to enter
into cooperative agreements with eligible entities for the planning, design, and construction of water reclamation and reuse
facilities and recycled water conveyance and distribution systems.
‘‘(2) COORDINATION WITH OTHER FEDERAL AGENCIES.—In
carrying out this section, the Secretary and the eligible entity
shall, to the maximum extent practicable, use the design work
and environmental evaluations initiated by—
‘‘(A) non-Federal entities; and
‘‘(B) the Corps of Engineers in the San Pablo Bay
Watershed of the State.
‘‘(3) PHASED PROJECT.—A cooperative agreement described
in paragraph (1) shall require that the North Bay Water Reuse
Program carried out under this section shall consist of 2 phases
as follows:
‘‘(A) FIRST PHASE.—During the first phase, the Secretary and an eligible entity shall complete the planning,
design, and construction of the main treatment and main
conveyance systems.
‘‘(B) SECOND PHASE.—During the second phase, the
Secretary and an eligible entity shall complete the planning, design, and construction of the sub-regional distribution systems.
‘‘(4) COST SHARING.—
‘‘(A) FEDERAL SHARE.—The Federal share of the cost
of the first phase of the project authorized by this section
shall not exceed 25 percent of the total cost of the first
phase of the project.
‘‘(B) FORM OF NON-FEDERAL SHARE.—The non-Federal
share may be in the form of any in-kind services that
the Secretary determines would contribute substantially
toward the completion of the water reclamation and reuse
project, including—
‘‘(i) reasonable costs incurred by the eligible entity
relating to the planning, design, and construction of
the water reclamation and reuse project; and
‘‘(ii) the acquisition costs of land acquired for the
project that is—
‘‘(I) used for planning, design, and construction
of the water reclamation and reuse project facilities; and
‘‘(II) owned by an eligible entity and directly
related to the project.
‘‘(C) LIMITATION.—The Secretary shall not provide
funds for the operation and maintenance of the project
authorized by this section.
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123 STAT. 1317
‘‘(5) EFFECT.—Nothing in this section—
‘‘(A) affects or preempts—
‘‘(i) State water law; or
‘‘(ii) an interstate compact relating to the allocation
of water; or
‘‘(B) confers on any non-Federal entity the ability to
exercise any Federal right to—
‘‘(i) the water of a stream; or
‘‘(ii) any groundwater resource.
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for the Federal share of the total
cost of the first phase of the project authorized by this section
$25,000,000, to remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The table of sections in section
2 of Public Law 102–575 (as amended by section 9109(b)) is
amended by inserting after the item relating to section 1650 the
following:
‘‘Sec. 1651. North Bay water reuse program.’’.
SEC. 9111. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT,
CALIFORNIA.
(a) PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.—
(1) IN GENERAL.—The Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102–575,
title XVI; 43 U.S.C. 390h et seq.) (as amended by section
9110(a)) is amended by adding at the end the following:
‘‘SEC. 1652. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT.
43 USC 390h–35.
‘‘(a) IN GENERAL.—The Secretary, in cooperation with the
Orange County Water District, shall participate in the planning,
design, and construction of natural treatment systems and wetlands
for the flows of the Santa Ana River, California, and its tributaries
into the Prado Basin.
‘‘(b) COST SHARING.—The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not
be used for the operation and maintenance of the project described
in subsection (a).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000.
‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect
after the date that is 10 years after the date of the enactment
of this section.’’.
(2) CONFORMING AMENDMENT.—The table of sections in section 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended
by section 9110(b)) is amended by inserting after the last item
the following:
‘‘1652. Prado Basin Natural Treatment System Project.’’.
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AND
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(b) LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION
RECLAMATION PROJECT.—
(1) IN GENERAL.—The Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102–575,
title XVI; 43 U.S.C. 390h et seq.) (as amended by subsection
(a)(1)) is amended by adding at the end the following:
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123 STAT. 1318
43 USC 390h–36.
PUBLIC LAW 111–11—MAR. 30, 2009
‘‘SEC. 1653. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT.
‘‘(a) IN GENERAL.—The Secretary, in cooperation with the Chino
Basin Watermaster, the Inland Empire Utilities Agency, and the
Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning,
and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project.
‘‘(b) COST SHARING.—The Federal share of the cost of the project
described in subsection (a) shall not exceed—
‘‘(1) 25 percent of the total cost of the project; or
‘‘(2) $26,000,000.
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not
be used for operation or maintenance of the project described in
subsection (a).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
‘‘(e) SUNSET OF AUTHORITY.—This section shall have no effect
after the date that is 10 years after the date of the enactment
of this section.’’.
(2) CONFORMING AMENDMENT.—The table of sections in section 2 of Public Law 102–575 (43 U.S.C. prec. 371) (as amended
by subsection (a)(2)) is amended by inserting after the last
item the following:
‘‘1653. Lower Chino dairy area desalination demonstration and reclamation
project.’’.
(c) ORANGE COUNTY REGIONAL WATER RECLAMATION
PROJECT.—Section 1624 of the Reclamation Wastewater and
Groundwater Study and Facilities Act (Public Law 102–575, title
XVI; 43 U.S.C. 390h–12j) is amended—
(1) in the section heading, by striking the words ‘‘PHASE
1 OF THE’’; and
(2) in subsection (a), by striking ‘‘phase 1 of’’.
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SEC. 9112. BUNKER HILL GROUNDWATER BASIN, CALIFORNIA.
(a) DEFINITIONS.—In this section:
(1) DISTRICT.—The term ‘‘District’’ means the Western
Municipal Water District, Riverside County, California.
(2) PROJECT.—
(A) IN GENERAL.—The term ‘‘Project’’ means the Riverside-Corona Feeder Project.
(B) INCLUSIONS.—The term ‘‘Project’’ includes—
(i) 20 groundwater wells;
(ii) groundwater treatment facilities;
(iii) water storage and pumping facilities; and
(iv) 28 miles of pipeline in San Bernardino and
Riverside Counties in the State of California.
(C) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(b) PLANNING, DESIGN, AND CONSTRUCTION OF RIVERSIDECORONA FEEDER.—
(1) IN GENERAL.—The Secretary, in cooperation with the
District, may participate in the planning, design, and construction of the Project.
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123 STAT. 1319
(2) AGREEMENTS AND REGULATIONS.—The Secretary may
enter into such agreements and promulgate such regulations
as are necessary to carry out this subsection.
(3) FEDERAL SHARE.—
(A) PLANNING, DESIGN, CONSTRUCTION.—The Federal
share of the cost to plan, design, and construct the Project
shall not exceed the lesser of—
(i) an amount equal to 25 percent of the total
cost of the Project; and
(ii) $26,000,000.
(B) STUDIES.—The Federal share of the cost to complete
the necessary planning studies associated with the
Project—
(i) shall not exceed an amount equal to 50 percent
of the total cost of the studies; and
(ii) shall be included as part of the limitation
described in subparagraph (A).
(4) IN-KIND SERVICES.—The non-Federal share of the cost
of the Project may be provided in cash or in kind.
(5) LIMITATION.—Funds provided by the Secretary under
this subsection shall not be used for operation or maintenance
of the Project.
(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection the lesser of—
(A) an amount equal to 25 percent of the total cost
of the Project; and
(B) $26,000,000.
SEC. 9113. GREAT PROJECT, CALIFORNIA.
(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (title XVI of Public Law 102–575;
43 U.S.C. 390h et seq.) (as amended by section 9111(b)(1)) is
amended by adding at the end the following:
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‘‘SEC. 1654. OXNARD, CALIFORNIA, WATER RECLAMATION, REUSE, AND
TREATMENT PROJECT.
43 USC 390h–37.
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the
City of Oxnard, California, may participate in the design, planning,
and construction of Phase I permanent facilities for the GREAT
project to reclaim, reuse, and treat impaired water in the area
of Oxnard, California.
‘‘(b) COST SHARE.—The Federal share of the costs of the project
described in subsection (a) shall not exceed 25 percent of the total
cost.
‘‘(c) LIMITATION.—The Secretary shall not provide funds for
the following:
‘‘(1) The operations and maintenance of the project
described in subsection (a).
‘‘(2) The construction, operations, and maintenance of the
visitor’s center related to the project described in subsection
(a).
‘‘(d) SUNSET OF AUTHORITY.—The authority of the Secretary
to carry out any provisions of this section shall terminate 10 years
after the date of the enactment of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections in section
2 of the Reclamation Projects Authorization and Adjustment Act
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PUBLIC LAW 111–11—MAR. 30, 2009
of 1992 (as amended by section 9111(b)(2)) is amended by inserting
after the last item the following:
‘‘Sec. 1654. Oxnard, California, water reclamation, reuse, and treatment project.’’.
SEC. 9114. YUCAIPA VALLEY WATER DISTRICT, CALIFORNIA.
(a) IN GENERAL.—The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102–575, title XVI;
43 U.S.C. 390h et seq.) (as amended by section 9113(a)) is amended
by adding at the end the following:
43 USC 390h–38.
‘‘SEC. 1655. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL
PROJECT.
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the
Yucaipa Valley Water District, may participate in the design, planning, and construction of projects to treat impaired surface water,
reclaim and reuse impaired groundwater, and provide brine disposal
within the Santa Ana Watershed as described in the report submitted under section 1606.
‘‘(b) COST SHARING.—The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
‘‘(c) LIMITATION.—Funds provided by the Secretary shall not
be used for operation or maintenance of the project described in
subsection (a).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $20,000,000.
43 USC 390h–39.
‘‘SEC. 1656. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER
RECYCLING AND REUSE PROJECT.
‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the
City of Corona Water Utility, California, is authorized to participate
in the design, planning, and construction of, and land acquisition
for, a project to reclaim and reuse wastewater, including degraded
groundwaters, within and outside of the service area of the City
of Corona Water Utility, California.
‘‘(b) COST SHARE.—The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
‘‘(c) LIMITATION.—The Secretary shall not provide funds for
the operation and maintenance of the project authorized by this
section.’’.
(b) CONFORMING AMENDMENTS.—The table of sections in section
2 of Public Law 102–575 (as amended by section 9114(b)) is
amended by inserting after the last item the following:
‘‘Sec. 1655. Yucaipa Valley Regional Water Supply Renewal Project.
‘‘Sec. 1656. City of Corona Water Utility, California, water recycling and reuse
project.’’.
SEC. 9115. ARKANSAS VALLEY CONDUIT, COLORADO.
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43 USC 616.
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(a) COST SHARE.—The first section of Public Law 87–590 (76
Stat. 389) is amended in the second sentence of subsection (c)
by inserting after ‘‘cost thereof,’’ the following: ‘‘or in the case
of the Arkansas Valley Conduit, payment in an amount equal
to 35 percent of the cost of the conduit that is comprised of revenue
generated by payments pursuant to a repayment contract and revenue that may be derived from contracts for the use of FryingpanArkansas project excess capacity or exchange contracts using
Fryingpan-Arkansas project facilities,’’.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1321
(b) RATES.—Section 2(b) of Public Law 87–590 (76 Stat. 390)
is amended—
(1) by striking ‘‘(b) Rates’’ and inserting the following:
‘‘(b) RATES.—
‘‘(1) IN GENERAL.—Rates’’; and
(2) by adding at the end the following:
‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN VALLEY PIPELINE,
AND SOUTH OUTLET WORKS AT PUEBLO DAM AND RESERVOIR.—
‘‘(A) IN GENERAL.—Notwithstanding the reclamation
laws, until the date on which the payments for the
Arkansas Valley Conduit under paragraph (3) begin, any
revenue that may be derived from contracts for the use
of Fryingpan-Arkansas project excess capacity or exchange
contracts using Fryingpan-Arkansas project facilities shall
be credited towards payment of the actual cost of Ruedi
Dam and Reservoir, the Fountain Valley Pipeline, and
the South Outlet Works at Pueblo Dam and Reservoir
plus interest in an amount determined in accordance with
this section.
‘‘(B) EFFECT.—Nothing in the Federal reclamation law
(the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act
(43 U.S.C. 371 et seq.)) prohibits the concurrent crediting
of revenue (with interest as provided under this section)
towards payment of the Arkansas Valley Conduit as provided under this paragraph.
‘‘(3) ARKANSAS VALLEY CONDUIT.—
‘‘(A) USE OF REVENUE.—Notwithstanding the reclamation laws, any revenue derived from contracts for the use
of Fryingpan-Arkansas project excess capacity or exchange
contracts using Fryingpan-Arkansas project facilities shall
be credited towards payment of the actual cost of the
Arkansas Valley Conduit plus interest in an amount determined in accordance with this section.
‘‘(B) ADJUSTMENT OF RATES.—Any rates charged under
this section for water for municipal, domestic, or industrial
use or for the use of facilities for the storage or delivery
of water shall be adjusted to reflect the estimated revenue
derived from contracts for the use of Fryingpan-Arkansas
project excess capacity or exchange contracts using
Fryingpan-Arkansas project facilities.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 7 of Public
Law 87–590 (76 Stat. 393) is amended—
(1) by striking ‘‘SEC. 7. There is hereby’’ and inserting
the following:
43 USC 616a.
43 USC 616f.
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‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There is’’; and
(2) by adding at the end the following:
‘‘(b) ARKANSAS VALLEY CONDUIT.—
‘‘(1) IN GENERAL.—Subject to annual appropriations and
paragraph (2), there are authorized to be appropriated such
sums as are necessary for the construction of the Arkansas
Valley Conduit.
‘‘(2) LIMITATION.—Amounts made available under paragraph (1) shall not be used for the operation or maintenance
of the Arkansas Valley Conduit.’’.
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123 STAT. 1322
PUBLIC LAW 111–11—MAR. 30, 2009
Subtitle C—Title Transfers and
Clarifications
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Oklahoma.
SEC. 9201. TRANSFER OF MCGEE CREEK PIPELINE AND FACILITIES.
(a) DEFINITIONS.—In this section:
(1) AGREEMENT.—The term ‘‘Agreement’’ means the agreement numbered 06–AG–60–2115 and entitled ‘‘Agreement
Between the United States of America and McGee Creek
Authority for the Purpose of Defining Responsibilities Related
to and Implementing the Title Transfer of Certain Facilities
at the McGee Creek Project, Oklahoma’’.
(2) AUTHORITY.—The term ‘‘Authority’’ means the McGee
Creek Authority located in Oklahoma City, Oklahoma.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) CONVEYANCE OF MCGEE CREEK PROJECT PIPELINE AND ASSOCIATED FACILITIES.—
(1) AUTHORITY TO CONVEY.—
(A) IN GENERAL.—In accordance with all applicable
laws and consistent with any terms and conditions provided
in the Agreement, the Secretary may convey to the
Authority all right, title, and interest of the United States
in and to the pipeline and any associated facilities described
in the Agreement, including—
(i) the pumping plant;
(ii) the raw water pipeline from the McGee Creek
pumping plant to the rate of flow control station at
Lake Atoka;
(iii) the surge tank;
(iv) the regulating tank;
(v) the McGee Creek operation and maintenance
complex, maintenance shop, and pole barn; and
(vi) any other appurtenances, easements, and fee
title land associated with the facilities described in
clauses (i) through (v), in accordance with the Agreement.
(B) EXCLUSION OF MINERAL ESTATE FROM CONVEYANCE.—
(i) IN GENERAL.—The mineral estate shall be
excluded from the conveyance of any land or facilities
under subparagraph (A).
(ii) MANAGEMENT.—Any mineral interests retained
by the United States under this section shall be managed—
(I) consistent with Federal law; and
(II) in a manner that would not interfere with
the purposes for which the McGee Creek Project
was authorized.
(C) COMPLIANCE WITH AGREEMENT; APPLICABLE LAW.—
(i) AGREEMENT.—All parties to the conveyance
under subparagraph (A) shall comply with the terms
and conditions of the Agreement, to the extent consistent with this section.
(ii) APPLICABLE LAW.—Before any conveyance
under subparagraph (A), the Secretary shall complete
any actions required under—
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(I) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(II) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(III) the National Historic Preservation Act
(16 U.S.C. 470 et seq.); and
(IV) any other applicable laws.
(2) OPERATION OF TRANSFERRED FACILITIES.—
(A) IN GENERAL.—On the conveyance of the land and
facilities under paragraph (1)(A), the Authority shall
comply with all applicable Federal, State, and local laws
(including regulations) in the operation of any transferred
facilities.
(B) OPERATION AND MAINTENANCE COSTS.—
(i) IN GENERAL.—After the conveyance of the land
and facilities under paragraph (1)(A) and consistent
with the Agreement, the Authority shall be responsible
for all duties and costs associated with the operation,
replacement, maintenance, enhancement, and betterment of the transferred land and facilities.
(ii) LIMITATION ON FUNDING.—The Authority shall
not be eligible to receive any Federal funding to assist
in the operation, replacement, maintenance, enhancement, and betterment of the transferred land and facilities, except for funding that would be available to
any comparable entity that is not subject to reclamation laws.
(3) RELEASE FROM LIABILITY.—
(A) IN GENERAL.—Effective beginning on the date of
the conveyance of the land and facilities under paragraph
(1)(A), the United States shall not be liable for damages
of any kind arising out of any act, omission, or occurrence
relating to any land or facilities conveyed, except for damages caused by acts of negligence committed by the United
States (including any employee or agent of the United
States) before the date of the conveyance.
(B) NO ADDITIONAL LIABILITY.—Nothing in this paragraph adds to any liability that the United States may
have under chapter 171 of title 28, United States Code.
(4) CONTRACTUAL OBLIGATIONS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), any rights and obligations under the contract numbered 0–07–50–X0822 and dated October 11, 1979, between
the Authority and the United States for the construction,
operation, and maintenance of the McGee Creek Project,
shall remain in full force and effect.
(B) AMENDMENTS.—With the consent of the Authority,
the Secretary may amend the contract described in
subparagraph (A) to reflect the conveyance of the land
and facilities under paragraph (1)(A).
(5) APPLICABILITY OF THE RECLAMATION LAWS.—Notwithstanding the conveyance of the land and facilities under paragraph (1)(A), the reclamation laws shall continue to apply to
any project water provided to the Authority.
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PUBLIC LAW 111–11—MAR. 30, 2009
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SEC. 9202. ALBUQUERQUE BIOLOGICAL PARK, NEW MEXICO, TITLE
CLARIFICATION.
(a) PURPOSE.—The purpose of this section is to direct the Secretary of the Interior to issue a quitclaim deed conveying any
right, title, and interest the United States may have in and to
Tingley Beach, San Gabriel Park, or the BioPark Parcels to the
City, thereby removing a potential cloud on the City’s title to
these lands.
(b) DEFINITIONS.—In this section:
(1) CITY.—The term ‘‘City’’ means the City of Albuquerque,
New Mexico.
(2) BIOPARK PARCELS.—The term ‘‘BioPark Parcels’’ means
a certain area of land containing 19.16 acres, more or less,
situated within the Town of Albuquerque Grant, in Projected
Section 13, Township 10 North, Range 2 East, N.M.P.M., City
of Albuquerque, Bernalillo County, New Mexico, comprised of
the following platted tracts and lot, and MRGCD tracts:
(A) Tracts A and B, Albuquerque Biological Park, as
the same are shown and designated on the Plat of Tracts
A & B, Albuquerque Biological Park, recorded in the Office
of the County Clerk of Bernalillo County, New Mexico
on February 11, 1994 in Book 94C, Page 44; containing
17.9051 acres, more or less.
(B) Lot B–1, Roger Cox Addition, as the same is shown
and designated on the Plat of Lots B–1 and B–2 Roger
Cox Addition, recorded in the Office of the County Clerk
of Bernalillo County, New Mexico on October 3, 1985 in
Book C28, Page 99; containing 0.6289 acres, more or less.
(C) Tract 361 of MRGCD Map 38, bounded on the
north by Tract A, Albuquerque Biological Park, on the
east by the westerly right-of-way of Central Avenue, on
the south by Tract 332B MRGCD Map 38, and on the
west by Tract B, Albuquerque Biological Park; containing
0.30 acres, more or less.
(D) Tract 332B of MRGCD Map 38; bounded on the
north by Tract 361, MRGCD Map 38, on the west by
Tract 32A–1–A, MRGCD Map 38, and on the south and
east by the westerly right-of-way of Central Avenue; containing 0.25 acres, more or less.
(E) Tract 331A–1A of MRGCD Map 38, bounded on
the west by Tract B, Albuquerque Biological Park, on the
east by Tract 332B, MRGCD Map 38, and on the south
by the westerly right-of-way of Central Avenue and Tract
A, Albuquerque Biological Park; containing 0.08 acres,
more or less.
(3) MIDDLE RIO GRANDE CONSERVANCY DISTRICT.—The
terms ‘‘Middle Rio Grande Conservancy District’’ and ‘‘MRGCD’’
mean a political subdivision of the State of New Mexico, created
in 1925 to provide and maintain flood protection and drainage,
and maintenance of ditches, canals, and distribution systems
for irrigation and water delivery and operations in the Middle
Rio Grande Valley.
(4) MIDDLE RIO GRANDE PROJECT.—The term ‘‘Middle Rio
Grande Project’’ means the works associated with water deliveries and operations in the Rio Grande basin as authorized
by the Flood Control Act of 1948 (Public Law 80–858; 62
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123 STAT. 1325
Stat. 1175) and the Flood Control Act of 1950 (Public Law
81–516; 64 Stat. 170).
(5) SAN GABRIEL PARK.—The term ‘‘San Gabriel Park’’
means the tract of land containing 40.2236 acres, more or
less, situated within Section 12 and Section 13, T10N, R2E,
N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico,
and described by New Mexico State Plane Grid Bearings (Central Zone) and ground distances in a Special Warranty Deed
conveying the property from MRGCD to the City, dated
November 25, 1997.
(6) TINGLEY BEACH.—The term ‘‘Tingley Beach’’ means the
tract of land containing 25.2005 acres, more or less, situated
within Section 13 and Section 24, T10N, R2E, and secs. 18
and 19, T10N, R3E, N.M.P.M., City of Albuquerque, Bernalillo
County, New Mexico, and described by New Mexico State Plane
Grid Bearings (Central Zone) and ground distances in a Special
Warranty Deed conveying the property from MRGCD to the
City, dated November 25, 1997.
(c) CLARIFICATION OF PROPERTY INTEREST.—
(1) REQUIRED ACTION.—The Secretary of the Interior shall
issue a quitclaim deed conveying any right, title, and interest
the United States may have in and to Tingley Beach, San
Gabriel Park, and the BioPark Parcels to the City.
(2) TIMING.—The Secretary shall carry out the action in
paragraph (1) as soon as practicable after the date of enactment
of this Act and in accordance with all applicable law.
(3) NO ADDITIONAL PAYMENT.—The City shall not be
required to pay any additional costs to the United States for
the value of San Gabriel Park, Tingley Beach, and the BioPark
Parcels.
(d) OTHER RIGHTS, TITLE, AND INTERESTS UNAFFECTED.—
(1) IN GENERAL.—Except as expressly provided in subsection (c), nothing in this section shall be construed to affect
any right, title, or interest in and to any land associated with
the Middle Rio Grande Project.
(2) ONGOING LITIGATION.—Nothing contained in this section
shall be construed or utilized to affect or otherwise interfere
with any position set forth by any party in the lawsuit pending
before the United States District Court for the District of New
Mexico, 99–CV–01320–JAP–RHS, entitled Rio Grande Silvery
Minnow v. John W. Keys, III, concerning the right, title, or
interest in and to any property associated with the Middle
Rio Grande Project.
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SEC. 9203. GOLETA WATER DISTRICT WATER DISTRIBUTION SYSTEM,
CALIFORNIA.
(a) DEFINITIONS.—In this section:
(1) AGREEMENT.—The term ‘‘Agreement’’ means Agreement
No. 07–LC–20–9387 between the United States and the District, entitled ‘‘Agreement Between the United States and the
Goleta Water District to Transfer Title of the Federally Owned
Distribution System to the Goleta Water District’’.
(2) DISTRICT.—The term ‘‘District’’ means the Goleta Water
District, located in Santa Barbara County, California.
(3) GOLETA WATER DISTRIBUTION SYSTEM.—The term
‘‘Goleta Water Distribution System’’ means the facilities constructed by the United States to enable the District to convey
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water to its water users, and associated lands, as described
in Appendix A of the Agreement.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) CONVEYANCE OF THE GOLETA WATER DISTRIBUTION
SYSTEM.—The Secretary is authorized to convey to the District
all right, title, and interest of the United States in and to the
Goleta Water Distribution System of the Cachuma Project, California, subject to valid existing rights and consistent with the
terms and conditions set forth in the Agreement.
(c) LIABILITY.—Effective upon the date of the conveyance
authorized by subsection (b), the United States shall not be held
liable by any court for damages of any kind arising out of any
act, omission, or occurrence relating to the lands, buildings, or
facilities conveyed under this section, except for damages caused
by acts of negligence committed by the United States or by its
employees or agents prior to the date of conveyance. Nothing in
this section increases the liability of the United States beyond
that provided in chapter 171 of title 28, United States Code (popularly known as the Federal Tort Claims Act).
(d) BENEFITS.—After conveyance of the Goleta Water Distribution System under this section—
(1) such distribution system shall not be considered to
be a part of a Federal reclamation project; and
(2) the District shall not be eligible to receive any benefits
with respect to any facility comprising the Goleta Water Distribution System, except benefits that would be available to
a similarly situated entity with respect to property that is
not part of a Federal reclamation project.
(e) COMPLIANCE WITH OTHER LAWS.—
(1) COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC
PRESERVATION LAWS.—Prior to any conveyance under this section, the Secretary shall complete all actions required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), the National Historic Preservation Act (16 U.S.C. 470
et seq.), and all other applicable laws.
(2) COMPLIANCE BY THE DISTRICT.—Upon the conveyance
of the Goleta Water Distribution System under this section,
the District shall comply with all applicable Federal, State,
and local laws and regulations in its operation of the facilities
that are transferred.
(3) APPLICABLE AUTHORITY.—All provisions of Federal reclamation law (the Act of June 17, 1902 (43 U.S.C. 371 et
seq.) and Acts supplemental to and amendatory of that Act)
shall continue to be applicable to project water provided to
the District.
(f) REPORT.—If, 12 months after the date of the enactment
of this Act, the Secretary has not completed the conveyance required
under subsection (b), the Secretary shall complete a report that
states the reason the conveyance has not been completed and the
date by which the conveyance shall be completed. The Secretary
shall submit a report required under this subsection to Congress
not later than 14 months after the date of the enactment of this
Act.
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Subtitle D—San Gabriel Basin Restoration
Fund
SEC. 9301. RESTORATION FUND.
Section 110 of division B of the Miscellaneous Appropriations
Act, 2001 (114 Stat. 2763A–222), as enacted into law by section
1(a)(4) of the Consolidated Appropriations Act, 2001 (Public Law
106–554, as amended by Public Law 107–66), is further amended—
(1) in subsection (a)(3)(B), by inserting after clause (iii)
the following:
‘‘(iv) NON-FEDERAL MATCH.—After $85,000,000 has
cumulatively been appropriated under subsection
(d)(1), the remainder of Federal funds appropriated
under subsection (d) shall be subject to the following
matching requirement:
‘‘(I) SAN GABRIEL BASIN WATER QUALITY
AUTHORITY.—The San Gabriel Basin Water Quality
Authority shall be responsible for providing a 35
percent non-Federal match for Federal funds made
available to the Authority under this Act.
‘‘(II) CENTRAL BASIN MUNICIPAL WATER DISTRICT.—The Central Basin Municipal Water District shall be responsible for providing a 35 percent
non-Federal match for Federal funds made available to the District under this Act.’’;
(2) in subsection (a), by adding at the end the following:
‘‘(4) INTEREST ON FUNDS IN RESTORATION FUND.—No
amounts appropriated above the cumulative amount of
$85,000,000 to the Restoration Fund under subsection (d)(1)
shall be invested by the Secretary of the Treasury in interestbearing securities of the United States.’’; and
(3) by amending subsection (d) to read as follows:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to the Restoration Fund established under subsection (a)
$146,200,000. Such funds shall remain available until
expended.
‘‘(2) SET-ASIDE.—Of the amounts appropriated under paragraph (1), no more than $21,200,000 shall be made available
to carry out the Central Basin Water Quality Project.’’.
Subtitle E—Lower Colorado River MultiSpecies Conservation Program
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SEC. 9401. DEFINITIONS.
In this subtitle:
(1) LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION
PROGRAM.—The term ‘‘Lower Colorado River Multi-Species Conservation Program’’ or ‘‘LCR MSCP’’ means the cooperative
effort on the Lower Colorado River between Federal and nonFederal entities in Arizona, California, and Nevada approved
by the Secretary of the Interior on April 2, 2005.
(2) LOWER COLORADO RIVER.—The term ‘‘Lower Colorado
River’’ means the segment of the Colorado River within the
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planning area as provided in section 2(B) of the Implementing
Agreement, a Program Document.
(3) PROGRAM DOCUMENTS.—The term ‘‘Program Documents’’ means the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental
Impact Statement/Environmental Impact Report, Funding and
Management Agreement, Implementing Agreement, and Section 10(a)(1)(B) Permit issued and, as applicable, executed in
connection with the LCR MSCP, and any amendments or successor documents that are developed consistent with existing
agreements and applicable law.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—The term ‘‘State’’ means each of the States
of Arizona, California, and Nevada.
SEC. 9402. IMPLEMENTATION AND WATER ACCOUNTING.
(a) IMPLEMENTATION.—The Secretary is authorized to manage
and implement the LCR MSCP in accordance with the Program
Documents.
(b) WATER ACCOUNTING.—The Secretary is authorized to enter
into an agreement with the States providing for the use of water
from the Lower Colorado River for habitat creation and maintenance
in accordance with the Program Documents.
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS.
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(a) IN GENERAL.—Due to the unique conditions of the Colorado
River, any party to the Funding and Management Agreement or
the Implementing Agreement, and any permittee under the Section
10(a)(1)(B) Permit, may commence a civil action in United States
district court to adjudicate, confirm, validate or decree the rights
and obligations of the parties under those Program Documents.
(b) JURISDICTION.—The district court shall have jurisdiction
over such actions and may issue such orders, judgments, and
decrees as are consistent with the court’s exercise of jurisdiction
under this section.
(c) UNITED STATES AS DEFENDANT.—
(1) IN GENERAL.—The United States or any agency of the
United States may be named as a defendant in such actions.
(2) SOVEREIGN IMMUNITY.—Subject to paragraph (3), the
sovereign immunity of the United States is waived for purposes
of actions commenced pursuant to this section.
(3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing in this section waives the sovereign immunity of the United States to
claims for money damages, monetary compensation, the provision of indemnity, or any claim seeking money from the United
States.
(d) RIGHTS UNDER FEDERAL AND STATE LAW.—
(1) IN GENERAL.—Except as specifically provided in this
section, nothing in this section limits any rights or obligations
of any party under Federal or State law.
(2) APPLICABILITY TO LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM.—This section—
(A) shall apply only to the Lower Colorado River MultiSpecies Conservation Program; and
(B) shall not affect the terms of, or rights or obligations
under, any other conservation plan created pursuant to
any Federal or State law.
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(e) VENUE.—Any suit pursuant to this section may be brought
in any United States district court in the State in which any
non-Federal party to the suit is situated.
SEC. 9404. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
the Secretary such sums as may be necessary to meet the obligations of the Secretary under the Program Documents, to remain
available until expended.
(b) NON-REIMBURSABLE AND NON-RETURNABLE.—All amounts
appropriated to and expended by the Secretary for the LCR MSCP
shall be non-reimbursable and non-returnable.
Subtitle F—Secure Water
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SEC. 9501. FINDINGS.
42 USC 10361.
Congress finds that—
(1) adequate and safe supplies of water are fundamental
to the health, economy, security, and ecology of the United
States;
(2) systematic data-gathering with respect to, and research
and development of, the water resources of the United States
will help ensure the continued existence of sufficient quantities
of water to support—
(A) increasing populations;
(B) economic growth;
(C) irrigated agriculture;
(D) energy production; and
(E) the protection of aquatic ecosystems;
(3) global climate change poses a significant challenge to
the protection and use of the water resources of the United
States due to an increased uncertainty with respect to the
timing, form, and geographical distribution of precipitation,
which may have a substantial effect on the supplies of water
for agricultural, hydroelectric power, industrial, domestic
supply, and environmental needs;
(4) although States bear the primary responsibility and
authority for managing the water resources of the United
States, the Federal Government should support the States,
as well as regional, local, and tribal governments, by carrying
out—
(A) nationwide data collection and monitoring activities;
(B) relevant research; and
(C) activities to increase the efficiency of the use of
water in the United States;
(5) Federal agencies that conduct water management and
related activities have a responsibility—
(A) to take a lead role in assessing risks to the water
resources of the United States (including risks posed by
global climate change); and
(B) to develop strategies—
(i) to mitigate the potential impacts of each risk
described in subparagraph (A); and
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(ii) to help ensure that the long-term water
resources management of the United States is sustainable and will ensure sustainable quantities of water;
(6) it is critical to continue and expand research and monitoring efforts—
(A) to improve the understanding of the variability
of the water cycle; and
(B) to provide basic information necessary—
(i) to manage and efficiently use the water
resources of the United States; and
(ii) to identify new supplies of water that are
capable of being reclaimed; and
(7) the study of water use is vital—
(A) to the understanding of the impacts of human
activity on water and ecological resources; and
(B) to the assessment of whether available surface
and groundwater supplies will be available to meet the
future needs of the United States.
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42 USC 10362.
SEC. 9502. DEFINITIONS.
In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the National Advisory Committee on Water Information
established—
(A) under the Office of Management and Budget Circular 92–01; and
(B) to coordinate water data collection activities.
(3) ASSESSMENT PROGRAM.—The term ‘‘assessment program’’ means the water availability and use assessment program established by the Secretary under section 9508(a).
(4) CLIMATE DIVISION.—The term ‘‘climate division’’ means
1 of the 359 divisions in the United States that represents
2 or more regions located within a State that are as climatically
homogeneous as possible, as determined by the Administrator.
(5) COMMISSIONER.—The term ‘‘Commissioner’’ means the
Commissioner of Reclamation.
(6) DIRECTOR.—The term ‘‘Director’’ means the Director
of the United States Geological Survey.
(7) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’
means any State, Indian tribe, irrigation district, water district,
or other organization with water or power delivery authority.
(8) FEDERAL POWER MARKETING ADMINISTRATION.—The
term ‘‘Federal Power Marketing Administration’’ means—
(A) the Bonneville Power Administration;
(B) the Southeastern Power Administration;
(C) the Southwestern Power Administration; and
(D) the Western Area Power Administration.
(9) HYDROLOGIC ACCOUNTING UNIT.—The term ‘‘hydrologic
accounting unit’’ means 1 of the 352 river basin hydrologic
accounting units used by the United States Geological Survey.
(10) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
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123 STAT. 1331
(11) MAJOR AQUIFER SYSTEM.—The term ‘‘major aquifer
system’’ means a groundwater system that is—
(A) identified as a significant groundwater system by
the Director; and
(B) included in the Groundwater Atlas of the United
States, published by the United States Geological Survey.
(12) MAJOR RECLAMATION RIVER BASIN.—
(A) IN GENERAL.—The term ‘‘major reclamation river
basin’’ means each major river system (including tributaries)—
(i) that is located in a service area of the Bureau
of Reclamation; and
(ii) at which is located a federally authorized
project of the Bureau of Reclamation.
(B) INCLUSIONS.—The term ‘‘major reclamation river
basin’’ includes—
(i) the Colorado River;
(ii) the Columbia River;
(iii) the Klamath River;
(iv) the Missouri River;
(v) the Rio Grande;
(vi) the Sacramento River;
(vii) the San Joaquin River; and
(viii) the Truckee River.
(13) NON-FEDERAL PARTICIPANT.—The term ‘‘non-Federal
participant’’ means—
(A) a State, regional, or local authority;
(B) an Indian tribe or tribal organization; or
(C) any other qualifying entity, such as a water conservation district, water conservancy district, or rural water
district or association, or a nongovernmental organization.
(14) PANEL.—The term ‘‘panel’’ means the climate change
and water intragovernmental panel established by the Secretary under section 9506(a).
(15) PROGRAM.—The term ‘‘program’’ means the regional
integrated sciences and assessments program—
(A) established by the Administrator; and
(B) that is comprised of 8 regional programs that use
advances in integrated climate sciences to assist decisionmaking processes.
(16) SECRETARY.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘‘Secretary’’ means the Secretary of the
Interior.
(B) EXCEPTIONS.—The term ‘‘Secretary’’ means—
(i) in the case of sections 9503, 9504, and 9509,
the Secretary of the Interior (acting through the
Commissioner); and
(ii) in the case of sections 9507 and 9508, the
Secretary of the Interior (acting through the Director).
(17) SERVICE AREA.—The term ‘‘service area’’ means any
area that encompasses a watershed that contains a federally
authorized reclamation project that is located in any State
or area described in the first section of the Act of June 17,
1902 (43 U.S.C. 391).
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42 USC 10363.
Assessment.
Analysis.
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PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 9503. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
(a) IN GENERAL.—The Secretary shall establish a climate
change adaptation program—
(1) to coordinate with the Administrator and other appropriate agencies to assess each effect of, and risk resulting
from, global climate change with respect to the quantity of
water resources located in a service area; and
(2) to ensure, to the maximum extent possible, that strategies are developed at watershed and aquifer system scales
to address potential water shortages, conflicts, and other
impacts to water users located at, and the environment of,
each service area.
(b) REQUIRED ELEMENTS.—In carrying out the program
described in subsection (a), the Secretary shall—
(1) coordinate with the United States Geological Survey,
the National Oceanic and Atmospheric Administration, the program, and each appropriate State water resource agency, to
ensure that the Secretary has access to the best available
scientific information with respect to presently observed and
projected future impacts of global climate change on water
resources;
(2) assess specific risks to the water supply of each major
reclamation river basin, including any risk relating to—
(A) a change in snowpack;
(B) changes in the timing and quantity of runoff;
(C) changes in groundwater recharge and discharge;
and
(D) any increase in—
(i) the demand for water as a result of increasing
temperatures; and
(ii) the rate of reservoir evaporation;
(3) with respect to each major reclamation river basin,
analyze the extent to which changes in the water supply of
the United States will impact—
(A) the ability of the Secretary to deliver water to
the contractors of the Secretary;
(B) hydroelectric power generation facilities;
(C) recreation at reclamation facilities;
(D) fish and wildlife habitat;
(E) applicable species listed as an endangered, threatened, or candidate species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(F) water quality issues (including salinity levels of
each major reclamation river basin);
(G) flow and water dependent ecological resiliency; and
(H) flood control management;
(4) in consultation with appropriate non-Federal participants, consider and develop appropriate strategies to mitigate
each impact of water supply changes analyzed by the Secretary
under paragraph (3), including strategies relating to—
(A) the modification of any reservoir storage or operating guideline in existence as of the date of enactment
of this Act;
(B) the development of new water management, operating, or habitat restoration plans;
(C) water conservation;
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PUBLIC LAW 111–11—MAR. 30, 2009
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(D) improved hydrologic models and other decision support systems; and
(E) groundwater and surface water storage needs; and
(5) in consultation with the Director, the Administrator,
the Secretary of Agriculture (acting through the Chief of the
Natural Resources Conservation Service), and applicable State
water resource agencies, develop a monitoring plan to acquire
and maintain water resources data—
(A) to strengthen the understanding of water supply
trends; and
(B) to assist in each assessment and analysis conducted
by the Secretary under paragraphs (2) and (3).
(c) REPORTING.—Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall
submit to the appropriate committees of Congress a report that
describes—
(1) each effect of, and risk resulting from, global climate
change with respect to the quantity of water resources located
in each major reclamation river basin;
(2) the impact of global climate change with respect to
the operations of the Secretary in each major reclamation river
basin;
(3) each mitigation and adaptation strategy considered and
implemented by the Secretary to address each effect of global
climate change described in paragraph (1);
(4) each coordination activity conducted by the Secretary
with—
(A) the Director;
(B) the Administrator;
(C) the Secretary of Agriculture (acting through the
Chief of the Natural Resources Conservation Service); or
(D) any appropriate State water resource agency; and
(5) the implementation by the Secretary of the monitoring
plan developed under subsection (b)(5).
(d) FEASIBILITY STUDIES.—
(1) AUTHORITY OF SECRETARY.—The Secretary, in cooperation with any non-Federal participant, may conduct 1 or more
studies to determine the feasibility and impact on ecological
resiliency of implementing each mitigation and adaptation
strategy described in subsection (c)(3), including the construction of any water supply, water management, environmental,
or habitat enhancement water infrastructure that the Secretary
determines to be necessary to address the effects of global
climate change on water resources located in each major reclamation river basin.
