To require the Director of the Office of Management and Budget to determine on an annual basis the quantity of land that is owned by the Federal Government and the cost to taxpayers of the ownership of the land.

CONSOLIDATED NATURAL RESOURCES ACT OF 2008

The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to consideration of S. 2739, which the clerk will report.

[[Page S2862]]

The assistant legislative clerk read as follows:

A bill (S. 2739) to authorize certain programs and
activities in the Department of the Interior, the Forest
Service, and the Department of Energy, to implement further
the Act approving the Covenant to Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the
United States of America, to amend the Compact of Free
Association Amendments Act of 2003, and for other purposes.

Mr. BINGAMAN. Mr. President, I know my colleague from New Mexico will
be here in a few minutes and wishes to make a statement in support of
the legislation that is before us now. I will start by making my own
statement, a general statement about it. I know Senator Wyden also is
here on the Senate floor and wishes to speak on this issue and on this
legislation. I know, of course, Senator Coburn is also very nearby and
wishes to make a statement as well.
The Senate will consider at this time S. 2739. It is a collection of
over 60 noncontroversial bills that have been reported from the Energy
and Natural Resources Committee dealing with various public land,
national park, water, and territorial issues.
Let me start by thanking Senator Reid, our majority leader, for
making it possible for us to proceed with this bill at this time. This
has been a priority of his for several months now, to get this
legislation before the Senate. He deserves great credit for doing that.
All of the individual bills included in S. 2739 have been passed by
the House of Representatives and virtually all of the bills--or their
Senate companion measures--have also been favorably reported by the
Energy and Natural Resources Committee. The committee votes on
reporting these bills have been unanimous.
Typically, these bills would be considered individually and passed
under a unanimous consent agreement. Unfortunately, as most Senators
are aware, it has become virtually impossible to get unanimous consent
to pass anything this year. So despite the fact these bills generally
deal with State-specific issues and have the strong support of the
affected congressional delegation, and despite the fact that these
bills are noncontroversial--having passed the House of Representatives
and having been reported by the Energy and Natural Resources Committee
with overwhelming bipartisan support--we have not been able to get them
cleared.
In an attempt to move these bills forward, last month I introduced S.
2739, which simply incorporates every bill our committee has reported
that has also been passed by the House of Representatives. The package
includes roughly an equal mix of Democratic-sponsored bills,
Republican-sponsored bills, and bills with bipartisan sponsors. As I
have already noted, since these bills have been reported out of the
Energy and Natural Resources Committee by unanimous votes, there really
are not any outstanding issues in dispute. Many of the individual bills
that are included in this package have been on the Senate calendar for
several months; in fact several were reported by our committee and have
been pending on the calendar since January of last year--not January of
2008 but January of 2007. A number of the bills have been approved by
the Senate--by unanimous consent, I might add--in previous Congresses,
in some cases in several previous Congresses.
While the individual bills in this package may not be controversial,
they are nonetheless very important to the individual sponsors, and the
Senate has an obligation to try and pass these bills. I would like to
take a few minutes to briefly identify some of the provisions included
within S. 2739.
The bills included within S. 2739 encompass lands and activities in
over 30 States and the District of Columbia. The first provision in the
package is Senator Murray's and Senator Cantwell's proposal to
designate the 106,000-acre Wild Sky wilderness in Washington State,
which the Senate has passed in each of the last three previous
Congresses. The Wild Sky wilderness is an important addition to the
National Wilderness Preservation, and has strong local and national
support.
Another provision in the bill includes language sponsored by Senators
Wyden and Akaka to give the National Park Service important new
authority to enter into cooperative agreements to protect threatened
natural resources in national parks.
S. 2739 also includes additions to the Minidoka National Monument in
Idaho and Washington State, the Carl Sandburg National Historic Site in
North Carolina, and the Lowell National Historical Park in
Massachusetts, and the bill provides the National Park Service with
important new authorities at Acadia National Park in Maine and Denali
National Park in Alaska.
It authorizes studies of potential new parks in Missouri, Texas,
Arkansas, California, Arizona, and Massachusetts to assess whether any
would be appropriate for addition to the National Park System, and it
establishes commissions to commemorate significant anniversaries of the
Hudson and Champlain expeditions in what are now the northeastern
United States.
S. 2739 would designate two new Outstanding Natural Areas to be
managed by the Bureau of Land Management: the Piedras Blancas Historic
Light Station in California, and the Jupiter Inlet Lighthouse in
Florida. It also allows for BLM land in Nevada to be transferred for
use by the Nevada National Guard.
The package includes a new addition to the Wild and Scenic River
System in Connecticut, and a new addition to the National Trails
System, the ``Star-Spangled Banner'' National Historic Trail in
Virginia and Maryland.
The bill includes authorizations related to new commemorative works
in the District of Columbia, including one honoring President
Eisenhower, and establishes a commission to study the potential
creation of a National Museum of the American Latino, here in
Washington.
S. 2739 would establish three new National Heritage Areas: the
Abraham Lincoln National Heritage Area in Illinois; the Niagara Falls
National Heritage Area in New York, and the multi-State Journey Through
Hallowed Ground National Heritage Area in Virginia, Maryland, West
Virginia, and Pennsylvania, and it authorizes studies of potential new
heritage areas in Oregon and Kentucky. It would also increase the
authorization ceiling for several existing heritage areas.
This bill will help address the water resource challenges facing many
regions of the country. There are 16 provisions in the bill affecting
States west-wide, including sections that will promote partnerships
between the Federal Government, States, and local entities in the area
of water, including paying for security costs at Bureau of Reclamation
facilities; ensure a better understanding of groundwater resources;
facilitate a feasibility study of serious proposals to address water
shortages and avoid litigation; transfer Federal property to local
ownership and eliminate Federal restrictions impeding water
conservation projects; promote water recycling activities; and
authorize Federal participation in the Platte River Endangered Species
Recovery Program, which is strongly supported in Colorado, Nebraska,
and Wyoming.
Given the critical nature of many of these items, it's important that
these water-related authorities be enacted as soon as possible.
S. 2379 also reauthorizes two energy programs at the Department of
Energy. One clarifies the Secretary of Energy's authority to make
grants to advanced energy efficiency technology transfer centers under
the Energy Policy Act of2005, and the other reauthorizes the Steel and
Aluminum Energy Conservation and Technology Competitiveness Act of
1988.
The package contains two important measures related to the
territories. The first involves the Commonwealth of the Northern
Mariana Islands--CNMI--to respond to longstanding Federal concerns
regarding immigration, labor, and law enforcement--concerns that are
greatly heightened following the September 11 attacks. This bill
culminates 11 years of congressional and executive branch efforts to
extend the U.S. immigration laws to the CNMI including the
establishment of Federal border control as anticipated by the 1976
covenant agreement between the CNMI and the United States. The bill
also includes special provisions to meet the special needs of the
islands' economy. The citizens of the CNMI have been U.S. citizens and
members of the U.S. family for over 20 years, but they have been unable
to participate in

[[Page S2863]]

American democracy as have the other territories. S. 2793 rectifies
this by authorizing the election of a Delegate from the CNMI to the
House of Representatives, a necessary step if we are to keep faith with
our Nation's founding principle of representative government.
The final title of S. 2739 would make numerous amendments to the
Compacts of Free Association between the United States and the Pacific
island nations of the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau.
As lengthy as that summary of the provisions in S. 2739 was, it
reflects only a portion of the bills that have been considered in the
Energy and Natural Resources Committee this Congress. This package
reflects only a first step of Energy Committee bills that need to be
considered this year. As soon as S. 2739 is passed, I will assemble a
second package, with a similar number of bills, containing legislation
that has been approved by our committee, but which has not yet come
over from the other body. Like this package, the second bill will be a
wide-ranging collection of authorizing measures.
But regardless of whether the individual items in that package are
large or small, all these bills will have been reported by our
committee after a full public process. I know many Senators who have
bills that will be, in fact, in that second package rather than in this
first package and are eager for us to move ahead. I would point out the
New Mexico-specific bills I have sponsored will be in that second
package; they are not in the legislation before us today. So I share in
that desire to move expeditiously, and I look forward to working with
Senator Domenici and the majority leader and, of course, the Republican
Leader as well to try to get that second package ready for floor
consideration as soon as possible.
Senate rule XLIV requires the chairman of the committee of
jurisdiction to certify that each Congressionally directed spending
item in any bill coming before the Senate has been identified and
disclosed on a publicly accessible Congressional Web site. The rule
defines ``congressionally directed spending items'' as spending items
``included primarily at the request of a Senator.''
Although I included none of the House-passed bills in S. 2739,
primarily at the request of a Senator, in the interests of full
disclosure I have provided a list of all spending authorizations for
specific amounts targeted to specific localities contained in S. 2739,
along with the name of the sponsor of the Senate companion of the
House-passed bill.
This list has been made available on the Web site of the Committee of
Energy and Natural Resources since March 11 and was previously printed
in the Congressional Record on March 11, at page S. 1869.
In addition, I ask unanimous consent that the list, along with my
letter to the Majority Leader accompanying the list, be printed in the
Record for the information of all Senators.
There being no objection, the material was ordered to be printed in
the Record, as follows:

U.S. Senate, Committee on Energy and Natural Resources,
Washington, DC, March 11, 2008.
Hon. Harry Reid,
Majority Leader, U.S. Senate,
Washington, DC.
Dear Mr. Leader: S. 2739, the Consolidated Natural
Resources Act of 2008, which I introduced yesterday, is a
collection of 62 separate legislative measures under the
jurisdiction of the Committee on Energy and Natural
Resources. The purpose of the bill is to facilitate
consideration in the Senate of the large and growing number
of measures relating to protection of natural resources and
preservation of our historic heritage that have been passed
by the House of Representatives and approved by the Committee
on Energy and Natural Resources. Forty-three of the measures
in S. 2739 consist of the text of separate bills passed by
the House of Representatives, twelve are drawn from separate
titles, subtitles, or sections of two other House-passed
bills, and two are House-passed concurrent resolutions. Only
one provision, section 482, contains new matter that has not
passed the House of Representatives.
While S. 2739 incorporates a number of provisions of S.
2483, the National Forests, Parks, Public Land, and
Reclamation Projects Authorization Act of 2007, which I
introduced three months ago, on December 14, 2007, there are
a number of differences between the bills that are dictated
by the amount of time that has elapsed since last December
and by action that has since taken place in the House of
Representatives. Two of the sections included in S. 2483 last
December were subsequently enacted into law as part of the
Consolidated Appropriations Act, 2008, Public Law 110-161,
and, accordingly, have been left out of S. 2739. Eight new
provisions, drawn from eight separate House bills or
resolutions, have been added. Two of the effective dates in
title VIII of S. 2483 have been extended in S. 2739 in light
of the passage of time since S. 2483 was introduced. In
addition, minor modifications were made in a few other
provisions.
Although S. 2739 has not been referred to the Committee on
Energy and Natural Resources, all of the House bills that
make up S. 2739 or their Senate companions have either been
reported or ordered reported by the Committee.
Rule XLIV of the Standing Rules of the Senate provides
that, before proceeding to the consideration of a bill, the
chairman of the committee of jurisdiction must certify that
each congressionally designated spending item in the bill and
the name of the Senator requesting it has been identified and
posted on a publicly accessible website. The term
``congressionally designated spending item'' is broadly
defined, in pertinent part, to include ``a provision ...
included primarily at the request of a Senator . . .
authorizing . . . a specific amount of discretionary budget
authority . . . for . . . expenditure with or to an entity,
or targeted to a specific State, locality or Congressional
district, other than through a statutory or administrative
formula-driven or competitive award process.''
Fifteen of the House-passed measures incorporated into S.
2739 contain provisions authorizing the appropriation of
specific amounts targeted to specific entities or localities.
These authorizations are included in S. 2739 because they are
part of the text of the House-passed bills. No Senator
submitted a request to me to include them.
In the interest of furthering the transparency and
accountability of the legislative process, however, I have
posted a list of the specific authorizations in S. 2739 on
the Committee on Energy and Natural Resources' website. The
list includes the name of the principal sponsor of the Senate
companion measure that corresponds to the House-passed bill.
A copy of the list is attached for your convenience.
I previously asked the principal sponsor of the Senate
companion measure of each House bill contained in S. 2483 to
certify that neither the Senator nor the Senator's immediate
family has a pecuniary interest in the item, and have posted
the certifications I have received on the Committee's
website. All certifications received in relation to S. 2483
remain on the Committee's website, where they are available
for public inspection in accordance with paragraph 6 of Rule
XLIV. I have not received any requests for new
congressionally directed spending items to be included in S.
2739.
Thus, in accordance with Rule XLIV of the Standing Rules of
the Senate, I hereby certify that each congressionally
directed spending item in S. 2739 has been identified through
a list and that the list was posted on the Committee's
publicly accessible website at approximately 3 p.m. on March
11, 2008.
Sincerely,
Jeff Bingaman,
Chairman.
____

Committee on Energy and Natural Resources Congressionally Directed
Spending Item Certification Pursuant To Rule XLIV of the Standing Rules
of the Senate

S. 2739--THE CONSOLIDATED NATURAL RESOURCES ACT OF 2008

Provisions in S. 2739 authorizing appropriations in a
specific amount for expenditure with or to an entity or
targeted to a specific State, locality, or congressional
district, other than through a statutory or administrative
formula-driven or competitive award process:

----------------------------------------------------------------------------------------------------------------
Principal sponsor  of
Section                   Program or entity             State                  Senate bill
----------------------------------------------------------------------------------------------------------------
314(c).............................  Acadia National Park..  ME....................  Collins.
333(e).............................  American Latino Museum  DC....................  Salazar.
Commission.
334(j).............................  Hudson-Fulton and       NY & VT...............  Clinton.
Champlain Commissions.
342(1).............................  Lewis & Clark Visitor   NE....................  Hagel.
Center.
409................................  Hallowed Ground         VA....................  Warner.
National Heritage
Area.
430................................  Niagara Falls National  NY....................  Schumer.
Heritage Area.
449................................  Abraham Lincoln         IL....................  Durbin.
National Heritage
Area.
461................................  Multiple National       OH, PA, MA, SC........  Voinovich
Heritage Areas.        WV, TN, GA, IA, & NY..  none.
504(d).............................  Watkins Dam...........  UT....................  Hatch.
505................................  New Mexico water        NM....................  Domenici.
planning assistance.

[[Page S2864]]

509................................  Multiple Oregon water   OR....................  Smith/Wyden.
projects.
511................................  Eastern Municipal       CA....................  Feinstein.
Water District.
512................................  Bay Area water          CA....................  Feinstein.
recycling program.
515(b)(6)..........................  Platte River..........  NE. WY, CO............  Nelson (of NE).
516(c).............................  Central Oklahoma        OK....................  Inhofe.
Master Conservancy
District.
----------------------------------------------------------------------------------------------------------------

Mr. BINGAMAN. While I have previously tried to describe all the
provisions in the package, I believe the individual sponsors can better
describe the merits of some of their specific provisions. I am sure
many of them will want to do so.
Passage of S. 2739 will not only allow us to send this to the House
and then to the President, it will also allow us to move forward and
address the many legislative pending requests within our Energy and
Natural Resources Committee that have been awaiting consideration
behind this bill.
I think it is important to remember all the individual provisions
included in the package were previously approved by the House of
Representatives. I know in a few minutes the Senate will also be
considering four amendments that have not been approved either in the
House or by our Energy and Natural Resources Committee.
To ensure that we do not jeopardize the enactment of S. 2739, I will
be opposing all those amendments, and I will urge my colleagues to do
so as well, so we can finally pass this bill in a form the House can
quickly pass and send to the President for his signature.
As I indicated before, I know Senator Domenici wishes to make a
statement.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Mr. President, I wish to thank Senator Bingaman.
I rise today in support of S. 2739, the Consolidated Natural
Resources Act of 2008. This bill is a collection of 62 individual
measures that were in the Energy and Natural Resources Committee that
have been considered favorably and reported to the Senate.
Packaging individual bills into a single bill is not typically the
way we get the natural resources side of the Energy Committee business
done. It is not my preference to do it this way. However, our customary
procedure has been turned on its head since the beginning of the 109th
Congress, and the fact that we are here considering this bill on the
floor today reflects the frustration of many Members in this regard.
I have served on this committee for over 30 years, 4 of those as
chairman and the past 2 as ranking Republican member. The recent
controversy over consideration of this bill is simply a continuation of
the efforts by the junior Senator from Oklahoma, since the beginning of
the 109th Congress, to frustrate, in my opinion, the legitimate
business of this committee and the Senate in maintaining proper
oversight over the stewardship of Federal lands.
While I am pleased my colleague's concern about the unanimous consent
process on an earlier version of this bill has been resolved, I
nevertheless remain concerned about the ability of the Energy and
Natural Resources Committee to conduct its business and that of the
Members of the Senate. In addition to the 62 measures in this bill, we
have reported over 40 other bills that still need to be considered, and
we simply do not have sufficient floor time to consider each of those
bills individually.
Typically, we have passed these bills by unanimous consent after
having worked out any objections by individual Senators to specific
provisions. Yet that process we have used for years to get these types
of bills passed has ground to a halt because of the generic objections
about authorizations from the junior Senator from Oklahoma.
When I, as chairman, and now Senator Bingaman as chairman, have tried
to address the objections, we have been met with new ones each time we
think we have resolved the issue. Frankly, I believe much of this
problem can be attributed to a lack of understanding about the
jurisdiction of the committee, the importance of its business in
ensuring proper management of our Nation's natural resource treasures.
A bit of history would shed some light on the reasons for many
Senators' frustration and is certainly something that deserves
attention.
The Energy and Natural Resources Committee began as a public lands
committee nearly 200 years ago, providing oversight over the lands
acquired in the Louisiana Purchase. It was one of the first standing
committees in the Senate. Over the years its jurisdiction obviously has
expanded to include energy issues as well, but easily more than half
the committee's business continues to be public lands issues.
Those of you who have served on the committee know this includes
everything from our national parks and monuments to all the Bureau of
Reclamation water projects. The committee oversees the management of
the Department of Interior and the Forest Service, of 535 million acres
of land, and includes 58 national parks, 88 national monuments,
including those on the Mall, and over 428 million acres of wilderness
areas. This is over 30 percent of the total area of the United States.
The committee also has oversight of the Bureau of Reclamation
projects that include more than 600 dams and reservoirs, including
Hoover and Grand Coulee Dams. Our job is to make sure our national
treasures are properly managed and that the departments of the
executive branch charged with that task maintain a proper balance
between the Federal, State, and local interests.
In addition, the committee oversees all matters related to U.S.
territories, Puerto Rico, and the Virgin Islands. Because the
jurisdiction is vast, the number of bills the Energy and Natural
Resources Committee considers each Congress generally far exceeds that
of other Senate committees.
In the 109th Congress alone, a total of 491 bills and resolutions
have been referred to the committee for consideration. Most of these
measures, as with the measures that are embodied in 2739, the bill
currently before us, are required because the administrative agencies
either have not taken action in addressing such things as boundary
adjustments, land exchanges, or other matters relating to Federal
lands, as Senators feel are necessary within their States. But in the
109th, we passed fewer than half of what we should have historically
passed in previous Congresses because of the Senator from Oklahoma's
objections. I am hoping together we are learning and the Senator from
Oklahoma will work with us and understand all these bills are
authorization bills, authorizing bills. They do not spend money until
something else is done.
Money must be appropriated or spent by some committee or
administrative body if it has authority because these bills authorize,
they do not appropriate. The futile exercise ignores the balance
between authorizing committees and appropriations committees; that is,
the futile exercise that has been put upon us by the Senator from
Oklahoma over the last 2\1/2\ years.
Let me pursue this point a little further, Mr. President.
The Constitution says, ``No Money shall be drawn from the Treasury,
but in Consequence of Appropriations made by Law. . . .'' Note that the
Constitution says, ``appropriations.'' Under most circumstances, an
authorization does not compel an appropriation of money from the
Treasury. So, as I have attempted to reason with the Senator from
Oklahoma, authorizations that involve the HOPE of appropriations occur
all the time in this body. Most of the time, appropriations fall far
short of the authorized level of spending. A case in point is the
decision of Congress to not spend as much money on No Child Left Behind
as the authorization bill would have allowed. In some cases,
appropriations are made in the absence of authorization. So, clearly,
the passage of these lands bills compels no appropriations bill in the
future, and, thus, no point of order under the Congressional Budget Act
lies against

[[Page S2865]]

these bills. My attempts to persuade the Senator from Oklahoma of this
fact have failed, leading to this Senator's frustrations. Let's be
clear here: these are authorization bills, they compel no
appropriations in most cases, and spending to carry out the intent of
the vast majority of these bills is contained in the salaries and
expenses of the Departments within whose jurisdiction these matters
lie. So, the premise of the Senator from Oklahoma--that these bills
will inflate spending and increase the deficit--is fundamentally
flawed.
As I have noted, most of these measures have no direct cost to the
Treasury; rather, they set priorities for the Departments for the use
of their administrative budgets that will be appropriated each year.
But one of the principal objections the Senator from Oklahoma has
raised to all the bills the committee has is they cost too much money
or, as he puts it: They will some day cost money.
That may be true. But the Congressional Budget Office reports on most
of these bills that the administrative costs to implement them would be
negligible. In the rare instance where the bill would require
significant resources, no action could be taken unless there were
additional appropriations.
So, basically, there have been no reasons for holding up these bills.
The business of the Committee that is before us in this bill should
have been able to have been taken a long time ago. I do not believe the
judgment regarding park boundaries in Wyoming, a land exchange in
Arizona, a water project in Colorado, should supplant that of the 23
members of the committee--that one Senator should supplant that.
Those 23 members of this committee make their judgments on
information compiled by a professional staff with a combined service of
relevant departments in Congress of over 70 years on the Republican
staff side alone. They spend a great deal of time on these bills. They
know more than anyone else. They give that knowledge to us, the 23
members, and we vote. It is not as if these bills are put together,
brought here, much time, effort and money and resources are put into
them before they are put together and before we ask the Senate to pass
them. I hope we will not find ourselves in this bind again.
We have four amendments offered by the junior Senator from Oklahoma.
I have seen them all. I do not think any of them have received
appropriate hearings. I do not think any of them have had the study
that goes into the bill, that are in this bill before us. For that
reason and many others, I do not intend to vote for them.
I do thank the Senator from Oklahoma, the junior Senator, for finally
arriving at something that will conclude the matter. It will be
concluded today, and many Senators will be pleased and many House
members will be pleased, and all I can tell them is: We have tried our
best to do this sooner, and we will try our best to do the next one
sooner rather than later.
In the face of all of this, I cannot in good conscience vote to delay
passage of at least some of the bills that we have worked so hard on in
the committee and that are packaged in S. 2739. The amendments the
Senator has filed under the unanimous agreement are sweeping generic
changes to aspects of Federal land management. While aspects of some of
them may have merit, they should only be considered through the
committee process where the substance and consequences can be
illuminated and debated in hearings. I doubt that there is any Senator,
including me, who is 100 percent supportive of every line in these
bills that compose S. 2739; but, as with everything else we do around
here, there had to be give and take on both sides of the aisle to come
to agreement on many of these measures. And since it has not been my
experience that we will ever be able to satisfy the junior Senator from
Oklahoma, I recommend that we proceed to pass this bill without
amendment.
I yield the floor and thank Senator Bingaman for yielding to me.
The PRESIDING OFFICER. The Senator from Oregon.
Mr. WYDEN. Mr. President, I wished to begin this morning by thanking
Chairman Bingaman for his public assurance today that S. 2739, the
Consolidated Natural Resources Act of 2008, will not be the final
public lands bill taken up by the Senate this year.
I know that is going to be encouraging news to the people of my home
State who, in particular, want to see our treasured Mount Hood receive
additional protection and want to make sure its scenic beauty will be
preserved for future generations.
As the chair of the Subcommittee on Public Lands and Forests, I know
firsthand how important these public lands bills are to folks in the
States where the lands are located. There are several pieces of
legislation that involve my home State. The proposals contained in this
bill have all passed the House, passed the Senate Energy and Natural
Resources Committee, and I hope they will become law.
I especially express my appreciation to the distinguished senior
Senator from Washington, Mrs. Murray, who has toiled month after month
after month on her extraordinarily important wild sky wilderness
legislation. She, of course, is joined in that by our colleague Senator
Cantwell. This is going to be something of great pride to all of us in
the Pacific Northwest. I congratulate Senator Murray and Senator
Cantwell on their efforts.
Today, though, as we deal with S. 2739, we also include in that
legislation that I authored, referred to by Chairman Bingaman, the Park
Service authority to enter into cooperative agreements to better
protect the parks' natural resources. Chairman Akaka has joined me in
this effort, and I commend him for all of his work to protect our
treasured national parks.
The legislation also includes another bill to study the Columbia
Pacific Natural Heritage Area, something that has been of great
importance to local communities. It also includes important legislation
for my home State to protect our water resources.
It is important to note that our work cannot be considered done with
this legislation. There is another public lands package reflecting the
work of many Senators in the Energy and Natural Resources Committee
which also contains a number of important pieces of legislation that
have strong bipartisan support. Among those bills are two measures
vitally important to the people of my home State: the Lewis and Clark
Mount Hood Wilderness Act of 2007 and the Copper Salmon Wilderness Act.
That is why it is my view that the Senate should move quickly on
today's legislation, S. 2739, and then, with the bipartisan leadership
of Chairman Bingaman and Senator Domenici and colleagues on both sides
of the aisle, go forward with other measures that have been,
regrettably, stalled for much of this Congress.
I have been to the floor before to speak about the Mount Hood
Wilderness Act. This is a thoroughly bipartisan piece of legislation
that I and Senator Smith have worked on for many years. It passed
unanimously out of the Energy and Natural Resources Committee.
Regrettably, it has been held up for many months now. Mount Hood is one
of the most photographed and visited wild places in the United States.
The legislation we have written to protect this icon is the result of
many meetings, scores of discussions from a diverse number of
Oregonians. They are anxious to see this legislation moved forward.
That is why it is so important that the Senate act after the Senate
passes S. 2739. Countless Oregonians and other westerners have been
frustrated to see all their years' efforts to enact new wilderness
protections for Mount Hood, which has passed the Senate Natural
Resources Committee, get stalled here on the floor.
As I have noted in the past, the bill to protect scenic areas as
Lewis and Clark first saw them has now taken longer to get through the
Senate than it took Lewis and Clark to get to Oregon. Our constituents
don't understand how a bill that has such strong bipartisan support is
being held up. They don't want to see it held hostage, not for partisan
politics or for any other reason. They also feel that Copper Salmon is
a gem that deserves protection.
The bipartisan legislation to protect Mount Hood builds on existing
Mount Hood wilderness but adds more wild and scenic rivers and provides
a recreation area to allow diverse recreational opportunities. We would
protect the

[[Page S2866]]

lower elevation forests surrounding Mount Hood and the Columbia River
gorge. The protected areas include scenic vistas, almost 126,000 acres
of wilderness and, in tribute to the great river-dependent journey of
Lewis and Clark, the addition of 79 miles on nine free-flowing
stretchers of rivers would be added to the National Wild and Scenic
River system. From what Senator Smith and I hear about our legislation
and the places we have proposed for wilderness protection--and we have
talked to local community leaders, to environmentalists, to timber and
mining interests--we believe we have gotten this legislation right.
The bill responds to the thousands of comments I have received on
both of my previous efforts to protect Mount Hood, input at public
meetings held in Oregon, and letters and phone calls. I have met with
over 100 community groups and local government leaders, members of our
congressional delegation, the Governor and the Bush administration.
Among the comments we got was a resounding cry for additional
wilderness, particularly more recreational opportunities.
There are currently 189,200 acres of designated wilderness on the
Mount Hood National Forest. The legislation we are talking about would
increase that amount by about 126,000 new acres of wilderness. These
protections, protections for such important Oregon places, should not
be held up by procedural wrangling. It is one thing if there is any
sense on a piece of legislation involving wilderness of significant
interest groups not being consulted, not being allowed to participate.
I can see every reason to hold up that kind of legislation. But when
everybody feels they have been consulted, you have complete bipartisan
support from the State and the Natural Resources Committee, we ought to
be in a position to move forward.
I am going to repeat today what I have said before: My doors are open
to every Member of the Senate on this legislation and everything else.
If you want to get anything important done, you have to work with
colleagues. If there are additional objections to Senator Smith and me
moving forward with the Mount Hood legislation, we want anybody who has
an objection to come to us, because we will meet them halfway in an
effort to try to address their concerns. But we have to do what
Chairman Bingaman has pledged today, and that is to have an additional
package of bills that is so important. I know the distinguished
chairman from New Mexico has measures that are important to him. He has
brought a bill to the floor of the Senate today because he wants to
help all of the communities across this country that have worked to try
to address these issues. I commend Chairman Bingaman for it. Frankly, I
respect his selflessness in this effort. But we have to move on after
we act today.
I hope this legislation will pass quickly, that it will then be
possible for the Senate to turn to the next public lands bill, and we
will be able to adopt that swiftly.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. Mr. President, I have listened patiently to what has been
said. One of the things that has to be stated, if we want to change the
rules of the Senate, that is fine, but it is important for the American
people to know what a unanimous consent request is. This bill contains
26 separate pieces of legislation where on over four dozen of them we
have had no objection whatsoever, ever. Not one time have we raised any
objection. But a unanimous consent request says, No. 1, you agree with
the legislation. No. 2, you don't think it should be amended. No. 3,
you don't think the Senate ought to vote on it. We have a major
difference of opinion about what priorities are and what they should
be.
I heard the distinguished Senator from New Mexico talk about
frustration. Who is watching out for the frustration a child born
today, encompassing $400,000 of unfunded liabilities, is going to have
when that bill comes due? Where is the worry about the frustration for
future generations? People say this is noncontroversial. Let me tell
you, it is controversial when you are talking about infringing on the
property rights of people without their permission. That is
controversial. We have a difference of opinion on that. We think
heritage areas and the disclaiming of heritage area has no impact on
property rights.
That is absolutely untrue. It does impact. Property rights are a real
right guaranteed in this country. We are going to set up boards that
will influence, with the money we give them, private property use and
utilization without an equal influence by the private property owners.
We do have a difference of opinion.
At the end of this fiscal year, September 30, the accrued actual debt
on the books for this country will become $10 trillion. We are going to
add $3,000--2,800 and some odd dollars--per man, woman, and child at
the end of this year to the debt. People say it is noncontroversial.
Four dozen of these are noncontroversial. But this idea that we have to
authorize, it is either a wink and a nod, or we are totally dishonest
with the American people. If we are authorizing it, we intend to spend
the money. We wouldn't be authorizing it if we didn't intend to spend
the money. My objections are not that we do the right things for
protecting our parks or creating the right environments in our forests
and ensuring that the great treasures of our country are not protected.
I want to make sure they are available. But to claim, when we have a $9
billion deficit in terms of backlogged work in our parks right now, as
documented by the U.S. Park Service, $9 billion of work that needs to
get done that we can't get done, to say this isn't going to have any
impact on it, it is going to have an impact. It is going to delay the
maintenance on the very things we say we treasure. So what have we
done? What are we doing?
We are having a discussion about a small area that supposedly doesn't
cost much money. It hasn't been scored, but those things in it that
have been scored, it is over $350 million per year, a third of a
billion dollars. What are we talking about? This debate is about
whether we face up to the priorities in front of us as a nation. It is
not about being against parks. It is not about being against the
process. It is about making sure somebody in this body is standing up
thinking about the future finances of this country and what we are
going to do to our children. This is another example of what I
believe--and I know I am in the minority--is a misplaced priority. How
do we justify it, when we own, as the Senator from New Mexico said, 30
percent--I thought it was 38.5 percent--of all the land in the country?
When we are not taking care of the land we have, how do we justify
adding more land? We added 90 million acres to Federal Government
property in the last 8 years. That is 90 million acres that are taken
off the property rolls of communities and States. We take it away. We
control it, and then we don't take care of it. But now we are adding
more. We are doing it more.
Let's talk about some of the issues. This is a noncontroversial bill
is what we have heard. How about $2 million of our kids' money to
celebrate the 200th anniversary of Robert Fulton and the Claremont? At
a time when this year we are going to borrow $600 billion, we are going
to spend $2 million on a celebration? Why don't we celebrate the fact
that we are going to put our kids in debt more? That is what we should
be celebrating, if we are so proud of this. How about $2 million to
create a commission to celebrate the 400th anniversary of the voyage of
the Champlain. Do we have $2 million to throw away? We are going to
throw that away on something that is not important, considering where
we are in this Nation and the debt and the heritage we are going to
leave our children. You bet we have a difference of opinion.
The American people want us to start thinking in the long term, not
the short term. Do we look good if we have done all these bills back
home? You bet. We wink and nod and say: We are doing it. Either we are
going to appropriate the money or we were dishonest with them in the
first place. We are going to spend the money. How do we walk out of
here and say: We got you what you wanted? We do not really intend to
spend the money--unless we really do intend to spend the money, so then
it really does make a difference, and we cannot maintain what we have.

There was a very wise historian, his name was Alexander Tytler. This
is attributed to him. I am not sure it is really his, but the words
were spoken. They are not mine, but it is very apropos for where we
are, not just on this

[[Page S2867]]

issue; I am not a voice of frustration just on this issue. My
colleagues know that. I think it is time for us to start thinking about
the long-term in this country and not the short-term politically
expedience that says we look good at home.
Here is what Tytler said: A democracy cannot exist as a permanent
form of government. It can only exist until the voters discover that
they can vote themselves largess from the public treasury. From that
time on, the majority always votes for the candidates promising the
most benefits--we got you done what you want done at home; whether we
can afford it or not does not matter, but we got it done--with the
result that a democracy always collapses due to loose fiscal policy,
always followed by a dictatorship.
That is the history of the world. We are contributing to our own
demise as we think short-term political expediency so we can look good
at home, so we can satisfy demands at home.
Will Durant said:

A great civilization is [never] conquered from without
until it has destroyed itself [from] within.

We have now $79 trillion worth of unfunded liabilities that we are
getting ready to lay on our kids and grandkids, and we are not thinking
a thing about probably $1 billion with this bill of new additional
expenditures for next year, if it gets appropriated. It is the price of
doing business in Washington. We do not have that luxury anymore. We do
not have the luxury of mortgaging the future of our children anymore.
Why is the dollar at a historic low right now? Is it because we are
in a slowdown or a recession? Is that it? No. It does not have anything
to do with it. It has to do with the world confidence in our ability to
repay our debt and the debt the rest of the world sees coming to us,
which comes out to, if you were born today, $400,000 over your
lifetime. Now, how many of us have children or grandchildren who could
absorb just the interest on $400,000? A few, but most of us could not
do that.
So this debate is a philosophical debate. I am not worried about
being a source of frustration in the Senate. I am worried about the
future of our country, and if I create some scrapes and bruises on my
way to wake us up to what the American people want us to do--which is
think long-term, fix the structural problems, and quit pandering back
to our individual desires in the State--this Congress has become a
parochial Congress. It is more important to do what is right for your
State than it is for what is right for the country. How dare us. That
has nothing to do with our oath. None of us has our State mentioned in
the oath we take when we accept this office.
So we are about to pass 62 pieces of legislation, none of which had a
hearing until after they passed out of the committee--17 hearings post
coming out of the committee. As to saying we have to meet this because
it is bipartisan, it is a bipartisan failure to think about the future
of this country and what is in the long-term best interests of the
country, as we satisfy looking good at home to ensure our next election
is put ahead of the next generation of this country.
I am not going to participate in that. I am going to continue to work
to make sure any piece of legislation that comes to this floor is
thinking about the long-term, not the short-term. If that creates ill
will among my colleagues, I apologize in advance. I would much rather
be remembered as somebody who was interested in protecting the future
of our children than playing nice in the Senate. As Phil Gramm said: I
didn't come here to make friends, and I haven't been disappointed.
The real fact is, what did we all come here for? We all came here
with that in mind, to do what is best in the long-term interests of our
country. It is important for us to be reminded when we are not doing
that. There can be a difference of opinion about priorities. There
cannot be a difference of opinion about the amount of trouble we are
in. There is no difference of opinion in terms of trouble. It does not
matter how we got here. The fact is, we are here. We are in trouble.
How is it that we put a delegate for an island territory in this bill
that has 60,000 residents that we are going to put $5.6 million into
over the next 3 years? That we are going to create another delegate--
what does that have to do with natural resources and lands? How did
that get in here?
We have added an intermodal transportation center in Trenton, ME. It
authorizes the Federal Government to pay 40 percent of it, no matter
what it costs. There is no limitation that this will be a competitively
bid contract. No matter what it costs, we are on the hook for 40
percent of whatever it costs. And we are on the hook for 85 percent of
what it will cost to run it thereafter. The only problem is, there are
three other visitor centers within walking distance of this one. But we
wanted to do it.
I could go on and on and on. The fact is, this debate is not about
process. It may be to you, but it is not to me. This debate, for me, is
whether we are going to change our behavior at every point to start
thinking about the long-term future of this country.
I have the greatest respect for Chairman Bingaman. He has been an
absolute gentleman to me in every way in every dealing. But we have a
philosophical difference. He is charged to move bills out, to get
things done. Most of them that have no cost he will readily agree I
have had no objection to. He knows that. We have not tried to block
those. But they are combined with the other bills because they know
that is a force to create the votes, to get things that might be
somewhat more controversial spending. That is his job. I understand
that.
I have no ill will toward anyone. What I have an ill will for--and
when I leave the Senate, what I will take to my grave--is not being
good enough to convince us to do what we swore an oath to do, and that
is to think long-term, think what is best for our country, not what is
best for our State; think what is best for our children, not what is
best for us; think what is best for our country, not what is best for
our party; think what is best for America. We are losing. Consequently,
we see it happening in our country.
So it is time to really clarify what this debate is about. It is
really not about a lands bill; it is about the philosophy where we
continue to work and run like a loose barge in the Mississippi River
that does not have a tug associated with it. Are we going to do that?
Because that is what is happening.
One amendment I am going to be offering just says we ought to know
what things cost. How much land do we have and how much does it cost to
have it? We are going to have it objected to, not because it is not
common sense but because we are afraid the whole package might not get
accepted if something common sense is in it like knowing how much our
land costs us, knowing how much land we have, having an inventory, and
making a judgment, a metric about what we are doing. Nobody is thinking
the big picture. We are thinking the political picture. So here is the
amendment. It is not going to go anywhere, most likely, but it
absolutely makes common sense that we would do that, that we would know
all the properties we own.
We have another amendment that is going to say that citizens have to
give their approval when somebody comes onto their land who does not
own their land--just basic property rights saying: If somebody is going
to set up a heritage area, they ought to get permission to come onto
private land, if it is your land and somebody is coming on it. We take
that right away in heritage areas. It is gone. They do not have to do
it. It is a commonsense amendment that says if you own land, you ought
to have the right that is guaranteed you under the Constitution to have
your land protected. It is your land.
We have so much unwanted property where all the land agencies want a
way to get rid of it, but yet they cannot. They cannot. They do not
even have the money to get rid of it. So there is an amendment that
says: Let's take 1 percent of the cost of this bill and allow the
different agencies to get rid of the excess properties they have. It is
not complicated.
The other thing is, we are going to offer an amendment requiring that
citizens within a national heritage area are informed of the
designation before it happens. If we are going to pass a law that is
going to impact somebody's private property, shouldn't we tell them
ahead of time? Shouldn't they have notice? Shouldn't they have the

[[Page S2868]]

rights guaranteed to them under the Constitution?
I have spoken enough, but I think under the guise of the lands bill I
have explained the real problem. There is a difference of philosophy. I
will not stop fighting until we start thinking about the long-term
problems facing this country.
I will not stop objecting to spending money that we know we intend to
spend. We are just playing the game that: Oh, it is not an
appropriation. Well, almost 30 percent of the appropriations are not
authorized. So you cannot have it both ways. A third of the money we
appropriate under the appropriations process is not authorized to begin
with. So authorizations actually do not mean anything, do they? Or do
they? Yes, they do, because they are not going to get appropriated, or
they are, and if they are, we ought to be talking about real money that
is going to be spent.
I want to talk for a minute about the backlogs in our parks because I
think if the American people knew it, they would not stand for it until
we did something. The National Park Service faces, right now, a $9
billion backlog. That is their number. That is not Tom Coburn's number.
That is their number, a $9 billion backlog. With this legislation, they
are going to take on more responsibility with no increased funds, which
means the backlog is going to grow.
The Facilities Management Division of the National Park Service
reveals there are at least 10 States where National Park Service
maintenance backlogs exceed $100 million per park--$100 million per
park. Twenty States have facilities with deferred maintenance exceeding
$50 million. That does not include road maintenance, which is far
higher. None of these numbers include the road maintenance we have not
supplied the money for either.
They maintain 1,466 buildings built before 1900 but do not have the
money to maintain them. They have 4,975 buildings constructed before
1950 but do not have the money to maintain them. They have 2,500 fixed
assets--2,500 fixed assets--they do not want but this committee will
not create a way for them to get rid of. They are still spending money
on 2,500 facilities--2,500 different buildings--that they do not want,
that they spend money on every year, that they are not using, but they
have to keep it up.
The National Park Service has 31 sites in California alone. They have
a State backlog, in California parks alone, of $584 million, exclusive
of any roadwork. California is home to many of our treasures: Yosemite,
Golden Gate, Sequoia.
New York national parks: They face a $347 million backlog--$347
million--home to Ellis Island, the Statue of Liberty. The Statue of
Liberty has a maintenance backlog of $185 million, work that needs to
be done on it. We are not doing it.
National parks in Wyoming: a $205 million maintenance backlog. That
is Yellowstone, Grand Teton, Devils Tower. Yellowstone has a $130
million backlog. It is one of our great treasured western assets.
Everybody who visits there has total enjoyment from it, and yet it has
a $130 million backlog which we have not addressed.
There are no increased authorizations for maintenance
backlogs. Glacier National Park in Montana, a backlog of $400 million;
Washington, DC, home to our monuments, a $371-million maintenance
backlog; New Mexico, $41 million; Arizona, $192 million. The National
Parks Conservation Association said this: The average budget shortfall
among 100 park units is 32 percent. In other words, we are supplying
two-thirds of what they need to maintain their parks adequately, and
with this bill we are going to be adding to all that and other lands
other things they are going to have to be doing because of this bill,
but we are not going to address the real needs.

Each of the new projects in this bill will siphon funds away one way
or the other, directly or indirectly, from these important projects.
Are we good stewards if we add things to be stewards of when we are not
caring for the things we have already?
There was a wise man who once said: He who is faithful with small
things will be faithful with big things. I would surmise and put
forward to this body that we have not been good stewards with what we
have already. Yet we are going to add to them.

Amendment No. 4522

Mr. President, I call up amendment No. 4522, and I ask unanimous
consent that it be read and that Mr. McCain be added as a cosponsor of
that amendment.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
The clerk will report.
The bill clerk read as follows:

The Senator from Oklahoma [Mr. Coburn] proposes an
amendment numbered 4522.

Mr. COBURN. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To require the Director of the Office of Management and
Budget to determine on an annual basis the quantity of land that is
owned by the Federal Government and the cost to taxpayers of the
ownership of the land)

At the end, add the following:

TITLE IX--MISCELLANEOUS

SEC. 901 ANNUAL REPORT RELATING TO LAND OWNED BY FEDERAL
GOVERNMENT.

(a) Annual Report.--
(1) In general.--Subject to paragraph (2), not later than
May 15, 2009, and annually thereafter, the Director of the
Office of Management and Budget (referred to in this section
as the ``Director'') shall ensure that a report that contains
the information described in subsection (b) is posted on a
publicly available website.
(2) Extension relating to certain segment of report.--With
respect to the date on which the first annual report is
required to be posted under paragraph (1), if the Director
determines that an additional period of time is required to
gather the information required under subsection (b)(3)(B),
the Director may--
(A) as of the date described in paragraph (1), post each
segment of information required under paragraphs (1), (2),
and (3)(A) of subsection (b); and
(B) as of May 15, 2010, post the segment of information
required under subsection (b)(3)(B).
(b) Required Information.--An annual report described in
subsection (a) shall contain, for the period covered by the
report--
(1) a description of the total quantity of--
(A) land located within the jurisdiction of the United
States, to be expressed in acres;
(B) the land described in subparagraph (A) that is owned by
the Federal Government, to be expressed--
(i) in acres; and
(ii) as a percentage of the quantity described in
subparagraph (A); and
(C) the land described in subparagraph (B) that is located
in each State, to be expressed, with respect to each State--
(i) in acres; and
(ii) as a percentage of the quantity described in
subparagraph (B);
(2) a description of the total annual cost to the Federal
Government for maintaining all parcels of administrative land
and all administrative buildings or structures under the
jurisdiction of each Federal agency; and
(3) a list and detailed summary of--
(A) with respect to each Federal agency--
(i) the number of unused or vacant assets;
(ii) the replacement value for each unused or vacant asset;
(iii) the total operating costs for each unused or vacant
asset; and
(iv) the length of time that each type of asset described
in clause (i) has been unused or vacant, organized in
categories comprised of periods of--

(I) not more than 1 year;
(II) not less than 1, but not more than 2, years; and
(III) not less than 2 years; and

(B) the estimated costs to the Federal Government of the
maintenance backlog of each Federal agency, to be--
(i) organized in categories comprised of buildings and
structures; and
(ii) expressed as an aggregate cost.
(c) Use of Existing Annual Reports.--An annual report
required under subsection (a) may be comprised of any annual
report relating to the management of Federal real property
that is published by a Federal agency.

Mr. COBURN. Mr. President, this is a straightforward amendment. It
requires an annual report of the Federal Government detailing the
amount of property the Federal Government owns and the cost of
Government and landownership to taxpayers.
This is just a small chart that shows the amount of land the Federal
Government owns. As my colleagues can see, two-thirds of the Western
United States is owned by the Federal Government in one form or
another. It recognizes all of the core land, the parkland, the forest
land, the heritage areas that are not--it doesn't recognize the
heritage areas that we don't own, but it does recognize all the land
holdings. Nobody has a metric on what we own. Not any one agency knows
what we own in total, nor does anybody know

[[Page S2869]]

what it costs us to own it, nor does anybody know what it costs the
communities for us to own it because it has been taken off the tax
rolls.
Each year, the Office of Management and Budget would be required to
issue a public report detailing Federal landownership. The report would
specifically include the total amount of land in the United States and
the percentage that is owned by the Federal Government; the percentage
of all U.S. property that is controlled by the Federal Government--not
necessarily owned, but controlled--the total cost of operating and
maintaining Federal real property, including land, buildings and
structures; a list of all Federal property that is unused and vacant--
because why should we continue to maintain properties that are unused
and vacant--including all buildings and structures; and the estimated
cost of the maintenance backlog at each Federal agency with regard to
their land holdings.
What this will do is give the taxpayers some transparency about the
real nature of what we are doing. We are going down an alley blindly.
We don't know what the cost is. We don't know what the total is. We
certainly don't know what we are creating when we add more to it when
we don't know the metrics on what we have already.
One of the things we need is greater accountability on the
maintenance. It is strange to me that we can do what we are doing with
this bill and not already know this information. Why would we not know
what our total land holdings are and what their costs are? There are no
requirements under current law to require public disclosure of the
amount of land controlled by the Federal Government or the cost of such
occupation to the taxpayers. There was an Executive order issued in
2004 that would require some of it to become publicly available, but
what this amendment says is it all should be. It is an inventory. Every
other organization, including the States, know what they own, and they
know the cost to manage what they own. It is called management
accountability. Transparency is the thing that leads to accountability.
When the President directly required the Office of Management and
Budget to release a high-level report giving a picture of property
ownership between 2004 and 2005, the Government decided to stop
releasing the information on public domain lands. Wonder why that is.
What happened is 90 percent of the lands aren't reported. So this
amendment would legally require the Government to release information
on all land it owns, how much it costs to maintain, and require the
Government to track the growth of Federal landownership around the
country.
This isn't hard to do. Once you have the database, all you do is add
and subtract. The first year it will be tough. Every year after that it
would not be hard at all. It is a computer program.
Governments track the property that individuals own. The Government
therefore should disclose the same information about the land holdings
that it has. The Government knows what land we own. Why shouldn't the
American people know what land the Government owns? It is just common
sense. If we want to manage our resources and manage our properties,
then we have to know what it is and what it costs, but we don't. We
don't use zero-based budgeting. Whatever they spent last year, they
just ask for more. At the end of the year, if it is not all spent, they
make sure they spend it; otherwise, they are liable to get a cut. So we
are not putting the money in based on what we know the need is; we are
putting the money in based on a historical record that is obviously
failing to maintain our national parks.
I will discontinue with any further debate on this amendment and
yield to the chairman of the committee. I would just say commonsense
knowledge about what we own and what it costs us is something the
American taxpayer ought to have, and to vote against this for some
reason because we can't goes back to the same philosophical argument.
We are going to have the short-term excuse for the long-term problem,
and we are never going to get out of this hole.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, let me respond on this particular
amendment that the Senator from Oklahoma has presented or called up for
consideration.
The amendment does require the Director of the Office of Management
and Budget to post an annual report on the Internet that details quite
a few different things. First, how much land is ``within the
jurisdiction of the United States;'' second, how much of that land is
owned by the Federal Government, both in total and on a State-by-State
basis; third, a description of how much it costs to maintain all lands,
buildings, and structures on an agency-by-agency basis; fourth,
extensive information on the number of unused and vacant assets and the
value of operating costs for each such vacant asset; fifth, the
estimated maintenance backlog of each Federal agency, presumably on
these various assets.
The amendment does not just apply to national parks and national
forests and reclamation projects and public domain lands which, of
course, our committee would have jurisdiction of, the Energy and
Natural Resources Committee, but also the national wildlife refuges,
Indian trust lands, GSA properties, post offices, military bases and
facilities, veterans hospitals. And those, of course, are under the
jurisdiction of other committees I do not serve on.
To give a sense of the breadth of the amendment, the Office of
Management and Budget would have to provide detailed information each
year on approximately 1.2 billion real property assets worldwide and
over 636 million acres of land.
There is no provision in the amendment to exempt any sensitive
information that the Department of Defense might wish to withhold or
the Department of Energy or the CIA or any other agency that has a
national security responsibility.
While there is certainly room for improvement in Federal property
management--and in that regard I agree with the Senator from Oklahoma--
I do not believe we are ready to act on this amendment at this time or
adopt this amendment. I believe compliance with the amendment would be
very burdensome, time consuming, and expensive, and, of course, it is a
responsibility that would have to be updated each year.
My own view is, this amendment, if proposed as a freestanding bill,
would not be referred to our committee, not the Energy and Natural
Resources Committee. I believe it would be referred to the Homeland
Security Committee because they have Government-wide responsibility. We
have no idea how much cost would be involved to each agency in
compiling this information for the Office of Management and Budget. I
assume it would be a substantial cost, and it is not one that I think
we should act upon with this bill without any idea of that cost.
So my own preference, frankly, would be that if the Senator wishes to
have a report such as this developed, the appropriate way to proceed
would be to go to the chairman and ranking member of the Homeland
Security Committee, ask for a hearing on this proposal, get that
committee to look seriously at what can be done to develop this kind of
report, what cost is involved in developing this kind of report,
whether there are needs that national security would require for
putting some exemptions into this report so that we would not be
putting on the Internet information that some of our national-security-
related agencies would not want posted on the Internet. That would be
the approach I would urge on my colleague.
So for all of those reasons, I oppose the amendment and urge my
colleagues to oppose it when it comes to a vote.
The PRESIDING OFFICER. The Senator from New York is recognized.
Mr. SCHUMER. Mr. President, I will defer to my colleague from
Oklahoma.
Mr. COBURN. Mr. President, would my colleague yield for just a moment
so I may respond?
Mr. SCHUMER. I would be happy to.
Mr. COBURN. I want the chairman of the committee to know that we
worked very closely with OMB as we developed this amendment. This is
not a significant cost because they have been gathering this data to a
certain extent already. I would gladly take a second-degree amendment
to offset any sensitive

[[Page S2870]]

data that might be incurred so it would not be made available.
There is no question there is some cost to it, but the yearly cost is
minimal, and OMB has already stated that. The cost of establishing it,
yes, I agree, it would be hard. But what my colleague has said is we
really don't want to manage all of the properties because we don't want
to know. That is the important thing, that we can't directly manage
them unless we do that.
So I yield the floor.
Mr. SCHUMER. Mr. President, I thank my colleague from Oklahoma, with
whom I do not agree on many things, but I know he speaks with integrity
and from the heart.
I rise to speak in support of S. 2739, the Consolidated Natural
Resources Act of 2008, which we are working on. I wish to thank my
colleague from New Mexico, Chairman Bingaman, and Vice Chairman
Domenici for their leadership on this legislation. We have waited a
long time for it. In the Senate we need to get just about everyone on
board. Due to some Senators' steadfastness, including Majority Leader
Reid's, we are here today.
All provisions of the legislation are important, but there is one
provision for western New York for which we have waited a very long
time, and that is the provision that would designate land at thematic
sites along the entire Niagara River corridor--from Buffalo in the
south to Lake Ontario in the north--as a national heritage area.
Establishing this heritage area will allow us to protect the world
class natural resources of Niagara Falls while promoting tourism and
economic development in the region. For the first 5 years of this
heritage area, a Federal commission would work to implement a
management plan to capture the full benefits of the natural, historic,
cultural, and recreational resources of the entire Niagara Falls
region.
Known the world over, Niagara Falls, of course, is a geological
wonder that has drawn visitors for more than 200 years. But the region
has so much more than just the profound drama of beautifully cascading
waters.
The Niagara River corrridor has played an important role in our
Nation's history. Native American culture, early European exploration,
the French and Indian War, the American Revolution, the War of 1812,
the Underground Railroad, and the development of hydroelectric power
all have strong connections to the region.
Furthermore, the Niagara River corridor abounds with scenic beauty
that offers something for recreational enthusiasts of all stripes. With
numerous State parks in the area, hikers, fishermen, birders, and
hunters flock to the region to enjoy its outdoor splendor.
Despite these strong assets for tourism, visitors to the U.S. side of
Niagara Falls have been on the decline for several years. Too much of
the New York side of the border is marked by aging infrastructure and
blighted land. And all too frequently, visitors spend far more time on
the Canadian side of the falls, while barely visiting the New York
side. We must reverse this trend.
Let me be clear. The attractions and resources exist for the Niagara
River corridor to become a world class destination. But the attractions
it offers lack a comprehensive, unifying thread that ties the elements
together in a meaningful way for the visitor.
Designating the land a heritage area will help us link the existing
sites of interest in a coordinated fashion, marking the region
effectively, and attract more visitors. It will promote collaboration
among Federal, State, and local resources and help spur investment and
economic development in the region.
Let me say that this heritage area has been years in the making. When
I first was elected to the Senate in 1999, people in Niagara Falls said
we have to do something. It probably surprises my colleagues that there
is virtually no Federal involvement at Niagara Falls, one of our
greatest scenic wonders. We tried to figure out the way to go. Some
advocated it should be a national park, and there were other things. We
concluded that the heritage area is the right way to go. It will allow
Federal help to come to the region, Federal resources and experience,
with planning and linking the great wonder of Niagara Falls to other
historic and tourist attraction sites, but at the same time it will
allow the local region to maintain control.
So in 2001, at my request, the NPS reconnaissance team visited the
region and recommended a congressionally authorized study be undertaken
to determine the best development strategies for the area along the
Niagara River. We asked them to look at the heritage area.
In 2005, the National Parks Service completed that study. I thank the
Park Service, because they certainly relied on local input. There was
tremendous local input here, so nobody in the Niagara Falls area felt
anything was being rammed down their throat. What they found--the Park
Service--is strong local support for a heritage area, as well as a very
great need for the resources it would offer. The report wrote:

In order for Niagara Falls to fulfill its strategic role as
a key regional attraction, it is necessary for it to upgrade
the visitor experience to match the expectations of 21st
century travelers.