(2) COST SHARING.—
(A) FEDERAL SHARE.—
(i) IN GENERAL.—Except as provided in clause (ii),
the Federal share of the cost of a study described
in paragraph (1) shall not exceed 50 percent of the
cost of the study.
(ii) EXCEPTION RELATING TO FINANCIAL HARDSHIP.—The Secretary may increase the Federal share
of the cost of a study described in paragraph (1) to
exceed 50 percent of the cost of the study if the Secretary determines that, due to a financial hardship,
the non-Federal participant of the study is unable to
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contribute an amount equal to 50 percent of the cost
of the study.
(B) NON-FEDERAL SHARE.—The non-Federal share of
the cost of a study described in paragraph (1) may be
provided in the form of any in-kind services that substantially contribute toward the completion of the study, as
determined by the Secretary.
(e) NO EFFECT ON EXISTING AUTHORITY.—Nothing in this section amends or otherwise affects any existing authority under reclamation laws that govern the operation of any Federal reclamation
project.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2009 through 2023, to remain available until expended.
42 USC 10364.
SEC. 9504. WATER MANAGEMENT IMPROVEMENT.
(a) AUTHORIZATION
OF
GRANTS
AND
COOPERATIVE AGREE-
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MENTS.—
(1) AUTHORITY OF SECRETARY.—The Secretary may provide
any grant to, or enter into an agreement with, any eligible
applicant to assist the eligible applicant in planning, designing,
or constructing any improvement—
(A) to conserve water;
(B) to increase water use efficiency;
(C) to facilitate water markets;
(D) to enhance water management, including
increasing the use of renewable energy in the management
and delivery of water;
(E) to accelerate the adoption and use of advanced
water treatment technologies to increase water supply;
(F) to prevent the decline of species that the United
States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or
candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed
rule);
(G) to accelerate the recovery of threatened species,
endangered species, and designated critical habitats that
are adversely affected by Federal reclamation projects or
are subject to a recovery plan or conservation plan under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) under which the Commissioner of Reclamation has
implementation responsibilities; or
(H) to carry out any other activity—
(i) to address any climate-related impact to the
water supply of the United States that increases
ecological resiliency to the impacts of climate change;
or
(ii) to prevent any water-related crisis or conflict
at any watershed that has a nexus to a Federal reclamation project located in a service area.
(2) APPLICATION.—To be eligible to receive a grant, or enter
into an agreement with the Secretary under paragraph (1),
an eligible applicant shall—
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(A) be located within the States and areas referred
to in the first section of the Act of June 17, 1902 (43
U.S.C. 391); and
(B) submit to the Secretary an application that includes
a proposal of the improvement or activity to be planned,
designed, constructed, or implemented by the eligible
applicant.
(3) REQUIREMENTS OF GRANTS AND COOPERATIVE AGREEMENTS.—
(A) COMPLIANCE WITH REQUIREMENTS.—Each grant and
agreement entered into by the Secretary with any eligible
applicant under paragraph (1) shall be in compliance with
each requirement described in subparagraphs (B) through
(F).
(B) AGRICULTURAL OPERATIONS.—In carrying out paragraph (1), the Secretary shall not provide a grant, or enter
into an agreement, for an improvement to conserve irrigation water unless the eligible applicant agrees not—
(i) to use any associated water savings to increase
the total irrigated acreage of the eligible applicant;
or
(ii) to otherwise increase the consumptive use of
water in the operation of the eligible applicant, as
determined pursuant to the law of the State in which
the operation of the eligible applicant is located.
(C) NONREIMBURSABLE FUNDS.—Any funds provided by
the Secretary to an eligible applicant through a grant or
agreement under paragraph (1) shall be nonreimbursable.
(D) TITLE TO IMPROVEMENTS.—If an infrastructure
improvement to a federally owned facility is the subject
of a grant or other agreement entered into between the
Secretary and an eligible applicant under paragraph (1),
the Federal Government shall continue to hold title to
the facility and improvements to the facility.
(E) COST SHARING.—
(i) FEDERAL SHARE.—The Federal share of the cost
of any infrastructure improvement or activity that is
the subject of a grant or other agreement entered into
between the Secretary and an eligible applicant under
paragraph (1) shall not exceed 50 percent of the cost
of the infrastructure improvement or activity.
(ii) CALCULATION OF NON-FEDERAL SHARE.—In calculating the non-Federal share of the cost of an infrastructure improvement or activity proposed by an
eligible applicant through an application submitted by
the eligible applicant under paragraph (2), the Secretary shall—
(I) consider the value of any in-kind services
that substantially contributes toward the completion of the improvement or activity, as determined
by the Secretary; and
(II) not consider any other amount that the
eligible applicant receives from a Federal agency.
(iii) MAXIMUM AMOUNT.—The amount provided to
an eligible applicant through a grant or other agreement under paragraph (1) shall be not more than
$5,000,000.
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(iv) OPERATION AND MAINTENANCE COSTS.—The
non-Federal share of the cost of operating and
maintaining any infrastructure improvement that is
the subject of a grant or other agreement entered into
between the Secretary and an eligible applicant under
paragraph (1) shall be 100 percent.
(F) LIABILITY.—
(i) IN GENERAL.—Except as provided under chapter
171 of title 28, United States Code (commonly known
as the ‘‘Federal Tort Claims Act’’), the United States
shall not be liable for monetary damages of any kind
for any injury arising out of an act, omission, or occurrence that arises in relation to any facility created
or improved under this section, the title of which is
not held by the United States.
(ii) TORT CLAIMS ACT.—Nothing in this section
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code
(commonly known as the ‘‘Federal Tort Claims Act’’).
(b) RESEARCH AGREEMENTS.—
(1) AUTHORITY OF SECRETARY.—The Secretary may enter
into 1 or more agreements with any university, nonprofit
research institution, or organization with water or power
delivery authority to fund any research activity that is
designed—
(A) to conserve water resources;
(B) to increase the efficiency of the use of water
resources; or
(C) to enhance the management of water resources,
including increasing the use of renewable energy in the
management and delivery of water.
(2) TERMS AND CONDITIONS OF SECRETARY.—
(A) IN GENERAL.—An agreement entered into between
the Secretary and any university, institution, or organization described in paragraph (1) shall be subject to such
terms and conditions as the Secretary determines to be
appropriate.
(B) AVAILABILITY.—The agreements under this subsection shall be available to all Reclamation projects and
programs that may benefit from project-specific or programmatic cooperative research and development.
(c) MUTUAL BENEFIT.—Grants or other agreements made under
this section may be for the mutual benefit of the United States
and the entity that is provided the grant or enters into the cooperative agreement.
(d) RELATIONSHIP TO PROJECT-SPECIFIC AUTHORITY.—This section shall not supersede any existing project-specific funding
authority.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $200,000,000, to remain
available until expended.
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42 USC 10365.
SEC. 9505. HYDROELECTRIC POWER ASSESSMENT.
(a) DUTY OF SECRETARY OF ENERGY.—The Secretary of Energy,
in consultation with the Administrator of each Federal Power Marketing Administration, shall assess each effect of, and risk resulting
from, global climate change with respect to water supplies that
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are required for the generation of hydroelectric power at each
Federal water project that is applicable to a Federal Power Marketing Administration.
(b) ACCESS TO APPROPRIATE DATA.—
(1) IN GENERAL.—In carrying out each assessment under
subsection (a), the Secretary of Energy shall consult with the
United States Geological Survey, the National Oceanic and
Atmospheric Administration, the program, and each appropriate State water resource agency, to ensure that the Secretary
of Energy has access to the best available scientific information
with respect to presently observed impacts and projected future
impacts of global climate change on water supplies that are
used to produce hydroelectric power.
(2) ACCESS TO DATA FOR CERTAIN ASSESSMENTS.—In carrying out each assessment under subsection (a), with respect
to the Bonneville Power Administration and the Western Area
Power Administration, the Secretary of Energy shall consult
with the Commissioner to access data and other information
that—
(A) is collected by the Commissioner; and
(B) the Secretary of Energy determines to be necessary
for the conduct of the assessment.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, and every 5 years thereafter, the Secretary of Energy
shall submit to the appropriate committees of Congress a report
that describes—
(1) each effect of, and risk resulting from, global climate
change with respect to—
(A) water supplies used for hydroelectric power generation; and
(B) power supplies marketed by each Federal Power
Marketing Administration, pursuant to—
(i) long-term power contracts;
(ii) contingent capacity contracts; and
(iii) short-term sales; and
(2) each recommendation of the Administrator of each Federal Power Marketing Administration relating to any change
in any operation or contracting practice of each Federal Power
Marketing Administration to address each effect and risk
described in paragraph (1), including the use of purchased
power to meet long-term commitments of each Federal Power
Marketing Administration.
(d) AUTHORITY.—The Secretary of Energy may enter into contracts, grants, or other agreements with appropriate entities to
carry out this section.
(e) COSTS.—
(1) NONREIMBURSABLE.—Any costs incurred by the Secretary of Energy in carrying out this section shall be nonreimbursable.
(2) PMA COSTS.—Each Federal Power Marketing Administration shall incur costs in carrying out this section only to
the extent that appropriated funds are provided by the Secretary of Energy for that purpose.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2009 through 2023, to remain available until expended.
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Consultation.
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Standards.
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PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 9506. CLIMATE CHANGE AND WATER INTRAGOVERNMENTAL
PANEL.
(a) ESTABLISHMENT.—The Secretary and the Administrator
shall establish and lead a climate change and water
intragovernmental panel—
(1) to review the current scientific understanding of each
impact of global climate change on the quantity and quality
of freshwater resources of the United States; and
(2) to develop any strategy that the panel determines to
be necessary to improve observational capabilities, expand data
acquisition, or take other actions—
(A) to increase the reliability and accuracy of modeling
and prediction systems to benefit water managers at the
Federal, State, and local levels; and
(B) to increase the understanding of the impacts of
climate change on aquatic ecosystems.
(b) MEMBERSHIP.—The panel shall be comprised of—
(1) the Secretary;
(2) the Director;
(3) the Administrator;
(4) the Secretary of Agriculture (acting through the Under
Secretary for Natural Resources and Environment);
(5) the Commissioner;
(6) the Secretary of the Army, acting through the Chief
of Engineers;
(7) the Administrator of the Environmental Protection
Agency; and
(8) the Secretary of Energy.
(c) REVIEW ELEMENTS.—In conducting the review and developing the strategy under subsection (a), the panel shall consult
with State water resource agencies, the Advisory Committee,
drinking water utilities, water research organizations, and relevant
water user, environmental, and other nongovernmental organizations—
(1) to assess the extent to which the conduct of measures
of
streamflow,
groundwater
levels,
soil
moisture,
evapotranspiration rates, evaporation rates, snowpack levels,
precipitation amounts, flood risk, and glacier mass is necessary
to improve the understanding of the Federal Government and
the States with respect to each impact of global climate change
on water resources;
(2) to identify data gaps in current water monitoring networks that must be addressed to improve the capability of
the Federal Government and the States to measure, analyze,
and predict changes to the quality and quantity of water
resources, including flood risks, that are directly or indirectly
affected by global climate change;
(3) to establish data management and communication
protocols and standards to increase the quality and efficiency
by which each Federal agency acquires and reports relevant
data;
(4) to consider options for the establishment of a data
portal to enhance access to water resource data—
(A) relating to each nationally significant freshwater
watershed and aquifer located in the United States; and
(B) that is collected by each Federal agency and any
other public or private entity for each nationally significant
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freshwater watershed and aquifer located in the United
States;
(5) to facilitate the development of hydrologic and other
models to integrate data that reflects groundwater and surface
water interactions; and
(6) to apply the hydrologic and other models developed
under paragraph (5) to water resource management problems
identified by the panel, including the need to maintain or
improve ecological resiliency at watershed and aquifer system
scales.
(d) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the appropriate committees
of Congress a report that describes the review conducted, and
the strategy developed, by the panel under subsection (a).
(e) DEMONSTRATION, RESEARCH, AND METHODOLOGY DEVELOPMENT PROJECTS.—
(1) AUTHORITY OF SECRETARY.—The Secretary, in consultation with the panel and the Advisory Committee, may provide
grants to, or enter into any contract, cooperative agreement,
interagency agreement, or other transaction with, an appropriate entity to carry out any demonstration, research, or methodology development project that the Secretary determines to
be necessary to assist in the implementation of the strategy
developed by the panel under subsection (a)(2).
(2) REQUIREMENTS.—
(A) MAXIMUM AMOUNT OF FEDERAL SHARE.—The Federal share of the cost of any demonstration, research, or
methodology development project that is the subject of
any grant, contract, cooperative agreement, interagency
agreement, or other transaction entered into between the
Secretary and an appropriate entity under paragraph (1)
shall not exceed $1,000,000.
(B) REPORT.—An appropriate entity that receives funds
from a grant, contract, cooperative agreement, interagency
agreement, or other transaction entered into between the
Secretary and the appropriate entity under paragraph (1)
shall submit to the Secretary a report describing the results
of the demonstration, research, or methodology development project conducted by the appropriate entity.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out subsections (a) through (d) $2,000,000 for each
of fiscal years 2009 through 2011, to remain available until
expended.
(2) DEMONSTRATION, RESEARCH, AND METHODOLOGY
DEVELOPMENT PROJECTS.—There is authorized to be appropriated to carry out subsection (e) $10,000,000 for the period
of fiscal years 2009 through 2013, to remain available until
expended.
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SEC.
9507.
WATER DATA ENHANCEMENT
GEOLOGICAL SURVEY.
BY
UNITED
STATES
42 USC 10367.
(a) NATIONAL STREAMFLOW INFORMATION PROGRAM.—
(1) IN GENERAL.—The Secretary, in consultation with the
Advisory Committee and the Panel and consistent with this
section, shall proceed with implementation of the national
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streamflow information program, as reviewed by the National
Research Council in 2004.
(2) REQUIREMENTS.—In conducting the national streamflow
information program, the Secretary shall—
(A) measure streamflow and related environmental
variables in nationally significant watersheds—
(i) in a reliable and continuous manner; and
(ii) to develop a comprehensive source of information on which public and private decisions relating
to the management of water resources may be based;
(B) provide for a better understanding of hydrologic
extremes (including floods and droughts) through the conduct of intensive data collection activities during and following hydrologic extremes;
(C) establish a base network that provides resources
that are necessary for—
(i) the monitoring of long-term changes in
streamflow; and
(ii) the conduct of assessments to determine the
extent to which each long-term change monitored
under clause (i) is related to global climate change;
(D) integrate the national streamflow information program with data collection activities of Federal agencies
and appropriate State water resource agencies (including
the National Integrated Drought Information System)—
(i) to enhance the comprehensive understanding
of water availability;
(ii) to improve flood-hazard assessments;
(iii) to identify any data gap with respect to water
resources; and
(iv) to improve hydrologic forecasting; and
(E) incorporate principles of adaptive management in
the conduct of periodic reviews of information collected
under the national streamflow information program to
assess whether the objectives of the national streamflow
information program are being adequately addressed.
(3) IMPROVED METHODOLOGIES.—The Secretary shall—
(A) improve methodologies relating to the analysis and
delivery of data; and
(B) investigate, develop, and implement new methodologies and technologies to estimate or measure
streamflow in a more cost-efficient manner.
(4) NETWORK ENHANCEMENT.—
(A) IN GENERAL.—Not later than 10 years after the
date of enactment of this Act, in accordance with subparagraph (B), the Secretary shall—
(i) increase the number of streamgages funded by
the national streamflow information program to a
quantity of not less than 4,700 sites; and
(ii) ensure all streamgages are flood-hardened and
equipped with water-quality sensors and modernized
telemetry.
(B) REQUIREMENTS OF SITES.—Each site described in
subparagraph (A) shall conform with the National
Streamflow Information Program plan as reviewed by the
National Research Council.
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(5) FEDERAL SHARE.—The Federal share of the national
streamgaging network established pursuant to this subsection
shall be 100 percent of the cost of carrying out the national
streamgaging network.
(6) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), there are authorized to be appropriated such sums
as are necessary to operate the national streamflow
information program for the period of fiscal years 2009
through 2023, to remain available until expended.
(B) NETWORK ENHANCEMENT FUNDING.—There is
authorized to be appropriated to carry out the network
enhancements described in paragraph (4) $10,000,000 for
each of fiscal years 2009 through 2019, to remain available
until expended.
(b) NATIONAL GROUNDWATER RESOURCES MONITORING.—
(1) IN GENERAL.—The Secretary shall develop a systematic
groundwater monitoring program for each major aquifer system
located in the United States.
(2) PROGRAM ELEMENTS.—In developing the monitoring program described in paragraph (1), the Secretary shall—
(A) establish appropriate criteria for monitoring wells
to ensure the acquisition of long-term, high-quality data
sets, including, to the maximum extent possible, the inclusion of real-time instrumentation and reporting;
(B) in coordination with the Advisory Committee and
State and local water resource agencies—
(i) assess the current scope of groundwater monitoring based on the access availability and capability
of each monitoring well in existence as of the date
of enactment of this Act; and
(ii) develop and carry out a monitoring plan that
maximizes coverage for each major aquifer system that
is located in the United States; and
(C) prior to initiating any specific monitoring activities
within a State after the date of enactment of this Act,
consult and coordinate with the applicable State water
resource agency with jurisdiction over the aquifer that
is the subject of the monitoring activities, and comply with
all applicable laws (including regulations) of the State.
(3) PROGRAM OBJECTIVES.—In carrying out the monitoring
program described in paragraph (1), the Secretary shall—
(A) provide data that is necessary for the improvement
of understanding with respect to surface water and groundwater interactions;
(B) by expanding the network of monitoring wells to
reach each climate division, support the groundwater climate response network to improve the understanding of
the effects of global climate change on groundwater
recharge and availability; and
(C) support the objectives of the assessment program.
(4) IMPROVED METHODOLOGIES.—The Secretary shall—
(A) improve methodologies relating to the analysis and
delivery of data; and
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(B) investigate, develop, and implement new methodologies and technologies to estimate or measure groundwater recharge, discharge, and storage in a more costefficient manner.
(5) FEDERAL SHARE.—The Federal share of the monitoring
program described in paragraph (1) may be 100 percent of
the cost of carrying out the monitoring program.
(6) PRIORITY.—In selecting monitoring activities consistent
with the monitoring program described in paragraph (1), the
Secretary shall give priority to those activities for which a
State or local governmental entity agrees to provide for a
substantial share of the cost of establishing or operating a
monitoring well or other measuring device to carry out a monitoring activity.
(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry
out this subsection for the period of fiscal years 2009 through
2023, to remain available until expended.
(c) BRACKISH GROUNDWATER ASSESSMENT.—
(1) STUDY.—The Secretary, in consultation with State and
local water resource agencies, shall conduct a study of available
data and other relevant information—
(A) to identify significant brackish groundwater
resources located in the United States; and
(B) to consolidate any available data relating to each
groundwater resource identified under subparagraph (A).
(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that includes—
(A) a description of each—
(i) significant brackish aquifer that is located in
the United States (including 1 or more maps of each
significant brackish aquifer that is located in the
United States);
(ii) data gap that is required to be addressed to
fully characterize each brackish aquifer described in
clause (i); and
(iii) current use of brackish groundwater that is
supplied by each brackish aquifer described in clause
(i); and
(B) a summary of the information available as of the
date of enactment of this Act with respect to each brackish
aquifer described in subparagraph (A)(i) (including the
known level of total dissolved solids in each brackish
aquifer).
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $3,000,000
for the period of fiscal years 2009 through 2011, to remain
available until expended.
(d) IMPROVED WATER ESTIMATION, MEASUREMENT, AND MONITORING TECHNOLOGIES.—
(1) AUTHORITY OF SECRETARY.—The Secretary may provide
grants on a nonreimbursable basis to appropriate entities with
expertise in water resource data acquisition and reporting,
including Federal agencies, the Water Resources Research
Institutes and other academic institutions, and private entities,
to—
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(A) investigate, develop, and implement new methodologies and technologies to estimate or measure water
resources data in a cost-efficient manner; and
(B) improve methodologies relating to the analysis and
delivery of data.
(2) PRIORITY.—In providing grants to appropriate entities
under paragraph (1), the Secretary shall give priority to appropriate entities that propose the development of new methods
and technologies for—
(A) predicting and measuring streamflows;
(B) estimating changes in the storage of groundwater;
(C) improving data standards and methods of analysis
(including the validation of data entered into geographic
information system databases);
(D)
measuring
precipitation
and
potential
evapotranspiration; and
(E) water withdrawals, return flows, and consumptive
use.
(3) PARTNERSHIPS.—In recognition of the value of collaboration to foster innovation and enhance research and development
efforts, the Secretary shall encourage partnerships, including
public-private partnerships, between and among Federal agencies, academic institutions, and private entities to promote the
objectives described in paragraph (1).
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2009 through 2019.
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SEC. 9508. NATIONAL WATER AVAILABILITY AND USE ASSESSMENT
PROGRAM.
42 USC 10368.
(a) ESTABLISHMENT.—The Secretary, in coordination with the
Advisory Committee and State and local water resource agencies,
shall establish a national assessment program to be known as
the ‘‘national water availability and use assessment program’’—
(1) to provide a more accurate assessment of the status
of the water resources of the United States;
(2) to assist in the determination of the quantity of water
that is available for beneficial uses;
(3) to assist in the determination of the quality of the
water resources of the United States;
(4) to identify long-term trends in water availability;
(5) to use each long-term trend described in paragraph
(4) to provide a more accurate assessment of the change in
the availability of water in the United States; and
(6) to develop the basis for an improved ability to forecast
the availability of water for future economic, energy production,
and environmental uses.
(b) PROGRAM ELEMENTS.—
(1) WATER USE.—In carrying out the assessment program,
the Secretary shall conduct any appropriate activity to carry
out an ongoing assessment of water use in hydrologic
accounting units and major aquifer systems located in the
United States, including—
(A) the maintenance of a comprehensive national water
use inventory to enhance the level of understanding with
respect to the effects of spatial and temporal patterns of
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water use on the availability and sustainable use of water
resources;
(B) the incorporation of water use science principles,
with an emphasis on applied research and statistical estimation techniques in the assessment of water use;
(C) the integration of any dataset maintained by any
other Federal or State agency into the dataset maintained
by the Secretary; and
(D) a focus on the scientific integration of any data
relating to water use, water flow, or water quality to generate relevant information relating to the impact of human
activity on water and ecological resources.
(2) WATER AVAILABILITY.—In carrying out the assessment
program, the Secretary shall conduct an ongoing assessment
of water availability by—
(A) developing and evaluating nationally consistent
indicators that reflect each status and trend relating to
the availability of water resources in the United States,
including—
(i) surface water indicators, such as streamflow
and surface water storage measures (including lakes,
reservoirs, perennial snowfields, and glaciers);
(ii) groundwater indicators, including groundwater
level measurements and changes in groundwater levels
due to—
(I) natural recharge;
(II) withdrawals;
(III) saltwater intrusion;
(IV) mine dewatering;
(V) land drainage;
(VI) artificial recharge; and
(VII) other relevant factors, as determined by
the Secretary; and
(iii) impaired surface water and groundwater supplies that are known, accessible, and used to meet
ongoing water demands;
(B) maintaining a national database of water availability data that—
(i) is comprised of maps, reports, and other forms
of interpreted data;
(ii) provides electronic access to the archived data
of the national database; and
(iii) provides for real-time data collection; and
(C) developing and applying predictive modeling tools
that integrate groundwater, surface water, and ecological
systems.
(c) GRANT PROGRAM.—
(1) AUTHORITY OF SECRETARY.—The Secretary may provide
grants to State water resource agencies to assist State water
resource agencies in—
(A) developing water use and availability datasets that
are integrated with each appropriate dataset developed
or maintained by the Secretary; or
(B) integrating any water use or water availability
dataset of the State water resource agency into each appropriate dataset developed or maintained by the Secretary.
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Assessment.
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(2) CRITERIA.—To be eligible to receive a grant under paragraph (1), a State water resource agency shall demonstrate
to the Secretary that the water use and availability dataset
proposed to be established or integrated by the State water
resource agency—
(A) is in compliance with each quality and conformity
standard established by the Secretary to ensure that the
data will be capable of integration with any national
dataset; and
(B) will enhance the ability of the officials of the State
or the State water resource agency to carry out each water
management and regulatory responsibility of the officials
of the State in accordance with each applicable law of
the State.
(3) MAXIMUM AMOUNT.—The amount of a grant provided
to a State water resource agency under paragraph (1) shall
be an amount not more than $250,000.
(d) REPORT.—Not later than December 31, 2012, and every
5 years thereafter, the Secretary shall submit to the appropriate
committees of Congress a report that provides a detailed assessment
of—
(1) the current availability of water resources in the United
States, including—
(A) historic trends and annual updates of river basin
inflows and outflows;
(B) surface water storage;
(C) groundwater reserves; and
(D) estimates of undeveloped potential resources
(including saline and brackish water and wastewater);
(2) significant trends affecting water availability, including
each documented or projected impact to the availability of water
as a result of global climate change;
(3) the withdrawal and use of surface water and groundwater by various sectors, including—
(A) the agricultural sector;
(B) municipalities;
(C) the industrial sector;
(D) thermoelectric power generators; and
(E) hydroelectric power generators;
(4) significant trends relating to each water use sector,
including significant changes in water use due to the development of new energy supplies;
(5) significant water use conflicts or shortages that have
occurred or are occurring; and
(6) each factor that has caused, or is causing, a conflict
or shortage described in paragraph (5).
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out subsections (a), (b), and (d) $20,000,000 for each
of fiscal years 2009 through 2023, to remain available until
expended.
(2) GRANT PROGRAM.—There is authorized to be appropriated to carry out subsection (c) $12,500,000 for the period
of fiscal years 2009 through 2013, to remain available until
expended.
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42 USC 10369.
PUBLIC LAW 111–11—MAR. 30, 2009
SEC. 9509. RESEARCH AGREEMENT AUTHORITY.
The Secretary may enter into contracts, grants, or cooperative
agreements, for periods not to exceed 5 years, to carry out research
within the Bureau of Reclamation.
42 USC 10370.
SEC. 9510. EFFECT.
(a) IN GENERAL.—Nothing in this subtitle supersedes or limits
any existing authority provided, or responsibility conferred, by any
provision of law.
(b) EFFECT ON STATE WATER LAW.—
(1) IN GENERAL.—Nothing in this subtitle preempts or
affects any—
(A) State water law; or
(B) interstate compact governing water.
(2) COMPLIANCE REQUIRED.—The Secretary shall comply
with applicable State water laws in carrying out this subtitle.
Subtitle G—Aging Infrastructure
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43 USC 510.
SEC. 9601 DEFINITIONS.
In this subtitle:
(1) INSPECTION.—The term ‘‘inspection’’ means an inspection of a project facility carried out by the Secretary—
(A) to assess and determine the general condition of
the project facility; and
(B) to estimate the value of property, and the size
of the population, that would be at risk if the project
facility fails, is breached, or otherwise allows flooding to
occur.
(2) PROJECT FACILITY.—The term ‘‘project facility’’ means
any part or incidental feature of a project, excluding highand significant-hazard dams, constructed under the Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter
1093), and Acts supplemental to and amendatory of that Act
(43 U.S.C. 371 et seq.).
(3) RESERVED WORKS.—The term ‘‘reserved works’’ mean
any project facility at which the Secretary carries out the
operation and maintenance of the project facility.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Commissioner of Reclamation.
(5) TRANSFERRED WORKS.—The term ‘‘transferred works’’
means a project facility, the operation and maintenance of
which is carried out by a non-Federal entity, under the provisions of a formal operation and maintenance transfer contract.
(6) TRANSFERRED WORKS OPERATING ENTITY.—The term
‘‘transferred works operating entity’’ means the organization
which is contractually responsible for operation and maintenance of transferred works.
(7) EXTRAORDINARY OPERATION AND MAINTENANCE WORK.—
The term ‘‘extraordinary operation and maintenance work’’
means major, nonrecurring maintenance to Reclamation-owned
or operated facilities, or facility components, that is—
(A) intended to ensure the continued safe, dependable,
and reliable delivery of authorized project benefits; and
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(B) greater than 10 percent of the contractor’s or the
transferred works operating entity’s annual operation and
maintenance budget for the facility, or greater than
$100,000.
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SEC. 9602. GUIDELINES AND INSPECTION OF PROJECT FACILITIES AND
TECHNICAL ASSISTANCE TO TRANSFERRED WORKS
OPERATING ENTITIES.
43 USC 510a.
(a) GUIDELINES AND INSPECTIONS.—
(1) DEVELOPMENT OF GUIDELINES.—Not later than 1 year
after the date of enactment of this Act, the Secretary in consultation with transferred works operating entities shall
develop, consistent with existing transfer contracts, specific
inspection guidelines for project facilities which are in proximity
to urbanized areas and which could pose a risk to public safety
or property damage if such project facilities were to fail.
(2) CONDUCT OF INSPECTIONS.—Not later than 3 years after
the date of enactment of this Act, the Secretary shall conduct
inspections of those project facilities, which are in proximity
to urbanized areas and which could pose a risk to public safety
or property damage if such facilities were to fail, using such
specific inspection guidelines and criteria developed pursuant
to paragraph (1). In selecting project facilities to inspect, the
Secretary shall take into account the potential magnitude of
public safety and economic damage posed by each project
facility.
(3) TREATMENT OF COSTS.—The costs incurred by the Secretary in conducting these inspections shall be nonreimbursable.
(b) USE OF INSPECTION DATA.—The Secretary shall use the
data collected through the conduct of the inspections under subsection (a)(2) to—
(1) provide recommendations to the transferred works operating entities for improvement of operation and maintenance
processes, operating procedures including operation guidelines
consistent with existing transfer contracts, and structural modifications to those transferred works;
(2) determine an appropriate inspection frequency for such
nondam project facilities which shall not exceed 6 years; and
(3) provide, upon request of transferred work operating
entities, local governments, or State agencies, information
regarding potential hazards posed by existing or proposed residential, commercial, industrial or public-use development adjacent to project facilities.
(c) TECHNICAL ASSISTANCE TO TRANSFERRED WORKS OPERATING
ENTITIES.—
(1) AUTHORITY OF SECRETARY TO PROVIDE TECHNICAL
ASSISTANCE.—The Secretary is authorized, at the request of
a transferred works operating entity in proximity to an urbanized area, to provide technical assistance to accomplish the
following, if consistent with existing transfer contracts:
(A) Development of documented operating procedures
for a project facility.
(B) Development of documented emergency notification
and response procedures for a project facility.
(C) Development of facility inspection criteria for a
project facility.
Deadlines.
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Determination.
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(D) Development of a training program on operation
and maintenance requirements and practices for a project
facility for a transferred works operating entity’s workforce.
(E) Development of a public outreach plan on the operation and risks associated with a project facility.
(F) Development of any other plans or documentation
which, in the judgment of the Secretary, will contribute
to public safety and the sage operation of a project facility.
(2) COSTS.—The Secretary is authorized to provide, on a
non-reimbursable basis, up to 50 percent of the cost of such
technical assistance, with the balance of such costs being
advanced by the transferred works operating entity or other
non-Federal source. The non-Federal 50 percent minimum cost
share for such technical assistance may be in the form of
in-lieu contributions of resources by the transferred works operating entity or other non-Federal source.
43 USC 510b.
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Contracts.
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SEC. 9603. EXTRAORDINARY OPERATION AND MAINTENANCE WORK
PERFORMED BY THE SECRETARY.
(a) IN GENERAL.—The Secretary or the transferred works operating entity may carry out, in accordance with subsection (b) and
consistent with existing transfer contracts, any extraordinary operation and maintenance work on a project facility that the Secretary
determines to be reasonably required to preserve the structural
safety of the project facility.
(b) REIMBURSEMENT OF COSTS ARISING FROM EXTRAORDINARY
OPERATION AND MAINTENANCE WORK.—
(1) TREATMENT OF COSTS.—For reserved works, costs
incurred by the Secretary in conducting extraordinary operation
and maintenance work will be allocated to the authorized
reimbursable purposes of the project and shall be repaid within
50 years, with interest, from the year in which work undertaken
pursuant to this subtitle is substantially complete.
(2) AUTHORITY OF SECRETARY.—For transferred works, the
Secretary is authorized to advance the costs incurred by the
transferred works operating entity in conducting extraordinary
operation and maintenance work and negotiate appropriate
50-year repayment contracts with project beneficiaries providing for the return of reimbursable costs, with interest, under
this subsection: Provided, however, That no contract entered
into pursuant to this subtitle shall be deemed to be a new
or amended contract for the purposes of section 203(a) of the
Reclamation Reform Act of 1982 (43 U.S.C. 390cc(a)).
(3) DETERMINATION OF INTEREST RATE.—The interest rate
used for computing interest on work in progress and interest
on the unpaid balance of the reimbursable costs of extraordinary operation and maintenance work authorized by this
subtitle shall be determined by the Secretary of the Treasury,
as of the beginning of the fiscal year in which extraordinary
operation and maintenance work is commenced, on the basis
of average market yields on outstanding marketable obligations
of the United States with the remaining periods of maturity
comparable to the applicable reimbursement period of the
project, adjusted to the nearest 1⁄8 of 1 percent on the
unamortized balance of any portion of the loan.
(c) EMERGENCY EXTRAORDINARY OPERATION AND MAINTENANCE
WORK.—
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(1) IN GENERAL.—The Secretary or the transferred works
operating entity shall carry out any emergency extraordinary
operation and maintenance work on a project facility that the
Secretary determines to be necessary to minimize the risk
of imminent harm to public health or safety, or property.
(2) REIMBURSEMENT.—The Secretary may advance funds
for emergency extraordinary operation and maintenance work
and shall seek reimbursement from the transferred works operating entity or benefitting entity upon receiving a written assurance from the governing body of such entity that it will negotiate a contract pursuant to section 9603 for repayment of
costs incurred by the Secretary in undertaking such work.
(3) FUNDING.—If the Secretary determines that a project
facility inspected and maintained pursuant to the guidelines
and criteria set forth in section 9602(a) requires extraordinary
operation and maintenance pursuant to paragraph (1), the Secretary may provide Federal funds on a nonreimbursable basis
sufficient to cover 35 percent of the cost of the extraordinary
operation and maintenance allocable to the transferred works
operating entity, which is needed to minimize the risk of
imminent harm. The remaining share of the Federal funds
advanced by the Secretary for such work shall be repaid under
subsection (b).
SEC. 9604. RELATIONSHIP TO TWENTY-FIRST CENTURY WATER WORKS
ACT.
43 USC 510c.
Nothing in this subtitle shall preclude a transferred works
operating entity from applying and receiving a loan-guarantee
pursuant to the Twenty-First Century Water Works Act (43 U.S.C.
2401 et seq.).
SEC. 9605. AUTHORIZATION OF APPROPRIATIONS.
43 USC 510d.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.
TITLE X—WATER SETTLEMENTS
Subtitle A—San Joaquin River Restoration
Settlement
California.
PART I—SAN JOAQUIN RIVER RESTORATION
SETTLEMENT ACT
San Joaquin
River Restoration
Settlement Act.
SEC. 10001. SHORT TITLE.
This part may be cited as the ‘‘San Joaquin River Restoration
Settlement Act’’.
SEC. 10002. PURPOSE.
The purpose of this part is to authorize implementation of
the Settlement.
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SEC. 10003. DEFINITIONS.
In this part:
(1) The terms ‘‘Friant Division long-term contractors’’,
‘‘Interim Flows’’, ‘‘Restoration Flows’’, ‘‘Recovered Water
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Account’’, ‘‘Restoration Goal’’, and ‘‘Water Management Goal’’
have the meanings given the terms in the Settlement.
(2) The term ‘‘Secretary’’ means the Secretary of the
Interior.
(3) The term ‘‘Settlement’’ means the Stipulation of Settlement dated September 13, 2006, in the litigation entitled Natural Resources Defense Council, et al. v. Kirk Rodgers, et
al., United States District Court, Eastern District of California,
No. CIV. S–88–1658–LKK/GGH.
SEC. 10004. IMPLEMENTATION OF SETTLEMENT.
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(a) IN GENERAL.—The Secretary of the Interior is hereby
authorized and directed to implement the terms and conditions
of the Settlement in cooperation with the State of California,
including the following measures as these measures are prescribed
in the Settlement:
(1) Design and construct channel and structural improvements as described in paragraph 11 of the Settlement, provided,
however, that the Secretary shall not make or fund any such
improvements to facilities or property of the State of California
without the approval of the State of California and the State’s
agreement in 1 or more memoranda of understanding to participate where appropriate.
(2) Modify Friant Dam operations so as to provide Restoration Flows and Interim Flows.
(3) Acquire water, water rights, or options to acquire water
as described in paragraph 13 of the Settlement, provided, however, such acquisitions shall only be made from willing sellers
and not through eminent domain.
(4) Implement the terms and conditions of paragraph 16
of the Settlement related to recirculation, recapture, reuse,
exchange, or transfer of water released for Restoration Flows
or Interim Flows, for the purpose of accomplishing the Water
Management Goal of the Settlement, subject to—
(A) applicable provisions of California water law;
(B) the Secretary’s use of Central Valley Project facilities to make Project water (other than water released from
Friant Dam pursuant to the Settlement) and water
acquired through transfers available to existing south-ofDelta Central Valley Project contractors; and
(C) the Secretary’s performance of the Agreement of
November 24, 1986, between the United States of America
and the Department of Water Resources of the State of
California for the coordinated operation of the Central
Valley Project and the State Water Project as authorized
by Congress in section 2(d) of the Act of August 26, 1937
(50 Stat. 850, 100 Stat. 3051), including any agreement
to resolve conflicts arising from said Agreement.
(5) Develop and implement the Recovered Water Account
as specified in paragraph 16(b) of the Settlement, including
the pricing and payment crediting provisions described in paragraph 16(b)(3) of the Settlement, provided that all other provisions of Federal reclamation law shall remain applicable.
(b) AGREEMENTS.—
(1) AGREEMENTS WITH THE STATE.—In order to facilitate
or expedite implementation of the Settlement, the Secretary
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123 STAT. 1351
is authorized and directed to enter into appropriate agreements,
including cost-sharing agreements, with the State of California.
(2) OTHER AGREEMENTS.—The Secretary is authorized to
enter into contracts, memoranda of understanding, financial
assistance agreements, cost sharing agreements, and other
appropriate agreements with State, tribal, and local governmental agencies, and with private parties, including agreements
related to construction, improvement, and operation and
maintenance of facilities, subject to any terms and conditions
that the Secretary deems necessary to achieve the purposes
of the Settlement.
(c) ACCEPTANCE AND EXPENDITURE OF NON-FEDERAL FUNDS.—
The Secretary is authorized to accept and expend non-Federal funds
in order to facilitate implementation of the Settlement.
(d) MITIGATION OF IMPACTS.—Prior to the implementation of
decisions or agreements to construct, improve, operate, or maintain
facilities that the Secretary determines are needed to implement
the Settlement, the Secretary shall identify—
(1) the impacts associated with such actions; and
(2) the measures which shall be implemented to mitigate
impacts on adjacent and downstream water users and landowners.
(e) DESIGN AND ENGINEERING STUDIES.—The Secretary is
authorized to conduct any design or engineering studies that are
necessary to implement the Settlement.
(f) EFFECT ON CONTRACT WATER ALLOCATIONS.—Except as
otherwise provided in this section, the implementation of the Settlement and the reintroduction of California Central Valley Spring
Run Chinook salmon pursuant to the Settlement and section 10011,
shall not result in the involuntary reduction in contract water
allocations to Central Valley Project long-term contractors, other
than Friant Division long-term contractors.
(g) EFFECT ON EXISTING WATER CONTRACTS.—Except as provided in the Settlement and this part, nothing in this part shall
modify or amend the rights and obligations of the parties to any
existing water service, repayment, purchase, or exchange contract.
(h) INTERIM FLOWS.—
(1) STUDY REQUIRED.—Prior to releasing any Interim Flows
under the Settlement, the Secretary shall prepare an analysis
in compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), including at a minimum—
(A) an analysis of channel conveyance capacities and
potential for levee or groundwater seepage;
(B) a description of the associated seepage monitoring
program;
(C) an evaluation of—
(i) possible impacts associated with the release
of Interim Flows; and
(ii) mitigation measures for those impacts that
are determined to be significant;
(D) a description of the associated flow monitoring
program; and
(E) an analysis of the likely Federal costs, if any,
of any fish screens, fish bypass facilities, fish salvage facilities, and related operations on the San Joaquin River south
of the confluence with the Merced River required under
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the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) as a result of the Interim Flows.
(2) CONDITIONS FOR RELEASE.—The Secretary is authorized
to release Interim Flows to the extent that such flows would
not—
(A) impede or delay completion of the measures specified in Paragraph 11(a) of the Settlement; or
(B) exceed existing downstream channel capacities.
(3) SEEPAGE IMPACTS.—The Secretary shall reduce Interim
Flows to the extent necessary to address any material adverse
impacts to third parties from groundwater seepage caused by
such flows that the Secretary identifies based on the monitoring
program of the Secretary.
(4) TEMPORARY FISH BARRIER PROGRAM.—The Secretary,
in consultation with the California Department of Fish and
Game, shall evaluate the effectiveness of the Hills Ferry barrier
in preventing the unintended upstream migration of anadromous fish in the San Joaquin River and any false migratory
pathways. If that evaluation determines that any such migration past the barrier is caused by the introduction of the Interim
Flows and that the presence of such fish will result in the
imposition of additional regulatory actions against third parties,
the Secretary is authorized to assist the Department of Fish
and Game in making improvements to the barrier. From
funding made available in accordance with section 10009, if
third parties along the San Joaquin River south of its confluence
with the Merced River are required to install fish screens
or fish bypass facilities due to the release of Interim Flows
in order to comply with the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), the Secretary shall bear the costs
of the installation of such screens or facilities if such costs
would be borne by the Federal Government under section
10009(a)(3), except to the extent that such costs are already
or are further willingly borne by the State of California or
by the third parties.
(i) FUNDING AVAILABILITY.—
(1) IN GENERAL.—Funds shall be collected in the San Joaquin River Restoration Fund through October 1, 2019, and
thereafter, with substantial amounts available through October
1, 2019, pursuant to section 10009 for implementation of the
Settlement and parts I and III, including—
(A) $88,000,000, to be available without further appropriation pursuant to section 10009(c)(2);
(B) additional amounts authorized to be appropriated,
including the charges required under section 10007 and
an estimated $20,000,000 from the CVP Restoration Fund
pursuant to section 10009(b)(2); and
(C) an aggregate commitment of at least $200,000,000
by the State of California.
(2) ADDITIONAL AMOUNTS.—Substantial additional amounts
from the San Joaquin River Restoration Fund shall become
available without further appropriation after October 1, 2019,
pursuant to section 10009(c)(2).
(3) EFFECT OF SUBSECTION.—Nothing in this subsection
limits the availability of funds authorized for appropriation
pursuant to section 10009(b) or 10203(c).
Evaluation.
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(j) SAN JOAQUIN RIVER EXCHANGE CONTRACT.—Subject to section 10006(b), nothing in this part shall modify or amend the
rights and obligations under the Purchase Contract between Miller
and Lux and the United States and the Second Amended Exchange
Contract between the United States, Department of the Interior,
Bureau of Reclamation and Central California Irrigation District,
San Luis Canal Company, Firebaugh Canal Water District and
Columbia Canal Company.
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SEC. 10005. ACQUISITION AND DISPOSAL OF PROPERTY; TITLE TO
FACILITIES.
(a) TITLE TO FACILITIES.—Unless acquired pursuant to subsection (b), title to any facility or facilities, stream channel, levees,
or other real property modified or improved in the course of implementing the Settlement authorized by this part, and title to any
modifications or improvements of such facility or facilities, stream
channel, levees, or other real property—
(1) shall remain in the owner of the property; and
(2) shall not be transferred to the United States on account
of such modifications or improvements.
(b) ACQUISITION OF PROPERTY.—
(1) IN GENERAL.—The Secretary is authorized to acquire
through purchase from willing sellers any property, interests
in property, or options to acquire real property needed to implement the Settlement authorized by this part.
(2) APPLICABLE LAW.—The Secretary is authorized, but not
required, to exercise all of the authorities provided in section
2 of the Act of August 26, 1937 (50 Stat. 844, chapter 832),
to carry out the measures authorized in this section and section
10004.
(c) DISPOSAL OF PROPERTY.—
(1) IN GENERAL.—Upon the Secretary’s determination that
retention of title to property or interests in property acquired
pursuant to this part is no longer needed to be held by the
United States for the furtherance of the Settlement, the Secretary is authorized to dispose of such property or interest
in property on such terms and conditions as the Secretary
deems appropriate and in the best interest of the United States,
including possible transfer of such property to the State of
California.
(2) RIGHT OF FIRST REFUSAL.—In the event the Secretary
determines that property acquired pursuant to this part
through the exercise of its eminent domain authority is no
longer necessary for implementation of the Settlement, the
Secretary shall provide a right of first refusal to the property
owner from whom the property was initially acquired, or his
or her successor in interest, on the same terms and conditions
as the property is being offered to other parties.
(3) DISPOSITION OF PROCEEDS.—Proceeds from the disposal
by sale or transfer of any such property or interests in such
property shall be deposited in the fund established by section
10009(c).
(d) GROUNDWATER BANK.—Nothing in this part authorizes the
Secretary to operate a groundwater bank along or adjacent to
the San Joaquin River upstream of the confluence with the Merced
River, and any such groundwater bank shall be operated by a
non-Federal entity.
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SEC. 10006. COMPLIANCE WITH APPLICABLE LAW.
Determination.
(a) APPLICABLE LAW.—
(1) IN GENERAL.—In undertaking the measures authorized
by this part, the Secretary and the Secretary of Commerce
shall comply with all applicable Federal and State laws, rules,
and regulations, including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.), as necessary.
(2) ENVIRONMENTAL REVIEWS.—The Secretary and the Secretary of Commerce are authorized and directed to initiate
and expeditiously complete applicable environmental reviews
and consultations as may be necessary to effectuate the purposes of the Settlement.
(b) EFFECT ON STATE LAW.—Nothing in this part shall preempt
State law or modify any existing obligation of the United States
under Federal reclamation law to operate the Central Valley Project
in conformity with State law.
(c) USE OF FUNDS FOR ENVIRONMENTAL REVIEWS.—
(1) DEFINITION OF ENVIRONMENTAL REVIEW.—For purposes
of this subsection, the term ‘‘environmental review’’ includes
any consultation and planning necessary to comply with subsection (a).
(2) PARTICIPATION IN ENVIRONMENTAL REVIEW PROCESS.—
In undertaking the measures authorized by section 10004, and
for which environmental review is required, the Secretary may
provide funds made available under this part to affected Federal
agencies, State agencies, local agencies, and Indian tribes if
the Secretary determines that such funds are necessary to
allow the Federal agencies, State agencies, local agencies, or
Indian tribes to effectively participate in the environmental
review process.
(3) LIMITATION.—Funds may be provided under paragraph
(2) only to support activities that directly contribute to the
implementation of the terms and conditions of the Settlement.
(d) NONREIMBURSABLE FUNDS.—The United States’ share of
the costs of implementing this part shall be nonreimbursable under
Federal reclamation law, provided that nothing in this subsection
shall limit or be construed to limit the use of the funds assessed
and collected pursuant to sections 3406(c)(1) and 3407(d)(2) of the
Reclamation Projects Authorization and Adjustment Act of 1992
(Public Law 102–575; 106 Stat. 4721, 4727), for implementation
of the Settlement, nor shall it be construed to limit or modify
existing or future Central Valley Project ratesetting policies.
SEC. 10007. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT ACT.
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Congress hereby finds and declares that the Settlement satisfies
and discharges all of the obligations of the Secretary contained
in section 3406(c)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4721),
provided, however, that—
(1) the Secretary shall continue to assess and collect the
charges provided in section 3406(c)(1) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public
Law 102–575; 106 Stat. 4721), as provided in the Settlement;
and
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(2) those assessments and collections shall continue to be
counted toward the requirements of the Secretary contained
in section 3407(c)(2) of the Reclamation Projects Authorization
and Adjustment Act of 1992 (Public Law 102–575; 106 Stat.
4726).
SEC. 10008. NO PRIVATE RIGHT OF ACTION.
(a) IN GENERAL.—Nothing in this part confers upon any person
or entity not a party to the Settlement a private right of action
or claim for relief to interpret or enforce the provisions of this
part or the Settlement.
(b) APPLICABLE LAW.—This section shall not alter or curtail
any right of action or claim for relief under any other applicable
law.
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SEC. 10009. APPROPRIATIONS; SETTLEMENT FUND.
(a) IMPLEMENTATION COSTS.—
(1) IN GENERAL.—The costs of implementing the Settlement
shall be covered by payments or in-kind contributions made
by Friant Division contractors and other non-Federal parties,
including the funds provided in subparagraphs (A) through
(D) of subsection (c)(1), estimated to total $440,000,000, of
which the non-Federal payments are estimated to total
$200,000,000 (at October 2006 price levels) and the amount
from repaid Central Valley Project capital obligations is estimated to total $240,000,000, the additional Federal appropriation of $250,000,000 authorized pursuant to subsection (b)(1),
and such additional funds authorized pursuant to subsection
(b)(2); provided however, that the costs of implementing the
provisions of section 10004(a)(1) shall be shared by the State
of California pursuant to the terms of a memorandum of understanding executed by the State of California and the Parties
to the Settlement on September 13, 2006, which includes at
least $110,000,000 of State funds.
(2) ADDITIONAL AGREEMENTS.—
(A) IN GENERAL.—The Secretary shall enter into 1 or
more agreements to fund or implement improvements on
a project-by-project basis with the State of California.
(B) REQUIREMENTS.—Any agreements entered into
under subparagraph (A) shall provide for recognition of
either monetary or in-kind contributions toward the State
of California’s share of the cost of implementing the provisions of section 10004(a)(1).
(3) LIMITATION.—Except as provided in the Settlement, to
the extent that costs incurred solely to implement this Settlement would not otherwise have been incurred by any entity
or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency,
or subdivision of the State of California, unless such costs
are incurred on a voluntary basis.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to the funding provided in
subsection (c), there are also authorized to be appropriated
not to exceed $250,000,000 (at October 2006 price levels) to
implement this part and the Settlement, to be available until
expended; provided however, that the Secretary is authorized
to spend such additional appropriations only in amounts equal
to the amount of funds deposited in the San Joaquin River
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PUBLIC LAW 111–11—MAR. 30, 2009
Restoration Fund (not including payments under subsection
(c)(1)(B) and proceeds under subsection (c)(1)(C)), the amount
of in-kind contributions, and other non-Federal payments actually committed to the implementation of this part or the Settlement.
(2) USE OF THE CENTRAL VALLEY PROJECT RESTORATION
FUND.—The Secretary is authorized to use monies from the
Central Valley Project Restoration Fund created under section
3407 of the Reclamation Projects Authorization and Adjustment
Act of 1992 (Public Law 102–575; 106 Stat. 4727) for purposes
of this part in an amount not to exceed $2,000,000 (October
2006 price levels) in any fiscal year.
(c) FUND.—
(1) IN GENERAL.—There is hereby established within the
Treasury of the United States a fund, to be known as the
San Joaquin River Restoration Fund, into which the following
funds shall be deposited and used solely for the purpose of
implementing the Settlement except as otherwise provided in
subsections (a) and (b) of section 10203:
(A) All payments received pursuant to section
3406(c)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102–575; 106 Stat.
4721).
(B) The construction cost component (not otherwise
needed to cover operation and maintenance costs) of payments made by Friant Division, Hidden Unit, and
Buchanan Unit long-term contractors pursuant to longterm water service contracts or pursuant to repayment
contracts, including repayment contracts executed pursuant
to section 10010. The construction cost repayment obligation assigned such contractors under such contracts shall
be reduced by the amount paid pursuant to this paragraph
and the appropriate share of the existing Federal investment in the Central Valley Project to be recovered by
the Secretary pursuant to Public Law 99–546 (100 Stat.
3050) shall be reduced by an equivalent sum.
(C) Proceeds from the sale of water pursuant to the
Settlement, or from the sale of property or interests in
property as provided in section 10005.
(D) Any non-Federal funds, including State costsharing funds, contributed to the United States for
implementation of the Settlement, which the Secretary may
expend without further appropriation for the purposes for
which contributed.
(2) AVAILABILITY.—All funds deposited into the Fund pursuant to subparagraphs (A), (B), and (C) of paragraph (1) are
authorized for appropriation to implement the Settlement and
this part, in addition to the authorization provided in subsections (a) and (b) of section 10203, except that $88,000,000
of such funds are available for expenditure without further
appropriation; provided that after October 1, 2019, all funds
in the Fund shall be available for expenditure without further
appropriation.
(d) LIMITATION ON CONTRIBUTIONS.—Payments made by longterm contractors who receive water from the Friant Division and
Hidden and Buchanan Units of the Central Valley Project pursuant
to sections 3406(c)(1) and 3407(d)(2) of the Reclamation Projects
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Authorization and Adjustment Act of 1992 (Public Law 102–575;
106 Stat. 4721, 4727) and payments made pursuant to paragraph
16(b)(3) of the Settlement and subsection (c)(1)(B) shall be the
limitation of such entities’ direct financial contribution to the Settlement, subject to the terms and conditions of paragraph 21 of the
Settlement.
(e) NO ADDITIONAL EXPENDITURES REQUIRED.—Nothing in this
part shall be construed to require a Federal official to expend
Federal funds not appropriated by Congress, or to seek the appropriation of additional funds by Congress, for the implementation
of the Settlement.
(f) REACH 4B.—
(1) STUDY.—
(A) IN GENERAL.—In accordance with the Settlement
and the memorandum of understanding executed pursuant
to paragraph 6 of the Settlement, the Secretary shall conduct a study that specifies—
(i) the costs of undertaking any work required
under paragraph 11(a)(3) of the Settlement to increase
the capacity of reach 4B prior to reinitiation of Restoration Flows;
(ii) the impacts associated with reinitiation of such
flows; and
(iii) measures that shall be implemented to mitigate impacts.
(B) DEADLINE.—The study under subparagraph (A)
shall be completed prior to restoration of any flows other
than Interim Flows.
(2) REPORT.—
(A) IN GENERAL.—The Secretary shall file a report
with Congress not later than 90 days after issuing a determination, as required by the Settlement, on whether to
expand channel conveyance capacity to 4500 cubic feet
per second in reach 4B of the San Joaquin River, or use
an alternative route for pulse flows, that—
(i) explains whether the Secretary has decided to
expand Reach 4B capacity to 4500 cubic feet per
second; and
(ii) addresses the following matters:
(I) The basis for the Secretary’s determination,
whether set out in environmental review documents or otherwise, as to whether the expansion
of Reach 4B would be the preferable means to
achieve the Restoration Goal as provided in the
Settlement, including how different factors were
assessed such as comparative biological and
habitat benefits, comparative costs, relative availability of State cost-sharing funds, and the
comparative benefits and impacts on water
temperature, water supply, private property, and
local and downstream flood control.
(II) The Secretary’s final cost estimate for
expanding Reach 4B capacity to 4500 cubic feet
per second, or any alternative route selected, as
well as the alternative cost estimates provided by
the State, by the Restoration Administrator, and
by the other parties to the Settlement.
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(III) The Secretary’s plan for funding the costs
of expanding Reach 4B or any alternative route
selected, whether by existing Federal funds provided under this subtitle, by non-Federal funds,
by future Federal appropriations, or some combination of such sources.
(B) DETERMINATION REQUIRED.—The Secretary shall,
to the extent feasible, make the determination in subparagraph (A) prior to undertaking any substantial construction
work to increase capacity in reach 4B.
(3) COSTS.—If the Secretary’s estimated Federal cost for
expanding reach 4B in paragraph (2), in light of the Secretary’s
funding plan set out in that paragraph, would exceed the
remaining Federal funding authorized by this part (including
all funds reallocated, all funds dedicated, and all new funds
authorized by this part and separate from all commitments
of State and other non-Federal funds and in-kind commitments), then before the Secretary commences actual construction work in reach 4B (other than planning, design, feasibility,
or other preliminary measures) to expand capacity to 4500
cubic feet per second to implement this Settlement, Congress
must have increased the applicable authorization ceiling provided by this part in an amount at least sufficient to cover
the higher estimated Federal costs.
SEC. 10010. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT OF CONSTRUCTION COSTS.
(a) CONVERSION OF CONTRACTS.—
(1) The Secretary is authorized and directed to convert,
prior to December 31, 2010, all existing long-term contracts
with the following Friant Division, Hidden Unit, and Buchanan
Unit contractors, entered under subsection (e) of section 9 of
the Act of August 4, 1939 (53 Stat. 1196), to contracts under
subsection (d) of section 9 of said Act (53 Stat. 1195), under
mutually agreeable terms and conditions: Arvin-Edison Water
Storage District; Delano-Earlimart Irrigation District; Exeter
Irrigation District; Fresno Irrigation District; Ivanhoe Irrigation
District; Lindmore Irrigation District; Lindsay-Strathmore
Irrigation District; Lower Tule River Irrigation District; Orange
Cove Irrigation District; Porterville Irrigation District; Saucelito
Irrigation District; Shafter-Wasco Irrigation District; Southern
San Joaquin Municipal Utility District; Stone Corral Irrigation
District; Tea Pot Dome Water District; Terra Bella Irrigation
District; Tulare Irrigation District; Madera Irrigation District;
and Chowchilla Water District. Upon request of the contractor,
the Secretary is authorized to convert, prior to December 31,
2010, other existing long-term contracts with Friant Division
contractors entered under subsection (e) of section 9 of the
Act of August 4, 1939 (53 Stat. 1196), to contracts under subsection (d) of section 9 of said Act (53 Stat. 1195), under
mutually agreeable terms and conditions.
(2) Upon request of the contractor, the Secretary is further
authorized to convert, prior to December 31, 2010, any existing
Friant Division long-term contract entered under subsection
(c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194),
to a contract under subsection (c)(1) of section 9 of said Act,
under mutually agreeable terms and conditions.
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(3) All such contracts entered into pursuant to paragraph
(1) shall—
(A) require the repayment, either in lump sum or by
accelerated prepayment, of the remaining amount of
construction costs identified in the Central Valley Project
Schedule of Irrigation Capital Rates by Contractor 2007
Irrigation Water Rates, dated January 25, 2007, as
adjusted to reflect payments not reflected in such schedule,
and properly assignable for ultimate return by the contractor, no later than January 31, 2011, or if made in
approximately equal annual installments, no later than
January 31, 2014; such amount to be discounted by 1⁄2
the Treasury Rate. An estimate of the remaining amount
of construction costs as of January 31, 2011, as adjusted,
shall be provided by the Secretary to each contractor no
later than June 30, 2010;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the contract or not reflected in the
schedule referenced in subparagraph (A), and properly
assignable to such contractor, shall be repaid in not more
than 5 years after notification of the allocation if such
amount is a result of a collective annual allocation of capital
costs to the contractors exercising contract conversions
under this subsection of less than $5,000,000. If such
amount is $5,000,000 or greater, such cost shall be repaid
as provided by applicable Reclamation law, provided that
the reference to the amount of $5,000,000 shall not be
a precedent in any other context;
(C) provide that power revenues will not be available
to aid in repayment of construction costs allocated to irrigation under the contract; and
(D) conform to the Settlement and this part and shall
continue so long as the contractor pays applicable charges,
consistent with subsection (c)(2) and applicable law.
(4) All such contracts entered into pursuant to paragraph
(2) shall—
(A) require the repayment in lump sum of the
remaining amount of construction costs identified in the
most current version of the Central Valley Project Schedule
of Municipal and Industrial Water Rates, as adjusted to
reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor, no
later than January 31, 2014. An estimate of the remaining
amount of construction costs as of January 31, 2014, as
adjusted, shall be provided by the Secretary to each contractor no later than June 30, 2013;
(B) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the contract or not reflected in the
schedule referenced in subparagraph (A), and properly
assignable to such contractor, shall be repaid in not more
than 5 years after notification of the allocation if such
amount is a result of a collective annual allocation of capital
costs to the contractors exercising contract conversions
under this subsection of less than $5,000,000. If such
amount is $5,000,000 or greater, such cost shall be repaid
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Cost estimate.
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as provided by applicable Reclamation law, provided that
the reference to the amount of $5,000,000 shall not be
a precedent in any other context; and
(C) conform to the Settlement and this part and shall
continue so long as the contractor pays applicable charges,
consistent with subsection (c)(2) and applicable law.
(b) FINAL ADJUSTMENT.—The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost
allocation by the Secretary upon completion of the construction
of the Central Valley Project. In the event that the final cost
allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor,
the contractor shall be obligated to pay the remaining allocated
costs. The term of such additional repayment contract shall be
no less than 1 year and no more than 10 years, however, mutually
agreeable provisions regarding the rate of repayment of such
amount may be developed by the parties. In the event that the
final cost allocation indicates that the costs properly assignable
to the contractor are less than what the contractor has paid, the
Secretary is authorized and directed to credit such overpayment
as an offset against any outstanding or future obligation of the
contractor.
(c) APPLICABILITY OF CERTAIN PROVISIONS.—
(1) Notwithstanding any repayment obligation under subsection (a)(3)(B) or subsection (b), upon a contractor’s compliance with and discharge of the obligation of repayment of
the construction costs as provided in subsection (a)(3)(A), the
provisions of section 213(a) and (b) of the Reclamation Reform
Act of 1982 (96 Stat. 1269) shall apply to lands in such district.
(2) Notwithstanding any repayment obligation under paragraph (3)(B) or (4)(B) of subsection (a), or subsection (b), upon
a contractor’s compliance with and discharge of the obligation
of repayment of the construction costs as provided in paragraphs (3)(A) and (4)(A) of subsection (a), the Secretary shall
waive the pricing provisions of section 3405(d) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public
Law 102–575) for such contractor, provided that such contractor
shall continue to pay applicable operation and maintenance
costs and other charges applicable to such repayment contracts
pursuant to the then-current rate-setting policy and applicable
law.
(3) Provisions of the Settlement applying to Friant Division,
Hidden Unit, and Buchanan Unit long-term water service contracts shall also apply to contracts executed pursuant to this
section.
(d) REDUCTION OF CHARGE FOR THOSE CONTRACTS CONVERTED
PURSUANT TO SUBSECTION (A)(1).—
(1) At the time all payments by the contractor required
by subsection (a)(3)(A) have been completed, the Secretary shall
reduce the charge mandated in section 10007(1) of this part,
from 2020 through 2039, to offset the financing costs as defined
in section 10010(d)(3). The reduction shall be calculated at
the time all payments by the contractor required by subsection
(a)(3)(A) have been completed. The calculation shall remain
fixed from 2020 through 2039 and shall be based upon anticipated average annual water deliveries, as mutually agreed
upon by the Secretary and the contractor, for the period from
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2020 through 2039, and the amounts of such reductions shall
be discounted using the Treasury Rate; provided, that such
charge shall not be reduced to less than $4.00 per acre foot
of project water delivered; provided further, that such reduction
shall be implemented annually unless the Secretary determines,
based on the availability of other monies, that the charges
mandated in section 10007(1) are otherwise needed to cover
ongoing federal costs of the Settlement, including any federal
operation and maintenance costs of facilities that the Secretary
determines are needed to implement the Settlement. If the
Secretary determines that such charges are necessary to cover
such ongoing federal costs, the Secretary shall, instead of
making the reduction in such charges, reduce the contractor’s
operation and maintenance obligation by an equivalent amount,
and such amount shall not be recovered by the United States
from any Central Valley Project contractor, provided nothing
herein shall affect the obligation of the contractor to make
payments pursuant to a transfer agreement with a non-federal
operating entity.
(2) If the calculated reduction in paragraph (1), taking
into consideration the minimum amount required, does not
result in the contractor offsetting its financing costs, the Secretary is authorized and directed to reduce, after October 1,
2019, any outstanding or future obligations of the contractor
to the Bureau of Reclamation, other than the charge assessed
and collected under section 3407(d) of Public law 102–575,
by the amount of such deficiency, with such amount indexed
to 2020 using the Treasury Rate and such amount shall not
be recovered by the United States from any Central Valley
Project contractor, provided nothing herein shall affect the
obligation of the contractor to make payments pursuant to
a transfer agreement with a non-Federal operating entity.
(3) Financing costs, for the purposes of this subsection,
shall be computed as the difference of the net present value
of the construction cost identified in subsection (a)(3)(A) using
the full Treasury Rate as compared to using one half of the
Treasury Rate and applying those rates against a calculated
average annual capital repayment through 2030.
(4) Effective in 2040, the charge shall revert to the amount
called for in section 10007(1) of this part.
(5) For purposes of this section, ‘‘Treasury Rate’’ shall
be defined as the 20 year Constant Maturity Treasury (CMT)
rate published by the United States Department of the Treasury
as of October 1, 2010.
(e) SATISFACTION OF CERTAIN PROVISIONS.—
(1) IN GENERAL.—Upon the first release of Interim Flows
or Restoration Flows, pursuant to paragraphs 13 or 15 of the
Settlement, any short- or long-term agreement, to which 1
or more long-term Friant Division, Hidden Unit, or Buchanan
Unit contractor that converts its contract pursuant to subsection (a) is a party, providing for the transfer or exchange
of water not released as Interim Flows or Restoration Flows
shall be deemed to satisfy the provisions of subsection
3405(a)(1)(A) and (I) of the Reclamation Projects Authorization
and Adjustment Act of 1992 (Public Law 102–575) without
the further concurrence of the Secretary as to compliance with
said subsections if the contractor provides, not later than 90
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Determination.
Effective date.
Effective date.
Effective date.
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days before commencement of any such transfer or exchange
for a period in excess of 1 year, and not later than 30 days
before commencement of any proposed transfer or exchange
with duration of less than 1 year, written notice to the Secretary
stating how the proposed transfer or exchange is intended
to reduce, avoid, or mitigate impacts to water deliveries caused
by the Interim Flows or Restoration Flows or is intended to
otherwise facilitate the Water Management Goal, as described
in the Settlement. The Secretary shall promptly make such
notice publicly available.
(2) DETERMINATION OF REDUCTIONS TO WATER DELIVERIES.—Water transferred or exchanged under an agreement
that meets the terms of this subsection shall not be counted
as a replacement or an offset for purposes of determining reductions to water deliveries to any Friant Division long-term contractor except as provided in paragraph 16(b) of the Settlement.
The Secretary shall, at least annually, make publicly available
a compilation of the number of transfer or exchange agreements
exercising the provisions of this subsection to reduce, avoid,
or mitigate impacts to water deliveries caused by the Interim
Flows or Restoration Flows or to facilitate the Water Management Goal, as well as the volume of water transferred or
exchanged under such agreements.
(3) STATE LAW.—Nothing in this subsection alters State
law or permit conditions, including any applicable geographical
restrictions on the place of use of water transferred or
exchanged pursuant to this subsection.
(f) CERTAIN REPAYMENT OBLIGATIONS NOT ALTERED.—
Implementation of the provisions of this section shall not alter
the repayment obligation of any other long-term water service or
repayment contractor receiving water from the Central Valley
Project, or shift any costs that would otherwise have been properly
assignable to the Friant contractors absent this section, including
operations and maintenance costs, construction costs, or other
capitalized costs incurred after the date of enactment of this Act,
to other such contractors.
(g) STATUTORY INTERPRETATION.—Nothing in this part shall
be construed to affect the right of any Friant Division, Hidden
Unit, or Buchanan Unit long-term contractor to use a particular
type of financing to make the payments required in paragraph
(3)(A) or (4)(A) of subsection (a).
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SEC. 10011. CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK
SALMON.
(a) FINDING.—Congress finds that the implementation of the
Settlement to resolve 18 years of contentious litigation regarding
restoration of the San Joaquin River and the reintroduction of
the California Central Valley Spring Run Chinook salmon is a
unique and unprecedented circumstance that requires clear expressions of Congressional intent regarding how the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are utilized
to achieve the goals of restoration of the San Joaquin River and
the successful reintroduction of California Central Valley Spring
Run Chinook salmon.
(b) REINTRODUCTION IN THE SAN JOAQUIN RIVER.—California
Central Valley Spring Run Chinook salmon shall be reintroduced
in the San Joaquin River below Friant Dam pursuant to section
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123 STAT. 1363
10(j) of the Endangered Species Act of 1973 (16 U.S.C. 1539(j))
and the Settlement, provided that the Secretary of Commerce finds
that a permit for the reintroduction of California Central Valley
Spring Run Chinook salmon may be issued pursuant to section
10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C.
1539(a)(1)(A)).
(c) FINAL RULE.—
(1) DEFINITION OF THIRD PARTY.—For the purpose of this
subsection, the term ‘‘third party’’ means persons or entities
diverting or receiving water pursuant to applicable State and
Federal laws and shall include Central Valley Project contractors outside of the Friant Division of the Central Valley Project
and the State Water Project.
(2) ISSUANCE.—The Secretary of Commerce shall issue a
final rule pursuant to section 4(d) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(d)) governing the incidental take
of reintroduced California Central Valley Spring Run Chinook
salmon prior to the reintroduction.
(3) REQUIRED COMPONENTS.—The rule issued under paragraph (2) shall provide that the reintroduction will not impose
more than de minimus: water supply reductions, additional
storage releases, or bypass flows on unwilling third parties
due to such reintroduction.
(4) APPLICABLE LAW.—Nothing in this section—
(A) diminishes the statutory or regulatory protections
provided in the Endangered Species Act of 1973 for any
species listed pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533) other than the reintroduced population of California Central Valley Spring Run
Chinook salmon, including protections pursuant to existing
biological opinions or new biological opinions issued by
the Secretary or Secretary of Commerce; or
(B) precludes the Secretary or Secretary of Commerce
from imposing protections under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) for other species
listed pursuant to section 4 of that Act (16 U.S.C. 1533)
because those protections provide incidental benefits to
such reintroduced California Central Valley Spring Run
Chinook salmon.
(d) REPORT.—
(1) IN GENERAL.—Not later than December 31, 2024, the
Secretary of Commerce shall report to Congress on the progress
made on the reintroduction set forth in this section and the
Secretary’s plans for future implementation of this section.
(2) INCLUSIONS.—The report under paragraph (1) shall
include—
(A) an assessment of the major challenges, if any,
to successful reintroduction;
(B) an evaluation of the effect, if any, of the reintroduction on the existing population of California Central Valley
Spring Run Chinook salmon existing on the Sacramento
River or its tributaries; and
(C) an assessment regarding the future of the reintroduction.
(e) FERC PROJECTS.—
(1) IN GENERAL.—With regard to California Central Valley
Spring Run Chinook salmon reintroduced pursuant to the
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PUBLIC LAW 111–11—MAR. 30, 2009
Settlement, the Secretary of Commerce shall exercise its
authority under section 18 of the Federal Power Act (16 U.S.C.
811) by reserving its right to file prescriptions in proceedings
for projects licensed by the Federal Energy Regulatory Commission on the Calaveras, Stanislaus, Tuolumne, Merced, and San
Joaquin rivers and otherwise consistent with subsection (c)
until after the expiration of the term of the Settlement,
December 31, 2025, or the expiration of the designation made
pursuant to subsection (b), whichever ends first.
(2) EFFECT OF SUBSECTION.—Nothing in this subsection
shall preclude the Secretary of Commerce from imposing
prescriptions pursuant to section 18 of the Federal Power Act
(16 U.S.C. 811) solely for other anadromous fish species because
those prescriptions provide incidental benefits to such reintroduced California Central Valley Spring Run Chinook salmon.
(f) EFFECT OF SECTION.—Nothing in this section is intended
or shall be construed—
(1) to modify the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) or the Federal Power Act (16 U.S.C. 791a
et seq.); or
(2) to establish a precedent with respect to any other
application of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) or the Federal Power Act (16 U.S.C. 791a et
seq.).
PART II—STUDY TO DEVELOP WATER PLAN;
REPORT
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SEC. 10101. STUDY TO DEVELOP WATER PLAN; REPORT.
(a) PLAN.—
(1) GRANT.—To the extent that funds are made available
in advance for this purpose, the Secretary of the Interior,
acting through the Bureau of Reclamation, shall provide direct
financial assistance to the California Water Institute, located
at California State University, Fresno, California, to conduct
a study regarding the coordination and integration of subregional integrated regional water management plans into a
unified Integrated Regional Water Management Plan for the
subject counties in the hydrologic basins that would address
issues related to—
(A) water quality;
(B) water supply (both surface, ground water banking,
and brackish water desalination);
(C) water conveyance;
(D) water reliability;
(E) water conservation and efficient use (by distribution systems and by end users);
(F) flood control;
(G) water resource-related environmental enhancement; and
(H) population growth.
(2) STUDY AREA.—The study area referred to in paragraph
(1) is the proposed study area of the San Joaquin River Hydrologic Region and Tulare Lake Hydrologic Region, as defined
by California Department of Water Resources Bulletin 160–
05, volume 3, chapters 7 and 8, including Kern, Tulare, Kings,
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Fresno, Madera, Merced, Stanislaus, and San Joaquin counties
in California.
(b) USE OF PLAN.—The Integrated Regional Water Management
Plan developed for the 2 hydrologic basins under subsection (a)
shall serve as a guide for the counties in the study area described
in subsection (a)(2) to use as a mechanism to address and solve
long-term water needs in a sustainable and equitable manner.
(c) REPORT.—The Secretary shall ensure that a report containing the results of the Integrated Regional Water Management
Plan for the hydrologic regions is submitted to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives not later
than 24 months after financial assistance is made available to
the California Water Institute under subsection (a)(1).
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $1,000,000 to remain
available until expended.
PART III—FRIANT DIVISION IMPROVEMENTS
SEC. 10201. FEDERAL FACILITY IMPROVEMENTS.
(a) The Secretary of the Interior (hereafter referred to as the
‘‘Secretary’’) is authorized and directed to conduct feasibility studies
in coordination with appropriate Federal, State, regional, and local
authorities on the following improvements and facilities in the
Friant Division, Central Valley Project, California:
(1) Restoration of the capacity of the Friant-Kern Canal
and Madera Canal to such capacity as previously designed
and constructed by the Bureau of Reclamation.
(2) Reverse flow pump-back facilities on the Friant-Kern
Canal, with reverse-flow capacity of approximately 500 cubic
feet per second at the Poso and Shafter Check Structures
and approximately 300 cubic feet per second at the Woollomes
Check Structure.
(b) Upon completion of and consistent with the applicable feasibility studies, the Secretary is authorized to construct the improvements and facilities identified in subsection (a) in accordance with
all applicable Federal and State laws.
(c) The costs of implementing this section shall be in accordance
with section 10203, and shall be a nonreimbursable Federal
expenditure.
Studies.
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SEC. 10202. FINANCIAL ASSISTANCE FOR LOCAL PROJECTS.
(a) AUTHORIZATION.—The Secretary is authorized to provide
financial assistance to local agencies within the Central Valley
Project, California, for the planning, design, environmental compliance, and construction of local facilities to bank water underground
or to recharge groundwater, and that recover such water, provided
that the project meets the criteria in subsection (b). The Secretary
is further authorized to require that any such local agency receiving
financial assistance under the terms of this section submit progress
reports and accountings to the Secretary, as the Secretary deems
appropriate, which such reports shall be publicly available.
(b) CRITERIA.—
(1) A project shall be eligible for Federal financial assistance under subsection (a) only if all or a portion of the project
is designed to reduce, avoid, or offset the quantity of the
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Reports.
Public
information.
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Applicability.
Determinations.
Contracts.
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Deadline.
Public comment.
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expected water supply impacts to Friant Division long-term
contractors caused by the Interim or Restoration Flows authorized in part I of this subtitle, and such quantities have not
already been reduced, avoided, or offset by other programs
or projects.
(2) Federal financial assistance shall only apply to the
portion of a project that the local agency designates as reducing,
avoiding, or offsetting the expected water supply impacts caused
by the Interim or Restoration Flows authorized in part I of
this subtitle, consistent with the methodology developed pursuant to paragraph (3)(C).
(3) No Federal financial assistance shall be provided by
the Secretary under this part for construction of a project
under subsection (a) unless the Secretary—
(A) determines that appropriate planning, design, and
environmental compliance activities associated with such
a project have been completed, and that the Secretary
has been offered the opportunity to participate in the
project at a price that is no higher than the local agency’s
own costs, in order to secure necessary storage, extraction,
and conveyance rights for water that may be needed to
meet the Restoration Goal as described in part I of this
subtitle, where such project has capacity beyond that designated for the purposes in paragraph (2) or where it
is feasible to expand such project to allow participation
by the Secretary;
(B) determines, based on information available at the
time, that the local agency has the financial capability
and willingness to fund its share of the project’s construction and all operation and maintenance costs on an annual
basis;
(C) determines that a method acceptable to the Secretary has been developed for quantifying the benefit, in
terms of reduction, avoidance, or offset of the water supply
impacts expected to be caused by the Interim or Restoration
Flows authorized in part I of this subtitle, that will result
from the project, and for ensuring appropriate adjustment
in the recovered water account pursuant to section
10004(a)(5); and
(D) has entered into a cost-sharing agreement with
the local agency which commits the local agency to funding
its share of the project’s construction costs on an annual
basis.
(c) GUIDELINES.—Within 1 year from the date of enactment
of this part, the Secretary shall develop, in consultation with the
Friant Division long-term contractors, proposed guidelines for the
application of the criteria defined in subsection (b), and will make
the proposed guidelines available for public comment. Such guidelines may consider prioritizing the distribution of available funds
to projects that provide the broadest benefit within the affected
area and the equitable allocation of funds. Upon adoption of such
guidelines, the Secretary shall implement such assistance program,
subject to the availability of funds appropriated for such purpose.
(d) COST SHARING.—The Federal financial assistance provided
to local agencies under subsection (a) shall not exceed—
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(1) 50 percent of the costs associated with planning, design,
and environmental compliance activities associated with such
a project; and
(2) 50 percent of the costs associated with construction
of any such project.
(e) PROJECT OWNERSHIP.—
(1) Title to, control over, and operation of, projects funded
under subsection (a) shall remain in one or more non-Federal
local agencies. Nothing in this part authorizes the Secretary
to operate a groundwater bank along or adjacent to the San
Joaquin River upstream of the confluence with the Merced
River, and any such groundwater bank shall be operated by
a non-Federal entity. All projects funded pursuant to this subsection shall comply with all applicable Federal and State laws,
including provisions of California water law.
(2) All operation, maintenance, and replacement and
rehabilitation costs of such projects shall be the responsibility
of the local agency. The Secretary shall not provide funding
for any operation, maintenance, or replacement and rehabilitation costs of projects funded under subsection (a).
SEC. 10203. AUTHORIZATION OF APPROPRIATIONS.
(a) The Secretary is authorized and directed to use monies
from the fund established under section 10009 to carry out the
provisions of section 10201(a)(1), in an amount not to exceed
$35,000,000.
(b) In addition to the funds made available pursuant to subsection (a), the Secretary is also authorized to expend such additional funds from the fund established under section 10009 to
carry out the purposes of section 10201(a)(2), if such facilities have
not already been authorized and funded under the plan provided
for pursuant to section 10004(a)(4), in an amount not to exceed
$17,000,000, provided that the Secretary first determines that such
expenditure will not conflict with or delay his implementation of
actions required by part I of this subtitle. Notice of the Secretary’s
determination shall be published not later than his submission
of the report to Congress required by section 10009(f)(2).
(c) In addition to funds made available in subsections (a) and
(b), there are authorized to be appropriated $50,000,000 (October
2008 price levels) to carry out the purposes of this part which
shall be non-reimbursable.
Subtitle B—Northwestern New Mexico
Rural Water Projects
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ‘‘Northwestern New Mexico
Rural Water Projects Act’’.
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SEC. 10302. DEFINITIONS.
Determination.
Notice.
Publication.
Northwestern
New Mexico
Rural Water
Projects Act.
Native
Americans.
43 USC 371 note.
43 USC 407 note.
In this subtitle:
(1) AAMODT ADJUDICATION.—The term ‘‘Aamodt adjudication’’ means the general stream adjudication that is the subject
of the civil action entitled ‘‘State of New Mexico, ex rel. State
Engineer and United States of America, Pueblo de Nambe,
Pueblo de Pojoaque, Pueblo de San Ildefonso, and Pueblo de
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123 STAT. 1368
PUBLIC LAW 111–11—MAR. 30, 2009
Tesuque v. R. Lee Aamodt, et al.’’, No. 66 CV 6639 MV/LCS
(D.N.M.).
(2) ABEYTA ADJUDICATION.—The term ‘‘Abeyta adjudication’’
means the general stream adjudication that is the subject of
the civil actions entitled ‘‘State of New Mexico v. Abeyta and
State of New Mexico v. Arrellano’’, Civil Nos. 7896–BB (D.N.M)
and 7939–BB (D.N.M.) (consolidated).
(3) ACRE-FEET.—The term ‘‘acre-feet’’ means acre-feet per
year.
(4) AGREEMENT.—The term ‘‘Agreement’’ means the agreement among the State of New Mexico, the Nation, and the
United States setting forth a stipulated and binding agreement
signed by the State of New Mexico and the Nation on April
19, 2005.
(5) ALLOTTEE.—The term ‘‘allottee’’ means a person that
holds a beneficial real property interest in a Navajo allotment
that—
(A) is located within the Navajo Reservation or the
State of New Mexico;
(B) is held in trust by the United States; and
(C) was originally granted to an individual member
of the Nation by public land order or otherwise.