That sums up the challenge we face in Niagara Falls. The study
concluded that based on Niagara Falls' natural and cultural resources,
the evidence of a thematic framework, the potential for effective
public and private partnerships, as well as strong public support, the
region met the criteria for designation as a National Heritage Area.
Last May, the Subcommittee on National Parks held a hearing on this
issue, where I testified in support of the bill. After the hearing, we
worked closely with both the National Park Service and the Energy
Committee staff--whom I thank for the good work they do--to iron out
the technical corrections to the bill so it could be discharged by the
full committee. The heritage area has been studied now for more than 7
years. It has broad public support, and it is time for it to become
law.
The $10 million authorized under this act should help Niagara Falls
realize a substantial return on that investment. First and foremost,
any Federal expenditures will be matched by State, local, or private
contributions, adding millions more to the investment in the region.
Second, it is estimated that implementing the heritage area would
attract 140,000 new visitors per year, and some estimates project that
this would infuse up to $20 million into the local economy annually.
With the summer tourist season fast approaching, we are reminded that
far too many visitors only view Niagara Falls from the Canadian side of
the border. They have missed out on the history, culture, recreation,
and natural beauty that is found in equal measure on the New York side.
This legislation will take great strides in balancing that inequity and
help revitalize an area of our country in need of investment and
economic development.
With that, I yield the floor and thank my colleague for working so
long and hard with us to make this legislation today a reality.
Mr. BINGAMAN. Mr. President, I believe the Senator from Oklahoma has
three additional amendments he wants to present. I believe he has 30
minutes on his side and I have less than 15 on our side. I will defer
to him to go ahead, and then I will have a few minutes to respond.
The PRESIDING OFFICER (Mr. Salazar). The Senator from Oklahoma is
recognized.

Amendment No. 4521

Mr. COBURN. Mr. President, I think we will finish well before 2:15.
That is my hope. So if we are looking at votes, I hope they will have
some notice about that time. I ask unanimous consent to set aside the
pending amendment and bring up my amendment No. 4521, and I ask
unanimous consent that Senator McCain be added as a cosponsor of the
amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:

The Senator from Oklahoma [Mr. Coburn], for himself and Mr.
McCain, proposes an amendment numbered 4521.

Mr. COBURN. I ask unanimous consent that reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To require approval prior to the assumption of control by the
Federal Government of State property)

At the end, add the following:

[[Page S2871]]

TITLE IX--MISCELLANEOUS

SEC. 901. REQUIREMENT OF APPROVAL OF CERTAIN CITIZENS.

(a) In General.--Subject to subsections (b) and (c), the
Department of the Interior, the Department of Energy, and the
Forest Service, acting individually or in coordination, shall
not assume control of any parcel of land located in a State
unless the citizens of each political subdivision of the
State in which a portion of the parcel of land is located
approve the assumption of control by a referendum.
(b) National Emergencies.--The requirement described in
subsection (a) shall not apply in the case of a national
emergency, as determined by the President.
(c) Private Landowners.--The requirement described in
subsection (a) shall not apply in the case of a voluntary
exchange between a private landowner and the Federal
Government of a parcel of land.
(d) Duration of Approval.--
(1) In general.--With respect to a parcel of land described
in subsection (a), the approval of the citizens of each
political subdivision in which a portion of the parcel of
land is located terminates on the date that is 10 years after
the date on which the citizens of each political subdivision
approve the control of the parcel of land by the Department
of the Interior, the Department of Energy, or the Forest
Service under that subsection.
(2) Renewal of approval.--With respect to a parcel of land
described in subsection (a), the Department of the Interior,
the Department of Energy, or the Forest Service, as
applicable, may renew, by referendum, the approval of the
citizens of each political subdivision in which a portion of
the parcel of land is located.

Mr. COBURN. Mr. President, the American Farm Bureau and American
farmers and ranchers had endorsed all of these amendments at an earlier
time. I assume they would again, because it is the same language that
was used in the past. Today, the National Taxpayers' Union endorsed
these as commonsense freedoms for us.
This amendment is pretty straightforward. It says that if the
Government wants to take your land, you ought to be able to say, yes, I
agree or you ought to be able to say no. What this bill does is it
authorizes the Federal Government--they can still acquire new lands,
but if it is going to have an impact on your land--not their land but
your land--the citizens ought to get a vote on it. It is called real
transparency in government and real participatory democracy.
A lot of Americans are concerned about the excessive Government
influence over their land. We can say they are not, but they are.
People in my State of Oklahoma, in New Mexico, New York, and every
other State have great concerns about property rights. This amendment
is intended to address those concerns. It simply requires the citizens
affected by Federal Government land grabs, or heritage areas, or others
where we are talking about private lands being impacted, to have a
vote, to have a say in the matter. It authorizes the Departments of
Agriculture and Interior to continue to acquire land by purchase or
exchange. It will not affect that.
The amendment would only apply to situations involving Federal
eminent domain, when the Government takes property without the consent
of the owner, or State and local governments cede private land to the
Federal Government. The decision to cede property to the Federal
Government may be voluntary by the State and local governments, but
such a decision impacts the whole community. So all residents of an
area, therefore, should have a voice in the decision to turn over
public property that is controlled by bureaucrats in DC.
Do you realize that in all of our Western States, any single
bureaucrat has more control in that State than the Governor of the
State, where they own the majority of the land? Their implied power is
greater than the highest elected official in the State. What they say
goes, because it is the Federal Government. So whether it is a park
ranger or forest ranger or manager of a forest or the BLM, what they
say has more power than what the chief executive of any of those States
says. When we look at this, we are saying if the Federal Government is
going to take something by eminent domain, the people it will impact
should get a chance to say yea or nay.
This goes back to the concept that we have a real right to own and
hold property in this country. That is something many countries don't
offer their citizens. We ought to be about protecting it at every
level.
This amendment would involve local residents in Government decisions
about their neighborhoods and communities. Sam Adams profoundly
questioned, ``What liberty can there be where property is taken away
without consent?'' What liberty is there when your property is taken
away without consent or impacted without your consent or your zoning
ordinance, because some bureaucracy from Washington funded through a
heritage area decided what the zoning ordinances are going to be and
has millions of dollars to move it, to your detriment, the private
owner of property. What liberty is there when property rights are taken
away? This amendment ensures both liberty and consent. It is very
straightforward. It doesn't affect Federal transportation projects,
national defense, or homeland security.
Delegating property decisions is not unusual. Eminent domain has been
exercised through both legislation and legislative delegation. It is
usually delegated to another government body. But the power may be
delegated to private corporations, as we saw in Connecticut, such as
public utilities, railroads, and bridge companies.
This amendment will delegate the final decision to the property
holders who are being impacted--real property rights. If we agree as a
majority, it happens; if we disagree, it doesn't.
The Supreme Court has approved the widespread use of the power of
eminent domain in conjunction with private companies to facilitate
urban renewal, for low-cost housing, for deteriorated housing, and the
promotion of values, as well as economic development. In Berman v.
Parker, a unanimous Court observed:

The concept of the public welfare is broad and inclusive.
The values it represents are spiritual as well as physical,
aesthetic, as well as monetary. It is within the power of the
legislature to determine that the community should be
beautiful as well as healthy, spacious, as well as clean,
well-balanced, as well as carefully patrolled.

This ever-expanding government power essentially allows Congress and
unelected bureaucrats for any reason to take private property from
citizens with little, if any, recourse. What liberty when property
rights are not preserved?
This amendment is designed to provide some check on the ever-growing
expansion on private property rights within this country.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico is recognized.
Mr. BINGAMAN. Mr. President, let me speak briefly in opposition to
this amendment and explain my understanding of it. This amendment
prohibits the three agencies, the Department of Interior, Department of
Energy, and the Forest Service, from assuming control--that is the
phrasing in the amendment--over any parcel of land except through a
voluntary exchange, unless the citizens of the political subdivision in
which the parcel is located approve the assumption of control by
referendum. Even if the assumption of control by the agency is approved
by a referendum, that approval terminates at the end of 10 years,
unless there is another referendum that extends it beyond 10 years.
It seems likely to me that the amendment would affect more than just
the acquisition of fee title to land. It appears to include the
interests in lands, such as rights of way, easements, possibly water
rights, taking lands into trust for Indian tribes, and perhaps even
friendly condemnations for public purposes.
As I read the amendment, since the only exception is for voluntary
exchanges of property, I would think the sale of property--if one of
these agencies wants to buy the land and a private landowner wants to
sell the land to the agency, it would have to be approved by
referendum. The amendment would give counties and communities,
political subdivisions, veto authority over any Federal land ownership
by these three agencies. I think it would frustrate congressional
efforts to purchase or protect lands to make it virtually impossible to
provide for any long-term Federal management or protection, such as is
attempted in our national parks and monuments, wildlife refuges,
historic sites, and wilderness areas. The amendment would adversely
impact much more than land designated for conservation purposes. It
would also impact Bureau of Reclamation dams, reservoirs, energy
pipelines, and DOE facilities.

[[Page S2872]]

I think the concept of having to do another referendum every 10
years--I don't know how that would work, frankly. I don't know what
would happen if you lose. Suppose the Federal Government goes ahead and
acquires land through whatever means for a reservoir. At the end of the
10 years, there has to be another referendum on whether the Federal
Government should maintain that land for that reservoir. If the
referendum fails, I don't know what we would do with that reservoir at
that point. There is not much of a private market for reservoirs. I
don't know what action the Government would be expected to take at that
point.
For a variety of reasons, I do not think this is a workable
amendment, and it is one I urge my colleagues to oppose.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. Mr. President, I am going to try to move this debate
forward. I see the Senator from Washington. Does she have debate on a
specific amendment or comments on the bill?
Mrs. MURRAY. Just comments.
Mr. COBURN. Mr. President, we are going to try to get through our
time agreement. I have two more amendments, if that is agreeable with
the Senator from Washington.
I will make one comment on what the Senator from New Mexico said.
What I heard him say is there is something wrong with people deciding
it. The real concept of our country is we get to decide, and we have
bastardized that by saying the Federal Government knows best.
I believe the people out there kind of know how things impact them. I
think a plebiscite about what we are doing would be something that
almost every American would welcome.
Will there be problems with it? You bet. Democracy is messy, but it
is free. Giving them the right to have that answer and to vote, that is
something that was guaranteed in the Constitution before we had an
activist court that took it away. This is about putting it back.

Amendment No. 4520

I ask unanimous consent that the pending amendment be set aside and
amendment No. 4520 be called up, and I ask unanimous consent that
Senator McCain be added as a cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:

The Senator from Oklahoma [Mr. Coburn], for himself and Mr.
McCain, proposes an amendment numbered 4520.

Mr. COBURN. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To ensure that all individuals who reside, or own property
that is located, in a proposed National Heritage Area are informed of
the designation of the National Heritage Area)

On page 203, between lines 2 and 3, insert the following:

Subtitle G--Notification and Consent Requirements Relating to National
Heritage Areas

SEC. 491 NOTIFICATION REQUIREMENT.

The Secretary of the Interior shall not approve a
management plan for a National Heritage Area designated by
this title unless the local coordinating entity of the
proposed National Heritage Area provides written notification
through the United States mail of the designation to each
individual who resides, or owns property that is located, in
the proposed National Heritage Area.

SEC. 492. WRITTEN CONSENT REQUIREMENT.

With respect to each National Heritage Area designated by
this title, no employee of the National Park Service or
member of the local coordinating entity of the National
Heritage Area (including any designee of the National Park
Service or the local coordinating entity) may enter a parcel
of private property located in the proposed National Heritage
Area without the written consent of the owner of the parcel
of property.

Mr. COBURN. Mr. President, this is another straightforward, what I
believe most Americans would agree with, commonsense amendment. It says
citizens within a national heritage area are informed of the
designation and that governing officials must receive permission to
enter private property. It is simple.
If I am in a heritage area, what happens often now is those who are
empowered by the heritage area stake and survey your land, do all these
things without your permission to enter your land--your land, not their
land, your land. What we do is we broadly give the ability to violate
property rights through the heritage area laws so people can access
private property without permission. If I am wrong about that, then
this amendment would cause absolutely no harm. But the fact is, I am
right about it.
This amendment reestablishes the right of private property owners to
control who goes on their land, when they go on their land, and what
they are doing with their land. It reaffirms that if you have
ownership, it is your land, and it does not take that right of a
property owner away because it happens to be in a heritage area.
More and more heritage area designations are being made with little
knowledge of the landowners involved. S. 2739 establishes three new
heritage areas and extends the authorization and funding of several
existing national heritage areas.
There is no requirement for the Federal Government to notify the
individual within the area of its designation or its meaning. If we are
going to have national heritage areas--and I agree at points they are
great--do we not have an obligation to tell the landowner their land is
getting ready to be subjected to all the parameters associated with a
national heritage area? Do we not have the right and the obligation to
ensure their property rights are protected as they are brought into a
national heritage area?
I believe the Constitution says we ought to do this, we ought to
restore what was already there. What is liberty without the rights of
property?
I yield back the remainder of my time on this amendment.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, let me speak in opposition to this
amendment as well.
This amendment would establish new restrictions for the three
national heritage areas that are designated in this bill. It would
prohibit the Secretary of the Interior from approving a management plan
for a heritage area unless the local coordinating entity, which is
usually a nonprofit group that is promoting tourism in this heritage
area and developing the management plan, has provided written
notification to each individual residing or owning property there.
The amendment also prohibits employees of the National Park Service
or the local coordinating entity, usually the nonprofit group, from
entering any private property within the heritage area without the
written consent of the property owner.
The amendment, in my view, fails to understand what the designation
of a heritage area means. Let me read some boilerplate language we put
in every one of these national heritage area bills. It says in the
bill, and we have this three times in this legislation because there
are three heritage areas: Nothing in the subtitle abridges the rights
of any property owner, including the right to refrain from
participating in any plan, project, program or activity conducted
within the heritage area. Nothing in the subtitle requires any property
owner to permit public access to the land. Nothing in the title alters
any duly adopted land use regulation. Nothing in the title authorizes
or implies the reservation or appropriation of any water or water
rights. Nothing in the title creates any liability, affects any
liability under any other law of any private property owner with
respect to any person injured on private property.
There is substantial confusion, I believe, about the idea that there
is some great decrement of private property rights by the designation
of these heritage areas.
The prohibition against employees of the National Park Service or
coordinating entity from being able to enter private property without
written permission of the landowner does not make sense, in my opinion.
Heritage areas do not involve acquisition of Federal land. The
amendment applies to any private land within large areas of the State.
We have one in northern New Mexico which I was urged to try to
establish--and we were able to establish it--by people who wanted to

[[Page S2873]]

promote tourism in northern New Mexico.
Under this language, a member of the Park Service or the coordinating
entity would not be able to go to a mall or a restaurant or go to any
other private property in northern New Mexico in a three-county area
without written consent of the landowner.
In my view, the amendment should be defeated, and I urge my
colleagues to vote against it when the time comes.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. Mr. President, in response, I wish to take a moment and
read what three experts say about what the Senator from New Mexico
said.
James Burling, principal property rights attorney for the Pacific
Legal Foundation:

The so-called protections for private property are largely
symbolic; so long as regulators can browbeat landowners into
becoming ``willing sellers'' we will continue to see the
erosion of fee simple property ownership in rural America.
With the influx of federal funding, the regulatory pressure
on landowners to sell will, in many cases, be insurmountable.
The legacy we will leave to future generations will not be
the preservation of our history, but the preservation of a
facade masquerading as our history subverted by the erosion
of the rights that animated our history for the first two
centuries of the Republic.

Joe Waldo, president of the Virginia property rights law firm Waldo
and Lyle, said this:

The bill before Congress has nothing to do with a
``heritage trail'' but will result in a ``trail of tears''
for those least able to stand up for their property rights.
This is no more than an effort to overreach by the federal
Government with regulations that will restrict homeowners,
farmers and small business people in the use of their
property.

I ask unanimous consent, because of time limitations, to have printed
in the Record the rest of these comments.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Real Private Property Protections in the Bill? What Do the Experts Say?

(1) James Burling, principal property rights attorney for
the Pacific Legal Foundation, had this to say about H.R. 5195
(similar ``protections'' in 109th Congress)
``The so-called protections for private property are
largely symbolic; so long as regulators can browbeat
landowners into becoming `willing sellers' we will continue
to see the erosion of fee simple property ownership in rural
America. With the influx of federal funding, the regulatory
pressure on landowners to sell will, in many cases, be
insurmountable. The legacy we will leave to future
generations will not be the preservation of our history, but
of the preservation of a facade masquerading as our history
subverted by the erosion of the rights that animated our
history for the first two centuries of the Republic.''
(2) Joe Waldo, president of the Virginia property rights
law firm Waldo and Lyle, said this regarding H.R. 5195:
``The bill before Congress has nothing to do with a
`heritage trail' but will result in a `trail of tears' for
those least able to stand up for their property rights. This
is no more than an effort to over reach by the federal
Government with regulations that will restrict homeowners,
farmers and small business people in the use of their
property.
``Traditionally the elderly, minorities and the poor are
most impacted by regulatory measures that restrict property
owners in the use of their land. Protecting our heritage is a
noble ambition, however these matters need to be handled at
the local level by those closest to the issues at hand. It is
important that the fundamental right of private property not
be threatened by more misguided federal legislation.''
(3) R.J. Smith, recognized property rights expert and
senior fellow at the National Center for Public Policy
Research, said:
``The name itself for this National Heritage Area raises
serious questions. It seems improper, even indecent, to name
this the Hallowed Ground corridor and claim it is to
`appreciate, respect and experience this cultural landscape
that makes it uniquely American' when it tramples on the very
principles of private property rights, individual liberty and
limited government that the Founding Fathers risked and gave
their lives for. Lincoln himself reminded us in the
Gettysburg Address that `we cannot dedicate--we cannot
consecrate--we cannot hallow this ground.' He reminded us
that we must be dedicated to see that this `new nation'
`conceived in liberty' had `a new birth of freedom' and did
`not perish from the Earth.' Rejecting the very principles of
the Founding Fathers that created our liberty and freedom is
not a journey any free person should want to undertake.
``Any legitimate effort to attract tourism to old homes and
mansions and to quaint little country main streets should
properly be done privately and voluntarily by chambers of
commerce, booster groups, and preservationist organizations.
Not by the compulsory diktat of the National Park Service,
the U.S. Congress, and anti-growth Greens. If you want to
attract visitors try billboards, not federal force.''
(4) And as Dr. Roger Pilon, director of the Cato
Institute's Center for Constitutional Studies, notes:
``There's nothing wrong with historic preservation--in
fact, it's commendable--but it's got to be done the right
way. However worthy your ends, when you prohibit people from
using their property as they would otherwise have a perfect
right to do, you've got to pay them for their losses. Indeed,
it is not a little ironic to simply take those historic
rights in the name of historic preservation.''

Mr. COBURN. Mr. President, here is what I would say in response to
the chairman's comment. It is not unreasonable to have somebody who
does not own your land, has no real business on your land, ask
permission to come on your land. That is an absolute subrogation of the
rights guaranteed under the Constitution which we are now embracing and
say it is fine to not have to get permission. That is not what comes
with property rights under the Constitution. If our defense is we do
not believe in the Constitution and the rights of private property
rights, then I would say we are misguided in what we are doing.
This is a simple way of saying, if we are going to have heritage
areas and if I am a private property owner in a heritage area and you
want to come on my property and survey, you ought to have to get my
permission. You should not be able to come on my land without
permission to do so.
The fact is, example after example--and I will submit additionally an
article from the Nation magazine on examples of exactly what happens in
heritage areas to private property rights. It is called ``An Ugly
Heritage.'' I ask unanimous consent to have printed in the Record this
article.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Nation, Jan. 28, 2008]

An Ugly Heritage--The Poor Man's National Park; The Citizen's Burden

(By John J. Miller)

A few years ago, Lee Ott was driving around his vegetable
farm in Yuma, Ariz., when he spotted a crew of surveyors
putting stakes in his land. ``I stopped and asked them what
was going on,'' he recalls. It turned out they were marking
the boundaries of the Yuma Crossing National Heritage Area.
Ott's farm fell entirely within its 22 square miles, and
nobody had bothered to tell him. ``I became worried because I
wanted to build a new house and a shop on the farm,'' he
says. ``I didn't need anybody to give me a bunch of rules
about how they should look or whether I could even build
them.''
So he decided to fight back. He met with the Yuma County
Farm Bureau, which then contacted all of the landowners
within the Yuma Crossing National Heritage Area. ``About 600
people came to our meeting,'' says Harold Maxwell, a farm-
equipment distributor. ``When I asked for a show of hands
from those who knew they were in the NHA, only one hand went
up.''
National Heritage Areas are like a poor man's National
Park--they aren't actually owned by the federal government,
but they're zoned by it. Instead of employing Park Rangers in
stiff-brimmed hats, they're often administered by liberal
groups that want to weaken the property rights of the people
who hold a piece of land within or even near NHA boundaries.
This is generally done in the name of historic preservation
and environmental conservation. The Yuma Crossing National
Heritage Area, for instance, includes an old territorial
prison and some wetlands along the Colorado River. Yet NHAs
are perhaps best regarded as a clever combination of pork-
barrel spending and land-use regulations--and they're an
increasingly popular tool for slow-growth activists who
bristle at the thought of economic development that they
don't personally control.
Since the first NHA was created in 1984 to preserve a 61-
mile canal that runs between Lake Michigan and the Illinois
River, more than three dozen have come into existence. Today,
they're a growth industry: Ten were added in 2006 alone, and
last fall, the House of Representatives passed a $135 million
bill that swould set up six more. Some, such as the one in
Yuma, are just dots on the map. Others are sprawling. The
Tennessee Civil War National Heritage Area takes up the
entire state.
``These are basically federal zoning laws,'' says Peyton
Knight of the National Center for Public Policy Research, a
free-market think tank that has tried to draw attention to
the problem. The rules governing NHAs vary from place to
place, but they tend to have a few features in common. One
important element is the involvement of a ``management
entity'' that works in conjunction with the Park Service to
come up with a plan--in the case of one NHA, this means
creating an ``inventory'' of properties of ``national
historic significance'' that it wants ``preserved,''
``managed,'' or ``acquired.''

[[Page S2874]]

Sometimes the ambitions of an NHA amount merely to a bit of
parkland pump-priming. The website of the Rivers of Steel NHA
near Pittsburgh boasts that it ``is spearheading a drive'' to
have the National Park Service absorb an old steel mill and
mentions a bill in Congress. So it's a federally funded
organization that lobbies Washington for ever more subsidies.
But does the National Park Service really need more parks?
It already operates almost 400 sites. Although some remain
incredibly popular, visits within the system have declined in
the last decade--a trend that started before the terrorist
attacks of 9/11 resulted in fewer foreign visitors. What's
more, the Department of the Interior is having trouble
maintaining the properties it already runs. Its maintenance
backlog is a multibillion-dollar wish list of unfunded
repairs and improvements. The National Parks Conservation
Association, a non-profit group, says that the parks need an
extra $800 million per year just to fund their existing
operations adequately. This certainly isn't the result of a
Scrooge-like Bush administration: The Park Service is
spending more money per visitor, per acre, and per employee
than ever before.
Supporters of NHAs insist that they aren't in the business
of buying or regulating property, which is true in the sense
that NHAs do neither of these things directly. But they work
to achieve these results indirectly, by encouraging local
governments to implement restrictive land-use plans. ``That's
how they achieve their goals--by pushing counties and towns
to do what they can't do for themselves,'' says Cheryl
Chumley, a Virginia writer who has tracked NHAs.
They do this by dangling the prospect of federal largesse
in front of potential recipients. West Virginia's Wheeling
NHA, which is basically a downtown preservation project,
makes this explicit, according to a Heritage Foundation
report by Chumley and Ron Ott. Its management plan calls for
new zoning ordinances and the acquisition of private
property. And how will it achieve these goals? As Chumley and
Ott write, ``Major funding to support the activities . . .
and the recommendations of this plan will be coming from the
National Park Service.'' In the year prior to its most recent
available tax filing, the Wheeling NHA received more than
$2.5 million in government contributions--and not a dime from
private sources.
One of the most controversial NHAs is the proposed Journey
Through Hallowed Ground, which would encompass a corridor
roughly 175 miles in length between Charlottesville, Va., and
Gettysburg, Pa. The exact boundaries aren't determined
because this NHA at least technically remains on the drawing
board. But that didn't stop Congress in 2005 from giving a $1
million earmark to the Journey Through Hallowed Ground
Partnership, a non-profit group that's pushing for the NHA.
The organization's board is full of slow-growthers, including
Peter Brink, the senior vice president of the National Trust
for Historic Preservation. ``If this NHA becomes a reality,
it would essentially deputize the National Trust and its
allies to oversee land-use policy in the whole region,'' says
Knight.
Once upon a time, historic-preservation groups operated
public-education programs and tried to save old homes and
hotels, often by purchasing them. Nowadays, however, they're
much more interested in regulating land that they don't own.
In Oregon and Washington state, where property-rights
advocates have put forth ballot initiatives to compensate
landowners when government regulations lower the value of
their property, the National Trust has campaigned to defeat
them. It even worked to derail a transportation project in
Virginia because a proposed road expansion would have
increased traffic near the Chancellorsville battlefield--not
in it, just near it. Three years ago, Emily Wadhams of the
National Trust testified to Congress that ``private-property
rights have never been allowed to take precedence over our
shared national values and the preservation of our country's
heritage.''
Last October, the Journey Through Hallowed Ground
Partnership issued a report on how it would pursue its
objectives in an NHA: ``Farmland, in particular, is a
threatened resource. . . . There are many opportunities to
further protect these resources through conservation
easements, Rural Historic District designations, Agricultural
and Forestal districts, and private and public easement and
land acquisition.'' Except for easements, in which landowners
sell certain rights to their land, each of these suggestions
would amount to having government agencies tell property
holders what they can do--or, more likely, what they can't
do. In September, more than 110 groups, including the
American Conservative Union, the Family Research Council, and
Freedom Works, signed a letter urging Congress to reject new
NHAs.
Backers of Journey Through Hallowed Ground, including
Republican congressman Frank Wolf of Virginia, cite a poll to
claim that the public is behind them. What they don't reveal
is something that the Fauquier Times-Democrat, a local
newspaper, uncovered: The poll was sponsored by a group that
endorses, the NHA, and 96 percent of the people in the survey
didn't even know what the NHA is.
That's what happened in Yuma, Ariz.: Congress created the
Yuma Crossing NHA, and hardly any of the locals knew about it
until Lee Ott saw the surveyors on his property. The good
news is that, Yuma's farmers fought back--they'asked members
of Arizona's congressional delegation to intervene, and
eventually the NHA was downsized dramatically. Today, it
covers only, four square miles. Threats loom elsewhere,
however, and an exhibit on the Yuma County Farm Bureau's
experience will be featured at this year's American Farm
Federation Bureau convention.
Although Monticello, the home of Thomas Jefferson, is run
by a private group rather than the federal government,
supporters of the Journey Through Hallowed Ground like to
mention that the boundaries of their NHA would include it.
They would do well to read Jefferson's words, and in
particular a line that their foes enjoy quoting: ``The true
foundation of republican government is the equal right of
every citizen in his person and property and in their
management.''

Mr. BINGAMAN. Mr. President, before we leave this amendment, I wish
to make one more point. I read the language that is in the bill in each
of these heritage area provisions that says there is nothing that
prohibits or restricts the right of the landowner to deny access to his
or her private property. That is the case under State property law in
every State in the Union.
If I own a piece of property, if I am a private landowner and I don't
want people coming on the land, I have the right to deny them access on
my land. That includes Federal officials, surveyors, anybody I want to
deny the right to come on my land. There is nothing in our legislation
that in any way changes that.
The PRESIDING OFFICER. The Senator from Oklahoma.

Amendment No. 4519

Mr. COBURN. Mr. President, I ask unanimous consent that the pending
amendment be set aside and amendment No. 4519 be the pending business.
I also ask unanimous consent that Senator McCain be added as a
cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The legislative clerk read as follows:

The Senator from Oklahoma [Mr. Coburn], for himself and Mr.
McCain, proposes an amendment numbered 4519.

Mr. COBURN. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To require the transfer of certain funds to be used by the
Director of the National Park Service to dispose of assets described in
the candidate asset disposition list of the National Park Service)

At the end, add the following:

TITLE IX--DISPOSITION OF CERTAIN FUNDS

SEC. 901 CANDIDATE ASSET DISPOSITION LIST.

For fiscal year 2008, and each fiscal year thereafter,
amounts made available to be used by the Director of the
National Park Service to dispose of assets described in the
candidate asset disposition list of the National Park Service
shall be equal to 1 percent of, and derived by transfer from,
all amounts made available to the Secretary of the Interior
carry out this Act for each such fiscal year.

Mr. COBURN. Mr. President, I will try to do this fairly quickly
because I know we are under a time constraint. Amendment No. 4519
requires 1 percent of the----
Mr. DOMENICI. Will the Senator yield?
Mr. COBURN. I will be happy to yield.
Mr. DOMENICI. To inquire, I heard the Senator ask who be made a
cosponsor?
Mr. COBURN. Senator McCain.
Mr. DOMENICI. Did the Senator have an opportunity to discuss this
with Senator McCain?
Mr. COBURN. Senator McCain contacted me and asked me, requested to be
a cosponsor of my amendments.
Mr. DOMENICI. Of all these amendments.
Mr. COBURN. All four of these amendments, yes.
Mr. DOMENICI. I see. I will speak to that in my turn. I thank the
Senator.
Mr. COBURN. Mr. President, this amendment requires 1 percent of the
new spending authorized in this bill to be used to dispose of excess,
unused, and unneeded Federal property to offset some of the cost of the
bill.
What we know is we have a tremendous backlog in our parks. We have a
tremendous backlog in almost every land ownership we have. We have
tremendous maintenance needs in the Forest Service and tremendous
maintenance needs in BLM. We are suffering to care for what we have.
All this amendment says is take 1 percent--they listed 6,500
different

[[Page S2875]]

items they want to get rid of--and use the money to help them get rid
of them so they do not continue to spend money maintaining what they
don't want and don't need. At a minimum, this bill authorizes $380
million of new spending, which only represents a fraction when we
actually see what will happen. We will track this. My staff will track
the actual spending that comes out of this bill in terms of
appropriations so we will have it for historical reference. My
amendment says to take 1 percent for use to get rid of these items and
then take them away. When we have gotten rid of the excess items, we
would not use the money to do that and that money will go to maintain
the public parks we all value so much. It will help offset the hundreds
of millions of dollars of new spending in the 2,000 property assets
that in the Park Service alone have been slated for disposal but cannot
be sold off solely due to the lack of funding to get rid of them.

So all this does is it directs some authorization and says: Park
Service, take these 2,000 things, here is some money, get rid of them--
the things you want to get rid of. And everybody agrees we should get
rid of them. They haven't because they don't have the money because
they have to go through all these various steps under the Federal
Government's property rights legislation. But we say to them: Here is
the money, so you don't continue to spend money on that, and instead
you continue to spend money against this $9 billion backlog in our
national parks.
What this does is it allows them to get rid of assets they no longer
need. This gives them a way and the funds to do that. It allows them to
truly dispose of what they want to dispose of.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, let me speak briefly on this amendment
and in opposition to this amendment as well.
The amendment provides 1 percent of all amounts made available to the
Secretary of the Interior to carry out the various provisions of the
legislation--that is to the 60-some odd bills that are included here--
beginning in 2008 and each fiscal year thereafter, be made available to
the Director of the Park Service to dispose of assets described in the
candidate asset disposition list. This is a list of structures the Park
Service intends to demolish or to dispose of.
I think the description the Senator from Oklahoma made contemplated
the sale of property. The truth is this is a list the Park Service
keeps of buildings they no longer want to maintain. They wish to
dispose of these, in the sense of destroying them, or tearing them
down.
The amendment is essentially a tax on future appropriations for all
of the programs in this package to pay for a specific asset disposal
program of one agency within the Department of the Interior. Many of
the programs authorized in this legislation have nothing to do with the
National Park Service. It makes no sense, in my view, to reduce amounts
appropriated for various unrelated programs and to other agencies,
especially when the Park Service has never identified funding of its
asset disposal program as a problem.
Each year we get a budget from the Department of Interior. They have
never requested specific funds for this purpose. Instead, they use
their regular construction funding to destroy property, to destroy
these buildings when they determine that is a priority for them.
The amendment, of course, in my view also impinges upon the
jurisdiction of the Appropriations Committee. I am not on the
committee, my colleague Senator Domenici is, but we are essentially
saying here that all future appropriations that relate to bills that
are part of this legislation shall be taxed by 1 percent for this other
purpose. That seems to me an unusual way for the Congress to begin
undermining, through an authorizing bill, the appropriations that
otherwise should be made by the Congress.
I urge my colleagues to oppose the legislation.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Might I ask my colleague from New Mexico, how much time
do you have left?
Mr. BINGAMAN. Mr. President, 2 minutes is remaining?
Mr. DOMENICI. For both of us?
Mr. BINGAMAN. I gather that is in our total hour?
I am glad to yield that to my colleague.
Mr. DOMENICI. I thank my colleague.
Senator, were you going to get some time on an amendment?
Mrs. MURRAY. Mr. President, I have not had a chance to speak on the
bill. If I could--I understand we may be delaying the votes because of
other reasons. If I could get 12 minutes to speak, after Senator
Domenici, on the bill.
Mr. DOMENICI. Mr. President, first, I want to say to the Senator from
Oklahoma that I have nothing but respect for him, and we have talked
about the profession he practiced before he was a Senator, saving lives
and being a doctor. But I do want to say that I wholeheartedly disagree
with his approach to these bills and to what the Senator is doing in
the Committee on Energy and Natural Resources in producing these bills
for a vote. I think the Senator is wrong. I hope the Senate understands
what he is doing, and I think if they do, they could each say to him:
We appreciate what you are trying to do, but it is the wrong way to do
it. It won't work.
Now, if you talk to Senators about what is going on in the Senate, I
think most of them will tell you today that the Senate is borderline
dysfunctional. We can't get things done. There are too many nuances
that have been imposed upon us that we didn't know when we were putting
them on that they were going to run us in all different directions, but
we are there. So we can hardly get things done. It is kind of a
dysfunctional body.
Along comes a bright Senator, and here is a package of bills, and so
he looks at them and says: Oh my, this is a way to show I am going to
save money. Well, Senator, you have the wrong package of bills. You
have got the wrong package of bills. There will be plenty of
opportunity for you to save the taxpayers money. Every appropriations
bill or facsimile thereof--supplemental--put them together, 10 in 1 or
one at a time, but plenty of opportunity for you to save money by
attacking pieces of the appropriations bills. That is how you save
money.
And for all those who are watching the good Senator from Oklahoma,
all they have to do is say: Senator, we think you are on the right
track, go after the appropriations bills. I am not asking you to,
because I am an appropriator, but I am telling you if you want to save
money for the taxpayers, that is what you should do, and there is
plenty of opportunity.

The PRESIDING OFFICER. The Senator's time has expired.
Mr. DOMENICI. I had intended to ask unanimous consent for 5 minutes.
Did I not get it?
The PRESIDING OFFICER. Is there objection?
The Chair hears none, and it is so ordered.
Mr. DOMENICI. I thank the Chair.
Secondly, Senator, if you want to save the taxpayers money, then go
after the place where the money is that is about to break your country,
and that is the entitlements for Social Security, Medicare, and
Medicaid. If you want to save your taxpayers from ruination, then get
involved in reforming those programs so they do not make us go broke.
Anybody who knows about your government will tell you, dear Senator, if
that is what you want to do, Domenici is right, go after
appropriations; that is where money is spent. Go after entitlements;
that is where money is spent that is going to break your country.
And to prove to you that this bill does not spend money, all I can do
is do it the way the Senate does it and ask the Congressional Budget
Office: How much do these bills cost the taxpayers? Senator Bingaman,
you asked that, and I don't know whether you already said it, but I am
going to repeat it. This is Senator Bingaman's letter. He asked the
Congressional Budget Office.
Now, we have to have institutions that take care of things, don't we?
The Congressional Budget Office, not the Senator from Oklahoma, is
charged with evaluating a bill and telling us about it. You know what
they told us about this bill? Not only does it not

[[Page S2876]]

cost money, it makes money. This bill will bring into the Treasury in
the next 4 years $48 million, because we have authorized the
disposition of a couple of boats that were under lease. We said: Okay,
go ahead and buy them, and they gave us the money.
So contrary to all the debate about costing money, and the taxpayers
going broke, the bill makes money. Now, you can say: Oh no, it doesn't,
I have another way of figuring it out. That is what the Senator says.
But we can't have another way to do everything around here, another way
to figure out what bills cost. We already have enough ways to figure
them out, and they have got us so confused with what we have that we
don't need any more. But if the Senator thinks he has a new one, and
that is to delay this bill and take a piece of it and talk about it and
say it is a bad piece that doesn't make sense, that is fine. But don't
say you have a new way to protect the great public of America from
overspending and that is to take after a lands bill full of
authorization that nobody heretofore has thought of taking on for
appropriations purposes, because it doesn't appropriate.
The good Senator is phenomenal. He is a phenomenon. But he isn't so
great that of all the time in history we have had to look at these land
bills nobody has said: We are going to follow each one and see how much
it costs. That is one of his amendments, to follow its cost into
government. You know what that means? It means there is a whole new set
of books we have to set up. His approach will cost more money and wreak
more havoc if we have to do that--find out how much they cost, even if
he does them himself, as he suggested. He is going to see how much
these authorizations cost, if anything, as they reach fruition--if they
do.
Now, having said that, each and every one of the amendments offered
by the Senator is very erudite. They lend themselves to discussion and
debate. But every one of them, Mr. President and fellow Senators, every
one of the amendments is so complicated, so full of contortions and
turning the government this way and that way, that they ought to at
least have a hearing. They haven't had a hearing. They shouldn't be
adopted on this bill, where we have carefully had hearings on the bill,
had votes on the bill, with 23 Senators participating before we put
them in this package.
We should not put these four new ones on, one of which has to do with
local government approving the acquisition of property by the Federal
Government for parks. Before you can sell your property to the
government, local government has to take a vote, and then 10 years
later they have to take another vote to see if they were right. Do you
understand, in the argument for simplicity of government, for making
sure everybody can have their way, we have made government more complex
by these amendments than anybody could ever imagine?
I, for one, say my hat is off to the Senator. I hope he finds a new
approach, something new to attack to save money, but not a group of
lands bills that are authorization bills only, that we have been told
by the Congressional Budget Office will cost nothing in the way we
handle bills here.
Now, if you want to change the way and have a new way to figure out
how much bills cost, then we will have to have a long debate on which
way we are going to do that.
I thank the Senate for listening, and I thank the Senate for yielding
me some time, and I thank the Senator from Oklahoma for letting me
speak as long as I have.
Mr. ALLARD. Mr. President, I rise today in opposition to amendment
No. 4519 offered by my distinguished colleague from Oklahoma.
This amendment mandates a 1 percent across-the-board redirection of
funds each year from all amounts appropriated to programs in this bill
for the sole and specific purpose of removing assets--mostly old
buildings and facilities--from Park Service operated lands that are
determined to be surplus to need.
This 1 percent ``off the top'' charge has the effect of setting the
disposal of National Park Service surplus assets above all other
programs that are in this bill. In essence, it ties the hands of the
appropriations committee to determine what amounts should be devoted to
the disposal of Park Service surplus facilities each year.
Also, there is no connection between the wide variety of programs and
projects that are in this public lands bill, and would be assessed this
1 percent charge, and the need to remove old buildings from parks. Put
simply, this amendment does not make good sense.
As the ranking member of the Interior Appropriations subcommittee
that provides the funding for the Park Service, I simply can't support
such a proposal. It is up to the Appropriations Committee to review the
agency's budget each year and set the appropriate funding levels for
the various activities of the Service, including the disposal of
surplus facilities.
Budget priorities change each year based on many factors, including
the shifting needs of the agencies and the amount of money we have to
work with under the budgetary caps set by Congress. That is why we have
an annual appropriations process to weigh these variables.
To transfer 1 percent of funds appropriated under this act for one
purpose forevermore takes away the Appropriation Committee's
discretion, and indeed, its obligation to set priorities each year for
the needs of our Nation's parks.
Last year, the Interior subcommittee provided the National Park
Service nearly $1 billion to address maintenance and construction
needs. I believe these funds are sufficient to allow the Park Service
to address the most critical maintenance requirements including the
removal of unneeded assets.
I urge my colleagues to support the chairman and ranking member of
the Energy and Natural Resources committee and oppose this amendment.
I yield the floor.
Mr. COBURN. Mr. President, how much time do I have?
The PRESIDING OFFICER. The Senator has 13 minutes 4 seconds.
Mr. COBURN. Mr. President, I will speak a minute or two, and then I
will yield the Senator from Washington 5 minutes.
Mrs. MURRAY. I will speak after.
Mr. COBURN. We actually have a time agreement on the vote, so I am
happy to yield the Senator some of my time, is what I am trying do, so
I end up finishing. Is there a certain amount of time you need?
Mrs. MURRAY. Mr. President, I was going to ask unanimous consent to
speak after all of the votes. I wanted to speak for about 12 minutes,
and the other Senator from Washington, Senator Cantwell, wanted to
speak for 3 or 4 minutes. I know everyone wants to get to the vote, so
I will use my time after the vote.
I ask unanimous consent that following the disposition of all of the
votes on this package, on final passage, I be recognized to speak for
12 minutes, and the other Senator from Washington, Senator Cantwell, be
allowed to speak for 3 minutes.
The PRESIDING OFFICER. Is there objection?
The Chair hears none, and it is so ordered.
Mr. COBURN. Mr. President, I ask unanimous consent to have printed in
the Record a letter from the Congressional Budget Office dated January
31, 2008.
There being no objection, the material was ordered to be printed in
the Record, as follows:

U.S. Congress,

Congressional Budget Office,

Washington, DC, January 31, 2008.
Hon. Tom A. Coburn, M.D.,
U.S. Senate,
Washington, DC.
Dear Senator: This letter responds to your request for
information on the estimated discretionary costs of S. 2483,
the National Forests, Parks, Public Land, and Reclamation
Projects Authorization Act of 2007, as introduced on December
13, 2007. Because the bill was not reported from committee
(the point at which we typically prepare estimates), CBO has
not prepared a complete cost estimate for S. 2483; we
transmitted a table showing the direct spending and revenue
effects of the bill to the Senate Committee on Energy and
Natural Resources on January 24, 2008.
Although we have not completed our analysis of S. 2483, we
have previously completed cost estimates for bills (mostly in
the House) that authorize projects similar or identical to
nearly all of those authorized by S. 2483. The estimated
discretionary costs contained in those previous estimates
totaled nearly $320 million over five years, assuming
appropriation of the necessary amounts. That figure is a
reasonable approximation of the potential discretionary costs
of S. 2483.

[[Page S2877]]

If you wish further details about S. 2483 or our previous
estimates, we will be pleased to provide them. The CBO staff
contact for this estimate is Deborah Reis.
Sincerely,
Peter R. Orszag,
Director.
Mr. COBURN. Mr. President, this letter shows a cost of $320 million
for these bills over the next 5 years. So this is the Congressional
Budget Office. This isn't my paper, this is theirs.
I will spend a few minutes, and then I will yield back my time
because I know people want to get to some votes.
Mr. DOMENICI. Mr. President, will the Senator yield for a question?
Mr. COBURN. Absolutely.
Mr. DOMENICI. Doesn't that letter say ``if appropriated''?
Mr. COBURN. Assuming appropriation. Yes, it does.
Mr. DOMENICI. That means if it is not appropriated, it doesn't cost
anything.
Mr. COBURN. If it is not appropriated. But we are not passing these
bills under the assumption they are not going to be appropriated. We
are passing these bills under the assumption they will be appropriated.
As a matter of fact, the promise is made as we pass this. And either
it is a hollow promise you are sending back home so you can say, yes, I
did this, and lie to your constituents, or we are going to appropriate
the money. It is one or the other. So either we are dishonest with whom
we are telling we are doing something for or we absolutely intend to
appropriate it. There isn't any other option.
I will finish up by saying this. Obviously, the senior Senator from
New Mexico did not hear my earlier comments. We are in tremendous
economic straits in the long term. This debate is not about the lands
bill. It is about will we change the philosophy, will we honor our
oath, and will we start doing what is right in the long term for those
who come after us. The heritage we have embraced in this country is one
of sacrifice--one generation sacrifices so the next has opportunity. If
we keep doing this without regard--we don't know how much we are
spending; we don't know how much the monthly costs are; we are not
taking care of the parks as we should because we do not have an idea;
we have a hodgepodge; we have a barge floating down the river without a
tug on it--we are going to make the problem worse. I will remind my
colleagues, the true accounting of this year's estimate is a $607
billion deficit. That is over $2,000 for every man, woman and child in
this country. Every child born today in this country inherits an
unobligated obligation they will have to pay, that they got no benefit
from, of $400,000.
Am I frustrating the Senators from New Mexico? You bet. Are our
children worth it? You bet. I am not going to stop. I am going to stand
and say we are going to think long term, we are going to start
protecting property rights, we are going to start thinking about our
children, and we are not going to give up because we get lectured
because we are not doing it the way we have always done it. The way we
have always done it has us bankrupt. It is time for a change.
Republicans and Democrats alike, our children are worth it.
With that, I yield the floor.
The PRESIDING OFFICER. Is all time yielded back?
The Senator from New Mexico is recognized.
Mr. BINGAMAN. Mr. President, I ask for the yeas and nays on each of
the amendments of the Senator from Oklahoma, if that is appropriate.
The PRESIDING OFFICER. Is there an objection to that request?
Without objection, it is so ordered.
Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to amendment No. 4519.
Mr. COBURN. Mr. President, I ask unanimous consent we vote on the
amendments in the order in which they were presented.
The PRESIDING OFFICER. Without objection, it is so ordered. The
question is on agreeing to amendment No. 4522.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton),
the Senator from Connecticut (Mr. Dodd), the Senator from Massachusetts
(Mr. Kennedy), the Senator from Michigan (Mr. Levin), and the Senator
from Illinois (Mr. Obama) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from North Carolina (Mrs. Dole) and the Senator from Arizona (Mr.
McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 30, nays 63, as follows:

[Rollcall Vote No. 97 Leg.]

YEAS--30

Allard
Barrasso
Bayh
Brownback
Burr
Chambliss
Coburn
Cochran
Coleman
Collins
Cornyn
DeMint
Ensign
Enzi
Graham
Grassley
Hutchison
Inhofe
Isakson
Kyl
Lugar
McCaskill
McConnell
Sessions
Shelby
Specter
Sununu
Thune
Vitter
Wicker

NAYS--63

Akaka
Alexander
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Bunning
Byrd
Cantwell
Cardin
Carper
Casey
Conrad
Corker
Craig
Crapo
Domenici
Dorgan
Durbin
Feingold
Feinstein
Gregg
Hagel
Harkin
Hatch
Inouye
Johnson
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Lieberman
Lincoln
Martinez
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Stabenow
Stevens
Tester
Voinovich
Warner
Webb
Whitehouse
Wyden

NOT VOTING--7

Clinton
Dodd
Dole
Kennedy
Levin
McCain
Obama
The amendment (No. 4522) was rejected.
Mrs. MURRAY. Mr President, I move to reconsider the vote.
Mr. DOMENICI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Amendment No. 4521

The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided prior to a vote on amendment No. 4521
offered by the Senator from Oklahoma.
Mr. BINGAMAN. Mr. President, we have just now concluded the debate on
these amendments. I would yield back the time unless the Senator from
Oklahoma wishes to speak.
Mr. COBURN. Mr. President, I ask unanimous consent that we yield back
all time on all amendments so our colleagues who have planes and things
they want to do can get them.
Mr. DOMENICI. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. DOMENICI. If we do not do that, what will the order be?
The PRESIDING OFFICER. There will be 2 minutes of debate equally
divided prior to a vote on each amendment.
Mr. DOMENICI. No objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
The question is on agreeing to Coburn amendment No. 4521. The yeas
and nays are ordered. The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton),
the Senator from Massachusetts (Mr. Kennedy), and the Senator from
Illinois (Mr. Obama) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from North Carolina (Mrs. Dole) and the Senator from Arizona (Mr.
McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 19, nays 76, as follows:

[Rollcall Vote No. 98 Leg.]

YEAS--19

Barrasso
Brownback
Burr
Chambliss
Coburn
Cochran
Coleman
DeMint
Ensign
Enzi
Graham
Grassley
Inhofe
Isakson
McConnell
Roberts
Shelby
Thune
Wicker

NAYS--76

Akaka
Alexander
Allard
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Bunning
Byrd
Cantwell
Cardin
Carper
Casey
Collins

[[Page S2878]]

Conrad
Corker
Cornyn
Craig
Crapo
Dodd
Domenici
Dorgan
Durbin
Feingold
Feinstein
Gregg
Hagel
Harkin
Hatch
Hutchison
Inouye
Johnson
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Sessions
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden

NOT VOTING--5

Clinton
Dole
Kennedy
McCain
Obama
The amendment (No. 4521) was rejected.
Mrs. MURRAY. I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Vote on Amendment No. 4520

The PRESIDING OFFICER (Ms. Klobuchar). Under the previous order, the
question is on agreeing to amendment No. 4520. The yeas and nays have
been ordered. The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton)
and the Senator from Illinois (Mr. Obama) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Mississippi (Mr. Cochran), the Senator from North Carolina (Mrs.
Dole), the Senator from New Hampshire (Mr. Gregg), and the Senator from
Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 27, nays 67, as follows:

[Rollcall Vote No. 99 Leg.]

YEAS--27

Allard
Barrasso
Brownback
Burr
Chambliss
Coburn
Coleman
Collins
Cornyn
DeMint
Ensign
Enzi
Graham
Grassley
Hutchison
Inhofe
Isakson
Kyl
McConnell
Roberts
Sessions
Shelby
Snowe
Sununu
Thune
Vitter
Wicker

NAYS--67

Akaka
Alexander
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Bunning
Byrd
Cantwell
Cardin
Carper
Casey
Conrad
Corker
Craig
Crapo
Dodd
Domenici
Dorgan
Durbin
Feingold
Feinstein
Hagel
Harkin
Hatch
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCaskill
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Smith
Specter
Stabenow
Stevens
Tester
Voinovich
Warner
Webb
Whitehouse
Wyden

NOT VOTING--6

Clinton
Cochran
Dole
Gregg
McCain
Obama
The amendment (No. 4520) was rejected.
Mr. LIEBERMAN. Madam President, I move to reconsider the vote.
Mrs. MURRAY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.

Vote on Amendment No. 4519

The PRESIDING OFFICER. The question is on agreeing to amendment No.
4519. The yeas and nays have been ordered. The clerk will call the
roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton)
and the Senator from Illinois (Mr. Obama) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from North Carolina (Mrs. Dole), the Senator from New Hampshire (Mr.
Gregg), and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 22, nays 73, as follows:

[Rollcall Vote No. 100 Leg.]