(6) ANIMAS-LA PLATA PROJECT.—The term ‘‘Animas-La Plata
Project’’ has the meaning given the term in section 3 of Public
Law 100–585 (102 Stat. 2973), including Ridges Basin Dam,
Lake Nighthorse, the Navajo Nation Municipal Pipeline, and
any other features or modifications made pursuant to the Colorado Ute Settlement Act Amendments of 2000 (Public Law
106–554; 114 Stat. 2763A–258).
(7) CITY.—The term ‘‘City’’ means the city of Gallup, New
Mexico, or a designee of the City, with authority to provide
water to the Gallup, New Mexico service area.
(8) COLORADO RIVER COMPACT.—The term ‘‘Colorado River
Compact’’ means the Colorado River Compact of 1922 as
approved by Congress in the Act of December 21, 1928 (45
Stat. 1057) and by the Presidential Proclamation of June 25,
1929 (46 Stat. 3000).
(9) COLORADO RIVER SYSTEM.—The term ‘‘Colorado River
System’’ has the same meaning given the term in Article II(a)
of the Colorado River Compact.
(10) COMPACT.—The term ‘‘Compact’’ means the Upper
Colorado River Basin Compact as consented to by the Act
of April 6, 1949 (63 Stat. 31, chapter 48).
(11) CONTRACT.—The term ‘‘Contract’’ means the contract
between the United States and the Nation setting forth certain
commitments, rights, and obligations of the United States and
the Nation, as described in paragraph 6.0 of the Agreement.
(12) DEPLETION.—The term ‘‘depletion’’ means the depletion
of the flow of the San Juan River stream system in the State
of New Mexico by a particular use of water (including any
depletion incident to the use) and represents the diversion
from the stream system by the use, less return flows to the
stream system from the use.
(13) DRAFT IMPACT STATEMENT.—The term ‘‘Draft Impact
Statement’’ means the draft environmental impact statement
prepared by the Bureau of Reclamation for the Project dated
March 2007.
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(14) FUND.—The term ‘‘Fund’’ means the Reclamation
Waters Settlements Fund established by section 10501(a).
(15) HYDROLOGIC DETERMINATION.—The term ‘‘hydrologic
determination’’ means the hydrologic determination entitled
‘‘Water Availability from Navajo Reservoir and the Upper Colorado River Basin for Use in New Mexico,’’ prepared by the
Bureau of Reclamation pursuant to section 11 of the Act of
June 13, 1962 (Public Law 87–483; 76 Stat. 99), and dated
May 23, 2007.
(16) LOWER BASIN.—The term ‘‘Lower Basin’’ has the same
meaning given the term in Article II(g) of the Colorado River
Compact.
(17) NATION.—The term ‘‘Nation’’ means the Navajo Nation,
a body politic and federally-recognized Indian nation as provided for in section 101(2) of the Federally Recognized Indian
Tribe List of 1994 (25 U.S.C. 497a(2)), also known variously
as the ‘‘Navajo Tribe,’’ the ‘‘Navajo Tribe of Arizona, New
Mexico & Utah,’’ and the ‘‘Navajo Tribe of Indians’’ and other
similar names, and includes all bands of Navajo Indians and
chapters of the Navajo Nation.
(18) NAVAJO-GALLUP WATER SUPPLY PROJECT; PROJECT.—
The term ‘‘Navajo-Gallup Water Supply Project’’ or ‘‘Project’’
means the Navajo-Gallup Water Supply Project authorized
under section 10602(a), as described as the preferred alternative
in the Draft Impact Statement.
(19) NAVAJO INDIAN IRRIGATION PROJECT.—The term
‘‘Navajo Indian Irrigation Project’’ means the Navajo Indian
irrigation project authorized by section 2 of Public Law 87–
483 (76 Stat. 96).
(20) NAVAJO RESERVOIR.—The term ‘‘Navajo Reservoir’’
means the reservoir created by the impoundment of the San
Juan River at Navajo Dam, as authorized by the Act of April
11, 1956 (commonly known as the ‘‘Colorado River Storage
Project Act’’) (43 U.S.C. 620 et seq.).
(21) NAVAJO NATION MUNICIPAL PIPELINE; PIPELINE.—The
term ‘‘Navajo Nation Municipal Pipeline’’ or ‘‘Pipeline’’ means
the pipeline used to convey the water of the Animas-La Plata
Project of the Navajo Nation from the City of Farmington,
New Mexico, to communities of the Navajo Nation located in
close proximity to the San Juan River Valley in the State
of New Mexico (including the City of Shiprock), as authorized
by section 15(b) of the Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 100–585; 102 Stat. 2973; 114
Stat. 2763A–263).
(22) NON-NAVAJO IRRIGATION DISTRICTS.—The term ‘‘NonNavajo Irrigation Districts’’ means—
(A) the Hammond Conservancy District;
(B) the Bloomfield Irrigation District; and
(C) any other community ditch organization in the
San Juan River basin in the State of New Mexico.
(23) PARTIAL FINAL DECREE.—The term ‘‘Partial Final
Decree’’ means a final and binding judgment and decree entered
by a court in the stream adjudication, setting forth the rights
of the Nation to use and administer waters of the San Juan
River Basin in New Mexico, as set forth in Appendix 1 of
the Agreement.
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PUBLIC LAW 111–11—MAR. 30, 2009
(24) PROJECT PARTICIPANTS.—The term ‘‘Project Participants’’ means the City, the Nation, and the Jicarilla Apache
Nation.
(25) SAN JUAN RIVER BASIN RECOVERY IMPLEMENTATION
PROGRAM.—The term ‘‘San Juan River Basin Recovery
Implementation Program’’ means the intergovernmental program established pursuant to the cooperative agreement dated
October 21, 1992 (including any amendments to the program).
(26) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Commissioner of
Reclamation or any other designee.
(27) STREAM ADJUDICATION.—The term ‘‘stream adjudication’’ means the general stream adjudication that is the subject
of New Mexico v. United States, et al., No. 75–185 (11th Jud.
Dist., San Juan County, New Mexico) (involving claims to
waters of the San Juan River and the tributaries of that river).
(28) SUPPLEMENTAL PARTIAL FINAL DECREE.—The term
‘‘Supplemental Partial Final Decree’’ means a final and binding
judgment and decree entered by a court in the stream adjudication, setting forth certain water rights of the Nation, as set
forth in Appendix 2 of the Agreement.
(29) TRUST FUND.—The term ‘‘Trust Fund’’ means the
Navajo Nation Water Resources Development Trust Fund
established by section 10702(a).
(30) UPPER BASIN.—The term ‘‘Upper Basin’’ has the same
meaning given the term in Article II(f) of the Colorado River
Compact.
43 USC 407 note.
SEC. 10303. COMPLIANCE WITH ENVIRONMENTAL LAWS.
(a) EFFECT OF EXECUTION OF AGREEMENT.—The execution of
the Agreement under section 10701(a)(2) shall not constitute a
major Federal action under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(b) COMPLIANCE WITH ENVIRONMENTAL LAWS.—In carrying out
this subtitle, the Secretary shall comply with each law of the
Federal Government relating to the protection of the environment,
including—
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
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SEC. 10304. NO REALLOCATION OF COSTS.
(a) EFFECT OF ACT.—Notwithstanding any other provision of
law, the Secretary shall not reallocate or reassign any costs of
projects that have been authorized under the Act of April 11,
1956 (commonly known as the ‘‘Colorado River Storage Project
Act’’) (43 U.S.C. 620 et seq.), as of the date of enactment of this
Act because of—
(1) the authorization of the Navajo-Gallup Water Supply
Project under this subtitle; or
(2) the changes in the uses of the water diverted by the
Navajo Indian Irrigation Project or the waters stored in the
Navajo Reservoir authorized under this subtitle.
(b) USE OF POWER REVENUES.—Notwithstanding any other
provision of law, no power revenues under the Act of April 11,
1956 (commonly known as the ‘‘Colorado River Storage Project
Act’’) (43 U.S.C. 620 et seq.), shall be used to pay or reimburse
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any costs of the Navajo Indian Irrigation Project or Navajo-Gallup
Water Supply Project.
SEC. 10305. INTEREST RATE.
Notwithstanding any other provision of law, the interest rate
applicable to any repayment contract entered into under section
10604 shall be equal to the discount rate for Federal water resources
planning, as determined by the Secretary.
PART I—AMENDMENTS TO THE COLORADO
RIVER STORAGE PROJECT ACT AND PUBLIC
LAW 87–483
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SEC. 10401. AMENDMENTS TO THE COLORADO RIVER STORAGE
PROJECT ACT.
(a) PARTICIPATING PROJECTS.—Paragraph (2) of the first section
of the Act of April 11, 1956 (commonly known as the ‘‘Colorado
River Storage Project Act’’) (43 U.S.C. 620(2)) is amended by
inserting ‘‘the Navajo-Gallup Water Supply Project,’’ after ‘‘Fruitland Mesa,’’.
(b) NAVAJO RESERVOIR WATER BANK.—The Act of April 11,
1956 (commonly known as the ‘‘Colorado River Storage Project
Act’’) is amended—
(1) by redesignating section 16 (43 U.S.C. 620o) as section
17; and
(2) by inserting after section 15 (43 U.S.C. 620n) the following:
‘‘SEC. 16. (a) The Secretary of the Interior may create and
operate within the available capacity of Navajo Reservoir a top
water bank.
‘‘(b) Water made available for the top water bank in accordance
with subsections (c) and (d) shall not be subject to section 11
of Public Law 87–483 (76 Stat. 99).
‘‘(c) The top water bank authorized under subsection (a) shall
be operated in a manner that—
‘‘(1) is consistent with applicable law, except that, notwithstanding any other provision of law, water for purposes other
than irrigation may be stored in the Navajo Reservoir pursuant
to the rules governing the top water bank established under
this section; and
‘‘(2) does not impair the ability of the Secretary of the
Interior to deliver water under contracts entered into under—
‘‘(A) Public Law 87–483 (76 Stat. 96); and
‘‘(B) New Mexico State Engineer File Nos. 2847, 2848,
2849, and 2917.
‘‘(d)(1) The Secretary of the Interior, in cooperation with the
State of New Mexico (acting through the Interstate Stream Commission), shall develop any terms and procedures for the storage,
accounting, and release of water in the top water bank that are
necessary to comply with subsection (c).
‘‘(2) The terms and procedures developed under paragraph (1)
shall include provisions requiring that—
‘‘(A) the storage of banked water shall be subject to
approval under State law by the New Mexico State Engineer
to ensure that impairment of any existing water right does
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not occur, including storage of water under New Mexico State
Engineer File No. 2849;
‘‘(B) water in the top water bank be subject to evaporation
and other losses during storage;
‘‘(C) water in the top water bank be released for delivery
to the owner or assigns of the banked water on request of
the owner, subject to reasonable scheduling requirements for
making the release;
‘‘(D) water in the top water bank be the first water spilled
or released for flood control purposes in anticipation of a spill,
on the condition that top water bank water shall not be released
or included for purposes of calculating whether a release should
occur for purposes of satisfying the flow recommendations of
the San Juan River Basin Recovery Implementation Program;
and
‘‘(E) water eligible for banking in the top water bank shall
be water that otherwise would have been diverted and beneficially used in New Mexico that year.
‘‘(e) The Secretary of the Interior may charge fees to water
users that use the top water bank in amounts sufficient to cover
the costs incurred by the United States in administering the water
bank.’’.
SEC. 10402. AMENDMENTS TO PUBLIC LAW 87–483.
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(a) NAVAJO INDIAN IRRIGATION PROJECT.—Public Law 87–483
(76 Stat. 96) is amended by striking section 2 and inserting the
following:
‘‘SEC. 2. (a) In accordance with the Act of April 11, 1956
(commonly known as the ‘Colorado River Storage Project Act’) (43
U.S.C. 620 et seq.), the Secretary of the Interior is authorized
to construct, operate, and maintain the Navajo Indian Irrigation
Project to provide irrigation water to a service area of not more
than 110,630 acres of land.
‘‘(b)(1) Subject to paragraph (2), the average annual diversion
by the Navajo Indian Irrigation Project from the Navajo Reservoir
over any consecutive 10-year period shall be the lesser of—
‘‘(A) 508,000 acre-feet per year; or
‘‘(B) the quantity of water necessary to supply an average
depletion of 270,000 acre-feet per year.
‘‘(2) The quantity of water diverted for any 1 year shall not
exceed the average annual diversion determined under paragraph
(1) by more than 15 percent.
‘‘(c) In addition to being used for irrigation, the water diverted
by the Navajo Indian Irrigation Project under subsection (b) may
be used within the area served by Navajo Indian Irrigation Project
facilities for the following purposes:
‘‘(1) Aquaculture purposes, including the rearing of fish
in support of the San Juan River Basin Recovery Implementation Program authorized by Public Law 106–392 (114 Stat.
1602).
‘‘(2) Domestic, industrial, or commercial purposes relating
to agricultural production and processing.
‘‘(3)(A) The generation of hydroelectric power as an incident
to the diversion of water by the Navajo Indian Irrigation Project
for authorized purposes.
‘‘(B) Notwithstanding any other provision of law—
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123 STAT. 1373
‘‘(i) any hydroelectric power generated under this paragraph shall be used or marketed by the Navajo Nation;
‘‘(ii) the Navajo Nation shall retain any revenues from
the sale of the hydroelectric power; and
‘‘(iii) the United States shall have no trust obligation
to monitor, administer, or account for the revenues received
by the Navajo Nation, or the expenditure of the revenues.
‘‘(4) The implementation of the alternate water source
provisions described in subparagraph 9.2 of the agreement
executed under section 10701(a)(2) of the Northwestern New
Mexico Rural Water Projects Act.
‘‘(d) The Navajo Indian Irrigation Project water diverted under
subsection (b) may be transferred to areas located within or outside
the area served by Navajo Indian Irrigation Project facilities, and
within or outside the boundaries of the Navajo Nation, for any
beneficial use in accordance with—
‘‘(1) the agreement executed under section 10701(a)(2) of
the Northwestern New Mexico Rural Water Projects Act;
‘‘(2) the contract executed under section 10604(a)(2)(B) of
that Act; and
‘‘(3) any other applicable law.
‘‘(e) The Secretary may use the capacity of the Navajo Indian
Irrigation Project works to convey water supplies for—
‘‘(1) the Navajo-Gallup Water Supply Project under section
10602 of the Northwestern New Mexico Rural Water Projects
Act; or
‘‘(2) other nonirrigation purposes authorized under subsection (c) or (d).
‘‘(f)(1) Repayment of the costs of construction of the project
(as authorized in subsection (a)) shall be in accordance with the
Act of April 11, 1956 (commonly known as the ‘Colorado River
Storage Project Act’) (43 U.S.C. 620 et seq.), including section 4(d)
of that Act.
‘‘(2) The Secretary shall not reallocate, or require repayment
of, construction costs of the Navajo Indian Irrigation Project because
of the conveyance of water supplies for nonirrigation purposes under
subsection (e).’’.
(b) RUNOFF ABOVE NAVAJO DAM.—Section 11 of Public Law
87–483 (76 Stat. 100) is amended by adding at the end the following:
‘‘(d)(1) For purposes of implementing in a year of prospective
shortage the water allocation procedures established by subsection
(a), the Secretary of the Interior shall determine the quantity of
any shortages and the appropriate apportionment of water using
the normal diversion requirements on the flow of the San Juan
River originating above Navajo Dam based on the following criteria:
‘‘(A) The quantity of diversion or water delivery for the
current year anticipated to be necessary to irrigate land in
accordance with cropping plans prepared by contractors.
‘‘(B) The annual diversion or water delivery demands for
the current year anticipated for non-irrigation uses under water
delivery contracts, including contracts authorized by the Northwestern New Mexico Rural Water Projects Act, but excluding
any current demand for surface water for placement into aquifer
storage for future recovery and use.
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‘‘(C) An annual normal diversion demand of 135,000 acrefeet for the initial stage of the San Juan-Chama Project authorized by section 8, which shall be the amount to which any
shortage is applied.
‘‘(2) The Secretary shall not include in the normal diversion
requirements—
‘‘(A) the quantity of water that reliably can be anticipated
to be diverted or delivered under a contract from inflows to
the San Juan River arising below Navajo Dam under New
Mexico State Engineer File No. 3215; or
‘‘(B) the quantity of water anticipated to be supplied
through reuse.
‘‘(e)(1) If the Secretary determines that there is a shortage
of water under subsection (a), the Secretary shall respond to the
shortage in the Navajo Reservoir water supply by curtailing releases
and deliveries in the following order:
‘‘(A) The demand for delivery for uses in the State of
Arizona under the Navajo-Gallup Water Supply Project authorized by section 10603 of the Northwestern New Mexico Rural
Water Projects Act, excluding the quantity of water anticipated
to be diverted for the uses from inflows to the San Juan
River that arise below Navajo Dam in accordance with New
Mexico State Engineer File No. 3215.
‘‘(B) The demand for delivery for uses allocated under paragraph 8.2 of the agreement executed under section 10701(a)(2)
of the Northwestern New Mexico Rural Water Projects Act,
excluding the quantity of water anticipated to be diverted for
such uses under State Engineer File No. 3215.
‘‘(C) The uses in the State of New Mexico that are determined under subsection (d), in accordance with the procedure
for apportioning the water supply under subsection (a).
‘‘(2) For any year for which the Secretary determines and
responds to a shortage in the Navajo Reservoir water supply, the
Secretary shall not deliver, and contractors of the water supply
shall not divert, any of the water supply for placement into aquifer
storage for future recovery and use.
‘‘(3) To determine the occurrence and amount of any shortage
to contracts entered into under this section, the Secretary shall
not include as available storage any water stored in a top water
bank in Navajo Reservoir established under section 16(a) of the
Act of April 11, 1956 (commonly known as the ‘Colorado River
Storage Project Act’).
‘‘(f) The Secretary of the Interior shall apportion water under
subsections (a), (d), and (e) on an annual volume basis.
‘‘(g) The Secretary of the Interior may revise a determination
of shortages, apportionments, or allocations of water under subsections (a), (d), and (e) on the basis of information relating to
water supply conditions that was not available at the time at
which the determination was made.
‘‘(h) Nothing in this section prohibits the distribution of water
in accordance with cooperative water agreements between water
users providing for a sharing of water supplies.
‘‘(i) Diversions under New Mexico State Engineer File No. 3215
shall be distributed, to the maximum extent water is available,
in proportionate amounts to the diversion demands of contractors
and subcontractors of the Navajo Reservoir water supply that are
diverting water below Navajo Dam.’’.
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123 STAT. 1375
SEC. 10403. EFFECT ON FEDERAL WATER LAW.
43 USC 620 note.
Unless expressly provided in this subtitle, nothing in this subtitle modifies, conflicts with, preempts, or otherwise affects—
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (54 Stat.
774, chapter 643);
(3) the Act of April 11, 1956 (commonly known as the
‘‘Colorado River Storage Project Act’’) (43 U.S.C. 620 et seq.);
(4) the Act of September 30, 1968 (commonly known as
the ‘‘Colorado River Basin Project Act’’) (82 Stat. 885);
(5) Public Law 87–483 (76 Stat. 96);
(6) the Treaty between the United States of America and
Mexico respecting utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington
February 3, 1944 (59 Stat. 1219);
(7) the Colorado River Compact of 1922, as approved by
the Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(8) the Compact;
(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
(10) the Jicarilla Apache Tribe Water Rights Settlement
Act (106 Stat. 2237); or
(11) section 205 of the Energy and Water Development
Appropriations Act, 2005 (118 Stat. 2949).
PART II—RECLAMATION WATER
SETTLEMENTS FUND
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SEC. 10501. RECLAMATION WATER SETTLEMENTS FUND.
43 USC 407.
(a) ESTABLISHMENT.—There is established in the Treasury of
the United States a fund, to be known as the ‘‘Reclamation Water
Settlements Fund’’, consisting of—
(1) such amounts as are deposited to the Fund under
subsection (b); and
(2) any interest earned on investment of amounts in the
Fund under subsection (d).
(b) DEPOSITS TO FUND.—
(1) IN GENERAL.—For each of fiscal years 2020 through
2029, the Secretary of the Treasury shall deposit in the Fund,
if available, $120,000,000 of the revenues that would otherwise
be deposited for the fiscal year in the fund established by
the first section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093).
(2) AVAILABILITY OF AMOUNTS.—Amounts deposited in the
Fund under paragraph (1) shall be made available pursuant
to this section—
(A) without further appropriation; and
(B) in addition to amounts appropriated pursuant to
any authorization contained in any other provision of law.
(c) EXPENDITURES FROM FUND.—
(1) IN GENERAL.—
(A) EXPENDITURES.—Subject to subparagraph (B), for
each of fiscal years 2020 through 2034, the Secretary may
expend from the Fund an amount not to exceed
$120,000,000, plus the interest accrued in the Fund, for
the fiscal year in which expenditures are made pursuant
to paragraphs (2) and (3).
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Deadlines.
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(B) ADDITIONAL EXPENDITURES.—The Secretary may
expend more than $120,000,000 for any fiscal year if such
amounts are available in the Fund due to expenditures
not reaching $120,000,000 for prior fiscal years.
(2) AUTHORITY.—The Secretary may expend money from
the Fund to implement a settlement agreement approved by
Congress that resolves, in whole or in part, litigation involving
the United States, if the settlement agreement or implementing
legislation requires the Bureau of Reclamation to provide financial assistance for, or plan, design, and construct—
(A) water supply infrastructure; or
(B) a project—
(i) to rehabilitate a water delivery system to conserve water; or
(ii) to restore fish and wildlife habitat or otherwise
improve environmental conditions associated with or
affected by, or located within the same river basin
as, a Federal reclamation project that is in existence
on the date of enactment of this Act.
(3) USE FOR COMPLETION OF PROJECT AND OTHER SETTLEMENTS.—
(A) PRIORITIES.—
(i) FIRST PRIORITY.—
(I) IN GENERAL.—The first priority for expenditure of amounts in the Fund during the entire
period in which the Fund is in existence shall
be for the purposes described in, and in the order
of, clauses (i) through (iv) of subparagraph (B).
(II) RESERVED AMOUNTS.—The Secretary shall
reserve and use amounts deposited into the Fund
in accordance with subclause (I).
(ii) OTHER PURPOSES.—Any amounts in the Fund
that are not needed for the purposes described in
subparagraph (B) may be used for other purposes
authorized in paragraph (2).
(B) COMPLETION OF PROJECT.—
(i) NAVAJO-GALLUP WATER SUPPLY PROJECT.—
(I) IN GENERAL.—Subject to subclause (II),
effective beginning January 1, 2020, if, in the judgment of the Secretary on an annual basis the
deadline described in section 10701(e)(1)(A)(ix) is
unlikely to be met because a sufficient amount
of funding is not otherwise available through
appropriations made available pursuant to section
10609(a), the Secretary shall expend from the
Fund such amounts on an annual basis consistent
with paragraphs (1) and (2), as are necessary to
pay the Federal share of the costs, and substantially complete as expeditiously as practicable, the
construction of the water supply infrastructure
authorized as part of the Project.
(II) MAXIMUM AMOUNT.—
(aa) IN GENERAL.—Except as provided
under item (bb), the amount expended under
subclause (I) shall not exceed $500,000,000
for the period of fiscal years 2020 through
2029.
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(bb) EXCEPTION.—The limitation on the
expenditure amount under item (aa) may be
exceeded during the entire period in which
the Fund is in existence if such additional
funds can be expended without limiting the
amounts identified in clauses (ii) through (iv).
(ii) OTHER NEW MEXICO SETTLEMENTS.—
(I) IN GENERAL.—Subject to subclause (II),
effective beginning January 1, 2020, in addition
to the funding made available under clause (i),
if in the judgment of the Secretary on an annual
basis a sufficient amount of funding is not otherwise available through annual appropriations, the
Secretary shall expend from the Fund such
amounts on an annual basis consistent with paragraphs (1) and (2), as are necessary to pay the
Federal share of the remaining costs of implementing the Indian water rights settlement agreements entered into by the State of New Mexico
in the Aamodt adjudication and the Abeyta adjudication, if such settlements are subsequently
approved and authorized by an Act of Congress
and the implementation period has not already
expired.
(II)
MAXIMUM
AMOUNT.—The
amount
expended under subclause (I) shall not exceed
$250,000,000.
(iii) MONTANA SETTLEMENTS.—
(I) IN GENERAL.—Subject to subclause (II),
effective beginning January 1, 2020, in addition
to funding made available pursuant to clauses (i)
and (ii), if in the judgment of the Secretary on
an annual basis a sufficient amount of funding
is not otherwise available through annual appropriations, the Secretary shall expend from the
Fund such amounts on an annual basis consistent
with paragraphs (1) and (2), as are necessary to
pay the Federal share of the remaining costs of
implementing Indian water rights settlement
agreements entered into by the State of Montana
with the Blackfeet Tribe, the Crow Tribe, or the
Gros Ventre and Assiniboine Tribes of the Fort
Belknap Indian Reservation in the judicial proceeding entitled ‘‘In re the General Adjudication
of All the Rights to Use Surface and Groundwater
in the State of Montana’’, if a settlement or settlements are subsequently approved and authorized
by an Act of Congress and the implementation
period has not already expired.
(II) MAXIMUM AMOUNT.—
(aa) IN GENERAL.—Except as provided
under item (bb), the amount expended under
subclause (I) shall not exceed $350,000,000
for the period of fiscal years 2020 through
2029.
(bb) EXCEPTION.—The limitation on the
expenditure amount under item (aa) may be
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exceeded during the entire period in which
the Fund is in existence if such additional
funds can be expended without limiting the
amounts identified in clause (i), (ii), and (iv).
(cc) OTHER FUNDING.—The Secretary shall
ensure that any funding under this clause
shall be provided in a manner that does not
limit the funding available pursuant to clauses
(i) and (ii).
(iv) ARIZONA SETTLEMENT.—
(I) IN GENERAL.—Subject to subclause (II),
effective beginning January 1, 2020, in addition
to funding made available pursuant to clauses (i),
(ii), and (iii), if in the judgment of the Secretary
on an annual basis a sufficient amount of funding
is not otherwise available through annual appropriations, the Secretary shall expend from the
Fund such amounts on an annual basis consistent
with paragraphs (1) and (2), as are necessary to
pay the Federal share of the remaining costs of
implementing an Indian water rights settlement
agreement entered into by the State of Arizona
with the Navajo Nation to resolve the water rights
claims of the Nation in the Lower Colorado River
basin in Arizona, if a settlement is subsequently
approved and authorized by an Act of Congress
and the implementation period has not already
expired.
(II) MAXIMUM AMOUNT.—
(aa) IN GENERAL.—Except as provided
under item (bb), the amount expended under
subclause (I) shall not exceed $100,000,000
for the period of fiscal years 2020 through
2029.
(bb) EXCEPTION.—The limitation on the
expenditure amount under item (aa) may be
exceeded during the entire period in which
the Fund is in existence if such additional
funds can be expended without limiting the
amounts identified in clauses (i) through (iii).
(cc) OTHER FUNDING.—The Secretary shall
ensure that any funding under this clause
shall be provided in a manner that does not
limit the funding available pursuant to clauses
(i) and (ii).
(C) REVERSION.—If the settlements described in clauses
(ii) through (iv) of subparagraph (B) have not been
approved and authorized by an Act of Congress by
December 31, 2019, the amounts reserved for the settlements shall no longer be reserved by the Secretary pursuant to subparagraph (A)(i) and shall revert to the Fund
for any authorized use, as determined by the Secretary.
(d) INVESTMENT OF AMOUNTS.—
(1) IN GENERAL.—The Secretary shall invest such portion
of the Fund as is not, in the judgment of the Secretary, required
to meet current withdrawals.
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(2) CREDITS TO FUND.—The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to, and form a part of, the Fund.
(e) TRANSFERS OF AMOUNTS.—
(1) IN GENERAL.—The amounts required to be transferred
to the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund
on the basis of estimates made by the Secretary of the Treasury.
(2) ADJUSTMENTS.—Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(f) TERMINATION.—On September 30, 2034—
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund
shall be transferred to the appropriate fund of the Treasury.
PART III—NAVAJO-GALLUP WATER SUPPLY
PROJECT
SEC. 10601. PURPOSES.
The purposes of this part are—
(1) to authorize the Secretary to construct, operate, and
maintain the Navajo-Gallup Water Supply Project;
(2) to allocate the capacity of the Project among the Nation,
the City, and the Jicarilla Apache Nation; and
(3) to authorize the Secretary to enter into Project repayment contracts with the City and the Jicarilla Apache Nation.
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SEC. 10602. AUTHORIZATION OF NAVAJO-GALLUP WATER SUPPLY
PROJECT.
(a) IN GENERAL.—The Secretary, acting through the Commissioner of Reclamation, is authorized to design, construct, operate,
and maintain the Project in substantial accordance with the preferred alternative in the Draft Impact Statement.
(b) PROJECT FACILITIES.—To provide for the delivery of San
Juan River water to Project Participants, the Secretary may construct, operate, and maintain the Project facilities described in
the preferred alternative in the Draft Impact Statement, including:
(1) A pumping plant on the San Juan River in the vicinity
of Kirtland, New Mexico.
(2)(A) A main pipeline from the San Juan River near
Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup,
New Mexico, which follows United States Highway 491.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(3)(A) A main pipeline from Cutter Reservoir to Ojo Encino,
New Mexico, which follows United States Highway 550.
(B) Any pumping plants associated with the pipeline
authorized under subparagraph (A).
(4)(A) Lateral pipelines from the main pipelines to Nation
communities in the States of New Mexico and Arizona.
(B) Any pumping plants associated with the pipelines
authorized under subparagraph (A).
(5) Any water regulation, storage or treatment facility,
service connection to an existing public water supply system,
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Contracts.
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power substation, power distribution works, or other appurtenant works (including a building or access road) that is
related to the Project facilities authorized by paragraphs (1)
through (4), including power transmission facilities and associated wheeling services to connect Project facilities to existing
high-voltage transmission facilities and deliver power to the
Project.
(c) ACQUISITION OF LAND.—
(1) IN GENERAL.—The Secretary is authorized to acquire
any land or interest in land that is necessary to construct,
operate, and maintain the Project facilities authorized under
subsection (b).
(2) LAND OF THE PROJECT PARTICIPANTS.—As a condition
of construction of the facilities authorized under this part,
the Project Participants shall provide all land or interest in
land, as appropriate, that the Secretary identifies as necessary
for acquisition under this subsection at no cost to the Secretary.
(3) LIMITATION.—The Secretary may not condemn water
rights for purposes of the Project.
(d) CONDITIONS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary shall not commence construction of the facilities
authorized under subsection (b) until such time as—
(A) the Secretary executes the Agreement and the Contract;
(B) the contracts authorized under section 10604 are
executed;
(C) the Secretary—
(i) completes an environmental impact statement
for the Project; and
(ii) has issued a record of decision that provides
for a preferred alternative; and
(D) the Secretary has entered into an agreement with
the State of New Mexico under which the State of New
Mexico will provide a share of the construction costs of
the Project of not less than $50,000,000, except that the
State of New Mexico shall receive credit for funds the
State has contributed to construct water conveyance facilities to the Project Participants to the extent that the facilities reduce the cost of the Project as estimated in the
Draft Impact Statement.
(2) EXCEPTION.—If the Jicarilla Apache Nation elects not
to enter into a contract pursuant to section 10604, the Secretary, after consulting with the Nation, the City, and the
State of New Mexico acting through the Interstate Stream
Commission, may make appropriate modifications to the scope
of the Project and proceed with Project construction if all other
conditions for construction have been satisfied.
(3) EFFECT OF INDIAN SELF-DETERMINATION AND EDUCATION
ASSISTANCE ACT.—The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply
to the design, construction, operation, maintenance, or replacement of the Project.
(e) POWER.—The Secretary shall reserve, from existing reservations of Colorado River Storage Project power for Bureau of Reclamation projects, up to 26 megawatts of power for use by the
Project.
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(f) CONVEYANCE OF TITLE TO PROJECT FACILITIES.—
(1) IN GENERAL.—The Secretary is authorized to enter into
separate agreements with the City and the Nation and, on
entering into the agreements, shall convey title to each Project
facility or section of a Project facility authorized under subsection (b) (including any appropriate interests in land) to the
City and the Nation after—
(A) completion of construction of a Project facility or
a section of a Project facility that is operating and delivering water; and
(B) execution of a Project operations agreement
approved by the Secretary and the Project Participants
that sets forth—
(i) any terms and conditions that the Secretary
determines are necessary—
(I) to ensure the continuation of the intended
benefits of the Project; and
(II) to fulfill the purposes of this part;
(ii) requirements acceptable to the Secretary and
the Project Participants for—
(I) the distribution of water under the Project
or section of a Project facility; and
(II) the allocation and payment of annual operation, maintenance, and replacement costs of the
Project or section of a Project facility based on
the proportionate uses of Project facilities; and
(iii) conditions and requirements acceptable to the
Secretary and the Project Participants for operating
and maintaining each Project facility on completion
of the conveyance of title, including the requirement
that the City and the Nation shall—
(I) comply with—
(aa) the Compact; and
(bb) other applicable law; and
(II) be responsible for—
(aa) the operation, maintenance, and
replacement of each Project facility; and
(bb) the accounting and management of
water conveyance and Project finances, as necessary to administer and fulfill the conditions
of the Contract executed under section
10604(a)(2)(B).
(2) EFFECT OF CONVEYANCE.—The conveyance of title to
each Project facility shall not affect the application of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating
to the use of the water associated with the Project.
(3) LIABILITY.—
(A) IN GENERAL.—Effective on the date of the conveyance authorized by this subsection, the United States shall
not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating
to the land, buildings, or facilities conveyed under this
subsection, other than damages caused by acts of negligence
committed by the United States, or by employees or agents
of the United States, prior to the date of conveyance.
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(B) TORT CLAIMS.—Nothing in this section increases
the liability of the United States beyond the liability provided in chapter 171 of title 28, United States Code (commonly known as the ‘‘Federal Tort Claims Act’’).
(4) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45
days before the date of a proposed conveyance of title to any
Project facility, the Secretary shall submit to the Committee
on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate notice
of the conveyance of each Project facility.
(g) COLORADO RIVER STORAGE PROJECT POWER.—The conveyance of Project facilities under subsection (f) shall not affect the
availability of Colorado River Storage Project power to the Project
under subsection (e).
(h) REGIONAL USE OF PROJECT FACILITIES.—
(1) IN GENERAL.—Subject to paragraph (2), Project facilities
constructed under subsection (b) may be used to treat and
convey non-Project water or water that is not allocated by
subsection 10603(b) if—
(A) capacity is available without impairing any water
delivery to a Project Participant; and
(B) the unallocated or non-Project water beneficiary—
(i) has the right to use the water;
(ii) agrees to pay the operation, maintenance, and
replacement costs assignable to the beneficiary for the
use of the Project facilities; and
(iii) agrees to pay an appropriate fee that may
be established by the Secretary to assist in the recovery
of any capital cost allocable to that use.
(2) EFFECT OF PAYMENTS.—Any payments to the United
States or the Nation for the use of unused capacity under
this subsection or for water under any subcontract with the
Nation or the Jicarilla Apache Nation shall not alter the
construction repayment requirements or the operation, maintenance, and replacement payment requirements of the Project
Participants.
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SEC. 10603. DELIVERY AND USE OF NAVAJO-GALLUP WATER SUPPLY
PROJECT WATER.
(a) USE OF PROJECT WATER.—
(1) IN GENERAL.—In accordance with this subtitle and other
applicable law, water supply from the Project shall be used
for municipal, industrial, commercial, domestic, and stock
watering purposes.
(2) USE ON CERTAIN LAND.—
(A) IN GENERAL.—Subject to subparagraph (B), the
Nation may use Project water allocations on—
(i) land held by the United States in trust for
the Nation and members of the Nation; and
(ii) land held in fee by the Nation.
(B) TRANSFER.—The Nation may transfer the purposes
and places of use of the allocated water in accordance
with the Agreement and applicable law.
(3) HYDROELECTRIC POWER.—
(A) IN GENERAL.—Hydroelectric power may be generated as an incident to the delivery of Project water for
authorized purposes under paragraph (1).
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(B) ADMINISTRATION.—Notwithstanding any other
provision of law—
(i) any hydroelectric power generated under this
paragraph shall be used or marketed by the Nation;
(ii) the Nation shall retain any revenues from the
sale of the hydroelectric power; and
(iii) the United States shall have no trust obligation or other obligation to monitor, administer, or
account for the revenues received by the Nation, or
the expenditure of the revenues.
(4) STORAGE.—
(A) IN GENERAL.—Subject to subparagraph (B), any
water contracted for delivery under paragraph (1) that
is not needed for current water demands or uses may
be delivered by the Project for placement in underground
storage in the State of New Mexico for future recovery
and use.
(B) STATE APPROVAL.—Delivery of water under
subparagraph (A) is subject to—
(i) approval by the State of New Mexico under
applicable provisions of State law relating to aquifer
storage and recovery; and
(ii) the provisions of the Agreement and this subtitle.
(b) PROJECT WATER AND CAPACITY ALLOCATIONS.—
(1) DIVERSION.—Subject to availability and consistent with
Federal and State law, the Project may divert from the Navajo
Reservoir and the San Juan River a quantity of water to
be allocated and used consistent with the Agreement and this
subtitle, that does not exceed in any 1 year, the lesser of—
(A) 37,760 acre-feet of water; or
(B) the quantity of water necessary to supply a depletion from the San Juan River of 35,890 acre-feet.
(2) PROJECT DELIVERY CAPACITY ALLOCATIONS.—
(A) IN GENERAL.—The capacity of the Project shall
be allocated to the Project Participants in accordance with
subparagraphs (B) through (E), other provisions of this
subtitle, and other applicable law.
(B) DELIVERY CAPACITY ALLOCATION TO THE CITY.—
The Project may deliver at the point of diversion from
the San Juan River not more than 7,500 acre-feet of water
in any 1 year for which the City has secured rights for
the use of the City.
(C) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION
COMMUNITIES IN NEW MEXICO.—For use by the Nation in
the State of New Mexico, the Project may deliver water
out of the water rights held by the Secretary for the Nation
and confirmed under this subtitle, at the points of diversion
from the San Juan River or at Navajo Reservoir in any
1 year, the lesser of—
(i) 22,650 acre-feet of water; or
(ii) the quantity of water necessary to supply a
depletion from the San Juan River of 20,780 acrefeet of water.
(D) DELIVERY CAPACITY ALLOCATION TO NAVAJO NATION
COMMUNITIES IN ARIZONA.—Subject to subsection (c), the
Project may deliver at the point of diversion from the
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San Juan River not more than 6,411 acre-feet of water
in any 1 year for use by the Nation in the State of Arizona.
(E) DELIVERY CAPACITY ALLOCATION TO JICARILLA
APACHE NATION.—The Project may deliver at Navajo Reservoir not more than 1,200 acre-feet of water in any 1
year of the water rights of the Jicarilla Apache Nation,
held by the Secretary and confirmed by the Jicarilla Apache
Tribe Water Rights Settlement Act (Public Law 102–441;
106 Stat. 2237), for use by the Jicarilla Apache Nation
in the southern portion of the Jicarilla Apache Nation
Reservation in the State of New Mexico.
(3) USE IN EXCESS OF DELIVERY CAPACITY ALLOCATION
QUANTITY.—Notwithstanding each delivery capacity allocation
quantity limit described in subparagraphs (B), (C), and (E)
of paragraph (2), the Secretary may authorize a Project Participant to exceed the delivery capacity allocation quantity limit
of that Project Participant if—
(A) delivery capacity is available without impairing
any water delivery to any other Project Participant; and
(B) the Project Participant benefitting from the
increased allocation of delivery capacity—
(i) has the right under applicable law to use the
additional water;
(ii) agrees to pay the operation, maintenance, and
replacement costs relating to the additional use of any
Project facility; and
(iii) agrees, if the Project title is held by the Secretary, to pay a fee established by the Secretary to
assist in recovering capital costs relating to that additional use.
(c) CONDITIONS FOR USE IN ARIZONA.—
(1) REQUIREMENTS.—Project water shall not be delivered
for use by any community of the Nation located in the State
of Arizona under subsection (b)(2)(D) until—
(A) the Nation and the State of Arizona have entered
into a water rights settlement agreement approved by an
Act of Congress that settles and waives the Nation’s claims
to water in the Lower Basin and the Little Colorado River
Basin in the State of Arizona, including those of the United
States on the Nation’s behalf; and
(B) the Secretary and the Navajo Nation have entered
into a Navajo Reservoir water supply delivery contract
for the physical delivery and diversion of water via the
Project from the San Juan River system to supply uses
in the State of Arizona.
(2) ACCOUNTING OF USES IN ARIZONA.—
(A) IN GENERAL.—Pursuant to paragraph (1) and notwithstanding any other provision of law, water may be
diverted by the Project from the San Juan River in the
State of New Mexico in accordance with an appropriate
permit issued under New Mexico law for use in the State
of Arizona within the Navajo Reservation in the Lower
Basin; provided that any depletion of water that results
from the diversion of water by the Project from the San
Juan River in the State of New Mexico for uses within
the State of Arizona (including depletion incidental to the
diversion, impounding, or conveyance of water in the State
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1385
of New Mexico for uses in the State of Arizona) shall
be administered and accounted for as either—
(i) a part of, and charged against, the available
consumptive use apportionment made to the State of
Arizona by Article III(a) of the Compact and to the
Upper Basin by Article III(a) of the Colorado River
Compact, in which case any water so diverted by the
Project into the Lower Basin for use within the State
of Arizona shall not be credited as water reaching
Lee Ferry pursuant to Article III(c) and III(d) of the
Colorado River Compact; or
(ii) subject to subparagraph (B), a part of, and
charged against, the consumptive use apportionment
made to the Lower Basin by Article III(a) of the Colorado River Compact, in which case it shall—
(I) be a part of the Colorado River water that
is apportioned to the State of Arizona in Article
II(B) of the Consolidated Decree of the Supreme
Court of the United States in Arizona v. California
(547 U.S. 150) (as may be amended or supplemented);
(II) be credited as water reaching Lee Ferry
pursuant to Article III(c) and III(d) of the Colorado
River Compact; and
(III) be accounted as the water identified in
section 104(a)(1)(B)(ii) of the Arizona Water Settlements Act, (118 Stat. 3478).
subparagraph
(B)
LIMITATION.—Notwithstanding
(A)(ii), no water diverted by the Project shall be accounted
for pursuant to subparagraph (A)(ii) until such time that—
(i) the Secretary has developed and, as necessary
and appropriate, modified, in consultation with the
Upper Colorado River Commission and the Governors’
Representatives on Colorado River Operations from
each State signatory to the Colorado River Compact,
all operational and decisional criteria, policies, contracts, guidelines or other documents that control the
operations of the Colorado River System reservoirs and
diversion works, so as to adjust, account for, and offset
the diversion of water apportioned to the State of
Arizona, pursuant to the Boulder Canyon Project Act
(43 U.S.C. 617 et seq.), from a point of diversion on
the San Juan River in New Mexico; provided that
all such modifications shall be consistent with the
provisions of this Section, and the modifications made
pursuant to this clause shall be applicable only for
the duration of any such diversions pursuant to section
10603(c)(2)(A)(ii); and
(ii) Article II(B) of the Decree of the Supreme
Court of the United States in Arizona v. California
(547 U.S. 150 as may be amended or supplemented)
is administered so that diversions from the main
stream for the Central Arizona Project, as served under
existing contracts with the United States by diversion
works heretofore constructed, shall be limited and
reduced to offset any diversions made pursuant to section 10603(c)(2)(A)(ii) of this Act. This clause shall
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Policies.
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Guidelines.
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not affect, in any manner, the amount of water apportioned to Arizona pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617 et seq.), or amend any
provisions of said decree or the Colorado River Basin
Project Act (43 U.S.C. 1501 et. seq.).
(3) UPPER BASIN PROTECTIONS.—
(A) CONSULTATIONS.—Henceforth, in any consultation
pursuant to 16 U.S.C. 1536(a) with respect to water
development in the San Juan River Basin, the Secretary
shall confer with the States of Colorado and New Mexico,
consistent with the provisions of section 5 of the ‘‘Principles
for Conducting Endangered Species Act Section 7 Consultations on Water Development and Water Management
Activities Affecting Endangered Fish Species in the San
Juan River Basin’’ as adopted by the Coordination Committee, San Juan River Basin Recovery Implementation
Program, on June 19, 2001, and as may be amended or
modified.
(B) PRESERVATION OF EXISTING RIGHTS.—Rights to the
consumptive use of water available to the Upper Basin
from the Colorado River System under the Colorado River
Compact and the Compact shall not be reduced or prejudiced by any use of water pursuant to subsection 10603(c).
Nothing in this Act shall be construed so as to impair,
conflict with, or otherwise change the duties and powers
of the Upper Colorado River Commission.
(d) FORBEARANCE.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3), during
any year in which a shortage to the normal diversion requirement for any use relating to the Project within the State
of Arizona occurs (as determined under section 11 of Public
Law 87–483 (76 Stat. 99)), the Nation may temporarily forbear
the delivery of the water supply of the Navajo Reservoir for
uses in the State of New Mexico under the apportionments
of water to the Navajo Indian Irrigation Project and the normal
diversion requirements of the Project to allow an equivalent
quantity of water to be delivered from the Navajo Reservoir
water supply for municipal and domestic uses of the Nation
in the State of Arizona under the Project.
(2) LIMITATION OF FORBEARANCE.—The Nation may forebear the delivery of water under paragraph (1) of a quantity
not exceeding the quantity of the shortage to the normal diversion requirement for any use relating to the Project within
the State of Arizona.
(3) EFFECT.—The forbearance of the delivery of water under
paragraph (1) shall be subject to the requirements in subsection
(c).
(e) EFFECT.—Nothing in this subtitle—
(1) authorizes the marketing, leasing, or transfer of the
water supplies made available to the Nation under the Contract
to non-Navajo water users in States other than the State of
New Mexico; or
(2) authorizes the forbearance of water uses in the State
of New Mexico to allow uses of water in other States other
than as authorized under subsection (d).
(f) COLORADO RIVER COMPACTS.—Notwithstanding any other
provision of law—
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(1) water may be diverted by the Project from the San
Juan River in the State of New Mexico for use within New
Mexico in the lower basin, as that term is used in the Colorado
River Compact;
(2) any water diverted under paragraph (1) shall be a
part of, and charged against, the consumptive use apportionment made to the State of New Mexico by Article III(a) of
the Compact and to the upper basin by Article III(a) of the
Colorado River Compact; and
(3) any water so diverted by the Project into the lower
basin within the State of New Mexico shall not be credited
as water reaching Lee Ferry pursuant to Articles III(c) and
III(d) of the Colorado River Compact.
(g) PAYMENT OF OPERATION, MAINTENANCE, AND REPLACEMENT
COSTS.—
(1) IN GENERAL.—The Secretary is authorized to pay the
operation, maintenance, and replacement costs of the Project
allocable to the Project Participants under section 10604 until
the date on which the Secretary declares any section of the
Project to be substantially complete and delivery of water generated by, and through, that section of the Project can be
made to a Project participant.
(2) PROJECT PARTICIPANT PAYMENTS.—Beginning on the
date described in paragraph (1), each Project Participant shall
pay all allocated operation, maintenance, and replacement costs
for that substantially completed section of the Project, in accordance with contracts entered into pursuant to section 10604,
except as provided in section 10604(f).
(h) NO PRECEDENT.—Nothing in this Act shall be construed
as authorizing or establishing a precedent for any type of transfer
of Colorado River System water between the Upper Basin and
Lower Basin. Nor shall anything in this Act be construed as
expanding the Secretary’s authority in the Upper Basin.
(i) UNIQUE SITUATION.—Diversions by the Project consistent
with this section address critical tribal and non-Indian water supply
needs under unique circumstances, which include, among other
things—
(1) the intent to benefit an American Indian tribe;
(2) the Navajo Nation’s location in both the Upper and
Lower Basin;
(3) the intent to address critical Indian water needs in
the State of Arizona and Indian and non-Indian water needs
in the State of New Mexico,
(4) the location of the Navajo Nation’s capital city of
Window Rock in the State of Arizona in close proximity to
the border of the State of New Mexico and the pipeline route
for the Project;
(5) the lack of other reasonable options available for developing a firm, sustainable supply of municipal water for the
Navajo Nation at Window Rock in the State of Arizona; and
(6) the limited volume of water to be diverted by the
Project to supply municipal uses in the Window Rock area
in the State of Arizona.
(j) CONSENSUS.—Congress notes the consensus of the Governors’
Representatives on Colorado River Operations of the States that
are signatory to the Colorado River Compact regarding the diversions authorized for the Project under this section.
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(k) EFFICIENT USE.—The diversions and uses authorized for
the Project under this Section represent unique and efficient uses
of Colorado River apportionments in a manner that Congress has
determined would be consistent with the obligations of the United
States to the Navajo Nation.
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SEC. 10604. PROJECT CONTRACTS.
(a) NAVAJO NATION CONTRACT.—
(1) HYDROLOGIC DETERMINATION.—Congress recognizes
that the Hydrologic Determination necessary to support
approval of the Contract has been completed.
(2) CONTRACT APPROVAL.—
(A) APPROVAL.—
(i) IN GENERAL.—Except to the extent that any
provision of the Contract conflicts with this subtitle,
Congress approves, ratifies, and confirms the Contract.
(ii) AMENDMENTS.—To the extent any amendment
is executed to make the Contract consistent with this
subtitle, that amendment is authorized, ratified, and
confirmed.
(B) EXECUTION OF CONTRACT.—The Secretary, acting
on behalf of the United States, shall enter into the Contract
to the extent that the Contract does not conflict with this
subtitle (including any amendment that is required to make
the Contract consistent with this subtitle).
(3) NONREIMBURSABILITY OF ALLOCATED COSTS.—The following costs shall be nonreimbursable and not subject to repayment by the Nation or any other Project beneficiary:
(A) Any share of the construction costs of the Nation
relating to the Project authorized by section 10602(a).
(B) Any costs relating to the construction of the Navajo
Indian Irrigation Project that may otherwise be allocable
to the Nation for use of any facility of the Navajo Indian
Irrigation Project to convey water to each Navajo community under the Project.
(C) Any costs relating to the construction of Navajo
Dam that may otherwise be allocable to the Nation for
water deliveries under the Contract.
(4) OPERATION, MAINTENANCE, AND REPLACEMENT OBLIGATION.—Subject to subsection (f), the Contract shall include
provisions under which the Nation shall pay any costs relating
to the operation, maintenance, and replacement of each facility
of the Project that are allocable to the Nation.
(5) LIMITATION, CANCELLATION, TERMINATION, AND RESCISSION.—The Contract may be limited by a term of years, canceled, terminated, or rescinded only by an Act of Congress.
(b) CITY OF GALLUP CONTRACT.—
(1) CONTRACT AUTHORIZATION.—Consistent with this subtitle, the Secretary is authorized to enter into a repayment
contract with the City that requires the City—
(A) to repay, within a 50-year period, the share of
the construction costs of the City relating to the Project,
with interest as provided under section 10305; and
(B) consistent with section 10603(g), to pay the operation, maintenance, and replacement costs of the Project
that are allocable to the City.
(2) CONTRACT PREPAYMENT.—
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(A) IN GENERAL.—The contract authorized under paragraph (1) may allow the City to satisfy the repayment
obligation of the City for construction costs of the Project
on the payment of the share of the City prior to the initiation of construction.
(B) AMOUNT.—The amount of the share of the City
described in subparagraph (A) shall be determined by
agreement between the Secretary and the City.
(C) REPAYMENT OBLIGATION.—Any repayment obligation established by the Secretary and the City pursuant
to subparagraph (A) shall be subject to a final cost allocation by the Secretary on project completion and to the
limitations set forth in paragraph (3).
(3) SHARE OF CONSTRUCTION COSTS.—
(A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall determine the share of the construction costs
of the Project allocable to the City and establish the
percentage of the allocated construction costs that the City
shall be required to repay pursuant to the contract entered
into under paragraph (1), based on the ability of the City
to pay.
(B) MINIMUM PERCENTAGE.—Notwithstanding subparagraph (A), the repayment obligation of the City shall be
at least 25 percent of the construction costs of the Project
that are allocable to the City, but shall in no event exceed
35 percent.
(4) EXCESS CONSTRUCTION COSTS.—Any construction costs
of the Project allocable to the City in excess of the repayment
obligation of the City, as determined under paragraph (3),
shall be nonreimbursable.
(5) GRANT FUNDS.—A grant from any other Federal source
shall not be credited toward the amount required to be repaid
by the City under a repayment contract.
(6) TITLE TRANSFER.—If title is transferred to the City
prior to repayment under section 10602(f), the City shall be
required to provide assurances satisfactory to the Secretary
of fulfillment of the remaining repayment obligation of the
City.
(7) WATER DELIVERY SUBCONTRACT.—The Secretary shall
not enter into a contract under paragraph (1) with the City
until the City has secured a water supply for the City’s portion
of the Project described in section 10603(b)(2)(B), by entering
into, as approved by the Secretary, a water delivery subcontract
for a period of not less than 40 years beginning on the date
on which the construction of any facility of the Project serving
the City is completed, with—
(A) the Nation, as authorized by the Contract;
(B) the Jicarilla Apache Nation, as authorized by the
settlement contract between the United States and the
Jicarilla Apache Tribe, authorized by the Jicarilla Apache
Tribe Water Rights Settlement Act (Public Law 102–441;
106 Stat. 2237); or
(C) an acquired alternate source of water, subject to
approval of the Secretary and the State of New Mexico,
acting through the New Mexico Interstate Stream Commission and the New Mexico State Engineer.
(c) JICARILLA APACHE NATION CONTRACT.—
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Effective date.
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(1) CONTRACT AUTHORIZATION.—Consistent with this subtitle, the Secretary is authorized to enter into a repayment
contract with the Jicarilla Apache Nation that requires the
Jicarilla Apache Nation—
(A) to repay, within a 50-year period, the share of
any construction cost of the Jicarilla Apache Nation
relating to the Project, with interest as provided under
section 10305; and
(B) consistent with section 10603(g), to pay the operation, maintenance, and replacement costs of the Project
that are allocable to the Jicarilla Apache Nation.
(2) CONTRACT PREPAYMENT.—
(A) IN GENERAL.—The contract authorized under paragraph (1) may allow the Jicarilla Apache Nation to satisfy
the repayment obligation of the Jicarilla Apache Nation
for construction costs of the Project on the payment of
the share of the Jicarilla Apache Nation prior to the initiation of construction.
(B) AMOUNT.—The amount of the share of Jicarilla
Apache Nation described in subparagraph (A) shall be
determined by agreement between the Secretary and the
Jicarilla Apache Nation.
(C) REPAYMENT OBLIGATION.—Any repayment obligation established by the Secretary and the Jicarilla Apache
Nation pursuant to subparagraph (A) shall be subject to
a final cost allocation by the Secretary on project completion
and to the limitations set forth in paragraph (3).
(3) SHARE OF CONSTRUCTION COSTS.—
(A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall determine the share of the construction costs
of the Project allocable to the Jicarilla Apache Nation and
establish the percentage of the allocated construction costs
of the Jicarilla Apache Nation that the Jicarilla Apache
Nation shall be required to repay based on the ability
of the Jicarilla Apache Nation to pay.
(B) MINIMUM PERCENTAGE.—Notwithstanding subparagraph (A), the repayment obligation of the Jicarilla Apache
Nation shall be at least 25 percent of the construction
costs of the Project that are allocable to the Jicarilla Apache
Nation, but shall in no event exceed 35 percent.
(4) EXCESS CONSTRUCTION COSTS.—Any construction costs
of the Project allocable to the Jicarilla Apache Nation in excess
of the repayment obligation of the Jicarilla Apache Nation
as determined under paragraph (3), shall be nonreimbursable.
(5) GRANT FUNDS.—A grant from any other Federal source
shall not be credited toward the share of the Jicarilla Apache
Nation of construction costs.
(6) NAVAJO INDIAN IRRIGATION PROJECT COSTS.—The
Jicarilla Apache Nation shall have no obligation to repay any
Navajo Indian Irrigation Project construction costs that might
otherwise be allocable to the Jicarilla Apache Nation for use
of the Navajo Indian Irrigation Project facilities to convey water
to the Jicarilla Apache Nation, and any such costs shall be
nonreimbursable.
(d) CAPITAL COST ALLOCATIONS.—
(1) IN GENERAL.—For purposes of estimating the capital
repayment requirements of the Project Participants under this
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section, the Secretary shall review and, as appropriate, update
the Draft Impact Statement allocating capital construction costs
for the Project.
(2) FINAL COST ALLOCATION.—The repayment contracts
entered into with Project Participants under this section shall
require that the Secretary perform a final cost allocation when
construction of the Project is determined to be substantially
complete.
(3) REPAYMENT OBLIGATION.—The Secretary shall determine the repayment obligation of the Project Participants based
on the final cost allocation identifying reimbursable and nonreimbursable capital costs of the Project consistent with this
subtitle.
(e) OPERATION, MAINTENANCE, AND REPLACEMENT COST
ALLOCATIONS.—For purposes of determining the operation, maintenance, and replacement obligations of the Project Participants under
this section, the Secretary shall review and, as appropriate, update
the Draft Impact Statement that allocates operation, maintenance,
and replacement costs for the Project.
(f) TEMPORARY WAIVERS OF PAYMENTS.—
(1) IN GENERAL.—On the date on which the Secretary
declares a section of the Project to be substantially complete
and delivery of water generated by and through that section
of the Project can be made to the Nation, the Secretary may
waive, for a period of not more than 10 years, the operation,
maintenance, and replacement costs allocable to the Nation
for that section of the Project that the Secretary determines
are in excess of the ability of the Nation to pay.
(2) SUBSEQUENT PAYMENT BY NATION.—After a waiver
under paragraph (1), the Nation shall pay all allocated operation, maintenance, and replacement costs of that section of
the Project.
(3) PAYMENT BY UNITED STATES.—Any operation, maintenance, or replacement costs waived by the Secretary under
paragraph (1) shall be paid by the United States and shall
be nonreimbursable.
(4) EFFECT ON CONTRACTS.—Failure of the Secretary to
waive costs under paragraph (1) because of a lack of availability
of Federal funding to pay the costs under paragraph (3) shall
not alter the obligations of the Nation or the United States
under a repayment contract.
(5) TERMINATION OF AUTHORITY.—The authority of the Secretary to waive costs under paragraph (1) with respect to a
Project facility transferred to the Nation under section 10602(f)
shall terminate on the date on which the Project facility is
transferred.
(g) PROJECT CONSTRUCTION COMMITTEE.—The Secretary shall
facilitate the formation of a project construction committee with
the Project Participants and the State of New Mexico—
(1) to review cost factors and budgets for construction and
operation and maintenance activities;
(2) to improve construction management through enhanced
communication; and
(3) to seek additional ways to reduce overall Project costs.
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Establishment.
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SEC. 10605. NAVAJO NATION MUNICIPAL PIPELINE.
Effective date.
Deadline.
(a) USE OF NAVAJO NATION PIPELINE.—In addition to use of
the Navajo Nation Municipal Pipeline to convey the Animas-La
Plata Project water of the Nation, the Nation may use the Navajo
Nation Municipal Pipeline to convey non-Animas La Plata Project
water for municipal and industrial purposes.
(b) CONVEYANCE OF TITLE TO PIPELINE.—
(1) IN GENERAL.—On completion of the Navajo Nation
Municipal Pipeline, the Secretary may enter into separate
agreements with the City of Farmington, New Mexico and
the Nation to convey title to each portion of the Navajo Nation
Municipal Pipeline facility or section of the Pipeline to the
City of Farmington and the Nation after execution of a Project
operations agreement approved by the Secretary, the Nation,
and the City of Farmington that sets forth any terms and
conditions that the Secretary determines are necessary.
(2) CONVEYANCE TO THE CITY OF FARMINGTON OR NAVAJO
NATION.—In conveying title to the Navajo Nation Municipal
Pipeline under this subsection, the Secretary shall convey—
(A) to the City of Farmington, the facilities and any
land or interest in land acquired by the United States
for the construction, operation, and maintenance of the
Pipeline that are located within the corporate boundaries
of the City; and
(B) to the Nation, the facilities and any land or
interests in land acquired by the United States for the
construction, operation, and maintenance of the Pipeline
that are located outside the corporate boundaries of the
City of Farmington.
(3) EFFECT OF CONVEYANCE.—The conveyance of title to
the Pipeline shall not affect the application of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the
use of water associated with the Animas-La Plata Project.
(4) LIABILITY.—
(A) IN GENERAL.—Effective on the date of the conveyance authorized by this subsection, the United States shall
not be held liable by any court for damages of any kind
arising out of any act, omission, or occurrence relating
to the land, buildings, or facilities conveyed under this
subsection, other than damages caused by acts of negligence
committed by the United States or by employees or agents
of the United States prior to the date of conveyance.
(B) TORT CLAIMS.—Nothing in this subsection increases
the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code
(commonly known as the ‘‘Federal Tort Claims Act’’).
(5) NOTICE OF PROPOSED CONVEYANCE.—Not later than 45
days before the date of a proposed conveyance of title to the
Pipeline, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, notice
of the conveyance of the Pipeline.
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SEC. 10606. AUTHORIZATION OF CONJUNCTIVE USE WELLS.
Deadline.
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(a) CONJUNCTIVE GROUNDWATER DEVELOPMENT PLAN.—Not
later than 1 year after the date of enactment of this Act, the
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Nation, in consultation with the Secretary, shall complete a conjunctive groundwater development plan for the wells described in subsections (b) and (c).
(b) WELLS IN THE SAN JUAN RIVER BASIN.—In accordance with
the conjunctive groundwater development plan, the Secretary may
construct or rehabilitate wells and related pipeline facilities to
provide capacity for the diversion and distribution of not more
than 1,670 acre-feet of groundwater in the San Juan River Basin
in the State of New Mexico for municipal and domestic uses.
(c) WELLS IN THE LITTLE COLORADO AND RIO GRANDE BASINS.—
(1) IN GENERAL.—In accordance with the Project and
conjunctive groundwater development plan for the Nation, the
Secretary may construct or rehabilitate wells and related pipeline facilities to provide capacity for the diversion and distribution of—
(A) not more than 680 acre-feet of groundwater in
the Little Colorado River Basin in the State of New Mexico;
(B) not more than 80 acre-feet of groundwater in the
Rio Grande Basin in the State of New Mexico; and
(C) not more than 770 acre-feet of groundwater in
the Little Colorado River Basin in the State of Arizona.
(2) USE.—Groundwater diverted and distributed under
paragraph (1) shall be used for municipal and domestic uses.
(d) ACQUISITION OF LAND.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary may acquire any land or interest in land that is
necessary for the construction, operation, and maintenance of
the wells and related pipeline facilities authorized under subsections (b) and (c).
(2) LIMITATION.—Nothing in this subsection authorizes the
Secretary to condemn water rights for the purposes described
in paragraph (1).
(e) CONDITION.—The Secretary shall not commence any
construction activity relating to the wells described in subsections
(b) and (c) until the Secretary executes the Agreement.
(f) CONVEYANCE OF WELLS.—
(1) IN GENERAL.—On the determination of the Secretary
that the wells and related facilities are substantially complete
and delivery of water generated by the wells can be made
to the Nation, an agreement with the Nation shall be entered
into, to convey to the Nation title to—
(A) any well or related pipeline facility constructed
or rehabilitated under subsections (a) and (b) after the
wells and related facilities have been completed; and
(B) any land or interest in land acquired by the United
States for the construction, operation, and maintenance
of the well or related pipeline facility.
(2) OPERATION, MAINTENANCE, AND REPLACEMENT.—
(A) IN GENERAL.—The Secretary is authorized to pay
operation and maintenance costs for the wells and related
pipeline facilities authorized under this subsection until
title to the facilities is conveyed to the Nation.
(B) SUBSEQUENT ASSUMPTION BY NATION.—On completion of a conveyance of title under paragraph (1), the Nation
shall assume all responsibility for the operation and
maintenance of the well or related pipeline facility conveyed.
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PUBLIC LAW 111–11—MAR. 30, 2009
(3) EFFECT OF CONVEYANCE.—The conveyance of title to
the Nation of the conjunctive use wells under paragraph (1)
shall not affect the application of the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).
(g) USE OF PROJECT FACILITIES.—The capacities of the treatment facilities, main pipelines, and lateral pipelines of the Project
authorized by section 10602(b) may be used to treat and convey
groundwater to Nation communities if the Nation provides for payment of the operation, maintenance, and replacement costs associated with the use of the facilities or pipelines.
(h) LIMITATIONS.—The diversion and use of groundwater by
wells constructed or rehabilitated under this section shall be made
in a manner consistent with applicable Federal and State law.
SEC. 10607. SAN JUAN RIVER NAVAJO IRRIGATION PROJECTS.
(a) REHABILITATION.—Subject to subsection (b), the Secretary
shall rehabilitate—
(1) the Fruitland-Cambridge Irrigation Project to serve not
more than 3,335 acres of land, which shall be considered to
be the total serviceable area of the project; and
(2) the Hogback-Cudei Irrigation Project to serve not more
than 8,830 acres of land, which shall be considered to be the
total serviceable area of the project.
(b) CONDITION.—The Secretary shall not commence any
construction activity relating to the rehabilitation of the FruitlandCambridge Irrigation Project or the Hogback-Cudei Irrigation
Project under subsection (a) until the Secretary executes the Agreement.
(c) OPERATION, MAINTENANCE, AND REPLACEMENT OBLIGATION.—The Nation shall continue to be responsible for the operation,
maintenance, and replacement of each facility rehabilitated under
this section.
SEC. 10608. OTHER IRRIGATION PROJECTS.
Deadline.
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(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the State
of New Mexico (acting through the Interstate Stream Commission)
and the Non-Navajo Irrigation Districts that elect to participate,
shall—
(1) conduct a study of Non-Navajo Irrigation District diversion and ditch facilities; and
(2) based on the study, identify and prioritize a list of
projects, with associated cost estimates, that are recommended
to be implemented to repair, rehabilitate, or reconstruct irrigation diversion and ditch facilities to improve water use efficiency.
(b) GRANTS.—The Secretary may provide grants to, and enter
into cooperative agreements with, the Non-Navajo Irrigation Districts to plan, design, or otherwise implement the projects identified
under subsection (a)(2).
(c) COST-SHARING.—
(1) FEDERAL SHARE.—The Federal share of the total cost
of carrying out a project under subsection (b) shall be not
more than 50 percent, and shall be nonreimbursable.
(2) FORM.—The non-Federal share required under paragraph (1) may be in the form of in-kind contributions, including
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the contribution of any valuable asset or service that the Secretary determines would substantially contribute to a project
carried out under subsection (b).
(3) STATE CONTRIBUTION.—The Secretary may accept from
the State of New Mexico a partial or total contribution toward
the non-Federal share for a project carried out under subsection
(b).
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SEC. 10609. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS FOR NAVAJO-GALLUP
WATER SUPPLY PROJECT.—
(1) IN GENERAL.—There is authorized to be appropriated
to the Secretary to plan, design, and construct the Project
$870,000,000 for the period of fiscal years 2009 through 2024,
to remain available until expended.
(2) ADJUSTMENTS.—The amount under paragraph (1) shall
be adjusted by such amounts as may be required by reason
of changes since 2007 in construction costs, as indicated by
engineering cost indices applicable to the types of construction
involved.
(3) USE.—In addition to the uses authorized under paragraph (1), amounts made available under that paragraph may
be used for the conduct of related activities to comply with
Federal environmental laws.
(4) OPERATION AND MAINTENANCE.—
(A) IN GENERAL.—There are authorized to be appropriated such sums as are necessary to operate and maintain
the Project consistent with this subtitle.
(B) EXPIRATION.—The authorization under subparagraph (A) shall expire 10 years after the year the Secretary
declares the Project to be substantially complete.
(b) APPROPRIATIONS FOR CONJUNCTIVE USE WELLS.—
(1) SAN JUAN WELLS.—There is authorized to be appropriated to the Secretary for the construction or rehabilitation
and operation and maintenance of conjunctive use wells under
section 10606(b) $30,000,000, as adjusted under paragraph (3),
for the period of fiscal years 2009 through 2019.
(2) WELLS IN THE LITTLE COLORADO AND RIO GRANDE
BASINS.—There are authorized to be appropriated to the Secretary for the construction or rehabilitation and operation and
maintenance of conjunctive use wells under section 10606(c)
such sums as are necessary for the period of fiscal years 2009
through 2024.
(3) ADJUSTMENTS.—The amount under paragraph (1) shall
be adjusted by such amounts as may be required by reason
of changes since 2008 in construction costs, as indicated by
engineering cost indices applicable to the types of construction
or rehabilitation involved.
(4) NONREIMBURSABLE EXPENDITURES.—Amounts made
available under paragraphs (1) and (2) shall be nonreimbursable to the United States.
(5) USE.—In addition to the uses authorized under paragraphs (1) and (2), amounts made available under that paragraph may be used for the conduct of related activities to
comply with Federal environmental laws.
(6) LIMITATION.—Appropriations authorized under paragraph (1) shall not be used for operation or maintenance of
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any conjunctive use wells at a time in excess of 3 years after
the well is declared substantially complete.
(c) SAN JUAN RIVER IRRIGATION PROJECTS.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Secretary—
(A) to carry out section 10607(a)(1), not more than
$7,700,000, as adjusted under paragraph (2), for the period
of fiscal years 2009 through 2016, to remain available
until expended; and
(B) to carry out section 10607(a)(2), not more than
$15,400,000, as adjusted under paragraph (2), for the period
of fiscal years 2009 through 2019, to remain available
until expended.
(2) ADJUSTMENT.—The amounts made available under
paragraph (1) shall be adjusted by such amounts as may be
required by reason of changes since January 1, 2004, in
construction costs, as indicated by engineering cost indices
applicable to the types of construction involved in the rehabilitation.
(3) NONREIMBURSABLE EXPENDITURES.—Amounts made
available under this subsection shall be nonreimbursable to
the United States.
(d) OTHER IRRIGATION PROJECTS.—There are authorized to be
appropriated to the Secretary to carry out section 10608 $11,000,000
for the period of fiscal years 2009 through 2019.
(e) CULTURAL RESOURCES.—
(1) IN GENERAL.—The Secretary may use not more than
2 percent of amounts made available under subsections (a),
(b), and (c) for the survey, recovery, protection, preservation,
and display of archaeological resources in the area of a Project
facility or conjunctive use well.
(2) NONREIMBURSABLE EXPENDITURES.—Any amounts made
available under paragraph (1) shall be nonreimbursable.
(f) FISH AND WILDLIFE FACILITIES.—
(1) IN GENERAL.—In association with the development of
the Project, the Secretary may use not more than 4 percent
of amounts made available under subsections (a), (b), and (c)
to purchase land and construct and maintain facilities to mitigate the loss of, and improve conditions for the propagation
of, fish and wildlife if any such purchase, construction, or
maintenance will not affect the operation of any water project
or use of water.
(2) NONREIMBURSABLE EXPENDITURES.—Any amounts
expended under paragraph (1) shall be nonreimbursable.
PART IV—NAVAJO NATION WATER RIGHTS
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43 USC 620 note.
SEC. 10701. AGREEMENT.
(a) AGREEMENT APPROVAL.—
(1) APPROVAL BY CONGRESS.—Except to the extent that
any provision of the Agreement conflicts with this subtitle,
Congress approves, ratifies, and confirms the Agreement
(including any amendments to the Agreement that are executed
to make the Agreement consistent with this subtitle).
(2) EXECUTION BY SECRETARY.—The Secretary shall enter
into the Agreement to the extent that the Agreement does
not conflict with this subtitle, including—
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(A) any exhibits to the Agreement requiring the signature of the Secretary; and
(B) any amendments to the Agreement necessary to
make the Agreement consistent with this subtitle.
(3) AUTHORITY OF SECRETARY.—The Secretary may carry
out any action that the Secretary determines is necessary or
appropriate to implement the Agreement, the Contract, and
this section.
(4) ADMINISTRATION OF NAVAJO RESERVOIR RELEASES.—The
State of New Mexico may administer water that has been
released from storage in Navajo Reservoir in accordance with
subparagraph 9.1 of the Agreement.
(b) WATER AVAILABLE UNDER CONTRACT.—
(1) QUANTITIES OF WATER AVAILABLE.—
(A) IN GENERAL.—Water shall be made available
annually under the Contract for projects in the State of
New Mexico supplied from the Navajo Reservoir and the
San Juan River (including tributaries of the River) under
New Mexico State Engineer File Numbers 2849, 2883, and
3215 in the quantities described in subparagraph (B).
(B) WATER QUANTITIES.—The quantities of water
referred to in subparagraph (A) are as follows:
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Navajo Indian Irrigation Project
Navajo-Gallup Water Supply Project
Animas-La Plata Project
Total
Diversion
(acrefeet/
year)
Depletion
(acrefeet/
year)
508,000
22,650
4,680
535,330
270,000
20,780
2,340
293,120
(C) MAXIMUM QUANTITY.—A diversion of water to the
Nation under the Contract for a project described in
subparagraph (B) shall not exceed the quantity of water
necessary to supply the amount of depletion for the project.
(D) TERMS, CONDITIONS, AND LIMITATIONS.—The diversion and use of water under the Contract shall be subject
to and consistent with the terms, conditions, and limitations of the Agreement, this subtitle, and any other
applicable law.
(2) AMENDMENTS TO CONTRACT.—The Secretary, with the
consent of the Nation, may amend the Contract if the Secretary
determines that the amendment is—
(A) consistent with the Agreement; and
(B) in the interest of conserving water or facilitating
beneficial use by the Nation or a subcontractor of the
Nation.
(3) RIGHTS OF THE NATION.—The Nation may, under the
Contract—
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(A) use tail water, wastewater, and return flows attributable to a use of the water by the Nation or a subcontractor of the Nation if—
(i) the depletion of water does not exceed the quantities described in paragraph (1); and
(ii) the use of tail water, wastewater, or return
flows is consistent with the terms, conditions, and
limitations of the Agreement, and any other applicable
law; and
(B) change a point of diversion, change a purpose or
place of use, and transfer a right for depletion under this
subtitle (except for a point of diversion, purpose or place
of use, or right for depletion for use in the State of Arizona
under section 10603(b)(2)(D)), to another use, purpose,
place, or depletion in the State of New Mexico to meet
a water resource or economic need of the Nation if—
(i) the change or transfer is subject to and consistent with the terms of the Agreement, the Partial
Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; and
(ii) a change or transfer of water use by the Nation
does not alter any obligation of the United States,
the Nation, or another party to pay or repay project
construction, operation, maintenance, or replacement
costs under this subtitle and the Contract.
(c) SUBCONTRACTS.—
(1) IN GENERAL.—
(A) SUBCONTRACTS BETWEEN NATION AND THIRD PARTIES.—The Nation may enter into subcontracts for the
delivery of Project water under the Contract to third parties
for any beneficial use in the State of New Mexico (on
or off land held by the United States in trust for the
Nation or a member of the Nation or land held in fee
by the Nation).
(B) APPROVAL REQUIRED.—A subcontract entered into
under subparagraph (A) shall not be effective until
approved by the Secretary in accordance with this subsection and the Contract.
(C) SUBMITTAL.—The Nation shall submit to the Secretary for approval or disapproval any subcontract entered
into under this subsection.
(D) DEADLINE.—The Secretary shall approve or disapprove a subcontract submitted to the Secretary under
subparagraph (C) not later than the later of—
(i) the date that is 180 days after the date on
which the subcontract is submitted to the Secretary;
and
(ii) the date that is 60 days after the date on
which a subcontractor complies with—
(I) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C));
and
(II) any other requirement of Federal law.
(E) ENFORCEMENT.—A party to a subcontract may
enforce the deadline described in subparagraph (D) under
section 1361 of title 28, United States Code.
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Arizona.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1399
(F) COMPLIANCE WITH OTHER LAW.—A subcontract
described in subparagraph (A) shall comply with the Agreement, the Partial Final Decree described in paragraph
3.0 of the Agreement, and any other applicable law.
(G) NO LIABILITY.—The Secretary shall not be liable
to any party, including the Nation, for any term of, or
any loss or other detriment resulting from, a lease, contract,
or other agreement entered into pursuant to this subsection.
(2) ALIENATION.—
(A) PERMANENT ALIENATION.—The Nation shall not
permanently alienate any right granted to the Nation under
the Contract.
(B) MAXIMUM TERM.—The term of any water use subcontract (including a renewal) under this subsection shall
be not more than 99 years.
(3) NONINTERCOURSE ACT COMPLIANCE.—This subsection—
(A) provides congressional authorization for the subcontracting rights of the Nation; and
(B) is deemed to fulfill any requirement that may be
imposed by section 2116 of the Revised Statutes (25 U.S.C.
177).
(4) FORFEITURE.—The nonuse of the water supply secured
by a subcontractor of the Nation under this subsection shall
not result in forfeiture, abandonment, relinquishment, or other
loss of any part of a right decreed to the Nation under the
Contract or this section.
(5) NO PER CAPITA PAYMENTS.—No part of the revenue
from a water use subcontract under this subsection shall be
distributed to any member of the Nation on a per capita basis.
(d) WATER LEASES NOT REQUIRING SUBCONTRACTS.—
(1) AUTHORITY OF NATION.—
(A) IN GENERAL.—The Nation may lease, contract, or
otherwise transfer to another party or to another purpose
or place of use in the State of New Mexico (on or off
land that is held by the United States in trust for the
Nation or a member of the Nation or held in fee by the
Nation) a water right that—
(i) is decreed to the Nation under the Agreement;
and
(ii) is not subject to the Contract.
(B) COMPLIANCE WITH OTHER LAW.—In carrying out
an action under this subsection, the Nation shall comply
with the Agreement, the Partial Final Decree described
in paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in paragraph 4.0 of the Agreement, and any other applicable law.
(2) ALIENATION; MAXIMUM TERM.—
(A) ALIENATION.—The Nation shall not permanently
alienate any right granted to the Nation under the Agreement.
(B) MAXIMUM TERM.—The term of any water use lease,
contract, or other arrangement (including a renewal) under
this subsection shall be not more than 99 years.
(3) NO LIABILITY.—The Secretary shall not be liable to
any party, including the Nation, for any term of, or any loss
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or other detriment resulting from, a lease, contract, or other
agreement entered into pursuant to this subsection.
(4) NONINTERCOURSE ACT COMPLIANCE.—This subsection—
(A) provides congressional authorization for the lease,
contracting, and transfer of any water right described in
paragraph (1)(A); and
(B) is deemed to fulfill any requirement that may be
imposed by the provisions of section 2116 of the Revised
Statutes (25 U.S.C. 177).
(5) FORFEITURE.—The nonuse of a water right of the Nation
by a lessee or contractor to the Nation under this subsection
shall not result in forfeiture, abandonment, relinquishment,
or other loss of any part of a right decreed to the Nation
under the Contract or this section.
(e) NULLIFICATION.—
(1) DEADLINES.—
(A) IN GENERAL.—In carrying out this section, the following deadlines apply with respect to implementation of
the Agreement:
(i) AGREEMENT.—Not later than December 31,
2010, the Secretary shall execute the Agreement.
(ii) CONTRACT.—Not later than December 31, 2010,
the Secretary and the Nation shall execute the Contract.
(iii) PARTIAL FINAL DECREE.—Not later than
December 31, 2013, the court in the stream adjudication shall have entered the Partial Final Decree
described in paragraph 3.0 of the Agreement.
(iv) FRUITLAND-CAMBRIDGE IRRIGATION PROJECT.—
Not later than December 31, 2016, the rehabilitation
construction of the Fruitland-Cambridge Irrigation
Project authorized under section 10607(a)(1) shall be
completed.
(v) SUPPLEMENTAL PARTIAL FINAL DECREE.—Not
later than December 31, 2016, the court in the stream
adjudication shall enter the Supplemental Partial Final
Decree described in subparagraph 4.0 of the Agreement.
(vi) HOGBACK-CUDEI IRRIGATION PROJECT.—Not
later than December 31, 2019, the rehabilitation
construction of the Hogback-Cudei Irrigation Project
authorized under section 10607(a)(2) shall be completed.
(vii) TRUST FUND.—Not later than December 31,
2019, the United States shall make all deposits into
the Trust Fund under section 10702.
(viii) CONJUNCTIVE WELLS.—Not later than
December 31, 2019, the funds authorized to be appropriated under section 10609(b)(1) for the conjunctive
use wells authorized under section 10606(b) should
be appropriated.
(ix) NAVAJO-GALLUP WATER SUPPLY PROJECT.—Not
later than December 31, 2024, the construction of all
Project facilities shall be completed.
(B) EXTENSION.—A deadline described in subparagraph
(A) may be extended if the Nation, the United States (acting
through the Secretary), and the State of New Mexico (acting
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123 STAT. 1401
through the New Mexico Interstate Stream Commission)
agree that an extension is reasonably necessary.
(2) REVOCABILITY OF AGREEMENT, CONTRACT AND
AUTHORIZATIONS.—
(A) PETITION.—If the Nation determines that a deadline described in paragraph (1)(A) is not substantially met,
the Nation may submit to the court in the stream adjudication a petition to enter an order terminating the Agreement
and Contract.
(B) TERMINATION.—On issuance of an order to terminate the Agreement and Contract under subparagraph
(A)—
(i) the Trust Fund shall be terminated;
(ii) the balance of the Trust Fund shall be deposited in the general fund of the Treasury;
(iii) the authorizations for construction and
rehabilitation of water projects under this subtitle shall
be revoked and any Federal activity related to that
construction and rehabilitation shall be suspended; and
(iv) this part and parts I and III shall be null
and void.