YEAS--22

Brownback
Burr
Chambliss
Coburn
Coleman
Cornyn
DeMint
Ensign
Graham
Grassley
Hatch
Inhofe
Isakson
Kyl
McCaskill
McConnell
Sessions
Sununu
Thune
Vitter
Warner
Wicker

NAYS--73

Akaka
Alexander
Allard
Barrasso
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Bunning
Byrd
Cantwell
Cardin
Carper
Casey
Cochran
Collins
Conrad
Corker
Craig
Crapo
Dodd
Domenici
Dorgan
Durbin
Enzi
Feingold
Feinstein
Hagel
Harkin
Hutchison
Inouye
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Voinovich
Webb
Whitehouse
Wyden

NOT VOTING--5

Clinton
Dole
Gregg
McCain
Obama
The amendment (No. 4519) was rejected.
Mrs. MURRAY. Madam President, I move to reconsider the vote, and I
move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. AKAKA. Madam President, today, I express my support of S. 2739,
the Consolidated Natural Resources Act. I commend the chair and ranking
member of the Senate Committee on Energy and Natural Resources for
their leadership and the work of their staff on this important
legislation. This bill represents a bicameral-and-bipartisan supported
package of bills. It has many good initiatives that demonstrate our
commitment to be responsible stewards of our national treasures and
historic sites. The legislation also has targeted provisions that
address unique circumstances and issues occurring in the Pacific
region.
I express my support for titles VII and VIII of S. 2739 that relate
to the Commonwealth of the Northern Mariana Islands, CNMI, and the
Freely Associated States, the Federated States of Micronesia, Republic
of the Marshall Islands, and the Republic of Palau.
The CNMI is a group of islands located east of the Philippines and
south of Japan. Following World War II, the United States administered
the islands under a United Nations trusteeship. In 1975, the people of
the CNMI voted for a political union with the United States. The 1976
covenant enacted by Congress gave U.S. citizenship to CNMI residents
and extended most U.S. laws to the CNMI. However, the covenant exempted
the CNMI from U.S. immigration law. As a result of the CNMI's policies,
today the population has increased fivefold, from 16,000 to 80,000.
This growth has made both U.S. citizens, and the indigenous people of
the islands, minorities in their own communities.
This legislation meets the Federal Government's interest in further
implementation of the covenant, securing our borders, and in the
establishment of stable immigration and labor policies on which the
CNMI can build its future. The provisions included in title VII are
identical to those passed by the U.S. House of Representatives on
December 11, 2007. As the sponsor of the companion CNMI bill, I am
pleased to report the CNMI provisions contained in S. 2739 are
sensitive to the special circumstances and to the current economic
downturn in the CNMI. The legislation provides a basis to transition
the CNMI to Federal immigration laws, while protecting the local
economy. These provisions are crucial to address the immigration abuses
that have persisted in the CNMI for the past 20 years.
As chairman of the Subcommittee on National Parks, I am particularly
pleased to join Senator Wyden in including a provision on cooperative
agreements that will protect the natural resources on our national
parks. Title III of S. 2739 will give the Secretary of the Interior the
authority to enter agreements with Federal, public, nonprofit
organizations, and even private landowners to protect our coasts,
wetlands, and watersheds contained within and outside of national park
boundaries. This act supports collaborative efforts that will greatly
benefit generations of park visitors.

[[Page S2879]]

Just as important as having cooperative agreements is the ability of
these entities to work together and use them to combat the spread of
invasive species. Invasive species are one of the greatest threats to
our natural and cultural heritage. Invasive species are the primary
cause of decline in Hawaii's threatened and endangered species, and
cause hundreds of millions of dollars in damages to Hawaii's
agricultural industry, tourism, real estate, and water quality.
One very successful public-private partnership in my State is
occurring at Hawaii Volcanoes National Park on the island of Hawaii.
The Ola'a-Kilauea Partnership is a cooperative land management effort
involving State and Federal entities and willing private landowners.
This partnership has jointly fenced 14,100 acres on State and private
lands and eliminated the feral pig population from 9,800, while also
controlling feral pigs in an additional 4,300 acres.
There are other examples, such as efforts on the island of Maui. I am
proud to mention the work of the Maui Invasive Species Committee, which
brings together the resources of individuals, and the Federal and State
governments to collaborate and combat invasive species. One of the
barriers they have faced in the past is the inability to spend Federal
funds on projects that treat invasive species on lands adjacent to
national park borders, where there is a clear and direct benefit to
parks. This bill will provide the necessary authorization to support
such efforts. This is especially vital as such cooperative agreements
focus cooperative action to reduce invasive species on our national
parks and other lands across the country.
The cooperative agreement provisions of Title III provide a very
important step in controlling invasive species that are crossing
geographic and jurisdictional boundaries. Land managers and other
involved governments and organizations will have another tool to help
address their invasive species management issues. Also it will allow
the Secretary of the Department of Interior to protect park resources
through collaborative efforts in lands within and outside of National
Park System units.
I stand in strong support for the Consolidated Natural Resources Act.
I encourage my colleagues to join in keeping our precious national
resources and historic sites available for future generations, as well
as meeting the needs of the Pacific region.
<bullet> Mr. McCAIN. Madam President, I am pleased that the Senate
passed the Cesar Estrada Chavez Study Act of 2007, which was included
as part of the larger public lands package, S. 2739. The bill would
authorize the National Park Service to study whether any of the sites
significant to Chavez's life meet the criteria for being listed on the
National Register of Historic Landmarks. The goal of the study is to
establish a foundation for future legislation that would then designate
appropriate sites for national historic landmark status.
Since the 107th Congress, I've worked to pass the Cesar Chavez study
language. It has received an overwhelming positive response, not only
from my fellow Arizonans, but from Americans all across the Nation.
Cesar Chavez was a humble man of deep conviction who understood what
it meant to serve and sacrifice for others. Honoring the places of his
life will enable his legacy to inspire and serve as an example for our
future leaders. It is important that we remember his struggle and do
what we can to preserve appropriate landmarks that are significant to
his life.<bullet>
Mr. CARDIN. Madam President, today the Senate takes an important step
forward in celebrating and commemorating one of our Nation's most
important emblems and historic periods. Included in the Consolidated
Natural Resources Act of 2008 is legislation that I authored, the Star-
Spangled Banner National Historic Trail Act. I am proud to be joined by
cosponsors of the original bill, including Senators Mikulski, Warner,
Webb, and Kennedy.
This land and water trail of almost 300 miles covers parts of
Maryland, Virginia, and the District of Columbia to commemorate the
events leading up to the writing of the ``Star-Spangled Banner'' during
the Chesapeake Campaign of the War of 1812.
The trail traces the following major events: the arrival of the
British fleet on the Patuxent River; the landing of the British forces
in Benedict, MD; the sinking of the Chesapeake Flotilla at Pig Point in
Prince George's County and Anne Arundel County, MD; the American defeat
at the Battle of Bladensburg; the siege of the Nation's Capital and the
burning of the U.S. Capitol and the White House in Washington, DC; the
route of the American troops from Washington through Georgetown, the
Maryland counties of Montgomery, Howard, and Baltimore, and the city of
Baltimore to the Battle of North Point; and the ultimate victory of the
Americans at Fort McHenry on September 14, 1814.
The National Park Service will administer the trail and coordinate
the efforts of public and private entities on trail administration,
planning, development, and maintenance. Fort McHenry will be the lead
park unit for trail operations. The land routes would follow existing
public roads, along which British and American troops traveled. Over
time, the routes will be marked on the ground and at water access
points. In cases where the original routes have been lost to
development or other causes, they could be interpreted through waysides
as appropriate and feasible.
The bill requires the Secretary to encourage public participation and
consult with landowners, Federal, State, and local governments on the
administration of the trail. The bill prohibits land or interest in
land outside the exterior boundaries of any federally administered area
from being acquired for the trail without the consent of the owner.
The trail will open new economic opportunities for many Maryland
communities, including Calvert County, our Port Towns of Prince
George's County, and Baltimore City. More importantly, the Star-
Spangled Banner National Historic Trail will guide Americans on a path
that will help them understand the events that lead up to the epic
battle at Fort McHenry in Baltimore Harbor.
At the fort, the garrison flag was flown on September 13 and 14,
1814, during the Battle of Baltimore. As the routed British ships
sailed out of Baltimore Harbor on the morning of the 14th, lawyer
Francis Scott Key was inspired to write the patriotic and defiant words
of a poem that became the rallying cry for Americans who had fought
their first war as a united nation. The poem was set to music and the
song became the national anthem in 1931.
The ``Star-Spangled Banner'' was given to the Smithsonian Institution
in 1907 by the grandson of the commander of Fort McHenry, LTC George
Armistead, so that it could be preserved and displayed for the public.
While the Smithsonian's National Museum of American History is
currently closed for extensive renovation, its reopening this summer
will showcase the Banner in an impressive new exhibit.
Mr. President, every day across the country, Americans salute the
American flag. The Senate recites the Pledge of Allegiance to the Flag
every legislative day. In sports arenas and countless other venues, we
salute the flag daily. Today, I salute the work of the Senate in
passing the Star-Spangled Banner National Historic Trail as part of the
Consolidated Natural Resources Act of 2008. Through this legislation,
millions of visitors will be inspired with the history of this iconic
object and its significance during this important period of American
history.
Mr. NELSON of Nebraska. Madam President, I rise today to speak on an
item included in the bill before us. Before I address this particular
issue, I first want to voice my strong support for some of the
individual components that have been assembled in the consolidated
package currently before the body.
The Lewis and Clark National Historic Trail extension and the Platte
River Recovery Implementation Program and Pathfinder Modification
Project authorization are measures I have been working on for some
time, and I want to thank Chairman Bingaman for his efforts in bringing
these measures to the point where they will shortly pass the Senate.

[[Page S2880]]

But there is another matter in this bill that is of some importance
to Nebraska and to my constituents. Included in the bill is a section
expressing the sense of Congress that a museum located in Paducah, KY
should be designated as ``the National Quilt Museum of the United
States.'' Now, this measure is nonbinding and carries no legal
authority. As far as we can tell, it confers no authority for funding
or anything of that nature. However, I would be remiss if I failed to
mention that I had been working to resolve some concerns that I and
some of my constituents have with this section.
You see, just the week before last, the International Quilt Study
Center & Museum opened its doors in Lincoln, NE. This is a remarkable,
37,000 square foot facility that houses the world's largest privately
held collection of quilts.
Thus, back in February, I objected to a unanimous consent request to
pass H. Con. Res. 209, a concurrent resolution expressing the sense of
Congress regarding the designation of the museum. That resolution had
previously passed the House of Representatives unanimously. I have been
working with the distinguished minority leader, Mr. McConnell, and
Congressman Whitfield of Kentucky, whose district includes Paducah, to
craft a solution that would appropriately praise both museums for their
individual and unique contributions to the world of quilts and quilt-
making. I would like to thank them for their willingness to work with
me.
Unfortunately, the entirety of H. Con. Res. 209 was included in
section 335 of this bill before these discussions were able to run
their course. I have filed an amendment to strike this section from the
bill, so that we might continue to work out a resolution that properly
honors the Paducah museum while not making any exclusive designations
that exclude the International Quilt Study Center, but I understand the
situation is such that my amendment is prevented from consideration
before the full Senate.
Looking forward, I plan to honor this remarkable organization at the
University of Nebraska in an appropriate manner. For purposes of
balancing the record here today, I want to mention a few things about
the remarkable facility in Nebraska.
The International Quilt Study Center & Museum has 37,000 square feet
of exhibition galleries, collections storage, collections care, a
reception hall, a library, reading room and classroom space. It is
housed in a beautiful, newly constructed building designed by world-
renowned architecture firm Robert A.M. Stern Architects and built with
$12 million in private donations.

The mission of the International Quilt Study Center & Museum is to
collect, preserve, study, exhibit, and promote discovery of quilts and
quilt-making traditions from many cultures, countries, and time
periods. The International Quilt Study Center & Museum is a dynamic
center of formal and informal learning and discovery for students,
teachers, scholars, artists, quilters, and others from across the
Nation and around the world.
The International Quilt Study Center & Museum has the largest
privately held quilt collection in the world--more than 2,300 quilts
from 49 States and 23 foreign countries.
The International Quilt Study Center & Museum is centrally located in
the heart of the United States and is open to the public year-round. I
wish I could share information on the number of visitors who enjoy the
museum each year, but the new facility is so new that such data is
unavailable. However, we do know that individuals from all 50 States
and from more than 15 foreign countries have visited the International
Quilt Study Center & Museum in its previous homes.
The International Quilt Study Center & Museum has an international
advisory board and annual supporters from all 50 States and many
foreign countries, and hundreds of supporters, volunteers, and quilt
guilds have supported the International Quilt Study Center annually
since its formation in 1997.
The International Quilt Study Center's collections represent the
entire gamut of quilt making in the United States, plus its antecedents
in Europe. In addition, the International Quilt Study Center holds
examples of cultural traditions from more than 23 countries.
In closing, the International Quilt Study Center & Museum in Nebraska
is recognized nationally and internationally for its place of
prominence in its field. It has the largest publicly held collection of
quilts in the world; it is the largest quilt museum in the world; it is
the only academic center devoted to quilt studies; it offers the only
graduate program in textile history with a quilt studies emphasis. At
the appropriate time, I hope the Congress will see fit to bestow upon
it an honor befitting its contributions to our Nation's art, our
heritage, and our history.
Mr. DURBIN. Madam President, as the Senate considers the Consolidated
Natural Resources Act, I would like to highlight two provisions that
are important for Illinois: the Abraham Lincoln National Heritage Area
and the Lewis and Clark National Historic Trail Extension.
Illinois is known as the Land of Lincoln for good reason. Our 16th
President spent more than 30 years of his life in central Illinois,
starting in 1830 when his family moved to Macon County from Indiana.
Abraham Lincoln had virtually no formal education--perhaps 18 months of
schooling. His rise from humble origins to the highest office in the
land and his decisive leadership through the most harrowing period of
U.S. history brings hope and inspiration to all of us.
Next year marks the bicentennial of Lincoln's birth. Among the public
activities planned to honor his life is development of the Abraham
Lincoln National Heritage Area. Communities in 42 Illinois counties
have worked together to document Lincoln's time in the State, assess
the status of the places that played a role in his life and career, and
recommend a plan to help develop the narrative of Lincoln's imprint on
Illinois. The goal is to help develop sites in places where there is a
Lincoln story to tell but no place to tell that story. Although the
heritage area focuses on the life of Abraham Lincoln, the heritage area
also brings out the rich history of each participating community,
creating a broader context for Lincoln and his times.
Illinois features prominently in another important, earlier story in
the making of America--the historic expedition of Meriwether Lewis and
William Clark across the western frontier. Much has been said and
written about that western journey, but equally fascinating is the
``Eastern Legacy'' of the Lewis and Clark expedition.
The journey began right here in the District of Columbia. That is
where President Thomas Jefferson directed his private secretary
Meriwether Lewis in June 1803 to lead a mission through the vast
unknown territory west of the Mississippi River to the Pacific Ocean.
Lewis gathered supplies and men in many Eastern States before meeting
up with William Clark in Kentucky and traveling to Illinois.
Lewis and Clark established their winter camp at the mouth of the
Wood River in Illinois. The following spring their Corps of Discovery
departed Camp Dubois and began their historic scientific expedition
west. Lewis marked this spot near present-day Wood River, IL, as the
official ``point of departure.'' Two and a half years later, the team
returned to this camp after its remarkable adventure to the Pacific
coast.
The bill the Senate is considering will preserve this important and
fascinating story through the Lewis and Clark National Historic Trail
Extension, which will include sites associated with the preparation and
return phases of the expedition--the Eastern Legacy. The trail
extension includes sites in 11 Eastern States and the District of
Columbia. The trail in Illinois includes sites from Metropolis along
the Ohio River to Wood River at the confluence of the Missouri and
Mississippi Rivers.
These two initiatives are very important to Illinois. I know the bill
includes similar initiatives in other States. These development areas
are significant, not just for the historic and cultural legacy but also
for the economic development value for the host communities. Many
Illinois communities participating in these heritage areas are very
rural--with populations less than 3,000, few resources, and high
unemployment rates.

[[Page S2881]]

The bill does much to preserve areas of natural beauty and expand our
national historic trail system and national heritage areas that bring
families outdoors and across our Nation to discover important events
and geographic locations in the creation of America. It also celebrates
Native American, Colonial American, European American, Latino American,
and African American heritage. Finally, the bill establishes memorials
and museums to honor our past and authorizes studies as the first step
toward preserving historic sites that are at risk of being forgotten
Illinoisans are proud of our heritage and our place in history. The
preservation programs in the Consolidated Natural Resources Act help
tell America's stories--stories of sacrifice, bravery, and awe of the
land's natural beauty--so that we and our children can carry on the
historical traditions that others have handed down to us.
The Consolidated Natural Resources Act is a bipartisan package that
brings together nearly four dozen projects to preserve our Nation's
land and our Nation's heritage.
Mr. INOUYE. Madam President, today I join my colleagues in supporting
the passage of S. 2739, the omnibus lands bill, which included two
issues of special interest to me. First, the bill seeks to correct
profound problems in local immigration laws that have enabled the
import of low paid, short termed indentured workers to be brought to
the Commonwealth of the Northern Mariana Islands, CNMI. Some were
bought to work in garment factories. Others arrived in the CNMI, only
to find that there was no job waiting for them, and were forced to find
unpalatable means to work off their bondage debt. I am pleased that
today, this bill will address longstanding concerns regarding the
CNMI's immigration problems.
Secondly, this bill also includes a provision to expand the boundary
of the Minidoka Internment National Monument, and establish a unit on
Bainbridge Island, Washington, for a new Japanese American Memorial at
the Eagledale Ferry Dock. The Minidoka site is significant, because the
Minidoka Internment Camp featured the highest level of military
participation in any of the camps, and Bainbridge Island was the first
community for Japanese Americans to be relocated to. I believe that we
need to do all that we can to preserve internment camp sites, because
they serve as a powerful reminder of how important it is to have a
vibrant democracy that protects the civil liberties of all.
Mr. WARNER. Madam President, I rise today in support of the
Consolidated Natural Resources Act, S. 2739. This omnibus package
includes language that is especially important to my State, as well as
the Nation. Amongst other things, S. 2739 would designate some of
America's most historic and beautiful lands as National Heritage Areas,
including the area along Route 15 in Virginia. Known as the Journey
Through Hallowed Ground, this effort has been championed by myself, my
good friend Congressman Frank Wolf, and Senator Jim Webb. I thank them
for all their efforts on behalf of this legislation.
As my colleagues are aware, National Heritage Areas are intended to
encourage residents, government agencies, nonprofit groups, and private
partners to collaboratively plan and implement programs and projects to
recognize, preserve, and celebrate many of America's defining
landscapes. Today, there are 37 National Heritage Areas spread out
across the United States.
In Virginia, we are lucky enough to have a landscape that is worthy
of the recognition and celebration that a National Heritage Area
designation would afford it. Stretching through four States, and
generally following the path of the Old Carolina Road, today's Route
15, the proposed Journey Through Hallowed Ground National Heritage Area
is home to some of our Nation's greatest historic, cultural, and
natural treasures. The region's riches read like a star-studded list of
American History: Monticello, Montpelier, Manassas, Gettysburg. The
list goes on. In all, there are 15 National Historic Landmarks, 47
historic districts, a number of Presidential homes, and the largest
collection of Civil War battlefields in the Country. It is an area,
literally, where America happened.
With basic, technical assistance from the National Park Service, this
proposed Heritage area would be managed by The Journey Through Hallowed
Ground Partnership, a nonprofit entity whose sole purpose is to trumpet
the magnificence of the Hallowed Ground's offerings. Already, the
Partnership has provided opportunities for thousands of visitors to
enjoy the region's spectacular natural and historical resources, and
they have worked hard to get this area the designation and recognition
it deserves.
Now, before I conclude, I would like to take a quick moment to
address several of the arguments voiced by critics against national
heritage areas. First and foremost among these arguments, is that
national heritage areas infringe upon private property rights. This
simply is not accurate. As the Government Accountability Office, GAO,
noted in testimony to the Energy and Natural Resources Committee,
``National heritage areas do not appear [to affect] private property
rights'', GAO-04-593T. Furthermore, as an example that they don't, I
offer up the State of Tennessee, in its entirety, which today is
designated a national heritage area and has had no intrusion on
property rights. And, lastly, I point to language in this legislation
that I specifically put in to ensure that no intrusion on property
rights occured. It states, in some detail, that ``nothing in this
subtitle abridges the rights of any property owner.''
Other criticisms include concerns about the costs of heritage areas,
and also that heritage areas increase the role of the Federal
Government. To the issue of costs, I note that heritage areas provide a
way for the Federal Government to highlight our Nation's historical,
cultural, and natural resources without having to actually own and
maintain them--which, as we know by the current maintenance backlogs in
the Park System, are quite costly to the American taxpayer. Secondly, I
would like to remind my friends that often heritage areas require a
funding match before a single Federal dollar can be appropriated. This
is the case for the heritage area which I come to champion today--The
Journey Through Hallowed Ground. Every taxpayer dollar that is
appropriated to the Journey Through Hallowed Ground must be matched
equally by non-Federal entities.
As for the other criticism, that heritage areas increase the role of
the Federal Government and impose upon State and local governments, I
note that heritage areas require and provide exorbitant opportunity for
State and local input. In fact, in forming the Hallowed Ground, the
local coordinating entity sought and received support from every local
city, county, and town within the proposed Heritage Area. The Governor
and Virginia General Assembly, whom I sincerely thank, also supported
this effort. I commend the Journey Through Hallowed Ground Partnership
for reaching out to all these groups.
In conclusion, I urge my colleagues to join me in supporting this
legislation, and I thank you for this opportunity to speak on behalf of
The Journey Through Hallowed Ground.
Mr. DOOD. Madam President, I support of S. 2739, the Consolidated
Natural Resources Act of 2008, sponsored by Senator Bingaman, the
chairman of the Energy and Natural Resources Committee. This
legislation will protect and preserve natural treasures all across this
country. It is of particular importance to me and to the people of
Connecticut, as it contains a provision I authored that would ensure
the preservation of the Eightmile River watershed under the auspices of
the Wild and Scenic Rivers Act.
As elected representatives, I believe that one of our most important
obligations is to ensure that this country's vast array of natural
resources and wilderness is managed in an environmentally responsible
and sustainable way. We owe it to future generations of Americans to
protect the areas of pristine beauty and ecological diversity that
figure so prominently in our Nation's history and character. Since
1968, the National Wild and Scenic River Act has played a critical role
in furthering this mission by making it the policy of the United States
to preserve in free-flowing fashion, rivers of, to quote the act,
``scenic, recreational, geologic, fish and wildlife, historic,

[[Page S2882]]

cultural or other similar values . . . for the benefit and enjoyment of
present and future generations.''
Designation of the Eightmile River as a Wild and Scenic River enjoys
extraordinarily broad support in my home State, and a 3-year study by
the National Park Service found that the river meets the criteria to
receive a ``scenic'' designation. The entire Connecticut Congressional
delegation supports this legislation, as does the Connecticut State
Legislature, which passed a resolution of support. Most importantly,
designation is supported by the communities that will be most affected
by this designation, those in the Eightmile watershed. This effort to
preserve the special attributes of the Eightmile is a product of the
communities' recognition of the beauty and fragility of the special
place in which they live. Votes in each community were strongly in
favor of designation, in part because the study process and debate
allowed for many perspectives to be heard.
The attributes of the river that are so valued by the residents of
Connecticut include its clean water, with 92 percent of the watershed's
streamwater meeting the State's highest quality standards, and no point
sources of pollution. The streams flow freely with no dams or
diversions--rare in a State that has been densely populated as long as
Connecticut. Eighty percent of the land area is forested. The natural
streams and large areas of interconnected forest provide habitat for
rare species. In fact, the study for eligibility determined that the
Eightmile River watershed ranks in the 99th percentile in New England
for globally rare species per unit area. The residents of this unique
area treasure the beautiful character of the Eightmile watershed. It is
a quintessential rural New England landscape, dotted with colonial
homes and historic churches and unmarred by modern industrial
development.
The towns within the watershed have begun to implement the parts of
the watershed management plan that are in their jurisdiction.
Congressional designation as a Wild and Scenic River will bolster these
efforts and provide the stability for ongoing long-term preservation. I
urge my colleagues to join me in supporting this important legislation,
and I thank the chairman of the Energy Committee for his extraordinary
commitment to protecting this country's natural treasures.
Mr. SALAZAR. Madam President, I rise today in strong support of S.
2739, a package of natural resource bills that Chairman Bingaman has
assembled. The bills that are in this package have received the
unanimous endorsement of the Senate Energy and Natural Resources
Committee and have cleared the House. I want to thank Senator Bingaman
for his leadership in the Committee and I want to thank Majority Leader
Reid for bringing this package before the Senate for consideration.
There are four bills in this package that I am particularly proud to
support: S. 500, a bill that would form a commission to study the
possible creation of the National Museum of the American Latino; S.
1116, a bill that would help make better use of the water that is
produced as a byproduct of energy development; S. 752, a bill that
would authorize a program to assist with endangered species recovery
along the Platte River in Colorado, Nebraska, and Wyoming; and S. 327,
the Cesar Estrada Chavez Study Act, which would help preserve the
legacy of one of our Nation's most important civil rights leaders.
I want to spend a couple minutes talking about each of these bills,
but first, Mr. President, I want to discuss the process through which
we are debating these bills.
This is, as my colleagues all know, a highly unusual process for
debating natural resource bills. Typically, the Senate is able to take
up and pass with the strong support the 100 Members in this Chamber--
most bills that pertain to national parks, forests, national museums,
historic preservation, and cultural resource protections. If a bill
clears the Senate Energy and Natural Resources Committee by unanimous
consent it is likely that the full Senate will clear it by unanimous
consent.
Why has this been the practice? Because most of the bills we pass out
of the Energy and Natural Resources Committee are bipartisan,
noncontroversial, and easily garner the unanimous support of 100
Members.
This is how Congress established the Black Canyon of the Gunnison
National Park in Colorado in 1999. It is how we passed the Great Sand
Dunes National Park and Preserve Act in my native San Luis Valley in
2000. It is how we established the Sand Creek Massacre National
Historic Site in Kiowa County in 2005.
It is how we pass bills like the Buffalo Soldiers Commemoration Act,
the Eisenhower Memorial Act, and the Ojito Wilderness Act. The list
goes on and on.
Mr. President, on issues like health care, the economy, and Iraq, the
parties do have real and substantial differences, and those differences
merit serious debate here on the floor. But on how to protect our
national treasures and traditions, we are usually in lock step.
Unfortunately, that has not been the case this year. Instead, every
single bill that leaves the Energy and Natural Resources Committee,
regardless of its subject or content, has encountered an objection.
Mr. President, each of us is certainly within our rights in objecting
to a bill. That is a solemn right in this chamber, and it is one that
ensures that when a Member has a strong, substantive objection to a
bill, he or she can be heard.
Unfortunately, Mr. President, I fear that the objections to these
bills make it even more difficult to make progress on the issues that
face our Nation.
All the bills in this package have my support and the support of the
Energy and Natural Resources Committee, but there are four bills of
which I am particularly proud.
The first, S. 500, would help us determine how we can more properly
recognize the contributions of Hispanic Americans to our nation's
history. The Commission to Study the Potential Creation of the National
Museum of the American Latino Act of 2007 would do what its title
suggests: it would establish a commission to study the potential
creation of a national museum dedicated to the art, culture, and
history of Hispanic Americans. The Commission will be tasked with
studying the impact of the potential museum and the cost of
construction and maintenance. It will also be tasked with developing an
action plan, a fundraising plan, and a recommendation on whether to
proceed with construction of the museum.
The second, S. 1116, is a bill I worked on with my colleague from
Colorado, Representative Mark Udall, which would help make better use
of the water that is produced during energy development. Each day, more
than two million gallons of useable groundwater are wasted, turned into
what is known as ``produced water,'' after it is brought to the surface
during oil and gas drilling or coal bed methane extraction. This water
is often contaminated beyond use.
The ``More Water, More Energy, Less Waste Act of 2007'', cosponsored
by Senators Bingaman, Domenici, and Enzi--along with the late Senator
Thomas--initiates a feasibility study on recovering ``produced water.''
It also establishes a grant program to test technologies that would
convert ``produced'' water to ``useable'' water.
This bill will be of great value in the arid West, where we are
constantly looking for ways to increase our water supplies for crop
irrigation, livestock watering, wildlife habitat, and recreational
opportunities. It is deserving of swift passage.
The third bill I would like to highlight is S. 752, the Platte River
Recovery Implementation Program and Pathfinder Modification
Authorization Act of 2007. It is a bill that Senator Ben Nelson,
Senator Allard, Senator Hagel and I introduced. The bill authorizes the
Secretary of the Interior to participate in a program to help
endangered species recovery along the Platte River in Nebraska,
Colorado, and Wyoming. The Governors of Nebraska, Colorado, and Wyoming
and the Department of Interior spent nine years developing the plan for
this program, which they finalized in 2006.
S. 752 authorizes the Secretary of Interior to carry out the
Endangered Species Recovery Program in partnership with the States.
Under the bill, the States and Federal Government will share costs, 50-
50, on projects that provide benefits for endangered and threatened
species recovery and that