(3) CONDITIONS NOT CAUSING NULLIFICATION OF SETTLEMENT.—
(A) IN GENERAL.—If a condition described in subparagraph (B) occurs, the Agreement and Contract shall not
be nullified or terminated.
(B) CONDITIONS.—The conditions referred to in
subparagraph (A) are as follows:
(i) A lack of right to divert at the capacities of
conjunctive use wells constructed or rehabilitated
under section 10606.
(ii) A failure—
(I) to determine or resolve an accounting of
the use of water under this subtitle in the State
of Arizona;
(II) to obtain a necessary water right for the
consumptive use of water in Arizona;
(III) to contract for the delivery of water for
use in Arizona; or
(IV) to construct and operate a lateral facility
to deliver water to a community of the Nation
in Arizona, under the Project.
(f) EFFECT ON RIGHTS OF INDIAN TRIBES.—
(1) IN GENERAL.—Except as provided in paragraph (2),
nothing in the Agreement, the Contract, or this section quantifies or adversely affects the land and water rights, or claims
or entitlements to water, of any Indian tribe or community
other than the rights, claims, or entitlements of the Nation
in, to, and from the San Juan River Basin in the State of
New Mexico.
(2) EXCEPTION.—The right of the Nation to use water under
water rights the Nation has in other river basins in the State
of New Mexico shall be forborne to the extent that the Nation
supplies the uses for which the water rights exist by diversions
of water from the San Juan River Basin under the Project
consistent with subparagraph 9.13 of the Agreement.
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SEC. 10702. TRUST FUND.
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(a) ESTABLISHMENT.—There is established in the Treasury a
fund to be known as the ‘‘Navajo Nation Water Resources Development Trust Fund’’, consisting of—
(1) such amounts as are appropriated to the Trust Fund
under subsection (f); and
(2) any interest earned on investment of amounts in the
Trust Fund under subsection (d).
(b) USE OF FUNDS.—The Nation may use amounts in the Trust
Fund—
(1) to investigate, construct, operate, maintain, or replace
water project facilities, including facilities conveyed to the
Nation under this subtitle and facilities owned by the United
States for which the Nation is responsible for operation, maintenance, and replacement costs; and
(2) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the
Nation under the Agreement.
(c) MANAGEMENT.—The Secretary shall manage the Trust Fund,
invest amounts in the Trust Fund pursuant to subsection (d), and
make amounts available from the Trust Fund for distribution to
the Nation in accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(d) INVESTMENT OF THE TRUST FUND.—Beginning on October
1, 2019, the Secretary shall invest amounts in the Trust Fund
in accordance with—
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25 U.S.C.
162a); and
(3) the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.).
(e) CONDITIONS FOR EXPENDITURES AND WITHDRAWALS.—
(1) TRIBAL MANAGEMENT PLAN.—
(A) IN GENERAL.—Subject to paragraph (7), on approval
by the Secretary of a tribal management plan in accordance
with the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Nation may
withdraw all or a portion of the amounts in the Trust
Fund.
(B) REQUIREMENTS.—In addition to any requirements
under the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan shall require that the Nation only use
amounts in the Trust Fund for the purposes described
in subsection (b), including the identification of water conservation measures to be implemented in association with
the agricultural water use of the Nation.
(2) ENFORCEMENT.—The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any amounts withdrawn from
the Trust Fund are used in accordance with this subtitle.
(3) NO LIABILITY.—Neither the Secretary nor the Secretary
of the Treasury shall be liable for the expenditure or investment
of any amounts withdrawn from the Trust Fund by the Nation.
(4) EXPENDITURE PLAN.—
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(A) IN GENERAL.—The Nation shall submit to the Secretary for approval an expenditure plan for any portion
of the amounts in the Trust Fund made available under
this section that the Nation does not withdraw under this
subsection.
(B) DESCRIPTION.—The expenditure plan shall describe
the manner in which, and the purposes for which, funds
of the Nation remaining in the Trust Fund will be used.
(C) APPROVAL.—On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is reasonable
and consistent with this subtitle.
(5) ANNUAL REPORT.—The Nation shall submit to the Secretary an annual report that describes any expenditures from
the Trust Fund during the year covered by the report.
(6) LIMITATION.—No portion of the amounts in the Trust
Fund shall be distributed to any Nation member on a per
capita basis.
(7) CONDITIONS.—Any amount authorized to be appropriated to the Trust Fund under subsection (f) shall not be
available for expenditure or withdrawal—
(A) before December 31, 2019; and
(B) until the date on which the court in the stream
adjudication has entered—
(i) the Partial Final Decree; and
(ii) the Supplemental Partial Final Decree.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for deposit in the Trust Fund—
(1) $6,000,000 for each of fiscal years 2010 through 2014;
and
(2) $4,000,000 for each of fiscal years 2015 through 2019.
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SEC. 10703. WAIVERS AND RELEASES.
(a) CLAIMS BY THE NATION AND THE UNITED STATES.—In return
for recognition of the Nation’s water rights and other benefits,
including but not limited to the commitments by other parties,
as set forth in the Agreement and this subtitle, the Nation, on
behalf of itself and members of the Nation (other than members
in the capacity of the members as allottees), and the United States
acting in its capacity as trustee for the Nation, shall execute a
waiver and release of—
(1) all claims for water rights in, or for waters of, the
San Juan River Basin in the State of New Mexico that the
Nation, or the United States as trustee for the Nation, asserted,
or could have asserted, in any proceeding, including but not
limited to the stream adjudication, up to and including the
effective date described in subsection (e), except to the extent
that such rights are recognized in the Agreement or this subtitle;
(2) all claims for damages, losses, or injuries to water
rights or claims of interference with, diversion, or taking of
water (including but not limited to claims for injury to lands
resulting from such damages, losses, injuries, interference with,
diversion, or taking) in the San Juan River Basin in the State
of New Mexico that accrued at any time up to and including
the effective date described in subsection (e);
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123 STAT. 1404
PUBLIC LAW 111–11—MAR. 30, 2009
(3) all claims of any damage, loss, or injury or for injunctive
or other relief because of the condition of or changes in water
quality related to, or arising out of, the exercise of water
rights; and
(4) all claims against the State of New Mexico, its agencies,
or employees relating to the negotiation or the adoption of
the Agreement.
(b) CLAIMS BY THE NATION AGAINST THE UNITED STATES.—
The Nation, on behalf of itself and its members (other than in
the capacity of the members as allottees), shall execute a waiver
and release of—
(1) all claims against the United States, its agencies, or
employees relating to claims for water rights in or waters
of the San Juan River Basin in the State of New Mexico
that the United States, acting in its capacity as trustee for
the Nation, asserted, or could have asserted, in any proceeding,
including but not limited to the stream adjudication;
(2) all claims against the United States, its agencies, or
employees relating to damages, losses, or injuries to water,
water rights, land, or natural resources due to loss of water
or water rights (including but not limited to damages, losses,
or injuries to hunting, fishing, gathering, or cultural rights
due to loss of water or water rights; claims relating to inference
with, diversion, or taking of water or water rights; or claims
relating to failure to protect, acquire, replace, or develop water
or water rights) in the San Juan River Basin in the State
of New Mexico that first accrued at any time up to and including
the effective date described in subsection (e);
(3) all claims against the United States, its agencies, or
employees relating to the pending litigation of claims relating
to the Nation’s water rights in the stream adjudication; and
(4) all claims against the United States, its agencies, or
employees relating to the negotiation, execution, or the adoption
of the Agreement, the decrees, the Contract, or this subtitle.
(c) RESERVATION OF CLAIMS.—Notwithstanding the waivers and
releases authorized in this subtitle, the Nation on behalf of itself
and its members (including members in the capacity of the members
as allottees) and the United States acting in its capacity as trustee
for the Nation and allottees, retain—
(1) all claims for water rights or injuries to water rights
arising out of activities occurring outside the San Juan River
Basin in the State of New Mexico, subject to paragraphs 8.0,
9.3, 9.12, 9.13, and 13.9 of the Agreement;
(2) all claims for enforcement of the Agreement, the Contract, the Partial Final Decree, the Supplemental Partial Final
Decree, or this subtitle, through any legal and equitable remedies available in any court of competent jurisdiction;
(3) all rights to use and protect water rights acquired
pursuant to State law after the date of enactment of this
Act;
(4) all claims relating to activities affecting the quality
of water not related to the exercise of water rights, including
but not limited to any claims the Nation might have under—
(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.);
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(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(C) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(5) all claims relating to damages, losses, or injuries to
land or natural resources not due to loss of water or water
rights; and
(6) all rights, remedies, privileges, immunities, and powers
not specifically waived and released under the terms of the
Agreement or this subtitle.
(d) TOLLING OF CLAIMS.—
(1) IN GENERAL.—Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the earlier of—
(A) March 1, 2025; or
(B) the effective date described in subsection (e).
(2) EFFECT OF SUBSECTION.—Nothing in this subsection
revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of enactment of this Act.
(3) LIMITATION.—Nothing in this section precludes the
tolling of any period of limitations or any time-based equitable
defense under any other applicable law.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—The waivers and releases described in
subsections (a) and (b) shall be effective on the date on which
the Secretary publishes in the Federal Register a statement
of findings documenting that each of the deadlines described
in section 10701(e)(1) have been met.
(2) DEADLINE.—If the deadlines described in section
10701(e)(1)(A) have not been met by the later of March 1,
2025, or the date of any extension under section
10701(e)(1)(B)—
(A) the waivers and releases described in subsections
(a) and (b) shall be of no effect; and
(B) section 10701(e)(2)(B) shall apply.
Time period.
Federal Register,
publication.
Applicability.
SEC. 10704. WATER RIGHTS HELD IN TRUST.
A tribal water right adjudicated and described in paragraph
3.0 of the Partial Final Decree and in paragraph 3.0 of the Supplemental Partial Final Decree shall be held in trust by the United
States on behalf of the Nation.
Subtitle C—Shoshone-Paiute Tribes of the
Duck Valley Reservation Water Rights
Settlement
Nevada.
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SEC. 10801. FINDINGS.
Congress finds that—
(1) it is the policy of the United States, in accordance
with the trust responsibility of the United States to Indian
tribes, to promote Indian self-determination and economic selfsufficiency and to settle Indian water rights claims without
lengthy and costly litigation, if practicable;
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(2) quantifying rights to water and development of facilities
needed to use tribal water supplies is essential to the development of viable Indian reservation economies and the establishment of a permanent reservation homeland;
(3) uncertainty concerning the extent of the ShoshonePaiute Tribes’ water rights has resulted in limited access to
water and inadequate financial resources necessary to achieve
self-determination and self-sufficiency;
(4) in 2006, the Tribes, the State of Idaho, the affected
individual water users, and the United States resolved all
tribal claims to water rights in the Snake River Basin Adjudication through a consent decree entered by the District Court
of the Fifth Judicial District of the State of Idaho, requiring
no further Federal action to quantify the Tribes’ water rights
in the State of Idaho;
(5) as of the date of enactment of this Act, proceedings
to determine the extent and nature of the water rights of
the Tribes in the East Fork of the Owyhee River in Nevada
are pending before the Nevada State Engineer;
(6) final resolution of the Tribes’ water claims in the East
Fork of the Owyhee River adjudication will—
(A) take many years;
(B) entail great expense;
(C) continue to limit the access of the Tribes to water,
with economic and social consequences;
(D) prolong uncertainty relating to the availability of
water supplies; and
(E) seriously impair long-term economic planning and
development for all parties to the litigation;
(7) after many years of negotiation, the Tribes, the State,
and the upstream water users have entered into a settlement
agreement to resolve permanently all water rights of the Tribes
in the State; and
(8) the Tribes also seek to resolve certain water-related
claims for damages against the United States.
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SEC. 10802. PURPOSES.
The purposes of this subtitle are—
(1) to resolve outstanding issues with respect to the East
Fork of the Owyhee River in the State in such a manner
as to provide important benefits to—
(A) the United States;
(B) the State;
(C) the Tribes; and
(D) the upstream water users;
(2) to achieve a fair, equitable, and final settlement of
all claims of the Tribes, members of the Tribes, and the United
States on behalf of the Tribes and members of Tribes to the
waters of the East Fork of the Owyhee River in the State;
(3) to ratify and provide for the enforcement of the Agreement among the parties to the litigation;
(4) to resolve the Tribes’ water-related claims for damages
against the United States;
(5) to require the Secretary to perform all obligations of
the Secretary under the Agreement and this subtitle; and
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(6) to authorize the actions and appropriations necessary
to meet the obligations of the United States under the Agreement and this subtitle.
SEC. 10803. DEFINITIONS.
In this subtitle:
(1) AGREEMENT.—The term ‘‘Agreement’’ means the agreement entitled the ‘‘Agreement to Establish the Relative Water
Rights of the Shoshone-Paiute Tribes of the Duck Valley Reservation and the Upstream Water Users, East Fork Owyhee
River’’ and signed in counterpart between, on, or about September 22, 2006, and January 15, 2007 (including all attachments to that Agreement).
(2) DEVELOPMENT FUND.—The term ‘‘Development Fund’’
means the Shoshone-Paiute Tribes Water Rights Development
Fund established by section 10807(b)(1).
(3) EAST FORK OF THE OWYHEE RIVER.—The term ‘‘East
Fork of the Owyhee River’’ means the portion of the east
fork of the Owyhee River that is located in the State.
(4) MAINTENANCE FUND.—The term ‘‘Maintenance Fund’’
means the Shoshone-Paiute Tribes Operation and Maintenance
Fund established by section 10807(c)(1).
(5) RESERVATION.—The term ‘‘Reservation’’ means the Duck
Valley Reservation established by the Executive order dated
April 16, 1877, as adjusted pursuant to the Executive order
dated May 4, 1886, and Executive order numbered 1222 and
dated July 1, 1910, for use and occupation by the Western
Shoshones and the Paddy Cap Band of Paiutes.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(7) STATE.—The term ‘‘State’’ means the State of Nevada.
(8) TRIBAL WATER RIGHTS.—The term ‘‘tribal water rights’’
means rights of the Tribes described in the Agreement relating
to water, including groundwater, storage water, and surface
water.
(9) TRIBES.—The term ‘‘Tribes’’ means the Shoshone-Paiute
Tribes of the Duck Valley Reservation.
(10) UPSTREAM WATER USER.—The term ‘‘upstream water
user’’ means a non-Federal water user that—
(A) is located upstream from the Reservation on the
East Fork of the Owyhee River; and
(B) is a signatory to the Agreement as a party to
the East Fork of the Owyhee River adjudication.
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SEC.
10804.
APPROVAL, RATIFICATION, AND
AGREEMENT; AUTHORIZATION.
CONFIRMATION
OF
(a) IN GENERAL.—Except as provided in subsection (c) and
except to the extent that the Agreement otherwise conflicts with
provisions of this subtitle, the Agreement is approved, ratified,
and confirmed.
(b) SECRETARIAL AUTHORIZATION.—The Secretary is authorized
and directed to execute the Agreement as approved by Congress.
(c) EXCEPTION FOR TRIBAL WATER MARKETING.—Notwithstanding any language in the Agreement to the contrary, nothing
in this subtitle authorizes the Tribes to use or authorize others
to use tribal water rights off the Reservation, other than use for
storage at Wild Horse Reservoir for use on tribal land and for
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the allocation of 265 acre feet to upstream water users under
the Agreement, or use on tribal land off the Reservation.
(d) ENVIRONMENTAL COMPLIANCE.—Execution of the Agreement
by the Secretary under this section shall not constitute major Federal action under the National Environmental Policy Act (42 U.S.C.
4321 et seq.). The Secretary shall carry out all environmental
compliance required by Federal law in implementing the Agreement.
(e) PERFORMANCE OF OBLIGATIONS.—The Secretary and any
other head of a Federal agency obligated under the Agreement
shall perform actions necessary to carry out an obligation under
the Agreement in accordance with this subtitle.
SEC. 10805. TRIBAL WATER RIGHTS.
Deadline.
Regulations.
Time period.
(a) IN GENERAL.—Tribal water rights shall be held in trust
by the United States for the benefit of the Tribes.
(b) ADMINISTRATION.—
(1) ENACTMENT OF WATER CODE.—Not later than 3 years
after the date of enactment of this Act, the Tribes, in accordance
with provisions of the Tribes’ constitution and subject to the
approval of the Secretary, shall enact a water code to administer
tribal water rights.
(2) INTERIM ADMINISTRATION.—The Secretary shall regulate
the tribal water rights during the period beginning on the
date of enactment of this Act and ending on the date on which
the Tribes enact a water code under paragraph (1).
(c) TRIBAL WATER RIGHTS NOT SUBJECT TO LOSS.—The tribal
water rights shall not be subject to loss by abandonment, forfeiture,
or nonuse.
SEC. 10806. DUCK VALLEY INDIAN IRRIGATION PROJECT.
(a) STATUS OF THE DUCK VALLEY INDIAN IRRIGATION PROJECT.—
Nothing in this subtitle shall affect the status of the Duck Valley
Indian Irrigation Project under Federal law.
(b) CAPITAL COSTS NONREIMBURSABLE.—The capital costs associated with the Duck Valley Indian Irrigation Project as of the
date of enactment of this Act, including any capital cost incurred
with funds distributed under this subtitle for the Duck Valley
Indian Irrigation Project, shall be nonreimbursable.
SEC. 10807. DEVELOPMENT AND MAINTENANCE FUNDS.
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Notification.
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(a) DEFINITION OF FUNDS.—In this section, the term ‘‘Funds’’
means—
(1) the Development Fund; and
(2) the Maintenance Fund.
(b) DEVELOPMENT FUND.—
(1) ESTABLISHMENT.—There is established in the Treasury
of the United States a fund to be known as the ‘‘ShoshonePaiute Tribes Water Rights Development Fund’’.
(2) USE OF FUNDS.—
(A) PRIORITY USE OF FUNDS FOR REHABILITATION.—
The Tribes shall use amounts in the Development Fund
to—
(i) rehabilitate the Duck Valley Indian Irrigation
Project; or
(ii) for other purposes under subparagraph (B),
provided that the Tribes have given written notification
to the Secretary that—
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123 STAT. 1409
(I) the Duck Valley Indian Irrigation Project
has been rehabilitated to an acceptable condition;
or
(II) sufficient funds will remain available from
the Development Fund to rehabilitate the Duck
Valley Indian Irrigation Project to an acceptable
condition after expending funds for other purposes
under subparagraph (B).
(B) OTHER USES OF FUNDS.—Once the Tribes have provided written notification as provided in subparagraph
(A)(ii)(I) or (A)(ii)(II), the Tribes may use amounts from
the Development Fund for any of the following purposes:
(i) To expand the Duck Valley Indian Irrigation
Project.
(ii) To pay or reimburse costs incurred by the
Tribes in acquiring land and water rights.
(iii) For purposes of cultural preservation.
(iv) To restore or improve fish or wildlife habitat.
(v) For fish or wildlife production, water resource
development, or agricultural development.
(vi) For water resource planning and development.
(vii) To pay the costs of—
(I) designing and constructing water supply
and sewer systems for tribal communities,
including a water quality testing laboratory;
(II) other appropriate water-related projects
and other related economic development projects;
(III) the development of a water code; and
(IV) other costs of implementing the Agreement.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for deposit in the
Development Fund $9,000,000 for each of fiscal years 2010
through 2014.
(c) MAINTENANCE FUND.—
(1) ESTABLISHMENT.—There is established in the Treasury
of the United States a fund to be known as the ‘‘ShoshonePaiute Tribes Operation and Maintenance Fund’’.
(2) USE OF FUNDS.—The Tribes shall use amounts in the
Maintenance Fund to pay or provide reimbursement for—
(A) operation, maintenance, and replacement costs of
the Duck Valley Indian Irrigation Project and other waterrelated projects funded under this subtitle; or
(B) operation, maintenance, and replacement costs of
water supply and sewer systems for tribal communities,
including the operation and maintenance costs of a water
quality testing laboratory.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for deposit in the
Maintenance Fund $3,000,000 for each of fiscal years 2010
through 2014.
(d) AVAILABILITY OF AMOUNTS FROM FUNDS.—Amounts made
available under subsections (b)(3) and (c)(3) shall be available for
expenditure or withdrawal only after the effective date described
in section 10808(d).
(e) ADMINISTRATION OF FUNDS.—Upon completion of the actions
described in section 10808(d), the Secretary, in accordance with
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123 STAT. 1410
PUBLIC LAW 111–11—MAR. 30, 2009
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.) shall manage the Funds, including by
investing amounts from the Funds in accordance with the Act
of April 1, 1880 (25 U.S.C. 161), and the first section of the Act
of June 24, 1938 (25 U.S.C. 162a).
(f) EXPENDITURES AND WITHDRAWAL.—
(1) TRIBAL MANAGEMENT PLAN.—
(A) IN GENERAL.—The Tribes may withdraw all or part
of amounts in the Funds on approval by the Secretary
of a tribal management plan as described in the American
Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(B) REQUIREMENTS.—In addition to the requirements
under the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal
management plan shall require that the Tribes spend any
amounts withdrawn from the Funds in accordance with
the purposes described in subsection (b)(2) or (c)(2).
(C) ENFORCEMENT.—The Secretary may take judicial
or administrative action to enforce the provisions of any
tribal management plan to ensure that any amounts withdrawn from the Funds under the plan are used in accordance with this subtitle and the Agreement.
(D) LIABILITY.—If the Tribes exercise the right to withdraw amounts from the Funds, neither the Secretary nor
the Secretary of the Treasury shall retain any liability
for the expenditure or investment of the amounts.
(2) EXPENDITURE PLAN.—
(A) IN GENERAL.—The Tribes shall submit to the Secretary for approval an expenditure plan for any portion
of the amounts in the Funds that the Tribes do not withdraw under the tribal management plan.
(B) DESCRIPTION.—The expenditure plan shall describe
the manner in which, and the purposes for which, amounts
of the Tribes remaining in the Funds will be used.
(C) APPROVAL.—On receipt of an expenditure plan
under subparagraph (A), the Secretary shall approve the
plan if the Secretary determines that the plan is reasonable
and consistent with this subtitle and the Agreement.
(D) ANNUAL REPORT.—For each Fund, the Tribes shall
submit to the Secretary an annual report that describes
all expenditures from the Fund during the year covered
by the report.
(3) FUNDING AGREEMENT.—Notwithstanding any other
provision of this subtitle, on receipt of a request from the
Tribes, the Secretary shall include an amount from funds made
available under this section in the funding agreement of the
Tribes under title IV of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458aa et seq.), for use
in accordance with subsections (b)(2) and (c)(2). No amount
made available under this subtitle may be requested until
the waivers under section 10808(a) take effect.
(g) NO PER CAPITA PAYMENTS.—No amount from the Funds
(including any interest income that would have accrued to the
Funds after the effective date) shall be distributed to a member
of the Tribes on a per capita basis.
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SEC. 10808. TRIBAL WAIVER AND RELEASE OF CLAIMS.
(a) WAIVER AND RELEASE OF CLAIMS BY TRIBES AND UNITED
STATES ACTING AS TRUSTEE FOR TRIBES.—In return for recognition
of the Tribes’ water rights and other benefits as set forth in the
Agreement and this subtitle, the Tribes, on behalf of themselves
and their members, and the United States acting in its capacity
as trustee for the Tribes are authorized to execute a waiver and
release of—
(1) all claims for water rights in the State of Nevada
that the Tribes, or the United States acting in its capacity
as trustee for the Tribes, asserted, or could have asserted,
in any proceeding, including pending proceedings before the
Nevada State Engineer to determine the extent and nature
of the water rights of the Tribes in the East Fork of the
Owyhee River in Nevada, up to and including the effective
date, except to the extent that such rights are recognized in
the Agreement or this subtitle; and
(2) all claims for damages, losses or injuries to water rights
or claims of interference with, diversion or taking of water
rights (including claims for injury to lands resulting from such
damages, losses, injuries, interference with, diversion, or taking
of water rights) within the State of Nevada that accrued at
any time up to and including the effective date.
(b) WAIVER AND RELEASE OF CLAIMS BY TRIBES AGAINST UNITED
STATES.—The Tribes, on behalf of themselves and their members,
are authorized to execute a waiver and release of—
(1) all claims against the United States, its agencies, or
employees, relating in any manner to claims for water rights
in or water of the States of Nevada and Idaho that the United
States acting in its capacity as trustee for the Tribes asserted,
or could have asserted, in any proceeding, including pending
proceedings before the Nevada State Engineer to determine
the extent and nature of the water rights of the Tribes in
the East Fork of the Owyhee River in Nevada, and the Snake
River Basin Adjudication in Idaho;
(2) all claims against the United States, its agencies, or
employees relating in any manner to damages, losses, or
injuries to water, water rights, land, or other resources due
to loss of water or water rights (including damages, losses
or injuries to fishing and other similar rights due to loss of
water or water rights; claims relating to interference with,
diversion or taking of water; or claims relating to failure to
protect, acquire, replace, or develop water, water rights or
water infrastructure) within the States of Nevada and Idaho
that first accrued at any time up to and including the effective
date;
(3) all claims against the United States, its agencies, or
employees relating to the operation, maintenance, or rehabilitation of the Duck Valley Indian Irrigation Project that first
accrued at any time up to and including the date upon which
the Tribes notify the Secretary as provided in section
10807(b)(2)(A)(ii)(I) that the rehabilitation of the Duck Valley
Indian Irrigation Project under this subtitle to an acceptable
level has been accomplished;
(4) all claims against the United States, its agencies, or
employees relating in any manner to the litigation of claims
relating to the Tribes’ water rights in pending proceedings
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Federal Register,
publication.
Deadline.
Reversion.
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Time period.
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PUBLIC LAW 111–11—MAR. 30, 2009
before the Nevada State Engineer to determine the extent
and nature of the water rights of the Tribes in the East Fork
of the Owyhee River in Nevada or the Snake River Basin
Adjudication in Idaho; and
(5) all claims against the United States, its agencies, or
employees relating in any manner to the negotiation, execution,
or adoption of the Agreement, exhibits thereto, the decree
referred to in subsection (d)(2), or this subtitle.
(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Notwithstanding the waivers and releases authorized in this subtitle,
the Tribes on their own behalf and the United States acting in
its capacity as trustee for the Tribes retain—
(1) all claims for enforcement of the Agreement, the decree
referred to in subsection (d)(2), or this subtitle, through such
legal and equitable remedies as may be available in the decree
court or the appropriate Federal court;
(2) all rights to acquire a water right in a State to the
same extent as any other entity in the State, in accordance
with State law, and to use and protect water rights acquired
after the date of enactment of this Act;
(3) all claims relating to activities affecting the quality
of water including any claims the Tribes might have under
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including
claims for damages to natural resources), the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), and the regulations implementing those Acts; and
(4) all rights, remedies, privileges, immunities, and powers
not specifically waived and released pursuant to this subtitle.
(d) EFFECTIVE DATE.—Notwithstanding anything in the Agreement to the contrary, the waivers by the Tribes, or the United
States on behalf of the Tribes, under this section shall take effect
on the date on which the Secretary publishes in the Federal Register
a statement of findings that includes a finding that—
(1) the Agreement and the waivers and releases authorized
and set forth in subsections (a) and (b) have been executed
by the parties and the Secretary;
(2) the Fourth Judicial District Court, Elko County,
Nevada, has issued a judgment and decree consistent with
the Agreement from which no further appeal can be taken;
and
(3) the amounts authorized under subsections (b)(3) and
(c)(3) of section 10807 have been appropriated.
(e) FAILURE TO PUBLISH STATEMENT OF FINDINGS.—If the Secretary does not publish a statement of findings under subsection
(d) by March 31, 2016—
(1) the Agreement and this subtitle shall not take effect;
and
(2) any funds that have been appropriated under this subtitle shall immediately revert to the general fund of the United
States Treasury.
(f) TOLLING OF CLAIMS.—
(1) IN GENERAL.—Each applicable period of limitation and
time-based equitable defense relating to a claim described in
this section shall be tolled for the period beginning on the
date of enactment of this Act and ending on the date on which
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123 STAT. 1413
the amounts authorized to be appropriated under subsections
(b)(3) and (c)(3) of section 10807 are appropriated.
(2) EFFECT OF SUBPARAGRAPH.—Nothing in this subparagraph revives any claim or tolls any period of limitation or
time-based equitable defense that expired before the date of
enactment of this Act.
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SEC. 10809. MISCELLANEOUS.
(a) GENERAL DISCLAIMER.—The parties to the Agreement
expressly reserve all rights not specifically granted, recognized,
or relinquished by—
(1) the settlement described in the Agreement; or
(2) this subtitle.
(b) LIMITATION OF CLAIMS AND RIGHTS.—Nothing in this subtitle—
(1) establishes a standard for quantifying—
(A) a Federal reserved water right;
(B) an aboriginal claim; or
(C) any other water right claim of an Indian tribe
in a judicial or administrative proceeding;
(2) affects the ability of the United States, acting in its
sovereign capacity, to take actions authorized by law, including
any laws relating to health, safety, or the environment,
including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.),
the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly
known as the ‘‘Resource Conservation and Recovery Act of
1976’’), and the regulations implementing those Acts;
(3) affects the ability of the United States to take actions,
acting in its capacity as trustee for any other Tribe, Pueblo,
or allottee;
(4) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes; or
(5) limits the right of a party to the Agreement to litigate
any issue not resolved by the Agreement or this subtitle.
(c) ADMISSION AGAINST INTEREST.—Nothing in this subtitle constitutes an admission against interest by a party in any legal
proceeding.
(d) RESERVATION.—The Reservation shall be—
(1) considered to be the property of the Tribes; and
(2) permanently held in trust by the United States for
the sole use and benefit of the Tribes.
(e) JURISDICTION.—
(1) SUBJECT MATTER JURISDICTION.—Nothing in the Agreement or this subtitle restricts, enlarges, or otherwise determines
the subject matter jurisdiction of any Federal, State, or tribal
court.
(2) CIVIL OR REGULATORY JURISDICTION.—Nothing in the
Agreement or this subtitle impairs or impedes the exercise
of any civil or regulatory authority of the United States, the
State, or the Tribes.
(3) CONSENT TO JURISDICTION.—The United States consents
to jurisdiction in a proper forum for purposes of enforcing
the provisions of the Agreement.
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(4) EFFECT OF SUBSECTION.—Nothing in this subsection
confers jurisdiction on any State court to—
(A) interpret Federal law regarding the health, safety,
or the environment or determine the duties of the United
States or other parties pursuant to such Federal law; or
(B) conduct judicial review of a Federal agency action.
TITLE XI—UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
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SEC. 11001. REAUTHORIZATION OF THE NATIONAL GEOLOGIC MAPPING ACT OF 1992.
(a) FINDINGS.—Section 2(a) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31a(a)) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) although significant progress has been made in the
production of geologic maps since the establishment of the
national cooperative geologic mapping program in 1992, no
modern, digital, geologic map exists for approximately 75 percent of the United States;’’; and
(2) in paragraph (2)—
(A) in subparagraph (C), by inserting ‘‘homeland and’’
after ‘‘planning for’’;
(B) in subparagraph (E), by striking ‘‘predicting’’ and
inserting ‘‘identifying’’;
(C) in subparagraph (I), by striking ‘‘and’’ after the
semicolon at the end;
(D) by redesignating subparagraph (J) as subparagraph
(K); and
(E) by inserting after subparagraph (I) the following:
‘‘(J) recreation and public awareness; and’’; and
(3) in paragraph (9), by striking ‘‘important’’ and inserting
‘‘available’’.
(b) PURPOSE.—Section 2(b) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting ‘‘and management’’ before the period at the end.
(c) DEADLINES FOR ACTIONS BY THE UNITED STATES GEOLOGICAL
SURVEY.—Section 4(b)(1) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second sentence—
(1) in subparagraph (A), by striking ‘‘not later than’’ and
all that follows through the semicolon and inserting ‘‘not later
than 1 year after the date of enactment of the Omnibus Public
Land Management Act of 2009;’’;
(2) in subparagraph (B), by striking ‘‘not later than’’ and
all that follows through ‘‘in accordance’’ and inserting ‘‘not
later than 1 year after the date of enactment of the Omnibus
Public Land Management Act of 2009 in accordance’’; and
(3) in the matter preceding clause (i) of subparagraph (C),
by striking ‘‘not later than’’ and all that follows through
‘‘submit’’ and inserting ‘‘submit biennially’’.
(d) GEOLOGIC MAPPING PROGRAM OBJECTIVES.—Section 4(c)(2)
of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2))
is amended—
(1) by striking ‘‘geophysical-map data base, geochemicalmap data base, and a’’; and
(2) by striking ‘‘provide’’ and inserting ‘‘provides’’.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1415
(e) GEOLOGIC MAPPING PROGRAM COMPONENTS.—Section
4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31c(d)(1)(B)(ii)) is amended—
(1) in subclause (I), by striking ‘‘and’’ after the semicolon
at the end;
(2) in subclause (II), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(III) the needs of land management agencies
of the Department of the Interior.’’.
(f) GEOLOGIC MAPPING ADVISORY COMMITTEE.—
(1) MEMBERSHIP.—Section 5(a) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended—
(A) in paragraph (2)—
(i) by inserting ‘‘the Secretary of the Interior or
a designee from a land management agency of the
Department of the Interior,’’ after ‘‘Administrator of
the Environmental Protection Agency or a designee,’’;
(ii) by inserting ‘‘and’’ after ‘‘Energy or a designee,’’;
and
(iii) by striking ‘‘, and the Assistant to the President for Science and Technology or a designee’’; and
(B) in paragraph (3)—
(i) by striking ‘‘Not later than’’ and all that follows
through ‘‘consultation’’ and inserting ‘‘In consultation’’;
(ii) by striking ‘‘Chief Geologist, as Chairman’’ and
inserting ‘‘Associate Director for Geology, as Chair’’;
and
(iii) by striking ‘‘one representative from the private sector’’ and inserting ‘‘2 representatives from the
private sector’’.
(2) DUTIES.—Section 5(b) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31d(b)) is amended—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following:
‘‘(3) provide a scientific overview of geologic maps (including
maps of geologic-based hazards) used or disseminated by Federal agencies for regulation or land-use planning; and’’.
(3) CONFORMING AMENDMENT.—Section 5(a)(1) of the
National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)(1))
is amended by striking ‘‘10-member’’ and inserting ‘‘11member’’.
(g) FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE.—Section 7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C.
31f(a)) is amended—
(1) in paragraph (1), by striking ‘‘geologic map’’ and
inserting ‘‘geologic-map’’; and
(2) in paragraph (2), by striking subparagraph (A) and
inserting the following:
‘‘(A) all maps developed with funding provided by the
National Cooperative Geologic Mapping Program, including
under the Federal, State, and education components;’’.
(h) BIENNIAL REPORT.—Section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amended by striking ‘‘Not
later’’ and all that follows through ‘‘biennially’’ and inserting ‘‘Not
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later than 3 years after the date of enactment of the Omnibus
Public Land Management Act of 2009 and biennially’’.
(i) AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.—Section
9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h)
is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—There is authorized to be appropriated to
carry out this Act $64,000,000 for each of fiscal years 2009 through
2018.’’; and
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘2000’’ and inserting ‘‘2005’’;
(B) in paragraph (1), by striking ‘‘48’’ and inserting
‘‘50’’; and
(C) in paragraph (2), by striking 2 and inserting ‘‘4’’.
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SEC. 11002. NEW MEXICO WATER RESOURCES STUDY.
(a) IN GENERAL.—The Secretary of the Interior, acting through
the Director of the United States Geological Survey (referred to
in this section as the ‘‘Secretary’’), in coordination with the State
of New Mexico (referred to in this section as the ‘‘State’’) and
any other entities that the Secretary determines to be appropriate
(including other Federal agencies and institutions of higher education), shall, in accordance with this section and any other
applicable law, conduct a study of water resources in the State,
including—
(1) a survey of groundwater resources, including an analysis
of—
(A) aquifers in the State, including the quantity of
water in the aquifers;
(B) the availability of groundwater resources for human
use;
(C) the salinity of groundwater resources;
(D) the potential of the groundwater resources to
recharge;
(E) the interaction between groundwater and surface
water;
(F) the susceptibility of the aquifers to contamination;
and
(G) any other relevant criteria; and
(2) a characterization of surface and bedrock geology,
including the effect of the geology on groundwater yield and
quality.
(b) STUDY AREAS.—The study carried out under subsection
(a) shall include the Estancia Basin, Salt Basin, Tularosa Basin,
Hueco Basin, and middle Rio Grande Basin in the State.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives a report that describes
the results of the study.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1417
TITLE XII—OCEANS
Subtitle A—Ocean Exploration
PART I—EXPLORATION
SEC. 12001. PURPOSE.
33 USC 3401.
The purpose of this part is to establish the national ocean
exploration program and the national undersea research program
within the National Oceanic and Atmospheric Administration.
SEC. 12002. PROGRAM ESTABLISHED.
33 USC 3402.
The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National Science
Foundation and other appropriate Federal agencies, establish a
coordinated national ocean exploration program within the National
Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall
seek to facilitate coordination of data and information management
systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and
transfer of technologies to facilitate ocean and undersea research
and exploration.
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SEC. 12003. POWERS AND DUTIES OF THE ADMINISTRATOR.
33 USC 3403.
(a) IN GENERAL.—In carrying out the program authorized by
section 12002, the Administrator of the National Oceanic and
Atmospheric Administration shall—
(1) conduct interdisciplinary voyages or other scientific
activities in conjunction with other Federal agencies or academic or educational institutions, to explore and survey little
known areas of the marine environment, inventory, observe,
and assess living and nonliving marine resources, and report
such findings;
(2) give priority attention to deep ocean regions, with a
focus on deep water marine systems that hold potential for
important scientific discoveries, such as hydrothermal vent
communities and seamounts;
(3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean
exploration activities that combine archaeology and oceanographic sciences;
(4) develop and implement, in consultation with the
National Science Foundation, a transparent, competitive
process for merit-based peer-review and approval of proposals
for activities to be conducted under this program, taking into
consideration advice of the Board established under section
12005;
(5) enhance the technical capability of the United States
marine science community by promoting the development of
improved oceanographic research, communication, navigation,
and data collection systems, as well as underwater platforms
and sensor and autonomous vehicles; and
(6) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other
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stakeholders in order to enhance the scientific and technical
expertise and relevance of the national program.
(b) DONATIONS.—The Administrator may accept donations of
property, data, and equipment to be applied for the purpose of
exploring the oceans or increasing knowledge of the oceans.
33 USC 3404.
SEC. 12004. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.
Establishment.
Strategic plan.
(a) IN GENERAL.—The Administrator of the National Oceanic
and Atmospheric Administration, in coordination with the National
Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the Department of
the Navy, the Mineral Management Service, and relevant governmental, non-governmental, academic, industry, and other experts,
shall convene an ocean exploration and undersea research technology and infrastructure task force to develop and implement
a strategy—
(1) to facilitate transfer of new exploration and undersea
research technology to the programs authorized under this
part and part II of this subtitle;
(2) to improve availability of communications infrastructure, including satellite capabilities, to such programs;
(3) to develop an integrated, workable, and comprehensive
data management information processing system that will make
information on unique and significant features obtained by
such programs available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and processes,
in conjunction with relevant programs of the National Oceanic
and Atmospheric Administration, the National Science Foundation, and other agencies; and
(5) to encourage cost-sharing partnerships with governmental and nongovernmental entities that will assist in
transferring exploration and undersea research technology and
technical expertise to the programs.
(b) BUDGET COORDINATION.—The task force shall coordinate
the development of agency budgets and identify the items in their
annual budget that support the activities identified in the strategy
developed under subsection (a).
33 USC 3405.
SEC. 12005. OCEAN EXPLORATION ADVISORY BOARD.
(a) ESTABLISHMENT.—The Administrator of the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields—
(1) to advise the Administrator on priority areas for survey
and discovery;
(2) to assist the program in the development of a 5-year
strategic plan for the fields of ocean, marine, and Great Lakes
science, exploration, and discovery;
(3) to annually review the quality and effectiveness of
the proposal review process established under section
12003(a)(4); and
(4) to provide other assistance and advice as requested
by the Administrator.
(b) FEDERAL ADVISORY COMMITTEE ACT.—Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board appointed under subsection (a).
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1419
(c) APPLICATION WITH OUTER CONTINENTAL SHELF LANDS
ACT.—Nothing in part supersedes, or limits the authority of the
Secretary of the Interior under the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.).
33 USC 3406.
SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic
and Atmospheric Administration to carry out this part—
(1) $33,550,000 for fiscal year 2009;
(2) $36,905,000 for fiscal year 2010;
(3) $40,596,000 for fiscal year 2011;
(4) $44,655,000 for fiscal year 2012;
(5) $49,121,000 for fiscal year 2013;
(6) $54,033,000 for fiscal year 2014; and
(7) $59,436,000 for fiscal year 2015.