[[Page S2883]]

help with the monitoring and research on the benefits of the program.
The bill authorizes $157 million to support the federal portion of the
work.
Finally, Mr. President, this package includes a bill, S. 327, that
would help preserve the legacy of one of our Nation's top civil rights
leaders, Cesar Estrada Chavez.
We all know the story of Cesar Chavez. From a family of migrant farm
workers, Cesar Chavez began working in the fields at age 10. He moved
from job to job across the Southwest, enduring the hardships and
injustices of farm worker life. In 1952, at age 35, Chavez started
working as a community activist, fighting for civil rights for all
workers. Ten years later, he founded the National Farm Workers
Association, which became the United Farm Workers of America, and led
efforts to improve wages and working conditions. Chavez, through his
work to improve the lives of farm workers across the country, is one of
our nation's most important civil rights leaders. We must honor his
memory and remember the sacrifices he made on our behalf.
To that end, the Cesar Estrada Chavez Study Act would authorize the
Secretary of the Interior to conduct a resource study, not later than 3
years after funds are made available, of sites associated with the life
of Cesar Estrada Chavez. The study would help determine whether those
sites meet the criteria for being listed on the National Register of
Historic Places or possible designation as national historic landmarks.
I am a proud co-sponsor of this bill and will continue to fight until
it is passed.
Mr. President, I want to again thank Chairman Bingaman and Majority
Leader Reid for their leadership in bringing this package of lands
bills to the floor and for working to overcome the obstructionism that
has, unfortunately, become so common in this body. These are
bipartisan, common-sense bills that will help protect our nation's
natural, cultural, and historic heritage, and I urge their prompt
passage.
The PRESIDING OFFICER. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. BINGAMAN. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The bill having been read the third time, the question is, Shall the
bill pass?
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton)
and the Senator from Illinois (Mr. Obama) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from North Carolina (Mrs. Dole), the Senator from New Hampshire (Mr.
Gregg), and the Senator from Arizona (Mr. McCain).
Further, if present and voting, the Senator from North Carolina (Mrs.
Dole) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 91, nays 4, as follows:

[Rollcall Vote No. 101 Leg.]

YEAS--91

Akaka
Alexander
Allard
Barrasso
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Craig
Crapo
Dodd
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Hagel
Harkin
Hatch
Hutchison
Inouye
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden

NAYS--4

Coburn
DeMint
Inhofe
Vitter

NOT VOTING--5

Clinton
Dole
Gregg
McCain
Obama
The bill (S. 2739) was passed, as follows:

S. 2739

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
``Consolidated Natural Resources Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--FOREST SERVICE AUTHORIZATIONS

Sec. 101. Wild Sky Wilderness.
Sec. 102. Designation of national recreational trail, Willamette
National Forest, Oregon, in honor of Jim Weaver, a former
Member of the House of Representatives.

TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

Sec. 201. Piedras Blancas Historic Light Station.
Sec. 202. Jupiter Inlet Lighthouse Outstanding Natural Area.
Sec. 203. Nevada National Guard land conveyance, Clark County, Nevada.

TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS

Subtitle A--Cooperative Agreements

Sec. 301. Cooperative agreements for national park natural resource
protection.

Subtitle B--Boundary Adjustments and Authorizations

Sec. 311. Carl Sandburg Home National Historic Site boundary
adjustment.
Sec. 312. Lowell National Historical Park boundary adjustment.
Sec. 313. Minidoka National Historic Site.
Sec. 314. Acadia National Park improvement.

Subtitle C--Studies

Sec. 321. National Park System special resource study, Newtonia Civil
War Battlefields, Missouri.
Sec. 322. National Park Service study regarding the Soldiers' Memorial
Military Museum.
Sec. 323. Wolf House study.
Sec. 324. Space Shuttle Columbia study.
Sec. 325. Cesar E. Chavez study.
Sec. 326. Taunton, Massachusetts, special resource study.
Sec. 327. Rim of the Valley Corridor study.

Subtitle D--Memorials, Commissions, and Museums

Sec. 331. Commemorative work to honor Brigadier General Francis Marion
and his family.
Sec. 332. Dwight D. Eisenhower Memorial Commission.
Sec. 333. Commission to Study the Potential Creation of a National
Museum of the American Latino.
Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration
Commission.
Sec. 335. Sense of Congress regarding the designation of the Museum of
the American Quilter's Society of the United States.
Sec. 336. Sense of Congress regarding the designation of the National
Museum of Wildlife Art of the United States.
Sec. 337. Redesignation of Ellis Island Library.

Subtitle E--Trails and Rivers

Sec. 341. Authorization and administration of Star-Spangled Banner
National Historic Trail.
Sec. 342. Land conveyance, Lewis and Clark National Historic Trail,
Nebraska.
Sec. 343. Lewis and Clark National Historic Trail extension.
Sec. 344. Wild and scenic River designation, Eightmile River,
Connecticut.

Subtitle F--Denali National Park and Alaska Railroad Exchange

Sec. 351. Denali National Park and Alaska Railroad Corporation
exchange.

Subtitle G--National Underground Railroad Network to Freedom Amendments

Sec. 361. Authorizing appropriations for specific purposes.

Subtitle H--Grand Canyon Subcontractors

Sec. 371. Definitions.
Sec. 372. Authorization.

TITLE IV--NATIONAL HERITAGE AREAS

Subtitle A--Journey Through Hallowed Ground National Heritage Area

Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Designation of the Journey Through Hallowed Ground National
Heritage Area.
Sec. 404. Management plan.

[[Page S2884]]

Sec. 405. Evaluation; report.
Sec. 406. Local coordinating entity.
Sec. 407. Relationship to other Federal agencies.
Sec. 408. Private property and regulatory protections.
Sec. 409. Authorization of appropriations.
Sec. 410. Use of Federal funds from other sources.
Sec. 411. Sunset for grants and other assistance.

Subtitle B--Niagara Falls National Heritage Area

Sec. 421. Purposes.
Sec. 422. Definitions.
Sec. 423. Designation of the Niagara Falls National Heritage Area.
Sec. 424. Management plan.
Sec. 425. Evaluation; report.
Sec. 426. Local coordinating entity.
Sec. 427. Niagara Falls Heritage Area Commission.
Sec. 428. Relationship to other Federal agencies.
Sec. 429. Private property and regulatory protections.
Sec. 430. Authorization of appropriations.
Sec. 431. Use of Federal funds from other sources.
Sec. 432. Sunset for grants and other assistance.

Subtitle C--Abraham Lincoln National Heritage Area

Sec. 441. Purposes.
Sec. 442. Definitions.
Sec. 443. Designation of Abraham Lincoln National Heritage Area.
Sec. 444. Management plan.
Sec. 445. Evaluation; report.
Sec. 446. Local coordinating entity.
Sec. 447. Relationship to other Federal agencies.
Sec. 448. Private property and regulatory protections.
Sec. 449. Authorization of appropriations.
Sec. 450. Use of Federal funds from other sources.
Sec. 451. Sunset for grants and other assistance.

Subtitle D--Authorization Extensions and Viability Studies

Sec. 461. Extensions of authorized appropriations.
Sec. 462. Evaluation and report.

Subtitle E--Technical Corrections and Additions

Sec. 471. National Coal Heritage Area technical corrections.
Sec. 472. Rivers of steel national heritage area addition.
Sec. 473. South Carolina National Heritage Corridor addition.
Sec. 474. Ohio and Erie Canal National Heritage Corridor technical
corrections.
Sec. 475. New Jersey Coastal Heritage trail route extension of
authorization.

Subtitle F--Studies

Sec. 481. Columbia-Pacific National Heritage Area study.
Sec. 482. Study of sites relating to Abraham Lincoln in Kentucky.

TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY
AUTHORIZATIONS

Sec. 501. Alaska water resources study.
Sec. 502. Renegotiation of payment schedule, Redwood Valley County
Water District.
Sec. 503. American River Pump Station Project transfer.
Sec. 504. Arthur V. Watkins Dam enlargement.
Sec. 505. New Mexico water planning assistance.
Sec. 506. Conveyance of certain buildings and lands of the Yakima
Project, Washington.
Sec. 507. Conjunctive use of surface and groundwater in Juab County,
Utah.
Sec. 508. Early repayment of A & B Irrigation District construction
costs.
Sec. 509. Oregon water resources.
Sec. 510. Republican River Basin feasibility study.
Sec. 511. Eastern Municipal Water District.
Sec. 512. Bay Area regional water recycling program.
Sec. 513. Bureau of Reclamation site security.
Sec. 514. More water, more energy, and less waste.
Sec. 515. Platte River Recovery Implementation Program and Pathfinder
Modification Project authorization.
Sec. 516. Central Oklahoma Master Conservatory District feasibility
study.

TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS

Sec. 601. Energy technology transfer.
Sec. 602. Amendments to the Steel and Aluminum Energy Conservation and
Technology Competitiveness Act of 1988.

TITLE VII--NORTHERN MARIANA ISLANDS

Subtitle A--Immigration, Security, and Labor

Sec. 701. Statement of congressional intent.
Sec. 702. Immigration reform for the Commonwealth.
Sec. 703. Further amendments to Public Law 94-241.
Sec. 704. Authorization of appropriations.
Sec. 705. Effective date.

Subtitle B--Northern Mariana Islands Delegate

Sec. 711. Delegate to House of Representatives from Commonwealth of the
Northern Mariana Islands.
Sec. 712. Election of Delegate.
Sec. 713. Qualifications for Office of Delegate.
Sec. 714. Determination of election procedure.
Sec. 715. Compensation, privileges, and immunities.
Sec. 716. Lack of effect on covenant.
Sec. 717. Definition.
Sec. 718. Conforming amendments regarding appointments to military
service academies by Delegate from the Commonwealth of
the Northern Mariana Islands.

TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS

Sec. 801. Approval of Agreements.
Sec. 802. Funds to facilitate Federal activities.
Sec. 803. Conforming amendment.
Sec. 804. Clarifications regarding Palau.
Sec. 805. Availability of legal services.
Sec. 806. Technical amendments.
Sec. 807. Transmission of videotape programming.
Sec. 808. Palau road maintenance.
Sec. 809. Clarification of tax-free status of trust funds.
Sec. 810. Transfer of naval vessels to certain foreign recipients.

TITLE I--FOREST SERVICE AUTHORIZATIONS

SEC. 101. WILD SKY WILDERNESS.

(a) Additions to the National Wilderness Preservation
System.--
(1) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System: certain lands which comprise
approximately 106,000 acres, as generally depicted on a map
entitled ``Wild Sky Wilderness Proposal'' and dated February
6, 2007, which shall be known as the ``Wild Sky Wilderness''.
(2) Map and legal descriptions.--As soon as practicable
after the date of enactment of this Act, the Secretary of
Agriculture shall file a map and a legal description for the
wilderness area designated under this section with the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives. The map and description shall have the same
force and effect as if included in this section, except that
the Secretary of Agriculture may correct clerical and
typographical errors in the legal description and map. The
map and legal description shall be on file and available for
public inspection in the office of the Chief of the Forest
Service, Department of Agriculture.
(b) Administration Provisions.--
(1) In general.--
(A) Subject to valid existing rights, lands designated as
wilderness by this section shall be managed by the Secretary
of Agriculture in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this section, except that, with
respect to any wilderness areas designated by this section,
any reference in the Wilderness Act to the effective date of
the Wilderness Act shall be deemed to be a reference to the
date of enactment of this Act.
(B) To fulfill the purposes of this section and the
Wilderness Act and to achieve administrative efficiencies,
the Secretary of Agriculture may manage the area designated
by this section as a comprehensive part of the larger complex
of adjacent and nearby wilderness areas.
(2) New trails.--
(A) The Secretary of Agriculture shall consult with
interested parties and shall establish a trail plan for
Forest Service lands in order to develop--
(i) a system of hiking and equestrian trails within the
wilderness designated by this section in a manner consistent
with the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) a system of trails adjacent to or to provide access to
the wilderness designated by this section.
(B) Within 2 years after the date of enactment of this Act,
the Secretary of Agriculture shall complete a report on the
implementation of the trail plan required under this section.
This report shall include the identification of priority
trails for development.
(3) Repeater site.--Within the Wild Sky Wilderness, the
Secretary of Agriculture is authorized to use helicopter
access to construct and maintain a joint Forest Service and
Snohomish County telecommunications repeater site, in
compliance with a Forest Service approved communications site
plan, for the purposes of improving communications for
safety, health, and emergency services.
(4) Float plane access.--As provided by section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of
floatplanes on Lake Isabel, where such use has already become
established, shall be permitted to continue subject to such
reasonable restrictions as the Secretary of Agriculture
determines to be desirable.
(5) Evergreen mountain lookout.--The designation under this
section shall not preclude the operation and maintenance of
the existing Evergreen Mountain Lookout in the same manner
and degree in which the operation and maintenance of such
lookout was

[[Page S2885]]

occurring as of the date of enactment of this Act.
(c) Authorization for Land Acquisition.--
(1) In general.--The Secretary of Agriculture is authorized
to acquire lands and interests therein, by purchase,
donation, or exchange, and shall give priority consideration
to those lands identified as ``Priority Acquisition Lands''
on the map described in subsection (a)(1). The boundaries of
the Mt. Baker-Snoqualmie National Forest and the Wild Sky
Wilderness shall be adjusted to encompass any lands acquired
pursuant to this section.
(2) Access.--Consistent with section 5(a) of the Wilderness
Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall
ensure adequate access to private inholdings within the Wild
Sky Wilderness.
(3) Appraisal.--Valuation of private lands shall be
determined without reference to any restrictions on access or
use which arise out of designation as a wilderness area as a
result of this section.
(d) Land Exchanges.--The Secretary of Agriculture shall
exchange lands and interests in lands, as generally depicted
on a map entitled ``Chelan County Public Utility District
Exchange'' and dated May 22, 2002, with the Chelan County
Public Utility District in accordance with the following
provisions:
(1) If the Chelan County Public Utility District, within 90
days after the date of enactment of this Act, offers to the
Secretary of Agriculture approximately 371.8 acres within the
Mt. Baker-Snoqualmie National Forest in the State of
Washington, the Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of
Agriculture to such lands and interests therein, the
Secretary of Agriculture shall convey to the Chelan County
Public Utility District a permanent easement, including
helicopter access, consistent with such levels as used as of
the date of enactment of this Act, to maintain an existing
telemetry site to monitor snow pack on 1.82 acres on the
Wenatchee National Forest in the State of Washington.
(3) The exchange directed by this section shall be
consummated if Chelan County Public Utility District conveys
title acceptable to the Secretary and provided there is no
hazardous material on the site, which is objectionable to the
Secretary.
(4) In the event Chelan County Public Utility District
determines there is no longer a need to maintain a telemetry
site to monitor the snow pack for calculating expected runoff
into the Lake Chelan hydroelectric project and the
hydroelectric projects in the Columbia River Basin, the
Secretary shall be notified in writing and the easement shall
be extinguished and all rights conveyed by this exchange
shall revert to the United States.

SEC. 102. DESIGNATION OF NATIONAL RECREATIONAL TRAIL,
WILLAMETTE NATIONAL FOREST, OREGON, IN HONOR OF
JIM WEAVER, A FORMER MEMBER OF THE HOUSE OF
REPRESENTATIVES.

(a) Designation.--Forest Service trail number 3590 in the
Willamette National Forest in Lane County, Oregon, which is a
19.6 mile trail that begins and ends at North Waldo
Campground and circumnavigates Waldo Lake, is hereby
designated as a national recreation trail under section 4 of
the National Trails System Act (16 U.S.C. 1243) and shall be
known as the ``Jim Weaver Loop Trail''.
(b) Interpretive Sign.--Using funds available for the
Forest Service, the Secretary of Agriculture shall prepare,
install, and maintain an appropriate sign at the trailhead of
the Jim Weaver Loop Trail to indicate the name of the trail
and to provide information regarding the life and career of
Congressman Jim Weaver.

TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS

SEC. 201. PIEDRAS BLANCAS HISTORIC LIGHT STATION.

(a) Definitions.--In this section:
(1) Light station.--The term ``Light Station'' means
Piedras Blancas Light Station.
(2) Outstanding natural area.--The term ``Outstanding
Natural Area'' means the Piedras Blancas Historic Light
Station Outstanding Natural Area established pursuant to
subsection (c).
(3) Public lands.--The term ``public lands'' has the
meaning stated in section 103(e) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1703(e)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Findings.--Congress finds as follows:
(1) The publicly owned Piedras Blancas Light Station has
nationally recognized historical structures that should be
preserved for present and future generations.
(2) The coastline adjacent to the Light Station is
internationally recognized as having significant wildlife and
marine habitat that provides critical information to research
institutions throughout the world.
(3) The Light Station tells an important story about
California's coastal prehistory and history in the context of
the surrounding region and communities.
(4) The coastal area surrounding the Light Station was
traditionally used by Indian people, including the Chumash
and Salinan Indian tribes.
(5) The Light Station is historically associated with the
nearby world-famous Hearst Castle (Hearst San Simeon State
Historical Monument), now administered by the State of
California.
(6) The Light Station represents a model partnership where
future management can be successfully accomplished among the
Federal Government, the State of California, San Luis Obispo
County, local communities, and private groups.
(7) Piedras Blancas Historic Light Station Outstanding
Natural Area would make a significant addition to the
National Landscape Conservation System administered by the
Department of the Interior's Bureau of Land Management.
(8) Statutory protection is needed for the Light Station
and its surrounding Federal lands to ensure that it remains a
part of our historic, cultural, and natural heritage and to
be a source of inspiration for the people of the United
States.
(c) Designation of the Piedras Blancas Historic Light
Station Outstanding Natural Area.--
(1) In general.--In order to protect, conserve, and enhance
for the benefit and enjoyment of present and future
generations the unique and nationally important historical,
natural, cultural, scientific, educational, scenic, and
recreational values of certain lands in and around the
Piedras Blancas Light Station, in San Luis Obispo County,
California, while allowing certain recreational and research
activities to continue, there is established, subject to
valid existing rights, the Piedras Blancas Historic Light
Station Outstanding Natural Area.
(2) Maps and legal descriptions.--The boundaries of the
Outstanding Natural Area as those shown on the map entitled
``Piedras Blancas Historic Light Station: Outstanding Natural
Area'', dated May 5, 2004, which shall be on file and
available for public inspection in the Office of the
Director, Bureau of Land Management, United States Department
of the Interior, and the State office of the Bureau of Land
Management in the State of California.
(3) Basis of management.--The Secretary shall manage the
Outstanding Natural Area as part of the National Landscape
Conservation System to protect the resources of the area, and
shall allow only those uses that further the purposes for the
establishment of the Outstanding Natural Area, the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), and other applicable laws.
(4) Withdrawal.--Subject to valid existing rights, and in
accordance with the existing withdrawal as set forth in
Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198,
Federal Register 52149), the Federal lands and interests in
lands included within the Outstanding Natural Area are hereby
withdrawn from--
(A) all forms of entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the public land
mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
(d) Management of the Piedras Blancas Historic Light
Station Outstanding Natural Area.--
(1) In general.--The Secretary shall manage the Outstanding
Natural Area in a manner that conserves, protects, and
enhances the unique and nationally important historical,
natural, cultural, scientific, educational, scenic, and
recreational values of that area, including an emphasis on
preserving and restoring the Light Station facilities,
consistent with the requirements of subsection (c)(3).
(2) Uses.--Subject to valid existing rights, the Secretary
shall only allow such uses of the Outstanding Natural Area as
the Secretary finds are likely to further the purposes for
which the Outstanding Natural Area is established as set
forth in subsection (c)(1).
(3) Management plan.--Not later than 3 years after of the
date of enactment of this Act, the Secretary shall complete a
comprehensive management plan consistent with the
requirements of section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) to provide long-term
management guidance for the public lands within the
Outstanding Natural Area and fulfill the purposes for which
it is established, as set forth in subsection (c)(1). The
management plan shall be developed in consultation with
appropriate Federal, State, and local government agencies,
with full public participation, and the contents shall
include--
(A) provisions designed to ensure the protection of the
resources and values described in subsection (c)(1);
(B) objectives to restore the historic Light Station and
ancillary buildings;
(C) an implementation plan for a continuing program of
interpretation and public education about the Light Station
and its importance to the surrounding community;
(D) a proposal for minimal administrative and public
facilities to be developed or improved at a level compatible
with achieving the resources objectives for the Outstanding
Natural Area as described in paragraph (1) and with other
proposed management activities to accommodate visitors and
researchers to the Outstanding Natural Area; and
(E) cultural resources management strategies for the
Outstanding Natural Area, prepared in consultation with
appropriate departments of the State of California, with
emphasis on the preservation of the resources of the
Outstanding Natural Area and the interpretive, education, and
long-term scientific uses of the resources, giving priority
to the enforcement of the Archaeological Resources Protection
Act of 1979 (16

[[Page S2886]]

U.S.C. 470aa et seq.) and the National Historic Preservation
Act (16 U.S.C. 470 et seq.) within the Outstanding Natural
Area.
(4) Cooperative agreements.--In order to better implement
the management plan and to continue the successful
partnerships with the local communities and the Hearst San
Simeon State Historical Monument, administered by the
California Department of Parks and Recreation, the Secretary
may enter into cooperative agreements with the appropriate
Federal, State, and local agencies pursuant to section 307(b)
of the Federal Land Management Policy and Management Act of
1976 (43 U.S.C. 1737(b)).
(5) Research activities.--In order to continue the
successful partnership with research organizations and
agencies and to assist in the development and implementation
of the management plan, the Secretary may authorize within
the Outstanding Natural Area appropriate research activities
for the purposes identified in subsection (c)(1) and pursuant
to section 307(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1737(a)).
(6) Acquisition.--State and privately held lands or
interests in lands adjacent to the Outstanding Natural Area
and identified as appropriate for acquisition in the
management plan may be acquired by the Secretary as part of
the Outstanding Natural Area only by--
(A) donation;
(B) exchange with a willing party; or
(C) purchase from a willing seller.
(7) Additions to the outstanding natural area.--Any lands
or interest in lands adjacent to the Outstanding Natural Area
acquired by the United States after the date of enactment of
this Act shall be added to and administered as part of the
Outstanding Natural Area.
(8) Overflights.--Nothing in this section or the management
plan shall be construed to--
(A) restrict or preclude overflights, including low level
overflights, military, commercial, and general aviation
overflights that can be seen or heard within the Outstanding
Natural Area;
(B) restrict or preclude the designation or creation of new
units of special use airspace or the establishment of
military flight training routes over the Outstanding Natural
Area; or
(C) modify regulations governing low-level overflights
above the adjacent Monterey Bay National Marine Sanctuary.
(9) Law enforcement activities.--Nothing in this section
shall be construed to preclude or otherwise affect coastal
border security operations or other law enforcement
activities by the Coast Guard or other agencies within the
Department of Homeland Security, the Department of Justice,
or any other Federal, State, and local law enforcement
agencies within the Outstanding Natural Area.
(10) Native american uses and interests.--In recognition of
the past use of the Outstanding Natural Area by Indians and
Indian tribes for traditional cultural and religious
purposes, the Secretary shall ensure access to the
Outstanding Natural Area by Indians and Indian tribes for
such traditional cultural and religious purposes. In
implementing this subsection, the Secretary, upon the request
of an Indian tribe or Indian religious community, shall
temporarily close to the general public use of one or more
specific portions of the Outstanding Natural Area in order to
protect the privacy of traditional cultural and religious
activities in such areas by the Indian tribe or Indian
religious community. 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 et seq.; commonly referred to as the ``American Indian
Religious Freedom Act'').
(11) No buffer zones.--The designation of the Outstanding
Natural Area is not intended to lead to the creation of
protective perimeters or buffer zones around area. The fact
that activities outside the Outstanding Natural Area and not
consistent with the purposes of this section can be seen or
heard within the Outstanding Natural Area shall not, of
itself, preclude such activities or uses up to the boundary
of the Outstanding Natural Area.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 202. JUPITER INLET LIGHTHOUSE OUTSTANDING NATURAL AREA.