PART II—NOAA UNDERSEA RESEARCH
PROGRAM ACT OF 2009
SEC. 12101. SHORT TITLE.
This part may be cited as the ‘‘NOAA Undersea Research
Program Act of 2009’’.
SEC. 12102. PROGRAM ESTABLISHED.
NOAA Undersea
Research
Program Act
of 2009.
33 USC 3401
note.
33 USC 3421.
(a) IN GENERAL.—The Administrator of the National Oceanic
and Atmospheric Administration shall establish and maintain an
undersea research program and shall designate a Director of that
program.
(b) PURPOSE.—The purpose of the program is to increase scientific knowledge essential for the informed management, use, and
preservation of oceanic, marine, and coastal areas and the Great
Lakes.
SEC. 12103. POWERS OF PROGRAM DIRECTOR.
33 USC 3422.
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The Director of the program, in carrying out the program,
shall—
(1) cooperate with institutions of higher education and
other educational marine and ocean science organizations, and
shall make available undersea research facilities, equipment,
technologies, information, and expertise to support undersea
research efforts by these organizations;
(2) enter into partnerships, as appropriate and using
existing authorities, with the private sector to achieve the
goals of the program and to promote technological advancement
of the marine industry; and
(3) coordinate the development of agency budgets and identify the items in their annual budget that support the activities
described in paragraphs (1) and (2).
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SEC. 12104. ADMINISTRATIVE STRUCTURE.
33 USC 3423.
(a) IN GENERAL.—The program shall be conducted through
a national headquarters, a network of extramural regional undersea
research centers that represent all relevant National Oceanic and
Atmospheric Administration regions, and the National Institute
for Undersea Science and Technology.
(b) DIRECTION.—The Director shall develop the overall direction
of the program in coordination with a Council of Center Directors
comprised of the directors of the extramural regional centers and
Deadlines.
Federal Register,
publication.
Public comment.
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the National Institute for Undersea Science and Technology. The
Director shall publish a draft program direction document not later
than 1 year after the date of enactment of this Act in the Federal
Register for a public comment period of not less than 120 days.
The Director shall publish a final program direction, including
responses to the comments received during the public comment
period, in the Federal Register within 90 days after the close
of the comment period. The program director shall update the
program direction, with opportunity for public comment, at least
every 5 years.
33 USC 3424.
SEC. 12105. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY
PROGRAMS.
(a) IN GENERAL.—The following research, exploration, education, and technology programs shall be conducted through the
network of regional centers and the National Institute for Undersea
Science and Technology:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology development to support
the National Oceanic and Atmospheric Administration’s
research mission and programs.
(3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness
of the oceans and Great Lakes.
(4) Development, testing, and transition of advanced
undersea technology associated with ocean observatories,
submersibles, advanced diving technologies, remotely operated
vehicles, autonomous underwater vehicles, and new sampling
and sensing technologies.
(5) Discovery, study, and development of natural resources
and products from ocean, coastal, and aquatic systems.
(b) OPERATIONS.—The Director of the program, through operation of the extramural regional centers and the National Institute
for Undersea Science and Technology, shall leverage partnerships
and cooperative research with academia and private industry.
33 USC 3425.
(a) DISCRETIONARY FUND.—The Program shall allocate no more
than 10 percent of its annual budget to a discretionary fund that
may be used only for program administration and priority undersea
research projects identified by the Director but not covered by
funding available from centers.
(b) COMPETITIVE SELECTION.—The Administrator shall conduct
an initial competition to select the regional centers that will participate in the program 90 days after the publication of the final
program direction under section 12104 and every 5 years thereafter.
Funding for projects conducted through the regional centers shall
be awarded through a competitive, merit-reviewed process on the
basis of their relevance to the goals of the program and their
technical feasibility.
Deadlines.
33 USC 3426.
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SEC. 12106. COMPETITIVENESS.
SEC. 12107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic
and Atmospheric Administration—
(1) for fiscal year 2009—
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123 STAT. 1421
(A) $13,750,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $5,500,000 for the National Technology Institute;
(2) for fiscal year 2010—
(A) $15,125,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $6,050,000 for the National Technology Institute;
(3) for fiscal year 2011—
(A) $16,638,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $6,655,000 for the National Technology Institute;
(4) for fiscal year 2012—
(A) $18,301,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $7,321,000 for the National Technology Institute;
(5) for fiscal year 2013—
(A) $20,131,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $8,053,000 for the National Technology Institute;
(6) for fiscal year 2014—
(A) $22,145,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $8,859,000 for the National Technology Institute;
and
(7) for fiscal year 2015—
(A) $24,359,000 for the regional centers, of which 50
percent shall be for West Coast regional centers and 50
percent shall be for East Coast regional centers; and
(B) $9,744,000 for the National Technology Institute.
Subtitle B—Ocean and Coastal Mapping
Integration Act
Ocean and
Coastal Mapping
Integration Act.
SEC. 12201. SHORT TITLE.
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This subtitle may be cited as the ‘‘Ocean and Coastal Mapping
Integration Act’’.
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33 USC 3501
note.
SEC. 12202. ESTABLISHMENT OF PROGRAM.
33 USC 3501.
(a) IN GENERAL.—The President, in coordination with the Interagency Committee on Ocean and Coastal Mapping and affected
coastal states, shall establish a program to develop a coordinated
and comprehensive Federal ocean and coastal mapping plan for
the Great Lakes and coastal state waters, the territorial sea, the
exclusive economic zone, and the continental shelf of the United
States that enhances ecosystem approaches in decision-making for
conservation and management of marine resources and habitats,
establishes research and mapping priorities, supports the siting
of research and other platforms, and advances ocean and coastal
science.
President.
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123 STAT. 1422
PUBLIC LAW 111–11—MAR. 30, 2009
(b) MEMBERSHIP.—The Committee shall be comprised of highlevel representatives of the Department of Commerce, through the
National Oceanic and Atmospheric Administration, the Department
of the Interior, the National Science Foundation, the Department
of Defense, the Environmental Protection Agency, the Department
of Homeland Security, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean
and coastal mapping.
(c) PROGRAM PARAMETERS.—In developing such a program, the
President, through the Committee, shall—
(1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping,
noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of
data archives;
(2) facilitate cost-effective, cooperative mapping efforts that
incorporate policies for contracting with non-governmental entities among all Federal agencies conducting ocean and coastal
mapping, by increasing data sharing, developing appropriate
data acquisition and metadata standards, and facilitating the
interoperability of in situ data collection systems, data processing, archiving, and distribution of data products;
(3) facilitate the adaptation of existing technologies as well
as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training
conducted among Federal agencies and in cooperation with
non-governmental entities;
(4) develop standards and protocols for testing innovative
experimental mapping technologies and transferring new technologies between the Federal Government, coastal state, and
non-governmental entities;
(5) provide for the archiving, management, and distribution
of data sets through a national registry as well as provide
mapping products and services to the general public in service
of statutory requirements;
(6) develop data standards and protocols consistent with
standards developed by the Federal Geographic Data Committee for use by Federal, coastal state, and other entities
in mapping and otherwise documenting locations of federally
permitted activities, living and nonliving coastal and marine
resources, marine ecosystems, sensitive habitats, submerged
cultural resources, undersea cables, offshore aquaculture
projects, offshore energy projects, and any areas designated
for purposes of environmental protection or conservation and
management of living and nonliving coastal and marine
resources;
(7) identify the procedures to be used for coordinating the
collection and integration of Federal ocean and coastal mapping
data with coastal state and local government programs;
(8) facilitate, to the extent practicable, the collection of
real-time tide data and the development of hydrodynamic
models for coastal areas to allow for the application of Vdatum tools that will facilitate the seamless integration of
onshore and offshore maps and charts;
(9) establish a plan for the acquisition and collection of
ocean and coastal mapping data; and
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(10) set forth a timetable for completion and implementation of the plan.
SEC. 12203. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING.
33 USC 3502.
(a) IN GENERAL.—The Administrator of the National Oceanic
and Atmospheric Administration, within 30 days after the date
of enactment of this Act, shall convene or utilize an existing interagency committee on ocean and coastal mapping to implement
section 12202.
(b) MEMBERSHIP.—The committee shall be comprised of senior
representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. The representatives shall be
high-ranking officials of their respective agencies or departments
and, whenever possible, the head of the portion of the agency
or department that is most relevant to the purposes of this subtitle.
Membership shall include senior representatives from the National
Oceanic and Atmospheric Administration, the Chief of Naval Operations, the United States Geological Survey, the Minerals Management Service, the National Science Foundation, the National
Geospatial-Intelligence Agency, the United States Army Corps of
Engineers, the Coast Guard, the Environmental Protection Agency,
the Federal Emergency Management Agency, the National Aeronautics and Space Administration, and other appropriate Federal
agencies involved in ocean and coastal mapping.
(c) CO-CHAIRMEN.—The Committee shall be co-chaired by the
representative of the Department of Commerce and a representative
of the Department of the Interior.
(d) SUBCOMMITTEE.—The co-chairmen shall establish a subcommittee to carry out the day-to-day work of the Committee,
comprised of senior representatives of any member agency of the
committee. Working groups may be formed by the full Committee
to address issues of short duration. The subcommittee shall be
chaired by the representative from the National Oceanic and
Atmospheric Administration. The chairmen of the Committee may
create such additional subcommittees and working groups as may
be needed to carry out the work of Committee.
(e) MEETINGS.—The committee shall meet on a quarterly basis,
but each subcommittee and each working group shall meet on
an as-needed basis.
(f) COORDINATION.—The committee shall coordinate activities
when appropriate, with—
(1) other Federal efforts, including the Digital Coast,
Geospatial One-Stop, and the Federal Geographic Data Committee;
(2) international mapping activities;
(3) coastal states;
(4) user groups through workshops and other appropriate
mechanisms; and
(5) representatives of nongovernmental entities.
(g) ADVISORY PANEL.—The Administrator may convene an ocean
and coastal mapping advisory panel consisting of representatives
from non-governmental entities to provide input regarding activities
of the committee in consultation with the interagency committee.
Deadline.
Establishment.
SEC. 12204. BIENNIAL REPORTS.
33 USC 3503.
No later than 18 months after the date of enactment of this
Act, and biennially thereafter, the co-chairmen of the Committee
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PUBLIC LAW 111–11—MAR. 30, 2009
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shall transmit to the Committees on Commerce, Science, and
Transportation and Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives a report detailing progress made in implementing this subtitle, including—
(1) an inventory of ocean and coastal mapping data within
the territorial sea and the exclusive economic zone and throughout the Continental Shelf of the United States, noting the
age and source of the survey and the spatial resolution
(metadata) of the data;
(2) identification of priority areas in need of survey coverage
using present technologies;
(3) a resource plan that identifies when priority areas
in need of modern ocean and coastal mapping surveys can
be accomplished;
(4) the status of efforts to produce integrated digital maps
of ocean and coastal areas;
(5) a description of any products resulting from coordinated
mapping efforts under this subtitle that improve public understanding of the coasts and oceans, or regulatory decisionmaking;
(6) documentation of minimum and desired standards for
data acquisition and integrated metadata;
(7) a statement of the status of Federal efforts to leverage
mapping technologies, coordinate mapping activities, share
expertise, and exchange data;
(8) a statement of resource requirements for organizations
to meet the goals of the program, including technology needs
for data acquisition, processing, and distribution systems;
(9) a statement of the status of efforts to declassify data
gathered by the Navy, the National Geospatial-Intelligence
Agency, and other agencies to the extent possible without jeopardizing national security, and make it available to partner
agencies and the public;
(10) a resource plan for a digital coast integrated mapping
pilot project for the northern Gulf of Mexico that will—
(A) cover the area from the authorized coastal counties
through the territorial sea;
(B) identify how such a pilot project will leverage public
and private mapping data and resources, such as the
United States Geological Survey National Map, to result
in an operational coastal change assessment program for
the subregion;
(11) the status of efforts to coordinate Federal programs
with coastal state and local government programs and leverage
those programs;
(12) a description of efforts of Federal agencies to increase
contracting with nongovernmental entities; and
(13) an inventory and description of any new Federal or
federally funded programs conducting shoreline delineation and
ocean or coastal mapping since the previous reporting cycle.
VerDate Nov 24 2008
33 USC 3504.
SEC. 12205. PLAN.
Deadline.
(a) IN GENERAL.—Not later than 6 months after the date of
enactment of this Act, the Administrator, in consultation with the
Committee, shall develop and submit to the Congress a plan for
an integrated ocean and coastal mapping initiative within the
National Oceanic and Atmospheric Administration.
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1425
(b) PLAN REQUIREMENTS.—The plan shall—
(1) identify and describe all ocean and coastal mapping
programs within the agency, including those that conduct mapping or related activities in the course of existing missions,
such as hydrographic surveys, ocean exploration projects, living
marine resource conservation and management programs,
coastal zone management projects, and ocean and coastal
observations and science projects;
(2) establish priority mapping programs and establish and
periodically update priorities for geographic areas in surveying
and mapping across all missions of the National Oceanic and
Atmospheric Administration, as well as minimum data acquisition and metadata standards for those programs;
(3) encourage the development of innovative ocean and
coastal mapping technologies and applications, through
research and development through cooperative or other agreements with joint or cooperative research institutes or centers
and with other non-governmental entities;
(4) document available and developing technologies, best
practices in data processing and distribution, and leveraging
opportunities with other Federal agencies, coastal states, and
non-governmental entities;
(5) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric
Administration’s programs, vessels, and aircraft to support a
coordinated ocean and coastal mapping program;
(6) identify a centralized mechanism or office for coordinating data collection, processing, archiving, and dissemination
activities of all such mapping programs within the National
Oceanic and Atmospheric Administration that meets Federal
mandates for data accuracy and accessibility and designate
a repository that is responsible for archiving and managing
the distribution of all ocean and coastal mapping data to simplify the provision of services to benefit Federal and coastal
state programs; and
(7) set forth a timetable for implementation and completion
of the plan, including a schedule for submission to the Congress
of periodic progress reports and recommendations for integrating approaches developed under the initiative into the interagency program.
(c) NOAA JOINT OCEAN AND COASTAL MAPPING CENTERS.—
The Administrator may maintain and operate up to 3 joint ocean
and coastal mapping centers, including a joint hydrographic center,
which shall each be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence
and may conduct activities necessary to carry out the purposes
of this subtitle, including—
(1) research and development of innovative ocean and
coastal mapping technologies, equipment, and data products;
(2) mapping of the United States Outer Continental Shelf
and other regions;
(3) data processing for nontraditional data and uses;
(4) advancing the use of remote sensing technologies, for
related issues, including mapping and assessment of essential
fish habitat and of coral resources, ocean observations, and
ocean exploration; and
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PUBLIC LAW 111–11—MAR. 30, 2009
(5) providing graduate education and training in ocean
and coastal mapping sciences for members of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel.
(d) NOAA REPORT.—The Administrator shall continue developing a strategy for expanding contracting with non-governmental
entities to minimize duplication and take maximum advantage of
nongovernmental capabilities in fulfilling the Administration’s mapping and charting responsibilities. Within 120 days after the date
of enactment of this Act, the Administrator shall transmit a report
describing the strategy developed under this subsection to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Natural Resources of the House of Representatives.
33 USC 3505.
SEC. 12206. EFFECT ON OTHER LAWS.
Nothing in this subtitle shall be construed to supersede or
alter the existing authorities of any Federal agency with respect
to ocean and coastal mapping.
33 USC 3506.
SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—In addition to the amounts authorized by
section 306 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892d), there are authorized to be appropriated to the
Administrator to carry out this subtitle—
(1) $26,000,000 for fiscal year 2009;
(2) $32,000,000 for fiscal year 2010;
(3) $38,000,000 for fiscal year 2011; and
(4) $45,000,000 for each of fiscal years 2012 through 2015.
(b) JOINT OCEAN AND COASTAL MAPPING CENTERS.—Of the
amounts appropriated pursuant to subsection (a), the following
amounts shall be used to carry out section 12205(c) of this subtitle:
(1) $11,000,000 for fiscal year 2009.
(2) $12,000,000 for fiscal year 2010.
(3) $13,000,000 for fiscal year 2011.
(4) $15,000,000 for each of fiscal years 2012 through 2015.
(c) COOPERATIVE AGREEMENTS.—To carry out interagency
activities under section 12203 of this subtitle, the head of any
department or agency may execute a cooperative agreement with
the Administrator, including those authorized by section 5 of the
Act of August 6, 1947 (33 U.S.C. 883e).
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33 USC 3507.
SEC. 12208. DEFINITIONS.
In this subtitle:
(1) ADMINISTRATOR.—The term ‘‘Administrator’ ’’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) COASTAL STATE.—The term ‘‘coastal state’’ has the
meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4).
(3) COMMITTEE.—The term ‘‘Committee’’ means the Interagency Ocean and Coastal Mapping Committee established by
section 12203.
(4) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive economic zone’’ means the exclusive economic zone of the United
States established by Presidential Proclamation No. 5030, of
March 10, 1983.
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123 STAT. 1427
(5) OCEAN AND COASTAL MAPPING.—The term ‘‘ocean and
coastal mapping’’ means the acquisition, processing, and
management of physical, biological, geological, chemical, and
archaeological characteristics and boundaries of ocean and
coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct
sampling, and other mapping technologies.
(6) TERRITORIAL SEA.—The term ‘‘territorial sea’’ means
the belt of sea measured from the baseline of the United States
determined in accordance with international law, as set forth
in Presidential Proclamation Number 5928, dated December
27, 1988.
(7) NONGOVERNMENTAL ENTITIES.—The term ‘‘nongovernmental entities’’ includes nongovernmental organizations, members of the academic community, and private sector organizations that provide products and services associated with measuring, locating, and preparing maps, charts, surveys, aerial
photographs, satellite imagines, or other graphical or digital
presentations depicting natural or manmade physical features,
phenomena, and legal boundaries of the Earth.
(8) OUTER CONTINENTAL SHELF.—The term ‘‘Outer Continental Shelf’’ means all submerged lands lying seaward and
outside of lands beneath navigable waters (as that term is
defined in section 2 of the Submerged Lands Act (43 U.S.C.
1301)), and of which the subsoil and seabed appertain to the
United States and are subject to its jurisdiction and control.
Subtitle C—Integrated Coastal and Ocean
Observation System Act of 2009
SEC. 12301. SHORT TITLE.
This subtitle may be cited as the ‘‘Integrated Coastal and
Ocean Observation System Act of 2009’’.
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SEC. 12302. PURPOSES.
Integrated
Coastal and
Ocean
Observation
System Act
of 2009.
33 USC 3601
note.
33 USC 3601.
The purposes of this subtitle are to—
(1) establish a national integrated System of ocean, coastal,
and Great Lakes observing systems, comprised of Federal and
non-Federal components coordinated at the national level by
the National Ocean Research Leadership Council and at the
regional level by a network of regional information coordination
entities, and that includes in situ, remote, and other coastal
and ocean observation, technologies, and data management and
communication systems, and is designed to address regional
and national needs for ocean information, to gather specific
data on key coastal, ocean, and Great Lakes variables, and
to ensure timely and sustained dissemination and availability
of these data to—
(A) support national defense, marine commerce,
navigation safety, weather, climate, and marine forecasting,
energy siting and production, economic development, ecosystem-based marine, coastal, and Great Lakes resource
management, public safety, and public outreach training
and education;
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PUBLIC LAW 111–11—MAR. 30, 2009
(B) promote greater public awareness and stewardship
of the Nation’s ocean, coastal, and Great Lakes resources
and the general public welfare; and
(C) enable advances in scientific understanding to support the sustainable use, conservation, management, and
understanding of healthy ocean, coastal, and Great Lakes
resources;
(2) improve the Nation’s capability to measure, track,
explain, and predict events related directly and indirectly to
weather and climate change, natural climate variability, and
interactions between the oceanic and atmospheric environments, including the Great Lakes; and
(3) authorize activities to promote basic and applied
research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies, modeling
systems, and other scientific and technological capabilities to
improve our conceptual understanding of weather and climate,
ocean-atmosphere dynamics, global climate change, physical,
chemical, and biological dynamics of the ocean, coastal and
Great Lakes environments, and to conserve healthy and restore
degraded coastal ecosystems.
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33 USC 3602.
SEC. 12303. DEFINITIONS.
In this subtitle:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Under Secretary of Commerce for Oceans and Atmosphere in
the Under Secretary’s capacity as Administrator of the National
Oceanic and Atmospheric Administration.
(2) COUNCIL.—The term ‘‘Council’’ means the National
Ocean Research Leadership Council established by section 7902
of title 10, United States Code.
(3) FEDERAL ASSETS.—The term ‘‘Federal assets’’ means
all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, data
management, basic and applied technology research and
development, and public education and outreach programs, that
are managed by member agencies of the Council.
(4) INTERAGENCY OCEAN OBSERVATION COMMITTEE.—The
term ‘‘Interagency Ocean Observation Committee’’ means the
committee established under section 12304(c)(2).
(5) NON-FEDERAL ASSETS.—The term ‘‘non-Federal assets’’
means all relevant coastal and ocean observation technologies,
related basic and applied technology research and development,
and public education and outreach programs that are integrated
into the System and are managed through States, regional
organizations, universities, nongovernmental organizations, or
the private sector.
(6) REGIONAL INFORMATION COORDINATION ENTITIES.—
(A) IN GENERAL.—The term ‘‘regional information
coordination entity’’ means an organizational body that
is certified or established by contract or memorandum by
the lead Federal agency designated in section 12304(c)(3)
of this subtitle and coordinates State, Federal, local, and
private interests at a regional level with the responsibility
of engaging the private and public sectors in designing,
operating, and improving regional coastal and ocean
observing systems in order to ensure the provision of data
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and information that meet the needs of user groups from
the respective regions.
(B) CERTAIN INCLUDED ASSOCIATIONS.—The term
‘‘regional information coordination entity’’ includes regional
associations described in the System Plan.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce, acting through the National Oceanic and
Atmospheric Administration.
(8) SYSTEM.—The term ‘‘System’’ means the National
Integrated Coastal and Ocean Observation System established
under section 12304.
(9) SYSTEM PLAN.—The term ‘‘System Plan’’ means the
plan contained in the document entitled ‘‘Ocean. US Publication
No. 9, The First Integrated Ocean Observing System (IOOS)
Development Plan’’, as updated by the Council under this subtitle.
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SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
33 USC 3603.
(a) ESTABLISHMENT.—The President, acting through the
Council, shall establish a National Integrated Coastal and Ocean
Observation System to fulfill the purposes set forth in section
12302 of this subtitle and the System Plan and to fulfill the Nation’s
international obligations to contribute to the Global Earth Observation System of Systems and the Global Ocean Observing System.
(b) SYSTEM ELEMENTS.—
(1) IN GENERAL.—In order to fulfill the purposes of this
subtitle, the System shall be national in scope and consist
of—
(A) Federal assets to fulfill national and international
observation missions and priorities;
(B) non-Federal assets, including a network of regional
information coordination entities identified under subsection (c)(4), to fulfill regional observation missions and
priorities;
(C) data management, communication, and modeling
systems for the timely integration and dissemination of
data and information products from the System;
(D) a research and development program conducted
under the guidance of the Council, consisting of—
(i) basic and applied research and technology
development to improve understanding of coastal and
ocean systems and their relationships to human activities and to ensure improvement of operational assets
and products, including related infrastructure,
observing technologies, and information and data processing and management technologies; and
(ii) large scale computing resources and research
to advance modeling of coastal and ocean processes.
(2) ENHANCING ADMINISTRATION AND MANAGEMENT.—The
head of each Federal agency that has administrative jurisdiction over a Federal asset shall support the purposes of this
subtitle and may take appropriate actions to enhance internal
agency administration and management to better support,
integrate, finance, and utilize observation data, products, and
services developed under this section to further its own agency
mission and responsibilities.
President.
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Establishment.
Plans.
Budget.
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Procedures.
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(3) AVAILABILITY OF DATA.—The head of each Federal
agency that has administrative jurisdiction over a Federal asset
shall make available data that are produced by that asset
and that are not otherwise restricted for integration, management, and dissemination by the System.
(4) NON-FEDERAL ASSETS.—Non-Federal assets shall be
coordinated, as appropriate, by the Interagency Ocean
Observing Committee or by regional information coordination
entities.
(c) POLICY OVERSIGHT, ADMINISTRATION, AND REGIONAL
COORDINATION.—
(1) COUNCIL FUNCTIONS.—The Council shall serve as the
policy and coordination oversight body for all aspects of the
System. In carrying out its responsibilities under this subtitle,
the Council shall—
(A) approve and adopt comprehensive System budgets
developed and maintained by the Interagency Ocean
Observation Committee to support System operations,
including operations of both Federal and non-Federal
assets;
(B) ensure coordination of the System with other
domestic and international earth observing activities
including the Global Ocean Observing System and the
Global Earth Observing System of Systems, and provide,
as appropriate, support for and representation on United
States delegations to international meetings on coastal and
ocean observing programs; and
(C) encourage coordinated intramural and extramural
research and technology development, and a process to
transition developing technology and methods into operations of the System.
(2) INTERAGENCY OCEAN OBSERVATION COMMITTEE.—The
Council shall establish or designate an Interagency Ocean
Observation Committee which shall—
(A) prepare annual and long-term plans for consideration and approval by the Council for the integrated design,
operation, maintenance, enhancement and expansion of the
System to meet the objectives of this subtitle and the
System Plan;
(B) develop and transmit to Congress at the time of
submission of the President’s annual budget request an
annual coordinated, comprehensive budget to operate all
elements of the System identified in subsection (b), and
to ensure continuity of data streams from Federal and
non-Federal assets;
(C) establish required observation data variables to
be gathered by both Federal and non-Federal assets and
identify, in consultation with regional information coordination entities, priorities for System observations;
(D) establish protocols and standards for System data
processing, management, and communication;
(E) develop contract certification standards and compliance procedures for all non-Federal assets, including
regional information coordination entities, to establish eligibility for integration into the System and to ensure compliance with all applicable standards and protocols established
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123 STAT. 1431
by the Council, and ensure that regional observations are
integrated into the System on a sustained basis;
(F) identify gaps in observation coverage or needs for
capital improvements of both Federal assets and non-Federal assets;
(G) subject to the availability of appropriations, establish through one or more participating Federal agencies,
in consultation with the System advisory committee established under subsection (d), a competitive matching grant
or other programs—
(i) to promote intramural and extramural research
and development of new, innovative, and emerging
observation technologies including testing and field
trials; and
(ii) to facilitate the migration of new, innovative,
and emerging scientific and technological advances
from research and development to operational deployment;
(H) periodically review and recommend to the Council,
in consultation with the Administrator, revisions to the
System Plan;
(I) ensure collaboration among Federal agencies participating in the activities of the Committee; and
(J) perform such additional duties as the Council may
delegate.
(3) LEAD FEDERAL AGENCY.—The National Oceanic and
Atmospheric Administration shall function as the lead Federal
agency for the implementation and administration of the
System, in consultation with the Council, the Interagency
Ocean Observation Committee, other Federal agencies that
maintain portions of the System, and the regional information
coordination entities, and shall—
(A) establish an Integrated Ocean Observing Program
Office within the National Oceanic and Atmospheric
Administration utilizing to the extent necessary, personnel
from member agencies participating on the Interagency
Ocean Observation Committee, to oversee daily operations
and coordination of the System;
(B) implement policies, protocols, and standards
approved by the Council and delegated by the Interagency
Ocean Observing Committee;
(C) promulgate program guidelines to certify and
integrate non-Federal assets, including regional information coordination entities, into the System to provide
regional coastal and ocean observation data that meet the
needs of user groups from the respective regions;
(D) have the authority to enter into and oversee contracts, leases, grants or cooperative agreements with nonFederal assets, including regional information coordination
entities, to support the purposes of this subtitle on such
terms as the Administrator deems appropriate;
(E) implement a merit-based, competitive funding
process to support non-Federal assets, including the
development and maintenance of a network of regional
information coordination entities, and develop and implement a process for the periodic review and evaluation of
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Government
organization.
Guidelines.
Certification.
Contracts.
Grants.
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all non-Federal assets, including regional information
coordination entities;
(F) provide opportunities for competitive contracts and
grants for demonstration projects to design, develop,
integrate, deploy, and support components of the System;
(G) establish efficient and effective administrative
procedures for allocation of funds among contractors,
grantees, and non-Federal assets, including regional
information coordination entities in a timely manner, and
contingent on appropriations according to the budget
adopted by the Council;
(H) develop and implement a process for the periodic
review and evaluation of regional information coordination
entities;
(I) formulate an annual process by which gaps in
observation coverage or needs for capital improvements
of Federal assets and non-Federal assets of the System
are identified by the regional information coordination entities, the Administrator, or other members of the System
and transmitted to the Interagency Ocean Observing Committee;
(J) develop and be responsible for a data management
and communication system, in accordance with standards
and protocols established by the Council, by which all
data collected by the System regarding ocean and coastal
waters of the United States including the Great Lakes,
are processed, stored, integrated, and made available to
all end-user communities;
(K) implement a program of public education and outreach to improve public awareness of global climate change
and effects on the ocean, coastal, and Great Lakes environment;
(L) report annually to the Interagency Ocean Observing
Committee on the accomplishments, operational needs, and
performance of the System to contribute to the annual
and long-term plans developed pursuant to subsection
(c)(2)(A)(i); and
(M) develop a plan to efficiently integrate into the
System new, innovative, or emerging technologies that have
been demonstrated to be useful to the System and which
will fulfill the purposes of this subtitle and the System
Plan.
(4) REGIONAL INFORMATION COORDINATION ENTITIES.—
(A) IN GENERAL.—To be certified or established under
this subtitle, a regional information coordination entity
shall be certified or established by contract or agreement
by the Administrator, and shall agree to meet the certification standards and compliance procedure guidelines
issued by the Administrator and information needs of user
groups in the region while adhering to national standards
and shall—
(i) demonstrate an organizational structure
capable of gathering required System observation data,
supporting and integrating all aspects of coastal and
ocean observing and information programs within a
region and that reflects the needs of State and local
governments, commercial interests, and other users
Public
information.
Reports.
Deadline.
Plan.
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Certification.
Contract.
Guidelines.
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PUBLIC LAW 111–11—MAR. 30, 2009
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and beneficiaries of the System and other requirements
specified under this subtitle and the System Plan;
(ii) identify gaps in observation coverage needs
for capital improvements of Federal assets and nonFederal assets of the System, or other recommendations to assist in the development of the annual and
long-term plans created pursuant to subsection
(c)(2)(A)(i) and transmit such information to the Interagency Ocean Observing Committee via the Program
Office;
(iii) develop and operate under a strategic operational plan that will ensure the efficient and effective
administration of programs and assets to support daily
data observations for integration into the System,
pursuant to the standards approved by the Council;
(iv) work cooperatively with governmental and
non-governmental entities at all levels to identify and
provide information products of the System for multiple
users within the service area of the regional information coordination entities; and
(v) comply with all financial oversight requirements established by the Administrator, including
requirements relating to audits.
(B) PARTICIPATION.—For the purposes of this subtitle,
employees of Federal agencies may participate in the functions of the regional information coordination entities.
(d) SYSTEM ADVISORY COMMITTEE.—
(1) IN GENERAL.—The Administrator shall establish or designate a System advisory committee, which shall provide advice
as may be requested by the Administrator or the Interagency
Ocean Observing Committee.
(2) PURPOSE.—The purpose of the System advisory committee is to advise the Administrator and the Interagency
Ocean Observing Committee on—
(A) administration, operation, management, and
maintenance of the System, including integration of Federal and non-Federal assets and data management and
communication aspects of the System, and fulfillment of
the purposes set forth in section 12302;
(B) expansion and periodic modernization and upgrade
of technology components of the System;
(C) identification of end-user communities, their needs
for information provided by the System, and the System’s
effectiveness in disseminating information to end-user
communities and the general public; and
(D) any other purpose identified by the Administrator
or the Interagency Ocean Observing Committee.
(3) MEMBERS.—
(A) IN GENERAL.—The System advisory committee shall
be composed of members appointed by the Administrator.
Members shall be qualified by education, training, and
experience to evaluate scientific and technical information
related to the design, operation, maintenance, or use of
the System, or use of data products provided through the
System.
(B) TERMS OF SERVICE.—Members shall be appointed
for 3-year terms, renewable once. A vacancy appointment
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shall be for the remainder of the unexpired term of the
vacancy, and an individual so appointed may subsequently
be appointed for 2 full 3-year terms if the remainder of
the unexpired term is less than 1 year.
(C) CHAIRPERSON.—The Administrator shall designate
a chairperson from among the members of the System
advisory committee.
(D) APPOINTMENT.—Members of the System advisory
committee shall be appointed as special Government
employees for purposes of section 202(a) of title 18, United
States Code.
(4) ADMINISTRATIVE PROVISIONS.—
(A) REPORTING.—The System advisory committee shall
report to the Administrator and the Interagency Ocean
Observing Committee, as appropriate.
(B) ADMINISTRATIVE SUPPORT.—The Administrator
shall provide administrative support to the System advisory
committee.
(C) MEETINGS.—The System advisory committee shall
meet at least once each year, and at other times at the
call of the Administrator, the Interagency Ocean Observing
Committee, or the chairperson.
(D) COMPENSATION AND EXPENSES.—Members of the
System advisory committee shall not be compensated for
service on that Committee, but may be allowed travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
(E) EXPIRATION.—Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
System advisory committee.
(e) CIVIL LIABILITY.—For purposes of determining liability
arising from the dissemination and use of observation data gathered
pursuant to this section, any non-Federal asset or regional information coordination entity incorporated into the System by contract,
lease, grant, or cooperative agreement under subsection (c)(3)(D)
that is participating in the System shall be considered to be part
of the National Oceanic and Atmospheric Administration. Any
employee of such a non-Federal asset or regional information
coordination entity, while operating within the scope of his or
her employment in carrying out the purposes of this subtitle, with
respect to tort liability, is deemed to be an employee of the Federal
Government.
(f) LIMITATION.—Nothing in this subtitle shall be construed
to invalidate existing certifications, contracts, or agreements
between regional information coordination entities and other elements of the System.
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33 USC 3604.
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS.
(a) IN GENERAL.—To carry out interagency activities under
this subtitle, the Secretary of Commerce may execute cooperative
agreements, or any other agreements, with, and receive and expend
funds made available by, any State or subdivision thereof, any
Federal agency, or any public or private organization, or individual.
(b) RECIPROCITY.—Member Departments and agencies of the
Council shall have the authority to create, support, and maintain
joint centers, and to enter into and perform such contracts, leases,
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grants, and cooperative agreements as may be necessary to carry
out the purposes of this subtitle and fulfillment of the System
Plan.
SEC. 12306. APPLICATION WITH OTHER LAWS.
33 USC 3605.
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Nothing in this subtitle supersedes or limits the authority
of any agency to carry out its responsibilities and missions under
other laws.
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SEC. 12307. REPORT TO CONGRESS.
33 USC 3606.
(a) REQUIREMENT.—Not later than 2 years after the date of
the enactment of this Act and every 2 years thereafter, the Administrator shall prepare and the President acting through the Council
shall approve and transmit to the Congress a report on progress
made in implementing this subtitle.
(b) CONTENTS.—The report shall include—
(1) a description of activities carried out under this subtitle
and the System Plan;
(2) an evaluation of the effectiveness of the System,
including an evaluation of progress made by the Council to
achieve the goals identified under the System Plan;
(3) identification of Federal and non-Federal assets as
determined by the Council that have been integrated into the
System, including assets essential to the gathering of required
observation data variables necessary to meet the respective
missions of Council agencies;
(4) a review of procurements, planned or initiated, by each
Council agency to enhance, expand, or modernize the observation capabilities and data products provided by the System,
including data management and communication subsystems;
(5) an assessment regarding activities to integrate Federal
and non-Federal assets, nationally and on the regional level,
and discussion of the performance and effectiveness of regional
information coordination entities to coordinate regional observation operations;
(6) a description of benefits of the program to users of
data products resulting from the System (including the general
public, industries, scientists, resource managers, emergency
responders, policy makers, and educators);
(7) recommendations concerning—
(A) modifications to the System; and
(B) funding levels for the System in subsequent fiscal
years; and
(8) the results of a periodic external independent programmatic audit of the System.
President.
SEC. 12308. PUBLIC-PRIVATE USE POLICY.
33 USC 3607.
The Council shall develop a policy within 6 months after the
date of the enactment of this Act that defines processes for making
decisions about the roles of the Federal Government, the States,
regional information coordination entities, the academic community,
and the private sector in providing to end-user communities environmental information, products, technologies, and services related
to the System. The Council shall publish the policy in the Federal
Register for public comment for a period not less than 60 days.
Nothing in this section shall be construed to require changes in
policy in effect on the date of enactment of this Act.
Deadline.
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Federal Register,
publication.
Public comment.
Time period.
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PUBLIC LAW 111–11—MAR. 30, 2009
33 USC 3608.
SEC. 12309. INDEPENDENT COST ESTIMATE.
Deadline.
Within 1 year after the date of enactment of this Act, the
Interagency Ocean Observation Committee, through the Administrator and the Director of the National Science Foundation, shall
obtain an independent cost estimate for operations and maintenance
of existing Federal assets of the System, and planned or anticipated
acquisition, operation, and maintenance of new Federal assets for
the System, including operation facilities, observation equipment,
modeling and software, data management and communication, and
other essential components. The independent cost estimate shall
be transmitted unabridged and without revision by the Administrator to Congress.
33 USC 3609.
SEC. 12310. INTENT OF CONGRESS.
It is the intent of Congress that funding provided to agencies
of the Council to implement this subtitle shall supplement, and
not replace, existing sources of funding for other programs. It is
the further intent of Congress that agencies of the Council shall
not enter into contracts or agreements for the development or
procurement of new Federal assets for the System that are estimated to be in excess of $250,000,000 in life-cycle costs without
first providing adequate notice to Congress and opportunity for
review and comment.
33 USC 3610.
SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2009 through 2013 such sums as are
necessary to fulfill the purposes of this subtitle and support activities identified in the annual coordinated System budget developed
by the Interagency Ocean Observation Committee and submitted
to the Congress.
Federal Ocean
Acidification
Research and
Monitoring Act
of 2009.
33 USC 3701
note.
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33 USC 3701.
Subtitle D—Federal Ocean Acidification
Research and Monitoring Act of 2009
SEC. 12401. SHORT TITLE.
This subtitle may be cited as the ‘‘Federal Ocean Acidification
Research And Monitoring Act of 2009’’ or the ‘‘FOARAM Act’’.
SEC. 12402. PURPOSES.
(a) PURPOSES.—The purposes of this subtitle are to provide
for—
(1) development and coordination of a comprehensive interagency plan to—
(A) monitor and conduct research on the processes
and consequences of ocean acidification on marine organisms and ecosystems; and
(B) establish an interagency research and monitoring
program on ocean acidification;
(2) establishment of an ocean acidification program within
the National Oceanic and Atmospheric Administration;
(3) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean acidification; and
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(4) research adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased
ocean acidification.
SEC. 12403. DEFINITIONS.
33 USC 3702.
In this subtitle:
(1) OCEAN ACIDIFICATION.—The term ‘‘ocean acidification’’
means the decrease in pH of the Earth’s oceans and changes
in ocean chemistry caused by chemical inputs from the
atmosphere, including carbon dioxide.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(3) SUBCOMMITTEE.—The term ‘‘Subcommittee’’ means the
Joint Subcommittee on Ocean Science and Technology of the
National Science and Technology Council.
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SEC. 12404. INTERAGENCY SUBCOMMITTEE.
33 USC 3703.
(a) DESIGNATION.—
(1) IN GENERAL.—The Joint Subcommittee on Ocean Science
and Technology of the National Science and Technology Council
shall coordinate Federal activities on ocean acidification and
establish an interagency working group.
(2) MEMBERSHIP.—The interagency working group on ocean
acidification shall be comprised of senior representatives from
the National Oceanic and Atmospheric Administration, the
National Science Foundation, the National Aeronautics and
Space Administration, the United States Geological Survey,
the United States Fish and Wildlife Service, and such other
Federal agencies as appropriate.
(3) CHAIRMAN.—The interagency working group shall be
chaired by the representative from the National Oceanic and
Atmospheric Administration.
(b) DUTIES.—The Subcommittee shall—
(1) develop the strategic research and monitoring plan to
guide Federal research on ocean acidification required under
section 12405 of this subtitle and oversee the implementation
of the plan;
(2) oversee the development of—
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine ecosystems;
and
(B) adaptation and mitigation strategies to conserve
marine organisms and ecosystems exposed to ocean acidification;
(3) facilitate communication and outreach opportunities
with nongovernmental organizations and members of the stakeholder community with interests in marine resources;
(4) coordinate the United States Federal research and monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification
program accessible through electronic means, including
information which would be useful to policymakers, researchers,
and other stakeholders in mitigating or adapting to the impacts
of ocean acidification.
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(c) REPORTS TO CONGRESS.—
(1) INITIAL REPORT.—Not later than 1 year after the date
of enactment of this Act, the Subcommittee shall transmit
a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House
of Representatives that—
(A) includes a summary of federally funded ocean
acidification research and monitoring activities, including
the budget for each of these activities; and
(B) describes the progress in developing the plan
required under section 12405 of this subtitle.
(2) BIENNIAL REPORT.—Not later than 2 years after the
delivery of the initial report under paragraph (1) and every
2 years thereafter, the Subcommittee shall transmit a report
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Science and Technology
and the Committee on Natural Resources of the House of Representatives that includes—
(A) a summary of federally funded ocean acidification
research and monitoring activities, including the budget
for each of these activities; and
(B) an analysis of the progress made toward achieving
the goals and priorities for the interagency research plan
developed by the Subcommittee under section 12405.
(3) STRATEGIC RESEARCH PLAN.—Not later than 2 years
after the date of enactment of this Act, the Subcommittee
shall transmit the strategic research plan developed under
section 12405 to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science
and Technology and the Committee on Natural Resources of
the House of Representatives. A revised plan shall be submitted
at least once every 5 years thereafter.
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33 USC 3704.
SEC. 12405. STRATEGIC RESEARCH PLAN.
Deadline.
(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Subcommittee shall develop a strategic
plan for Federal research and monitoring on ocean acidification
that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine
organisms and marine ecosystems. In developing the plan, the
Subcommittee shall consider and use information, reports, and
studies of ocean acidification that have identified research and
monitoring needed to better understand ocean acidification and
its potential impacts, and recommendations made by the National
Academy of Sciences in the review of the plan required under
subsection (d).
(b) CONTENTS OF THE PLAN.—The plan shall—
(1) provide for interdisciplinary research among the ocean
sciences, and coordinated research and activities to improve
the understanding of ocean chemistry that will affect marine
ecosystems;
(2) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
research and monitoring which will—
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(A) advance understanding of ocean acidification and
its physical, chemical, and biological impacts on marine
organisms and marine ecosystems;
(B) improve the ability to assess the socioeconomic
impacts of ocean acidification; and
(C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems;
(3) describe specific activities, including—
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research efforts;
(4) identify relevant programs and activities of the Federal
agencies that contribute to the interagency program directly
and indirectly and set forth the role of each Federal agency
in implementing the plan;
(5) consider and utilize, as appropriate, reports and studies
conducted by Federal agencies, the National Research Council,
or other entities;
(6) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the United
States with such activities of other nations and international
organizations;
(7) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be
conducted by each agency under the plan;
(8) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may
be needed to ensure adequate data collection and monitoring
of ocean acidification and its impacts; and
(9) describe specific activities designed to facilitate outreach
and data and information exchange with stakeholder communities.
(c) PROGRAM ELEMENTS.—The plan shall include at a minimum
the following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and openocean monitoring stations, including satellite-based monitoring
to characterize—
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific physiological
responses of marine organisms to ocean acidification, impacts
on marine food webs of ocean acidification, and to develop
environmental and ecological indices that track marine ecosystem responses to ocean acidification.
(3) Modeling to predict changes in the ocean carbon cycle
as a function of carbon dioxide and atmosphere-induced changes
in temperature, ocean circulation, biogeochemistry, ecosystem
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Contracts.
Deadline.
Federal Register,
publication.
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33 USC 3705.
PUBLIC LAW 111–11—MAR. 30, 2009
and terrestrial input, and modeling to determine impacts on
marine ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous
floats.
(5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies
to conserve marine organisms and marine ecosystems.
(d) NATIONAL ACADEMY OF SCIENCES EVALUATION.—The Secretary shall enter into an agreement with the National Academy
of Sciences to review the plan.
(e) PUBLIC PARTICIPATION.—In developing the plan, the Subcommittee shall consult with representatives of academic, State,
industry and environmental groups. Not later than 90 days before
the plan, or any revision thereof, is submitted to the Congress,
the plan shall be published in the Federal Register for a public
comment period of not less than 60 days.
SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.
(a) IN GENERAL.—The Secretary shall establish and maintain
an ocean acidification program within the National Oceanic and
Atmospheric Administration to conduct research, monitoring, and
other activities consistent with the strategic research and
implementation plan developed by the Subcommittee under section
12405 that—
(1) includes—
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification;
(B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and
national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims
of the research program;
(C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification;
(D) as an integral part of the research programs
described in this subtitle, educational opportunities that
encourage an interdisciplinary and international approach
to exploring the impacts of ocean acidification;
(E) as an integral part of the research programs
described in this subtitle, national public outreach activities
to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine
resources; and
(F) coordination of ocean acidification monitoring and
impacts research with other appropriate international
ocean science bodies such as the International Oceanographic Commission, the International Council for the
Exploration of the Sea, the North Pacific Marine Science
Organization, and others;
(2) provides grants for critical research projects that explore
the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan;
and
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(3) incorporates a competitive merit-based process for
awarding grants that may be conducted jointly with other
participating agencies or under the National Oceanographic
Partnership Program under section 7901 of title 10, United
States Code.
(b) ADDITIONAL AUTHORITY.—In conducting the Program, the
Secretary may enter into and perform such contracts, leases, grants,
or cooperative agreements as may be necessary to carry out the
purposes of this subtitle on such terms as the Secretary considers
appropriate.
SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES.
33 USC 3706.
(a) RESEARCH ACTIVITIES.—The Director of the National Science
Foundation shall continue to carry out research activities on ocean
acidification which shall support competitive, merit-based, peerreviewed proposals for research and monitoring of ocean acidification and its impacts, including—
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine biogeochemistry; and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) CONSISTENCY.—The research activities shall be consistent
with the strategic research plan developed by the Subcommittee
under section 12405.
(c) COORDINATION.—The Director shall encourage coordination
of the Foundation’s ocean acidification activities with such activities
of other nations and international organizations.
SEC. 12408. NASA OCEAN ACIDIFICATION ACTIVITIES.
33 USC 3707.
(a) OCEAN ACIDIFICATION ACTIVITIES.—The Administrator of
the National Aeronautics and Space Administration, in coordination
with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for
monitoring of ocean acidification and its impacts.
(b) PROGRAM CONSISTENCY.—The Administrator shall ensure
that the Agency’s research and monitoring activities on ocean
acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section
12405.
(c) COORDINATION.—The Administrator shall encourage
coordination of the Agency’s ocean acidification activities with such
activities of other nations and international organizations.
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SEC. 12409. AUTHORIZATION OF APPROPRIATIONS.
33 USC 3708.
(a) NOAA.—There are authorized to be appropriated to
National Oceanic and Atmospheric Administration to carry
the purposes of this subtitle—
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.—There are authorized to be appropriated to
National Science Foundation to carry out the purposes of
subtitle—
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
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PUBLIC LAW 111–11—MAR. 30, 2009
(4) $15,000,000 for fiscal year 2012.
Subtitle E—Coastal and Estuarine Land
Conservation Program
Coastal and
Estuarine Land
Conservation
Program Act.
SEC. 12501. SHORT TITLE.
16 USC 1451
note.
This Act may be cited as the ‘‘Coastal and Estuarine Land
Conservation Program Act’’.
SEC. 12502. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.) is amended by inserting after section 307 the following
new section:
‘‘AUTHORIZATION
OF THE COASTAL AND ESTUARINE LAND
CONSERVATION PROGRAM
16 USC 1456–1.
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‘‘SEC. 307A. (a) IN GENERAL.—The Secretary may conduct a
Coastal and Estuarine Land Conservation Program, in cooperation
with appropriate State, regional, and other units of government,
for the purposes of protecting important coastal and estuarine areas
that have significant conservation, recreation, ecological, historical,
or aesthetic values, or that are threatened by conversion from
their natural, undeveloped, or recreational state to other uses or
could be managed or restored to effectively conserve, enhance, or
restore ecological function. The program shall be administered by
the National Ocean Service of the National Oceanic and
Atmospheric Administration through the Office of Ocean and
Coastal Resource Management.
‘‘(b) PROPERTY ACQUISITION GRANTS.—The Secretary shall make
grants under the program to coastal states with approved coastal
zone management plans or National Estuarine Research Reserve
units for the purpose of acquiring property or interests in property
described in subsection (a) that will further the goals of—
‘‘(1) a Coastal Zone Management Plan or Program approved
under this title;
‘‘(2) a National Estuarine Research Reserve management
plan;
‘‘(3) a regional or State watershed protection or management plan involving coastal states with approved coastal zone
management programs; or
‘‘(4) a State coastal land acquisition plan that is consistent
with an approved coastal zone management program.
‘‘(c) GRANT PROCESS.—The Secretary shall allocate funds to
coastal states or National Estuarine Research Reserves under this
section through a competitive grant process in accordance with
guidelines that meet the following requirements:
‘‘(1) The Secretary shall consult with the coastal state’s
coastal zone management program, any National Estuarine
Research Reserve in that State, and the lead agency designated
by the Governor for coordinating the implementation of this
section (if different from the coastal zone management program).
‘‘(2) Each participating coastal state, after consultation with
local governmental entities and other interested stakeholders,
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123 STAT. 1443
shall identify priority conservation needs within the State, the
values to be protected by inclusion of lands in the program,
and the threats to those values that should be avoided.
‘‘(3) Each participating coastal state shall to the extent
practicable ensure that the acquisition of property or easements
shall complement working waterfront needs.
‘‘(4) The applicant shall identify the values to be protected
by inclusion of the lands in the program, management activities
that are planned and the manner in which they may affect
the values identified, and any other information from the landowner relevant to administration and management of the land.
‘‘(5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations.
‘‘(6) The governor, or the lead agency designated by the
governor for coordinating the implementation of this section,
where appropriate in consultation with the appropriate local
government, shall determine that the application is consistent
with the State’s or territory’s approved coastal zone plan, program, and policies prior to submittal to the Secretary.
‘‘(7)(A) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and
that have significant ecological value.
‘‘(B) Of the projects that meet the standard in subparagraph
(A), priority shall be given to lands that—
‘‘(i) are under an imminent threat of conversion to
a use that will degrade or otherwise diminish their natural,
undeveloped, or recreational state; and
‘‘(ii) serve to mitigate the adverse impacts caused by
coastal population growth in the coastal environment.
‘‘(8) In developing guidelines under this section, the Secretary shall consult with coastal states, other Federal agencies,
and other interested stakeholders with expertise in land
acquisition and conservation procedures.
‘‘(9) Eligible coastal states or National Estuarine Research
Reserves may allocate grants to local governments or agencies
eligible for assistance under section 306A(e).
‘‘(10) The Secretary shall develop performance measures
that the Secretary shall use to evaluate and report on the
program’s effectiveness in accomplishing its purposes, and shall
submit such evaluations to Congress triennially.
‘‘(d) LIMITATIONS AND PRIVATE PROPERTY PROTECTIONS.—
‘‘(1) A grant awarded under this section may be used to
purchase land or an interest in land, including an easement,
only from a willing seller. Any such purchase shall not be
the result of a forced taking under this section. Nothing in
this section requires a private property owner to participate
in the program under this section.
‘‘(2) Any interest in land, including any easement, acquired
with a grant under this section shall not be considered to
create any new liability, or have any effect on liability under
any other law, of any private property owner with respect
to any person injured on the private property.
‘‘(3) Nothing in this section requires a private property
owner to provide access (including Federal, State, or local
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Performance
measures.
Evaluations.
Deadline.
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Determination.
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Time period.
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government access) to or use of private property unless such
property or an interest in such property (including a conservation easement) has been purchased with funds made available
under this section.
‘‘(e) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this title modifies the authority of Federal, State, or
local governments to regulate land use.
‘‘(f) MATCHING REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary may not make a grant
under the program unless the Federal funds are matched by
non-Federal funds in accordance with this subsection.
‘‘(2) COST SHARE REQUIREMENT.—
‘‘(A) IN GENERAL.—Grant funds under the program
shall require a 100 percent match from other non-Federal
sources.
‘‘(B) WAIVER OF REQUIREMENT.—The Secretary may
grant a waiver of subparagraph (A) for underserved
communities, communities that have an inability to draw
on other sources of funding because of the small population
or low income of the community, or for other reasons the
Secretary deems appropriate and consistent with the purposes of the program.
‘‘(3) OTHER FEDERAL FUNDS.—Where financial assistance
awarded under this section represents only a portion of the
total cost of a project, funding from other Federal sources
may be applied to the cost of the project. Each portion shall
be subject to match requirements under the applicable provision
of law.
‘‘(4) SOURCE OF MATCHING COST SHARE.—For purposes of
paragraph (2)(A), the non-Federal cost share for a project may
be determined by taking into account the following:
‘‘(A) The value of land or a conservation easement
may be used by a project applicant as non-Federal match,
if the Secretary determines that—
‘‘(i) the land meets the criteria set forth in section
2(b) and is acquired in the period beginning 3 years
before the date of the submission of the grant application and ending 3 years after the date of the award
of the grant;
‘‘(ii) the value of the land or easement is held
by a non-governmental organization included in the
grant application in perpetuity for conservation purposes of the program; and
‘‘(iii) the land or easement is connected either physically or through a conservation planning process to
the land or easement that would be acquired.
‘‘(B) The appraised value of the land or conservation
easement at the time of the grant closing will be considered
and applied as the non-Federal cost share.
‘‘(C) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non- Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award, or, for
lands described in (A), within the same time limits
described therein. These costs may include either cash
or in-kind contributions.
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‘‘(g) RESERVATION OF FUNDS FOR NATIONAL ESTUARINE
RESEARCH RESERVE SITES.—No less than 15 percent of funds made
available under this section shall be available for acquisitions benefitting National Estuarine Research Reserves.
‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No more than 5 percent
of the funds made available to the Secretary under this section
shall be used by the Secretary for planning or administration of
the program. The Secretary shall provide a report to Congress
with an account of all expenditures under this section for fiscal
year 2009 and triennially thereafter.
‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED PROPERTY.—If any
property is acquired in whole or in part with funds made available
through a grant under this section, the grant recipient shall provide—
‘‘(1) such assurances as the Secretary may require that—
‘‘(A) the title to the property will be held by the grant
recipient or another appropriate public agency designated
by the recipient in perpetuity;
‘‘(B) the property will be managed in a manner that
is consistent with the purposes for which the land entered
into the program and shall not convert such property to
other uses; and
‘‘(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the current value
will be returned to the Secretary in accordance with
applicable Federal law for redistribution in the grant
process; and
‘‘(2) certification that the property (including any interest
in land) will be acquired from a willing seller.
‘‘(j) REQUIREMENT FOR PROPERTY USED FOR NON-FEDERAL
MATCH.—If the grant recipient elects to use any land or interest
in land held by a non-governmental organization as a non-Federal
match under subsection (g), the grant recipient must to the Secretary’s satisfaction demonstrate in the grant application that such
land or interest will satisfy the same requirements as the lands
or interests in lands acquired under the program.
‘‘(k) DEFINITIONS.—In this section:
‘‘(1) CONSERVATION EASEMENT.—The term ‘conservation
easement’ includes an easement or restriction, recorded deed,
or a reserve interest deed where the grantee acquires all rights,
title, and interest in a property, that do not conflict with
the goals of this section except those rights, title, and interests
that may run with the land that are expressly reserved by
a grantor and are agreed to at the time of purchase.
‘‘(2) INTEREST IN PROPERTY.—The term ‘interest in property’
includes a conservation easement.
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section
$60,000,000 for each of fiscal years 2009 through 2013.’’.
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Reports.
Deadline.
Certification.
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PUBLIC LAW 111–11—MAR. 30, 2009
TITLE XIII—MISCELLANEOUS
SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA
TRUST FUNDS.
(a) NORTH DAKOTA TRUST FUNDS.—The Act of February 22,
1889 (25 Stat. 676, chapter 180), is amended by adding at the
end the following:
‘‘SEC. 26. NORTH DAKOTA TRUST FUNDS.
‘‘(a) DISPOSITION.—Notwithstanding section 11, the State of
North Dakota shall, with respect to any trust fund in which proceeds
from the sale of public land are deposited under this Act (referred
to in this section as the ‘trust fund’)—
‘‘(1) deposit all revenues earned by a trust fund into the
trust fund;
‘‘(2) deduct the costs of administering a trust fund from
each trust fund; and
‘‘(3) manage each trust fund to—
‘‘(A) preserve the purchasing power of the trust fund;
and
‘‘(B) maintain stable distributions to trust fund beneficiaries.
‘‘(b) DISTRIBUTIONS.—Notwithstanding section 11, any distributions from trust funds in the State of North Dakota shall be made
in accordance with section 2 of article IX of the Constitution of
the State of North Dakota.
‘‘(c) MANAGEMENT OF PROCEEDS.—Notwithstanding section 13,
the State of North Dakota shall manage the proceeds referred
to in that section in accordance with subsections (a) and (b).
‘‘(d) MANAGEMENT OF LAND AND PROCEEDS.—Notwithstanding
sections 14 and 16, the State of North Dakota shall manage the
land granted under that section, including any proceeds from the
land, and make distributions in accordance with subsections (a)
and (b).’’.
(b) MANAGEMENT AND DISTRIBUTION OF MORRILL ACT
GRANTS.—The Act of July 2, 1862 (commonly known as the ‘‘First
Morrill Act’’) (7 U.S.C. 301 et seq.), is amended by adding at
the end the following:
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7 USC 309.
‘‘SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA.
‘‘(a) EXPENSES.—Notwithstanding section 3, the State of North
Dakota shall manage the land granted to the State under the
first section, including any proceeds from the land, in accordance
with this section.
‘‘(b) DISPOSITION OF PROCEEDS.—Notwithstanding section 4, the
State of North Dakota shall, with respect to any trust fund in
which proceeds from the sale of land under this Act are deposited
(referred to in this section as the ‘trust fund’)—
‘‘(1) deposit all revenues earned by a trust fund into the
trust fund;
‘‘(2) deduct the costs of administering a trust fund from
each trust fund; and
‘‘(3) manage each trust fund to—
‘‘(A) preserve the purchasing power of the trust fund;
and
‘‘(B) maintain stable distributions to trust fund beneficiaries.
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‘‘(c) DISTRIBUTIONS.—Notwithstanding section 4, any distributions from trust funds in the State of North Dakota shall be made
in accordance with section 2 of article IX of the Constitution of
the State of North Dakota.
‘‘(d) MANAGEMENT.—Notwithstanding section 5, the State of
North Dakota shall manage the land granted under the first section,
including any proceeds from the land, in accordance with this
section.’’.
(c) CONSENT OF CONGRESS.—Effective July 1, 2009, Congress
consents to the amendments to the Constitution of North Dakota
proposed by House Concurrent Resolution No. 3037 of the 59th
Legislature of the State of North Dakota entitled ‘‘A concurrent
resolution for the amendment of sections 1 and 2 of article IX
of the Constitution of North Dakota, relating to distributions from
and the management of the common schools trust fund and the
trust funds of other educational or charitable institutions; and
to provide a contingent effective date’’ and approved by the voters
of the State of North Dakota on November 7, 2006.
Effective date.
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SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND
IRRIGATION MITIGATION ACT OF 2000.
(a) PRIORITY PROJECTS.—Section 3(c)(3) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note;
Public Law 106–502) is amended by striking ‘‘$5,000,000’’ and
inserting ‘‘$2,500,000’’.
(b) COST SHARING.—Section 7(c) of Fisheries Restoration and
Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law
106–502) is amended—
(1) by striking ‘‘The value’’ and inserting the following:
‘‘(1) IN GENERAL.—The value’’; and
(2) by adding at the end the following:
‘‘(2) BONNEVILLE POWER ADMINISTRATION.—
‘‘(A) IN GENERAL.—The Secretary may, without further
appropriation and without fiscal year limitation, accept
any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration.
‘‘(B) NON-FEDERAL SHARE.—Any amounts provided by
the Bonneville Power Administration directly or through
a grant to another entity for a project carried under the
Program shall be credited toward the non-Federal share
of the costs of the project.’’.
(c) REPORT.—Section 9 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–
502) is amended—
(1) by inserting ‘‘any’’ before ‘‘amounts are made’’; and
(2) by inserting after ‘‘Secretary shall’’ the following: ‘‘,
after partnering with local governmental entities and the States
in the Pacific Ocean drainage area,’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C.
777 note; Public Law 106–502) is amended—
(1) in subsection (a), by striking ‘‘2001 through 2005’’ and
inserting ‘‘2009 through 2015’’; and
(2) in subsection (b), by striking paragraph (2) and inserting
the following:
‘‘(2) ADMINISTRATIVE EXPENSES.—
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‘‘(A) DEFINITION OF ADMINISTRATIVE EXPENSE.—In this
paragraph, the term ‘administrative expense’ means, except
as provided in subparagraph (B)(iii)(II), any expenditure
relating to—
‘‘(i) staffing and overhead, such as the rental of
office space and the acquisition of office equipment;
and
‘‘(ii) the review, processing, and provision of
applications for funding under the Program.
‘‘(B) LIMITATION.—
‘‘(i) IN GENERAL.—Not more than 6 percent of
amounts made available to carry out this Act for each
fiscal year may be used for Federal and State administrative expenses of carrying out this Act.
‘‘(ii) FEDERAL AND STATE SHARES.—To the maximum extent practicable, of the amounts made available for administrative expenses under clause (i)—
‘‘(I) 50 percent shall be provided to the State
agencies provided assistance under the Program;
and
‘‘(II) an amount equal to the cost of 1 fulltime equivalent Federal employee, as determined
by the Secretary, shall be provided to the Federal
agency carrying out the Program.
‘‘(iii) STATE EXPENSES.—Amounts made available
to States for administrative expenses under clause (i)—
‘‘(I) shall be divided evenly among all States
provided assistance under the Program; and
‘‘(II) may be used by a State to provide technical assistance relating to the program, including
any staffing expenditures (including staff travel
expenses) associated with—
‘‘(aa) arranging meetings to promote the
Program to potential applicants;
‘‘(bb) assisting applicants with the
preparation of applications for funding under
the Program; and
‘‘(cc) visiting construction sites to provide
technical assistance, if requested by the
applicant.’’.
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SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE
ACT.
Section 107(a) of the Alaska Natural Gas Pipeline Act (15
U.S.C. 720e(a)) is amended by striking paragraph (3) and inserting
the following:
‘‘(3) the validity of any determination, permit, approval,
authorization, review, or other related action taken under any
provision of law relating to a gas transportation project constructed and operated in accordance with section 103,
including—
‘‘(A) subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
‘Administrative Procedure Act’);
‘‘(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
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‘‘(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
‘‘(D) the National Historic Preservation Act (16 U.S.C.
470 et seq.); and
‘‘(E) the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.).’’.
SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT
OF ENERGY.
(a) IN GENERAL.—Section 203(a) of the Department of Energy
Organization Act (42 U.S.C. 7133(a)) is amended in the first sentence by striking ‘‘7 Assistant Secretaries’’ and inserting ‘‘8 Assistant Secretaries’’.
(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United
States Code, is amended by striking ‘‘Assistant Secretaries of
Energy (7)’’ and inserting ‘‘Assistant Secretaries of Energy (8)’’.
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SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTITUTE.
New Mexico.
(a) DEFINITIONS.—In this section:
(1) INSTITUTE.—The term ‘‘Institute’’ means the Lovelace
Respiratory Research Institute, a nonprofit organization chartered under the laws of the State of New Mexico.
(2) MAP.—The term ‘‘map’’ means the map entitled
‘‘Lovelace Respiratory Research Institute Land Conveyance’’
and dated March 18, 2008.
(3) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Energy, with respect to matters
concerning the Department of Energy;
(B) the Secretary of the Interior, with respect to matters concerning the Department of the Interior; and
(C) the Secretary of the Air Force, with respect to
matters concerning the Department of the Air Force.
(4) SECRETARY OF ENERGY.—The term ‘‘Secretary of Energy’’
means the Secretary of Energy, acting through the Administrator for the National Nuclear Security Administration.
(b) CONVEYANCE OF LAND.—
(1) IN GENERAL.—Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to valid
existing rights and this section, the Secretary of Energy, in
consultation with the Secretary of the Interior and the Secretary of the Air Force, may convey to the Institute, on behalf
of the United States, all right, title, and interest of the United
States in and to the parcel of land described in paragraph
(2) for research, scientific, or educational use.
(2) DESCRIPTION OF LAND.—The parcel of land referred
to in paragraph (1)—
(A) is the approximately 135 acres of land identified
as ‘‘Parcel A’’ on the map;
(B) includes any improvements to the land described
in subparagraph (A); and
(C) excludes any portion of the utility system and
infrastructure reserved by the Secretary of the Air Force
under paragraph (4).
(3) OTHER FEDERAL AGENCIES.—The Secretary of the
Interior and the Secretary of the Air Force shall complete
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123 STAT. 1450
PUBLIC LAW 111–11—MAR. 30, 2009
any real property actions, including the revocation of any Federal withdrawals of the parcel conveyed under paragraph (1)
and the parcel described in subsection (c)(1), that are necessary
to allow the Secretary of Energy to—
(A) convey the parcel under paragraph (1); or
(B) transfer administrative jurisdiction under subsection (c).
(4) RESERVATION OF UTILITY INFRASTRUCTURE AND
ACCESS.—The Secretary of the Air Force may retain ownership
and control of—
(A) any portions of the utility system and infrastructure located on the parcel conveyed under paragraph (1);
and
(B) any rights of access determined to be necessary
by the Secretary of the Air Force to operate and maintain
the utilities on the parcel.
(5) RESTRICTIONS ON USE.—
(A) AUTHORIZED USES.—The Institute shall allow only
research, scientific, or educational uses of the parcel conveyed under paragraph (1).
(B) REVERSION.—
(i) IN GENERAL.—If, at any time, the Secretary
of Energy, in consultation with the Secretary of the
Air Force, determines, in accordance with clause (ii),
that the parcel conveyed under paragraph (1) is not
being used for a purpose described in subparagraph
(A)—
(I) all right, title, and interest in and to the
entire parcel, or any portion of the parcel not being
used for the purposes, shall revert, at the option
of the Secretary, to the United States; and
(II) the United States shall have the right
of immediate entry onto the parcel.
(ii) REQUIREMENTS FOR DETERMINATION.—Any
determination of the Secretary under clause (i) shall
be made on the record and after an opportunity for
a hearing.
(6) COSTS.—
(A) IN GENERAL.—The Secretary of Energy shall require
the Institute to pay, or reimburse the Secretary concerned,
for any costs incurred by the Secretary concerned in carrying out the conveyance under paragraph (1), including
any survey costs related to the conveyance.
(B) REFUND.—If the Secretary concerned collects
amounts under subparagraph (A) from the Institute before
the Secretary concerned incurs the actual costs, and the
amount collected exceeds the actual costs incurred by the
Secretary concerned to carry out the conveyance, the Secretary concerned shall refund to the Institute an amount
equal to difference between—
(i) the amount collected by the Secretary concerned; and
(ii) the actual costs incurred by the Secretary concerned.
(C) DEPOSIT IN FUND.—
(i) IN GENERAL.—Amounts received by the United
States under this paragraph as a reimbursement or
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1451
recovery of costs incurred by the Secretary concerned
to carry out the conveyance under paragraph (1) shall
be deposited in the fund or account that was used
to cover the costs incurred by the Secretary concerned
in carrying out the conveyance.
(ii) USE.—Any amounts deposited under clause (i)
shall be available for the same purposes, and subject
to the same conditions and limitations, as any other
amounts in the fund or account.
(7) CONTAMINATED LAND.—In consideration for the conveyance of the parcel under paragraph (1), the Institute shall—
(A) take fee title to the parcel and any improvements
to the parcel, as contaminated;
(B) be responsible for undertaking and completing all
environmental remediation required at, in, under, from,
or on the parcel for all environmental conditions relating
to or arising from the release or threat of release of waste
material, substances, or constituents, in the same manner
and to the same extent as required by law applicable
to privately owned facilities, regardless of the date of the
contamination or the responsible party;
(C) indemnify the United States for—
(i) any environmental remediation or response
costs the United States reasonably incurs if the
Institute fails to remediate the parcel; or
(ii) contamination at, in, under, from, or on the
land, for all environmental conditions relating to or
arising from the release or threat of release of waste
material, substances, or constituents;
(D) indemnify, defend, and hold harmless the United
States from any damages, costs, expenses, liabilities, fines,
penalties, claim, or demand for loss, including claims for
property damage, personal injury, or death resulting from
releases, discharges, emissions, spills, storage, disposal, or
any other acts or omissions by the Institute and any officers, agents, employees, contractors, sublessees, licensees,
successors, assigns, or invitees of the Institute arising from
activities conducted, on or after October 1, 1996, on the
parcel conveyed under paragraph (1); and
(E) reimburse the United States for all legal and
attorney fees, costs, and expenses incurred in association
with the defense of any claims described in subparagraph
(D).
(8) CONTINGENT ENVIRONMENTAL RESPONSE OBLIGATIONS.—
If the Institute does not undertake or complete environmental
remediation as required by paragraph (7) and the United States
is required to assume the responsibilities of the remediation,
the Secretary of Energy shall be responsible for conducting
any necessary environmental remediation or response actions
with respect to the parcel conveyed under paragraph (1).
(9) NO ADDITIONAL COMPENSATION.—Except as otherwise
provided in this section, no additional consideration shall be
required for conveyance of the parcel to the Institute under
paragraph (1).
(10) ACCESS AND UTILITIES.—On conveyance of the parcel
under paragraph (1), the Secretary of the Air Force shall,
on behalf of the United States and subject to any terms and
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123 STAT. 1452
PUBLIC LAW 111–11—MAR. 30, 2009
conditions as the Secretary determines to be necessary
(including conditions providing for the reimbursement of costs),
provide the Institute with—
(A) access for employees and invitees of the Institute
across Kirtland Air Force Base to the parcel conveyed
under that paragraph; and
(B) access to utility services for the land and any
improvements to the land conveyed under that paragraph.
(11) ADDITIONAL TERM AND CONDITIONS.—The Secretary
of Energy, in consultation with the Secretary of the Interior
and Secretary of the Air Force, may require any additional
terms and conditions for the conveyance under paragraph (1)
that the Secretaries determine to be appropriate to protect
the interests of the United States.
(c) TRANSFER OF ADMINISTRATIVE JURISDICTION.—
(1) IN GENERAL.—After the conveyance under subsection
(b)(1) has been completed, the Secretary of Energy shall, on
request of the Secretary of the Air Force, transfer to the Secretary of the Air Force administrative jurisdiction over the
parcel of approximately 7 acres of land identified as ‘‘Parcel
B’’ on the map, including any improvements to the parcel.
(2) REMOVAL OF IMPROVEMENTS.—In concurrence with the
transfer under paragraph (1), the Secretary of Energy shall,
on request of the Secretary of the Air Force, arrange and
pay for removal of any improvements to the parcel transferred
under that paragraph.
SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL
TROPICAL BOTANICAL GARDEN.
Chapter 1535 of title 36, United States Code, is amended by
adding at the end the following:
‘‘§ 153514. Authorization of appropriations
‘‘(a) IN GENERAL.—Subject to subsection (b), there is authorized
to be appropriated to the corporation for operation and maintenance
expenses $500,000 for each of fiscal years 2008 through 2017.
‘‘(b) LIMITATION.—Any Federal funds made available under subsection (a) shall be matched on a 1-to-1 basis by non-Federal funds.’’.
TITLE XIV—CHRISTOPHER AND DANA
REEVE PARALYSIS ACT
Christopher and
Dana Reeve
Paralysis Act.
42 USC 201 note.
SEC. 14001. SHORT TITLE.
This title may be cited as the ‘‘Christopher and Dana Reeve
Paralysis Act’’.
Subtitle A—Paralysis Research
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42 USC 284o.
SEC. 14101. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
WITH RESPECT TO RESEARCH ON PARALYSIS.
of
to
to
of
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(a) COORDINATION.—The Director of the National Institutes
Health (referred to in this title as the ‘‘Director’’), pursuant
the general authority of the Director, may develop mechanisms
coordinate the paralysis research and rehabilitation activities
the Institutes and Centers of the National Institutes of Health
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1453
in order to further advance such activities and avoid duplication
of activities.
(b) CHRISTOPHER AND DANA REEVE PARALYSIS RESEARCH CONSORTIA.—
(1) IN GENERAL.—The Director may make awards of grants
to public or private entities to pay all or part of the cost
of planning, establishing, improving, and providing basic operating support for consortia in paralysis research. The Director
shall designate each consortium funded through such grants
as a Christopher and Dana Reeve Paralysis Research Consortium.
(2) RESEARCH.—Each consortium under paragraph (1)—
(A) may conduct basic, translational, and clinical paralysis research;
(B) may focus on advancing treatments and developing
therapies in paralysis research;
(C) may focus on one or more forms of paralysis that
result from central nervous system trauma or stroke;
(D) may facilitate and enhance the dissemination of
clinical and scientific findings; and
(E) may replicate the findings of consortia members
or other researchers for scientific and translational purposes.
(3) COORDINATION OF CONSORTIA; REPORTS.—The Director
may, as appropriate, provide for the coordination of information
among consortia under paragraph (1) and ensure regular
communication among members of the consortia, and may
require the periodic preparation of reports on the activities
of the consortia and the submission of the reports to the
Director.
(4) ORGANIZATION OF CONSORTIA.—Each consortium under
paragraph (1) may use the facilities of a single lead institution,
or be formed from several cooperating institutions, meeting
such requirements as may be prescribed by the Director.
(c) PUBLIC INPUT.—The Director may provide for a mechanism
to educate and disseminate information on the existing and planned
programs and research activities of the National Institutes of Health
with respect to paralysis and through which the Director can receive
comments from the public regarding such programs and activities.
Designation.
Subtitle B—Paralysis Rehabilitation
Research and Care
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SEC. 14201. ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH
WITH RESPECT TO RESEARCH WITH IMPLICATIONS FOR
ENHANCING DAILY FUNCTION FOR PERSONS WITH
PARALYSIS.
42 USC 284p.
(a) IN GENERAL.—The Director, pursuant to the general
authority of the Director, may make awards of grants to public
or private entities to pay all or part of the costs of planning,
establishing, improving, and providing basic operating support to
multicenter networks of clinical sites that will collaborate to design
clinical rehabilitation intervention protocols and measures of outcomes on one or more forms of paralysis that result from central
nervous system trauma, disorders, or stroke, or any combination
of such conditions.
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123 STAT. 1454
PUBLIC LAW 111–11—MAR. 30, 2009
(b) RESEARCH.—A multicenter network of clinical sites funded
through this section may—
(1) focus on areas of key scientific concern, including—
(A) improving functional mobility;
(B) promoting behavioral adaptation to functional
losses, especially to prevent secondary complications;
(C) assessing the efficacy and outcomes of medical
rehabilitation therapies and practices and assisting technologies;
(D) developing improved assistive technology to
improve function and independence; and
(E) understanding whole body system responses to
physical impairments, disabilities, and societal and functional limitations; and
(2) replicate the findings of network members or other
researchers for scientific and translation purposes.
(c) COORDINATION OF CLINICAL TRIALS NETWORKS; REPORTS.—
The Director may, as appropriate, provide for the coordination
of information among networks funded through this section and
ensure regular communication among members of the networks,
and may require the periodic preparation of reports on the activities
of the networks and submission of reports to the Director.
Subtitle C—Improving Quality of Life for
Persons With Paralysis and Other Physical Disabilities
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42 USC 280g–9.
SEC. 14301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS
WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES.
(a) IN GENERAL.—The Secretary of Health and Human Services
(in this subtitle referred to as the ‘‘Secretary’’) may study the
unique health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve
the quality of life and long-term health status of persons with
paralysis and other physical disabilities. The Secretary may carry
out such projects directly and through awards of grants or contracts.
(b) CERTAIN ACTIVITIES.—Activities under subsection (a) may
include—
(1) the development of a national paralysis and physical
disability quality of life action plan, to promote health and
wellness in order to enhance full participation, independent
living, self-sufficiency, and equality of opportunity in partnership with voluntary health agencies focused on paralysis and
other physical disabilities, to be carried out in coordination
with the State-based Disability and Health Program of the
Centers for Disease Control and Prevention;
(2) support for programs to disseminate information
involving care and rehabilitation options and quality of life
grant programs supportive of community-based programs and
support systems for persons with paralysis and other physical
disabilities;
(3) in collaboration with other centers and national voluntary health agencies, the establishment of a population-based
database that may be used for longitudinal and other research
on paralysis and other disabling conditions; and
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PUBLIC LAW 111–11—MAR. 30, 2009
123 STAT. 1455
(4) the replication and translation of best practices and
the sharing of information across States, as well as the development of comprehensive, unique, and innovative programs, services, and demonstrations within existing State-based disability
and health programs of the Centers for Disease Control and
Prevention which are designed to support and advance quality
of life programs for persons living with paralysis and other
physical disabilities focusing on—
(A) caregiver education;
(B) promoting proper nutrition, increasing physical
activity, and reducing tobacco use;
(C) education and awareness programs for health care
providers;
(D) prevention of secondary complications;
(E) home- and community-based interventions;
(F) coordinating services and removing barriers that
prevent full participation and integration into the community; and
(G) recognizing the unique needs of underserved populations.
(c) GRANTS.—The Secretary may award grants in accordance
with the following:
(1) To State and local health and disability agencies for
the purpose of—
(A) establishing a population-based database that may
be used for longitudinal and other research on paralysis
and other disabling conditions;
(B) developing comprehensive paralysis and other
physical disability action plans and activities focused on
the items listed in subsection (b)(4);
(C) assisting State-based programs in establishing and
implementing partnerships and collaborations that maximize the input and support of people with paralysis and
other physical disabilities and their constituent organizations;
(D) coordinating paralysis and physical disability
activities with existing State-based disability and health
programs;
(E) providing education and training opportunities and
programs for health professionals and allied caregivers;
and
(F) developing, testing, evaluating, and replicating
effective intervention programs to maintain or improve
health and quality of life.
(2) To private health and disability organizations for the
purpose of—
(A) disseminating information to the public;
(B) improving access to services for persons living with
paralysis and other physical disabilities and their caregivers;
(C) testing model intervention programs to improve
health and quality of life; and
(D) coordinating existing services with State-based disability and health programs.
(d) COORDINATION OF ACTIVITIES.—The Secretary shall ensure
that activities under this section are coordinated as appropriate
by the agencies of the Department of Health and Human Services.
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PUBLIC LAW 111–11—MAR. 30, 2009
(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there is authorized to be appropriated
$25,000,000 for each of fiscal years 2008 through 2011.
TITLE XV—SMITHSONIAN INSTITUTION
FACILITIES AUTHORIZATION
20 USC 50 note.
SEC. 15101. LABORATORY AND SUPPORT SPACE, EDGEWATER, MARYLAND.
(a) AUTHORITY TO DESIGN AND CONSTRUCT.—The Board of
Regents of the Smithsonian Institution is authorized to design
and construct laboratory and support space to accommodate the
Mathias Laboratory at the Smithsonian Environmental Research
Center in Edgewater, Maryland.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section a total of $41,000,000
for fiscal years 2009 through 2011. Such sums shall remain available until expended.
20 USC 50 note.
SEC. 15102. LABORATORY SPACE, GAMBOA, PANAMA.
(a) AUTHORITY TO CONSTRUCT.—The Board of Regents of the
Smithsonian Institution is authorized to construct laboratory space
to accommodate the terrestrial research program of the Smithsonian
tropical research institute in Gamboa, Panama.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section a total of $14,000,000
for fiscal years 2009 and 2010. Such sums shall remain available
until expended.
Maryland.
20 USC 50 note.
SEC. 15103. CONSTRUCTION OF GREENHOUSE FACILITY.
(a) IN GENERAL.—The Board of Regents of the Smithsonian
Institution is authorized to construct a greenhouse facility at its
museum support facility in Suitland, Maryland, to maintain the
horticultural operations of, and preserve the orchid collection held
in trust by, the Smithsonian Institution.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated $12,000,000 to carry out this section. Such
sums shall remain available until expended.
Approved March 30, 2009.
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LEGISLATIVE HISTORY—H.R. 146:
CONGRESSIONAL RECORD, Vol. 155 (2009):
Mar. 2, 3, considered and passed House.
Mar. 17–19, considered and passed Senate, amended.
Mar. 25, House concurred in Senate amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009):
Mar. 30, Presidential remarks and statement.
Æ
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| File Type | application/pdf |
| File Title | PUBL011.PS |
| File Modified | 2012-03-20 |
| File Created | 2009-05-15 |