(a) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Lighthouse.--The term ``Lighthouse'' means the Jupiter
Inlet Lighthouse located in Palm Beach County, Florida.
(3) Local partners.--The term ``Local Partners'' includes--
(A) Palm Beach County, Florida;
(B) the Town of Jupiter, Florida;
(C) the Village of Tequesta, Florida; and
(D) the Loxahatchee River Historical Society.
(4) Management plan.--The term ``management plan'' means
the management plan developed under subsection (c)(1).
(5) Map.--The term ``map'' means the map entitled ``Jupiter
Inlet Lighthouse Outstanding Natural Area'' and dated October
29, 2007.
(6) Outstanding natural area.--The term ``Outstanding
Natural Area'' means the Jupiter Inlet Lighthouse Outstanding
Natural Area established by subsection (b)(1).
(7) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(e)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Florida.
(b) Establishment of the Jupiter Inlet Lighthouse
Outstanding Natural Area.--
(1) Establishment.--Subject to valid existing rights, there
is established for the purposes described in paragraph (2)
the Jupiter Inlet Lighthouse Outstanding Natural Area, the
boundaries of which are depicted on the map.
(2) Purposes.--The purposes of the Outstanding Natural Area
are to protect, conserve, and enhance the unique and
nationally important historic, natural, cultural, scientific,
educational, scenic, and recreational values of the Federal
land surrounding the Lighthouse for the benefit of present
generations and future generations of people in the United
States, while--
(A) allowing certain recreational and research activities
to continue in the Outstanding Natural Area; and
(B) ensuring that Coast Guard operations and activities are
unimpeded within the boundaries of the Outstanding Natural
Area.
(3) Availability of map.--The map shall be on file and
available for public inspection in appropriate offices of the
Bureau of Land Management.
(4) Withdrawal.--
(A) In general.--Subject to valid existing rights,
subsection (e), and any existing withdrawals under the
Executive orders and public land order described in
subparagraph (B), the Federal land and any interests in the
Federal land included in the Outstanding Natural Area are
withdrawn from--
(i) all forms of entry, appropriation, or disposal 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 and the mineral materials laws.
(B) Description of executive orders.--The Executive orders
and public land order described in subparagraph (A) are--
(i) the Executive Order dated October 22, 1854;
(ii) Executive Order No. 4254 (June 12, 1925); and
(iii) Public Land Order No. 7202 (61 Fed. Reg. 29758).
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with
the Commandant, shall develop a comprehensive management plan
in accordance with section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712) to--
(A) provide long-term management guidance for the public
land in the Outstanding Natural Area; and
(B) ensure that the Outstanding Natural Area fulfills the
purposes for which the Outstanding Natural Area is
established.
(2) Consultation; public participation.--The management
plan shall be developed--
(A) in consultation with appropriate Federal, State,
county, and local government agencies, the Commandant, the
Local Partners, and other partners; and
(B) in a manner that ensures full public participation.
(3) Existing plans.--The management plan shall, to the
maximum extent practicable, be consistent with existing
resource plans, policies, and programs.
(4) Inclusions.--The management plan shall include--
(A) objectives and provisions to ensure--
(i) the protection and conservation of the resource values
of the Outstanding Natural Area; and
(ii) the restoration of native plant communities and
estuaries in the Outstanding Natural Area, with an emphasis
on the conservation and enhancement of healthy, functioning
ecological systems in perpetuity;
(B) objectives and provisions to maintain or recreate
historic structures;
(C) an implementation plan for a program of interpretation
and public education about the natural and cultural resources
of the Lighthouse, the public land surrounding the
Lighthouse, and associated structures;
(D) a proposal for administrative and public facilities to
be developed or improved that--
(i) are compatible with achieving the resource objectives
for the Outstanding Natural Area described in subsection
(d)(1)(A)(ii); and
(ii) would accommodate visitors to the Outstanding Natural
Area;
(E) natural and cultural resource management strategies for
the Outstanding Natural Area, to be developed in consultation
with appropriate departments of the State, the Local
Partners, and the Commandant, with an emphasis on resource
conservation in the Outstanding Natural Area and the
interpretive, educational, and long-term scientific uses of
the resources; and
(F) recreational use strategies for the Outstanding Natural
Area, to be prepared in consultation with the Local Partners,
appropriate departments of the State, and the Coast Guard,
with an emphasis on passive recreation.

[[Page S2887]]

(5) Interim plan.--Until a management plan is adopted for
the Outstanding Natural Area, the Jupiter Inlet Coordinated
Resource Management Plan (including any updates or amendments
to the Jupiter Inlet Coordinated Resource Management Plan)
shall be in effect.
(d) Management of the Jupiter Inlet Lighthouse Outstanding
Natural Area.--
(1) Management.--
(A) In general.--The Secretary, in consultation with the
Local Partners and the Commandant, shall manage the
Outstanding Natural Area--
(i) as part of the National Landscape Conservation System;
(ii) in a manner that conserves, protects, and enhances the
unique and nationally important historical, natural,
cultural, scientific, educational, scenic, and recreational
values of the Outstanding Natural Area, including an emphasis
on the restoration of native ecological systems; and
(iii) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable laws.
(B) Limitation.--In managing the Outstanding Natural Area,
the Secretary shall not take any action that precludes,
prohibits, or otherwise affects the conduct of ongoing or
future Coast Guard operations or activities on lots 16 and
18, as depicted on the map.
(2) Uses.--Subject to valid existing rights and subsection
(e), the Secretary shall only allow uses of the Outstanding
Natural Area that the Secretary, in consultation with the
Commandant and Local Partners, determines would likely
further the purposes for which the Outstanding Natural Area
is established.
(3) Cooperative agreements.--To facilitate implementation
of the management plan and to continue the successful
partnerships with local communities and other partners, the
Secretary may, in accordance with section 307(b) of the
Federal Land Management Policy and Management Act of 1976 (43
U.S.C. 1737(b)), enter into cooperative agreements with the
appropriate Federal, State, county, other local government
agencies, and other partners (including the Loxahatchee River
Historical Society) for the long-term management of the
Outstanding Natural Area
(4) Research activities.--To continue successful research
partnerships, pursue future research partnerships, and assist
in the development and implementation of the management plan,
the Secretary may, in accordance with section 307(a) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1737(a)), authorize the conduct of appropriate research
activities in the Outstanding Natural Area for the purposes
described in subsection (b)(2).
(5) Acquisition of land.--
(A) In general.--Subject to subparagraph (B), the Secretary
may acquire for inclusion in the Outstanding Natural Area any
State or private land or any interest in State or private
land that is--
(i) adjacent to the Outstanding Natural Area; and
(ii) identified in the management plan as appropriate for
acquisition.
(B) Means of acquisition.--Land or an interest in land may
be acquired under subparagraph (A) only by donation,
exchange, or purchase from a willing seller with donated or
appropriated funds.
(C) Additions to the outstanding natural area.--Any land or
interest in land adjacent to the Outstanding Natural Area
acquired by the United States after the date of enactment of
this Act under subparagraph (A) shall be added to, and
administered as part of, the Outstanding Natural Area.
(6) Law enforcement activities.--Nothing in this section,
the management plan, or the Jupiter Inlet Coordinated
Resource Management Plan (including any updates or amendments
to the Jupiter Inlet Coordinated Resource Management Plan)
precludes, prohibits, or otherwise affects--
(A) any maritime security, maritime safety, or
environmental protection mission or activity of the Coast
Guard;
(B) any border security operation or law enforcement
activity by the Department of Homeland Security or the
Department of Justice; or
(C) any law enforcement activity of any Federal, State, or
local law enforcement agency in the Outstanding Natural Area.
(7) Future disposition of coast guard facilities.--If the
Commandant determines, after the date of enactment of this
Act, that Coast Guard facilities within the Outstanding
Natural Area exceed the needs of the Coast Guard, the
Commandant may relinquish the facilities to the Secretary
without removal, subject only to any environmental
remediation that may be required by law.
(e) Effect on Ongoing and Future Coast Guard Operations.--
Nothing in this section, the management plan, or the Jupiter
Inlet Coordinated Resource Management Plan (including updates
or amendments to the Jupiter Inlet Coordinated Resource
Management Plan) precludes, prohibits, or otherwise affects
ongoing or future Coast Guard operations or activities in the
Outstanding Natural Area, including--
(1) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
Coast Guard High Frequency antenna site on lot 16;
(2) the continued and future operation of, access to,
maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the
military family housing area on lot 18;
(3) the continued and future use of, access to, maintenance
of, and, as may be necessitated for Coast Guard missions, the
expansion, enhancement, or replacement of, the pier on lot
18;
(4) the existing lease of the Jupiter Inlet Lighthouse on
lot 18 from the Coast Guard to the Loxahatchee River
Historical Society; or
(5) any easements or other less-than-fee interests in
property appurtenant to existing Coast Guard facilities on
lots 16 and 18.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 203. NEVADA NATIONAL GUARD LAND CONVEYANCE, CLARK
COUNTY, NEVADA.

(a) In General.--Notwithstanding any other provision of
law, Clark County, Nevada, may convey, without consideration,
to the Nevada Division of State Lands for use by the Nevada
National Guard approximately 51 acres of land in Clark
County, Nevada, as generally depicted on the map entitled
``Southern Nevada Readiness Center Act'' and dated October 4,
2005.
(b) Limitation.--If the land described in subsection (a)
ceases to be used by the Nevada National Guard, the land
shall revert to Clark County, Nevada, for management in
accordance with the Southern Nevada Public Land Management
Act of 1998 (Public Law 105-263; 112 Stat. 2343).

TITLE III--NATIONAL PARK SERVICE AUTHORIZATIONS

Subtitle A--Cooperative Agreements

SEC. 301. COOPERATIVE AGREEMENTS FOR NATIONAL PARK NATURAL
RESOURCE PROTECTION.

(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') may enter into
cooperative agreements with State, local, or tribal
governments, other Federal agencies, other public entities,
educational institutions, private nonprofit organizations, or
participating private landowners for the purpose of
protecting natural resources of units of the National Park
System through collaborative efforts on land inside and
outside of National Park System units.
(b) Terms and Conditions.--A cooperative agreement entered
into under subsection (a) shall provide clear and direct
benefits to park natural resources and--
(1) provide for--
(A) the preservation, conservation, and restoration of
coastal and riparian systems, watersheds, and wetlands;
(B) preventing, controlling, or eradicating invasive exotic
species that are within a unit of the National Park System or
adjacent to a unit of the National Park System; or
(C) restoration of natural resources, including native
wildlife habitat or ecosystems;
(2) include a statement of purpose demonstrating how the
agreement will--
(A) enhance science-based natural resource stewardship at
the unit of the National Park System; and
(B) benefit the parties to the agreement;
(3) specify any staff required and technical assistance to
be provided by the Secretary or other parties to the
agreement in support of activities inside and outside the
unit of the National Park System that will--
(A) protect natural resources of the unit of the National
Park System; and
(B) benefit the parties to the agreement;
(4) identify any materials, supplies, or equipment and any
other resources that will be contributed by the parties to
the agreement or by other Federal agencies;
(5) describe any financial assistance to be provided by the
Secretary or the partners to implement the agreement;
(6) ensure that any expenditure by the Secretary pursuant
to the agreement is determined by the Secretary to support
the purposes of natural resource stewardship at a unit of the
National Park System; and
(7) include such other terms and conditions as are agreed
to by the Secretary and the other parties to the agreement.
(c) Limitations.--The Secretary shall not use any funds
associated with an agreement entered into under subsection
(a) for the purposes of land acquisition, regulatory
activity, or the development, maintenance, or operation of
infrastructure, except for ancillary support facilities that
the Secretary determines to be necessary for the completion
of projects or activities identified in the agreement.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

Subtitle B--Boundary Adjustments and Authorizations

SEC. 311. CARL SANDBURG HOME NATIONAL HISTORIC SITE BOUNDARY
ADJUSTMENT.

(a) Definitions.--In this section:
(1) Historic site.--The term ``Historic Site'' means Carl
Sandburg Home National Historic Site.
(2) Map.--The term ``map'' means the map entitled
``Sandburg Center Alternative'' numbered 445/80,017 and dated
April 2007.

[[Page S2888]]

(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Acquisition Authority.--The Secretary may acquire from
willing sellers by donation, purchase with donated or
appropriated funds, or exchange not more than 110 acres of
land, water, or interests in land and water, within the area
depicted on the map, to be added to the Historic Site.
(c) Visitor Center.--To preserve the historic character and
landscape of the site, the Secretary may also acquire up to
five acres for the development of a visitor center and
visitor parking area adjacent to or in the general vicinity
of the Historic Site.
(d) Boundary Revision.--Upon acquisition of any land or
interest in land under this section, the Secretary shall
revise the boundary of the Historic Site to reflect the
acquisition.
(e) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(f) Administration.--Land added to the Historic Site by
this section shall be administered as part of the Historic
Site in accordance with applicable laws and regulations.

SEC. 312. LOWELL NATIONAL HISTORICAL PARK BOUNDARY
ADJUSTMENT.

The Act entitled ``An Act to provide for the establishment
of the Lowell National Historical Park in the Commonwealth of
Massachusetts, and for other purposes'' approved June 5, 1978
(Public Law 95-290; 92 Stat. 290; 16 U.S.C. 410cc et seq.) is
amended as follows:
(1) In section 101(a), by adding a new paragraph after
paragraph (2) as follows:
``(3) The boundaries of the park are modified to include
five parcels of land identified on the map entitled `Boundary
Adjustment, Lowell National Historical Park,' numbered 475/
81,424B and dated September 2004, and as delineated in
section 202(a)(2)(G).''.
(2) In section 202(a)(2), by adding at the end the
following new subparagraph:
``(G) The properties shown on the map identified in
subsection (101)(a)(3) as follows:
``(i) 91 Pevey Street.
``(ii) The portion of 607 Middlesex Place.
``(iii) Eagle Court.
``(iv) The portion of 50 Payne Street.
``(v) 726 Broadway.''.

SEC. 313. MINIDOKA NATIONAL HISTORIC SITE.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Idaho.
(b) Bainbridge Island Japanese American Memorial.--
(1) Boundary adjustment.--
(A) In general.--The boundary of the Minidoka Internment
National Monument, located in the State and established by
Presidential Proclamation 7395 of January 17, 2001, is
adjusted to include the Nidoto Nai Yoni (``Let it not happen
again'') memorial (referred to in this subsection as the
``memorial''), which--
(i) commemorates the Japanese Americans of Bainbridge
Island, Washington, who were the first to be forcibly removed
from their homes and relocated to internment camps during
World War II under Executive Order No. 9066; and
(ii) consists of approximately 8 acres of land owned by the
City of Bainbridge Island, Washington, as depicted on the map
entitled ``Bainbridge Island Japanese American Memorial'',
numbered 194/80,003, and dated September, 2006.
(B) Map.--The map referred to in subparagraph (A) shall be
kept on file and made available for public inspection in the
appropriate offices of the National Park Service.
(2) Administration of memorial.--
(A) In general.--The memorial shall be administered as part
of the Minidoka Internment National Monument.
(B) Agreements.--To carry out this subsection, the
Secretary may enter into agreements with--
(i) the City of Bainbridge Island, Washington;
(ii) the Bainbridge Island Metropolitan Park and
Recreational District;
(iii) the Bainbridge Island Japanese American Community
Memorial Committee;
(iv) the Bainbridge Island Historical Society; and
(v) other appropriate individuals or entities.
(C) Implementation.--To implement an agreement entered into
under this paragraph, the Secretary may--
(i) enter into a cooperative management agreement relating
to the operation and maintenance of the memorial with the
City of Bainbridge Island, Washington, in accordance with
section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)); and
(ii) enter into cooperative agreements with, or make grants
to, the City of Bainbridge Island, Washington, and other non-
Federal entities for the development of facilities,
infrastructure, and interpretive media at the memorial, if
any Federal funds provided by a grant or through a
cooperative agreement are matched with non-Federal funds.
(D) Administration and visitor use site.--The Secretary may
operate and maintain a site in the State of Washington for
administrative and visitor use purposes associated with the
Minidoka Internment National Monument.
(c) Establishment of Minidoka National Historic Site.--
(1) Definitions.--In this section:
(A) Historic site.--The term ``Historic Site'' means the
Minidoka National Historic Site established by paragraph
(2)(A).
(B) Minidoka map.--The term ``Minidoka Map'' means the map
entitled ``Minidoka National Historic Site, Proposed Boundary
Map'', numbered 194/80,004, and dated December 2006.
(2) Establishment.--
(A) National historic site.--In order to protect, preserve,
and interpret the resources associated with the former
Minidoka Relocation Center where Japanese Americans were
incarcerated during World War II, there is established the
Minidoka National Historic Site.
(B) Minidoka internment national monument.--
(i) In general.--The Minidoka Internment National Monument
(referred to in this subsection as the ``Monument)'', as
described in Presidential Proclamation 7395 of January 17,
2001, is abolished.
(ii) Incorporation.--The land and any interests in the land
at the Monument are incorporated within, and made part of,
the Historic Site.
(iii) Funds.--Any funds available for purposes of the
Monument shall be available for the Historic Site.
(C) References.--Any reference in a law (other than in this
title), map, regulation, document, record, or other paper of
the United States to the ``Minidoka Internment National
Monument'' shall be considered to be a reference to the
``Minidoka National Historic Site''.
(3) Boundary of historic site.--
(A) Boundary.--The boundary of the Historic Site shall
include--
(i) approximately 292 acres of land, as depicted on the
Minidoka Map; and
(ii) approximately 8 acres of land, as described in
subsection (b)(1)(A)(ii).
(B) Availability of map.--The Minidoka Map shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(4) Land transfers and acquisition.--
(A) Transfer from bureau of reclamation.--Administrative
jurisdiction over the land identified on the Minidoka Map as
``BOR parcel 1'' and ``BOR parcel 2'', including any
improvements on, and appurtenances to, the parcels, is
transferred from the Bureau of Reclamation to the National
Park Service for inclusion in the Historic Site.
(B) Transfer from bureau of land management.--
Administrative jurisdiction over the land identified on the
Minidoka Map as ``Public Domain Lands'' is transferred from
the Bureau of Land Management to the National Park Service
for inclusion in the Historic Site, and the portions of any
prior Secretarial orders withdrawing the land are revoked.
(C) Acquisition authority.--The Secretary may acquire any
land or interest in land located within the boundary of the
Historic Site, as depicted on the Minidoka Map, by--
(i) donation;
(ii) purchase with donated or appropriated funds from a
willing seller; or
(iii) exchange.
(5) Administration.--
(A) In general.--The Historic Site shall be administered in
accordance with--
(i) this Act; and
(ii) laws (including regulations) 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.).

(B) Interpretation and education.--
(i) In general.--The Secretary shall interpret--

(I) the story of the relocation of Japanese Americans
during World War II to the Minidoka Relocation Center and
other centers across the United States;
(II) the living conditions of the relocation centers;
(III) the work performed by the internees at the relocation
centers; and
(IV) the contributions to the United States military made
by Japanese Americans who had been interned.

(ii) Oral histories.--To the extent feasible, the
collection of oral histories and testimonials from Japanese
Americans who were confined shall be a part of the
interpretive program at the Historic Site.
(iii) Coordination.--The Secretary shall coordinate the
development of interpretive and educational materials and
programs for the Historic Site with the Manzanar National
Historic Site in the State of California.
(C) Bainbridge island japanese american memorial.--The
Bainbridge Island Japanese American Memorial shall be
administered in accordance with subsection (b)(2).
(D) Continued agricultural use.--In keeping with the
historical use of the land following the decommission of the
Minidoka Relocation Center, the Secretary may issue a special
use permit or enter into a lease to allow agricultural uses
within the Historic Site under appropriate terms and
conditions, as determined by the Secretary.
(6) Disclaimer of interest in land.--
(A) In general.--The Secretary may issue to Jerome County,
Idaho, a document of disclaimer of interest in land for the
parcel identified as ``Tract No. 2''--
(i) in the final order of condemnation, for the case
numbered 2479, filed on January 31, 1947, in the District
Court of the United States, in and for the District of Idaho,
Southern Division; and

[[Page S2889]]

(ii) on the Minidoka Map.
(B) Process.--The Secretary shall issue the document of
disclaimer of interest in land under subsection (a) in
accordance with section 315(b) of Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1745(b)).
(C) Effect.--The issuance by the Secretary of the document
of disclaimer of interest in land under subsection (a) shall
have the same effect as a quit-claim deed issued by the
United States.
(d) Conveyance of American Falls Reservoir District Number
2.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means Agreement No.
5-07-10-L1688 between the United States and the District,
entitled ``Agreement Between the United States and the
American Falls Reservoir District No. 2 to Transfer Title to
the Federally Owned Milner-Gooding Canal and Certain Property
Rights, Title and Interest to the American Falls Reservoir
District No. 2''.
(B) District.--The term ``District'' means the American
Falls Reservoir District No. 2, located in Jerome, Lincoln,
and Gooding Counties, of the State.
(2) Authority to convey title.--
(A) In general.--In accordance with all applicable law and
the terms and conditions set forth in the Agreement, the
Secretary may convey--
(i) to the District all right, title, and interest in and
to the land and improvements described in Appendix A of the
Agreement, subject to valid existing rights;
(ii) to the city of Gooding, located in Gooding County, of
the State, all right, title, and interest in and to the 5.0
acres of land and improvements described in Appendix D of the
Agreement; and
(iii) to the Idaho Department of Fish and Game all right,
title, and interest in and to the 39.72 acres of land and
improvements described in Appendix D of the Agreement.
(B) Compliance with 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.
(3) Compliance with other laws.--
(A) In general.--On conveyance of the land and improvements
under paragraph (2)(A)(i), the District shall comply with all
applicable Federal, State, and local laws (including
regulations) in the operation of each facility transferred.
(B) Applicable authority.--Nothing in this subsection
modifies or otherwise affects the applicability of 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 project water provided
to the District.
(4) Revocation of withdrawals.--
(A) In general.--The portions of the Secretarial Orders
dated March 18, 1908, October 7, 1908, September 29, 1919,
October 22, 1925, March 29, 1927, July 23, 1927, and May 7,
1963, withdrawing the approximately 6,900 acres described in
Appendix E of the Agreement for the purpose of the Gooding
Division of the Minidoka Project, are revoked.
(B) Management of withdrawn land.--The Secretary, acting
through the Director of the Bureau of Land Management, shall
manage the withdrawn land described in subparagraph (A)
subject to valid existing rights.
(5) Liability.--
(A) In general.--Subject to subparagraph (B), upon
completion of a conveyance under paragraph (2), the United
States shall not be liable for damages of any kind for any
injury arising out of an act, omission, or occurrence
relating to the land (including any improvements to the land)
conveyed under the conveyance.
(B) Exception.--Subparagraph (A) shall not apply to
liability for damages resulting from an injury caused by any
act of negligence committed by the United States (or by any
officer, employee, or agent of the United States) before the
date of completion of the conveyance.
(C) Federal tort claims act.--Nothing in this paragraph
increases the liability of the United States beyond that
provided in chapter 171 of title 28, United States Code.
(6) Future benefits.--
(A) Responsibility of the district.--After completion of
the conveyance of land and improvements to the District under
paragraph (2)(A)(i), and consistent with the Agreement, the
District shall assume responsibility for all duties and costs
associated with the operation, replacement, maintenance,
enhancement, and betterment of the transferred land
(including any improvements to the land).
(B) Eligibility for federal funding.--
(i) In general.--Except as provided in clause (ii), the
District shall not be eligible to receive Federal funding to
assist in any activity described in subparagraph (A) relating
to land and improvements transferred under paragraph
(2)(A)(i).
(ii) Exception.--Clause (i) shall not apply to any funding
that would be available to a similarly situated
nonreclamation district, as determined by the Secretary.
(7) National environmental policy act.--Before completing
any conveyance under this subsection, the Secretary shall
complete all actions required under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(C) the National Historic Preservation Act (16 U.S.C. 470
et seq.); and
(D) all other applicable laws (including regulations).
(8) Payment.--
(A) Fair market value requirement.--As a condition of the
conveyance under paragraph (2)(A)(i), the District shall pay
the fair market value for the withdrawn lands to be acquired
by the District, in accordance with the terms of the
Agreement.
(B) Grant for building replacement.--As soon as practicable
after the date of enactment of this Act, and in full
satisfaction of the Federal obligation to the District for
the replacement of the structure in existence on that date of
enactment that is to be transferred to the National Park
Service for inclusion in the Minidoka National Historic Site,
the Secretary, acting through the Commissioner of
Reclamation, shall provide to the District a grant in the
amount of $52,996, in accordance with the terms of the
Agreement.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 314. ACADIA NATIONAL PARK IMPROVEMENT.

(a) Extension of Land Conveyance Authority.--Section 102(d)
of Public Law 99-420 (16 U.S.C. 341 note) is amended by
striking paragraph (2) and inserting the following:
``(2) Federally owned property under jurisdiction of the
Secretary referred to in paragraph (1) of this subsection
shall be conveyed to the towns in which the property is
located without encumbrance and without monetary
consideration, except that no town shall be eligible to
receive such lands unless lands within the Park boundary and
owned by the town have been conveyed to the Secretary.''.
(b) Extension of Acadia National Park Advisory
Commission.--
(1) In general.--Section 103(f) of Public Law 99-420 (16
U.S.C. 341 note) is amended by striking ``20'' and inserting
``40''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 25, 2006.
(c) Authorization of Appropriations.--Section 106 of Public
Law 99-420 (16 U.S.C. 341 note) is amended by adding the
following:
``(c) Additional Funding.--In addition to such sums as have
been heretofore appropriated, there is hereby authorized
$10,000,000 for acquisition of lands and interests
therein.''.
(d) Intermodal Transportation Center.--Title I of Public
Law 99-420 (16 U.S.C. 341 note) is amended by adding at the
end the following new section:

``SEC. 108. INTERMODAL TRANSPORTATION CENTER.

``(a) In General.--The Secretary may provide assistance in
the planning, construction, and operation of an intermodal
transportation center located outside of the boundary of the
Park in the town of Trenton, Maine to improve the management,
interpretation, and visitor enjoyment of the Park.
``(b) Agreements.--To carry out subsection (a), in
administering the intermodal transportation center, the
Secretary may enter into interagency agreements with other
Federal agencies, and, notwithstanding chapter 63 of title
31, United States Code, cooperative agreements, under
appropriate terms and conditions, with State and local
agencies, and nonprofit organizations--
``(1) to provide exhibits, interpretive services (including
employing individuals to provide such services), and
technical assistance;
``(2) to conduct activities that facilitate the
dissemination of information relating to the Park and the
Island Explorer transit system or any successor transit
system;
``(3) to provide financial assistance for the construction
of the intermodal transportation center in exchange for space
in the center that is sufficient to interpret the Park; and
``(4) to assist with the operation and maintenance of the
intermodal transportation center.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary not more than 40 percent of the total cost
necessary to carry out this section (including planning,
design and construction of the intermodal transportation
center).
``(2) Operations and maintenance.--There are authorized to
be appropriated to the Secretary not more than 85 percent of
the total cost necessary to maintain and operate the
intermodal transportation center.''.

Subtitle C--Studies

SEC. 321. NATIONAL PARK SYSTEM SPECIAL RESOURCE STUDY,
NEWTONIA CIVIL WAR BATTLEFIELDS, MISSOURI.

(a) Special Resource Study.--The Secretary of the Interior
shall conduct a special resource study relating to the First
Battle of Newtonia in Newton County, Missouri, which occurred
on September 30, 1862, and the Second Battle of Newtonia,
which occurred on October 28, 1864, during the Missouri
Expedition of Confederate General Sterling Price in September
and October 1864.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the Newtonia
battlefields and their related sites;
(2) consider the findings and recommendations contained in
the document entitled ``Vision Plan for Newtonia Battlefield
Preservation'' and dated June 2004, which was prepared by the
Newtonia Battlefields Protection Association;

[[Page S2890]]

(3) evaluate the suitability and feasibility of adding the
battlefields and related sites as part of Wilson's Creek
National Battlefield or designating the battlefields and
related sites as a unit of the National Park System;
(4) analyze the potential impact that the inclusion of the
battlefields and related sites as part of Wilson's Creek
National Battlefield or their designation as a unit of the
National Park System is likely to have on land within or
bordering the battlefields and related sites that is
privately owned at the time of the study is conducted;
(5) consider alternatives for preservation, protection, and
interpretation of the battlefields and related sites by the
National Park Service, other Federal, State, or local
governmental entities, or private and nonprofit
organizations; and
(6) identify cost estimates for any necessary acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives referred to in paragraph
(5).
(c) 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 subsection (a).
(d) Transmission to Congress.--Not later than three years
after the date on which funds are first made available for
the study under subsection (a), 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 conclusions and recommendations of the Secretary.

SEC. 322. NATIONAL PARK SERVICE STUDY REGARDING THE SOLDIERS'
MEMORIAL MILITARY MUSEUM.

(a) Findings.--Congress finds as follows:
(1) The Soldiers' Memorial is a tribute to all veterans
located in the greater St. Louis area, including Southern
Illinois.
(2) The current annual budget for the memorial is $185,000
and is paid for exclusively by the City of St. Louis.
(3) In 1923, the City of St. Louis voted to spend
$6,000,000 to purchase a memorial plaza and building
dedicated to citizens of St. Louis who lost their lives in
World War I.
(4) The purchase of the 7 block site exhausted the funds
and no money remained to construct a monument.
(5) In 1933, Mayor Bernard F. Dickmann appealed to citizens
and the city government to raise $1,000,000 to construct a
memorial building and general improvement of the plaza area
and the construction of Soldiers' Memorial began on October
21, 1935.
(6) On October 14, 1936, President Franklin D. Roosevelt
officially dedicated the site.
(7) On Memorial Day in 1938, Mayor Dickmann opened the
building to the public.
(b) Study.--The Secretary of the Interior shall carry out a
study to determine the suitability and feasibility of
designating the Soldiers' Memorial Military Museum, located
at 1315 Chestnut, St. Louis, Missouri, as a unit of the
National Park System.
(c) Study Process and Completion.--Section 8(c) of Public
Law 91-383 (16 U.S.C. 1a-5(c)) shall apply to the conduct and
completion of the study required by this section.
(d) Report.--The Secretary shall submit a report describing
the results the study required by this section to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.

SEC. 323. WOLF HOUSE STUDY.

(a) In General.--The Secretary shall complete a special
resource study of the Wolf House located on Highway 5 in
Norfork, Arkansas, to determine--
(1) the suitability and feasibility of designating the Wolf
House as a unit of the National Park System; and
(2) the methods and means for the protection and
interpretation of the Wolf House by the National Park
Service, other Federal, State, or local government entities
or private or non-profit 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) 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.

SEC. 324. SPACE SHUTTLE COLUMBIA STUDY.

(a) Definitions.--In this section:
(1) Memorial.--The term ``memorial'' means a memorial to
the Space Shuttle Columbia that is subject to the study in
subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Study of Suitability and Feasibility of Establishing
Memorials to the Space Shuttle Columbia.--
(1) In general.--Not later than 3 years after the date on
which funds are made available, the Secretary shall conduct a
special resource study to determine the feasibility and
suitability of establishing a memorial as a unit or units of
the National Park System to the Space Shuttle Columbia on
land in the State of Texas described in paragraph (2) on
which large debris from the Shuttle was recovered.
(2) Description of land.--The parcels of land referred to
in paragraph (1) are--
(A) the parcel of land owned by the Fredonia Corporation,
located at the southeast corner of the intersection of East
Hospital Street and North Fredonia Street, Nacogdoches,
Texas;
(B) the parcel of land owned by Temple Inland Inc., 10
acres of a 61-acre tract bounded by State Highway 83 and
Bayou Bend Road, Hemphill, Texas;
(C) the parcel of land owned by the city of Lufkin, Texas,
located at City Hall Park, 301 Charlton Street, Lufkin,
Texas; and
(D) the parcel of land owned by San Augustine County,
Texas, located at 1109 Oaklawn Street, San Augustine, Texas.
(3) Additional sites.--The Secretary may recommend to
Congress additional sites in the State of Texas relating to
the Space Shuttle Columbia for establishment as memorials to
the Space Shuttle Columbia.

SEC. 325. CESAR E. CHAVEZ STUDY.

(a) 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
sites in the State of Arizona, the State of California, and
other States that are significant to the life of Cesar E.
Chavez and the farm labor movement in the western United
States to determine--
(1) appropriate methods for preserving and interpreting the
sites; and
(2) whether any of the sites meets the criteria for listing
on the National Register of Historic Places or designation as
a national historic landmark under--
(A) the Act of August 21, 1935 (16 U.S.C. 461 et seq.); or
(B) the National Historic Preservation Act (16 U.S.C. 470
et seq.).
(b) Requirements.--In conducting the study under subsection
(a), the Secretary shall--
(1) consider the criteria for the study of areas for
potential inclusion in the National Park System under section
8(b)(2) of Public Law 91-383 (16 U.S.C. 1a-5(b)(2)); and
(2) consult with--
(A) the Cesar E. Chavez Foundation;
(B) the United Farm Workers Union; and
(C) State and local historical associations and societies,
including any State historic preservation offices in the
State in which the site is located.
(c) Report.--On completion of the study, 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 recommendations of the Secretary.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 326. TAUNTON, MASSACHUSETTS, SPECIAL RESOURCE STUDY.

(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary''), in consultation with
the appropriate State historic preservation officers, State
historical societies, the city of Taunton, Massachusetts, and
other appropriate organizations, shall conduct a special
resources study regarding the suitability and feasibility of
designating certain historic buildings and areas in Taunton,
Massachusetts, as a unit of the National Park System. The
study shall be conducted and completed in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) and
shall include analysis, documentation, and determinations
regarding whether the historic areas in Taunton--
(1) can be managed, curated, interpreted, restored,
preserved, and presented as an organic whole under management
by the National Park Service or under an alternative
management structure;
(2) have an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use;
(3) reflect traditions, customs, beliefs, and historical
events that are valuable parts of the national story;
(4) provide outstanding opportunities to conserve natural,
historic, cultural, architectural, or scenic features;
(5) provide outstanding recreational and educational
opportunities; and
(6) can be managed by the National Park Service in
partnership with residents, business interests, nonprofit
organizations, and State and local governments to develop a
unit of the National Park System consistent with State and
local economic activity.
(b) Report.--Not later than 3 fiscal years after the date
on which funds are first made available for 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 on the findings,
conclusions, and recommendations of the study required under
subsection (a).
(c) Private Property.--The recommendations in the report
submitted pursuant to subsection (b) shall include discussion
and consideration of the concerns expressed by private
landowners with respect to designating certain structures
referred to in this section as a unit of the National Park
System.

SEC. 327. RIM OF THE VALLEY CORRIDOR STUDY.

(a) In General.--The Secretary of the Interior (referred to
in this section as the

[[Page S2891]]

``Secretary'') shall complete a special resource study of the
area known as the Rim of the Valley Corridor, generally
including the mountains encircling the San Fernando, La
Crescenta, Santa Clarita, Simi, and Conejo Valleys in
California, to determine--
(1) the suitability and feasibility of designating all or a
portion of the corridor as a unit of the Santa Monica
Mountains National Recreation Area; and
(2) the methods and means for the protection and
interpretation of this corridor by the National Park Service,
other Federal, State, or local government entities or private
or non-profit organizations.
(b) Documentation.--In conducting the study authorized
under subsection (a), the Secretary shall document--
(1) the process used to develop the existing Santa Monica
Mountains National Recreation Area Fire Management Plan and
Environmental Impact Statement (September 2005); and
(2) all activity conducted pursuant to the plan referred to
in paragraph (1) designed to protect lives and property from
wildfire.
(c) 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).
(d) Report.--Not later than 3 years after the date on which
funds are made available to carry out this title, 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.

Subtitle D--Memorials, Commissions, and Museums

SEC. 331. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL
FRANCIS MARION AND HIS FAMILY.

(a) Findings.--The Congress finds the following:
(1) Francis Marion was born in 1732 in St. John's Parish,
Berkeley County, South Carolina. He married Mary Esther
Videau on April 20th, 1786. Francis and Mary Esther Marion
had no children, but raised a son of a relative as their own,
and gave the child Francis Marion's name.
(2) Brigadier General Marion commanded the Williamsburg
Militia Revolutionary force in South Carolina and was
instrumental in delaying the advance of British forces by
leading his troops in disrupting supply lines.
(3) Brigadier General Marion's tactics, which were unheard
of in rules of warfare at the time, included lightning raids
on British convoys, after which he and his forces would
retreat into the swamps to avoid capture. British Lieutenant
Colonel Tarleton stated that ``as for this damned old swamp
fox, the devil himself could not catch him''. Thus, the
legend of the ``Swamp Fox'' was born.
(4) His victory at the Battle of Eutaw Springs in September
of 1781 was officially recognized by Congress.
(5) Brigadier General Marion's troops are believed to be
the first racially integrated force fighting for the United
States, as his band was a mix of Whites, Blacks, both free
and slave, and Native Americans.
(6) As a statesman, he represented his parish in the South
Carolina senate as well as his State at the Constitutional
Convention.
(7) Although the Congress has authorized the establishment
of commemorative works on Federal lands in the District of
Columbia honoring such celebrated Americans as George
Washington, Thomas Jefferson, and Abraham Lincoln, the
National Capital has no comparable memorial to Brigadier
General Francis Marion for his bravery and leadership during
the Revolutionary War, without which the United States would
not exist.
(8) Brigadier General Marion's legacy must live on. Since
1878, United States Reservation 18 has been officially
referred to as Marion Park. Located between 4th and 6th
Streets, S.E., at the intersection of E Street and South
Carolina Avenue, S.E., in Washington, DC, the park lacks a
formal commemoration to this South Carolina hero who was
important to the initiation of the Nation's heritage.
(9) The time has come to correct this oversight so that
future generations of Americans will know and understand the
preeminent historical and lasting significance to the Nation
of Brigadier General Marion's contributions. Such a South
Carolina hero deserves to be given the proper recognition.
(b) Authority To Establish Commemorative Work.--The Marion
Park Project, a committee of the Palmetto Conservation
Foundation, may establish a commemorative work on Federal
land in the District of Columbia and its environs to honor
Brigadier General Francis Marion and his service.
(c) Compliance With Standards for Commemorative Works.--The
commemorative work authorized by subsection (b) shall be
established in accordance with chapter 89 of title 40, United
States Code (commonly known as the ``Commemorative Works
Act'').
(d) Use of Federal Funds Prohibited.--Federal funds may not
be used to pay any expense of the establishment of the
commemorative work authorized by subsection (b). The Marion
Park Project, a committee of the Palmetto Conservation
Foundation, shall be solely responsible for acceptance of
contributions for, and payment of the expenses of, the
establishment of that commemorative work.
(e) Deposit of Excess Funds.--If, upon payment of all
expenses of the establishment of the commemorative work
authorized by subsection (b) (including the maintenance and
preservation amount provided for in section 8906(b) of title
40, United States Code), or upon expiration of the authority
for the commemorative work under chapter 89 of title 40,
United States Code, there remains a balance of funds received
for the establishment of that commemorative work, the Marion
Park Project, a committee of the Palmetto Conservation
Foundation, shall transmit the amount of the balance to the
Secretary of the Treasury for deposit in the account provided
for in section 8906(b)(1) of such title.
(f) Definitions.--For the purposes of this section, the
terms ``commemorative work'' and ``the District of Columbia
and its environs'' have the meanings given to such terms in
section 8902(a) of title 40, United States Code.

SEC. 332. DWIGHT D. EISENHOWER MEMORIAL COMMISSION.

Section 8162 of the Department of Defense Appropriations
Act, 2000 (Public Law 106-79; 113 Stat. 1274) is amended--
(1) by striking subsection (j) and inserting the following:
``(j) Powers of the Commission.--
``(1) In general.--
``(A) Powers.--The Commission may--
``(i) make such expenditures for services and materials for
the purpose of carrying out this section as the Commission
considers advisable from funds appropriated or received as
gifts for that purpose;
``(ii) solicit and accept contributions to be used in
carrying out this section or to be used in connection with
the construction or other expenses of the memorial;
``(iii) hold hearings and enter into contracts;
``(iv) enter into contracts for specialized or professional
services as necessary to carry out this section; and
``(v) take such actions as are necessary to carry out this
section.
``(B) Specialized or professional services.--Services under
subparagraph (A)(iv) may be--
``(i) obtained without regard to the provisions of title 5,
United States Code, including section 3109 of that title; and
``(ii) may be paid without regard to the provisions of
title 5, United States Code, including chapter 51 and
subchapter III of chapter 53 of that title.
``(2) Gifts of property.--The Commission may accept gifts
of real or personal property to be used in carrying out this
section, including to be used in connection with the
construction or other expenses of the memorial.
``(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide any
information or other assistance to the Commission that the
head of the Federal department or agency determines to be
appropriate.
``(4) Powers of members and agents.--
``(A) In general.--If authorized by the Commission, any
member or agent of the Commission may take any action that
the Commission is authorized to take under this section.
``(B) Architect.--The Commission may appoint an architect
as an agent of the Commission to--
``(i) represent the Commission on various governmental
source selection and planning boards on the selection of the
firms that will design and construct the memorial; and
``(ii) perform other duties as designated by the
Chairperson of the Commission.
``(C) Treatment.--An authorized member or agent of the
Commission (including an individual appointed under
subparagraph (B)) providing services to the Commission shall
be considered an employee of the Federal Government in the
performance of those services for the purposes of chapter 171
of title 28, United States Code, relating to tort claims.
``(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the
Commission.'';
(2) by redesignating subsection (o) as subsection (q); and
(3) by adding after subsection (n) the following:
``(o) Staff and Support Services.--
``(1) Executive director.--There shall be an Executive
Director appointed by the Commission to be paid at a rate not
to exceed the maximum rate of basic pay for level IV of the
Executive Schedule.
``(2) Staff.--
``(A) In general.--The staff of the Commission may be
appointed and terminated without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title, relating to classification and General Schedule
pay rates, except that an individual appointed under this
paragraph may not receive pay in excess of the maximum rate
of basic pay for GS-15 of the General Schedule.
``(B) Senior staff.--Notwithstanding subparagraph (A), not
more than 3 staff employees of the Commission (in addition to
the Executive Director) may be paid at a rate not

[[Page S2892]]

to exceed the maximum rate of basic pay for level IV of the
Executive Schedule.
``(3) Staff of federal agencies.--On request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of the department or agency to
the Commission to assist the Commission to carry out its
duties under this section.
``(4) Federal support.--The Commission shall obtain
administrative and support services from the General Services
Administration on a reimbursable basis. The Commission may
use all contracts, schedules, and acquisition vehicles
allowed to external clients through the General Services
Administration.
``(5) Cooperative agreements.--The Commission may enter
into cooperative agreements with Federal agencies, State,
local, tribal and international governments, and private
interests and organizations which will further the goals and
purposes of this section.
``(6) Temporary, intermittent, and part-time services.--
``(A) In general.--The Commission may obtain temporary,
intermittent, and part-time services under section 3109 of
title 5, United States Code, at rates not to exceed the
maximum annual rate of basic pay payable under section 5376
of that title.
``(B) Non-applicability to certain services.--This
paragraph shall not apply to services under subsection
(j)(1)(A)(iv).
``(7) Volunteer services.--
``(A) In general.--Notwithstanding section 1342 of title
31, United States Code, the Commission may accept and utilize
the services of volunteers serving without compensation.
``(B) Reimbursement.--The Commission may reimburse such
volunteers for local travel and office supplies, and for
other travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code.
``(C) Liability.--
``(i) In general.--Subject to clause (ii), a volunteer
described in subparagraph (A) shall be considered to be a
volunteer for purposes of the Volunteer Protection Act of
1997 (42 U.S.C. 14501 et seq.).
``(ii) Exception.--Section 4(d) of the Volunteer Protection
Act of 1997 (42 U.S.C. 14503(d)) shall not apply for purposes
of a claim against a volunteer described in subparagraph (A).
``(p) Authorization of Appropriations.--There are
authorized to be appropriated such sums as necessary to carry
out this section.''.

SEC. 333. COMMISSION TO STUDY THE POTENTIAL CREATION OF A
NATIONAL MUSEUM OF THE AMERICAN LATINO.

(a) Establishment of Commission.--
(1) In general.--There is established the Commission to
Study the Potential Creation of a National Museum of the
American Latino (hereafter in this section referred to as the
``Commission'').
(2) Membership.--The Commission shall consist of 23 members
appointed not later than 6 months after the date of enactment
of this Act as follows:
(A) The President shall appoint 7 voting members.
(B) The Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leader of the Senate
shall each appoint 3 voting members.
(C) In addition to the members appointed under subparagraph
(B), the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leader of the Senate
shall each appoint 1 nonvoting member.
(3) Qualifications.--Members of the Commission shall be
chosen from among individuals, or representatives of
institutions or entities, who possess either--
(A) a demonstrated commitment to the research, study, or
promotion of American Latino life, art, history, political or
economic status, or culture, together with--
(i) expertise in museum administration;
(ii) expertise in fundraising for nonprofit or cultural
institutions;
(iii) experience in the study and teaching of Latino
culture and history at the post-secondary level;
(iv) experience in studying the issue of the Smithsonian
Institution's representation of American Latino art, life,
history, and culture; or
(v) extensive experience in public or elected service; or
(B) experience in the administration of, or the planning
for the establishment of, museums devoted to the study and
promotion of the role of ethnic, racial, or cultural groups
in American history.
(b) Functions of the Commission.--
(1) Plan of action for establishment and maintenance of
museum.--The Commission shall submit a report to the
President and the Congress containing its recommendations
with respect to a plan of action for the establishment and
maintenance of a National Museum of the American Latino in
Washington, DC (hereafter in this section referred to as the
``Museum'').
(2) Fundraising plan.--The Commission shall develop a
fundraising plan for supporting the creation and maintenance
of the Museum through contributions by the American people,
and a separate plan on fundraising by the American Latino
community.
(3) Report on issues.--The Commission shall examine (in
consultation with the Secretary of the Smithsonian
Institution), and submit a report to the President and the
Congress on, the following issues:
(A) The availability and cost of collections to be acquired
and housed in the Museum.
(B) The impact of the Museum on regional Hispanic- and
Latino-related museums.
(C) Possible locations for the Museum in Washington, DC and
its environs, to be considered in consultation with the
National Capital Planning Commission and the Commission of
Fine Arts, the Department of the Interior and Smithsonian
Institution.
(D) Whether the Museum should be located within the
Smithsonian Institution.
(E) The governance and organizational structure from which
the Museum should operate.
(F) How to engage the American Latino community in the
development and design of the Museum.
(G) The cost of constructing, operating, and maintaining
the Museum.
(4) Legislation to carry out plan of action.--Based on the
recommendations contained in the report submitted under
paragraph (1) and the report submitted under paragraph (3),
the Commission shall submit for consideration to the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on House Administration of
the House of Representatives, the Committee on Rules and
Administration of the Senate, the Committee on Natural
Resources of the House of Representatives, the Committee on
Energy and Natural Resources of the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate recommendations for a legislative plan of
action to create and construct the Museum.
(5) National conference.--In carrying out its functions
under this section, the Commission may convene a national
conference on the Museum, comprised of individuals committed
to the advancement of American Latino life, art, history, and
culture, not later than 18 months after the commission
members are selected.
(c) Administrative Provisions.--
(1) Facilities and support of department of the interior.--
The Department of the Interior shall provide from funds
appropriated for this purpose administrative services,
facilities, and funds necessary for the performance of the
Commission's functions. These funds shall be made available
prior to any meetings of the Commission.
(2) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government may receive
compensation for each day on which the member is engaged in
the work of the Commission, at a daily rate to be determined
by the Secretary of the Interior.
(3) Travel expenses.--Each member shall be entitled to
travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter I
of chapter 57 of title 5, United States Code.
(4) Federal advisory committee act.--The Commission is not
subject to the provisions of the Federal Advisory Committee
Act.
(d) Deadline for Submission of Reports; Termination.--
(1) Deadline.--The Commission shall submit final versions
of the reports and plans required under subsection (b) not
later than 24 months after the date of the Commission's first
meeting.
(2) Termination.--The Commission shall terminate not later
than 30 days after submitting the final versions of reports
and plans pursuant to paragraph (1).
(e) Authorization of Appropriations.--There are authorized
to be appropriated for carrying out the activities of the
Commission $2,100,000 for the first fiscal year beginning
after the date of enactment of this Act and $1,100,000 for
the second fiscal year beginning after the date of enactment
of this Act.

SEC. 334. HUDSON-FULTON-CHAMPLAIN QUADRICENTENNIAL
COMMEMORATION COMMISSION.

(a) Coordination.--Each commission established under this
section shall coordinate with the other respective commission
established under this section to ensure that commemorations
of Henry Hudson, Robert Fulton, and Samuel de Champlain are--
(1) consistent with the plans and programs of the
commemorative commissions established by the States of New
York and Vermont; and
(2) well-organized and successful.
(b) Definitions.--In this section:
(1) Champlain commemoration.--The term ``Champlain
commemoration'' means the commemoration of the 400th
anniversary of the voyage of Samuel de Champlain.
(2) Champlain commission.--The term ``Champlain
Commission'' means the Champlain Quadricentennial
Commemoration Commission established by subsection (c)(1).
(3) Commission.--The term ``Commission'' means each of the
Champlain Commission and the Hudson-Fulton Commission.
(4) Hudson-fulton commemoration.--The term ``Hudson-Fulton
commemoration'' means the commemoration of--
(A) the 200th anniversary of the voyage of Robert Fulton in
the Clermont; and
(B) the 400th anniversary of the voyage of Henry Hudson in
the Half Moon.
(5) Hudson-fulton commission.--The term ``Hudson-Fulton
Commission'' means the Hudson-Fulton 400th Commemoration
Commission established by subsection (d)(1).
(6) Lake champlain basin program.--The term ``Lake
Champlain Basin Program'' means the partnership established
by section

[[Page S2893]]

120 of the Federal Water Pollution Control Act (33 U.S.C.
1270) between the States of New York and Vermont and Federal
agencies to carry out the Lake Champlain management plan
entitled, ``Opportunities for Action: An Evolving Plan for
the Lake Champlain Basin''.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Champlain Commission.--
(1) In general.--There is established a commission to be
known as the ``Champlain Quadricentennial Commemoration
Commission''.
(2) Membership.--
(A) Composition.--The Champlain Commission shall be
composed of 10 members, of whom--
(i) 1 member shall be the Director of the National Park
Service (or a designee);
(ii) 4 members shall be appointed by the Secretary from
among individuals who, on the date of enactment of this Act,
are--

(I) serving as members of the Hudson-Fulton-Champlain
Quadricentennial Commission of the State of New York; and
(II) residents of Champlain Valley, New York;

(iii) 4 members shall be appointed by the Secretary from
among individuals who, on the date of enactment of this Act,
are--

(I) serving as members of the Lake Champlain
Quadricentennial Commission of the State of Vermont; and
(II) residents of the State of Vermont; and

(iv) 1 member shall be appointed by the Secretary, and
shall be an individual who has--

(I) an interest in, support for, and expertise appropriate
with respect to, the Champlain commemoration; and
(II) knowledge relating to the history of the Champlain
Valley.

(B) Term; vacancies.--
(i) Term.--A member of the Champlain Commission shall be
appointed for the life of the Champlain Commission.
(ii) Vacancies.--A vacancy on the Champlain Commission
shall be filled in the same manner in which the original
appointment was made.
(3) Duties.--The Champlain Commission shall--
(A) plan, develop, and execute programs and activities
appropriate to commemorate the 400th anniversary of the
voyage of Samuel de Champlain, the first European to discover
and explore Lake Champlain;
(B) facilitate activities relating to the Champlain
Quadricentennial throughout the United States;
(C) coordinate the activities of the Champlain Commission
with--
(i) State commemoration commissions;
(ii) appropriate Federal agencies;
(iii) the Lake Champlain Basin Program;
(iv) the National Endowment for the Arts; and
(v) the Smithsonian Institution;
(D) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand the understanding and
appreciation of the significance of the voyage of Samuel de
Champlain;
(E) provide technical assistance to States, localities, and
nonprofit organizations to further the Champlain
commemoration;
(F) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
voyage of Samuel de Champlain;
(G) ensure that the Champlain 2009 anniversary provides a
lasting legacy and a long-term public benefit by assisting in
the development of appropriate programs and facilities;
(H) help ensure that the observances of the voyage of
Samuel de Champlain are inclusive and appropriately recognize
the experiences and heritage of all people present when
Samuel de Champlain arrived in the Champlain Valley; and
(I) consult and coordinate with the Lake Champlain Basin
Program and other relevant organizations to plan and develop
programs and activities to commemorate the voyage of Samuel
de Champlain.
(d) Establishment of Hudson-Fulton Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Hudson-Fulton 400th Commemoration
Commission''.
(2) Membership.--
(A) Composition.--The Hudson-Fulton Commission shall be
composed of 15 members, of whom--
(i) 1 member shall be the Director of the National Park
Service (or a designee);
(ii) 1 member shall be appointed by the Secretary, after
considering the recommendation of the Governor of the State
of New York;
(iii) 6 members shall be appointed by the Secretary, after
considering the recommendations of the Members of the House
of Representatives whose districts encompass the Hudson River
Valley;
(iv) 2 members shall be appointed by the Secretary, after
considering the recommendations of the Members of the Senate
from the State of New York;
(v) 2 members shall be--

(I) appointed by the Secretary; and
(II) individuals who have an interest in, support for, and
expertise appropriate with respect to, the Hudson-Fulton
commemoration, of whom--

(aa) 1 member shall be an individual with expertise in the
Hudson River Valley National Heritage Area; and
(bb) 1 member shall be an individual with expertise in the
State of New York, as it relates to the Hudson-Fulton
commemoration;
(vi) 1 member shall be the Chairperson of a commemorative
commission formed by the State of New York (or the designee
of the Chairperson); and
(vii) 2 members shall be appointed by the Secretary,
after--

(I) considering the recommendation of the Mayor of the city
of New York; and
(II) consulting the Members of the House of Representatives
whose districts encompass the city of New York.

(B) Term; vacancies.--
(i) Term.--A member of the Hudson-Fulton Commission shall
be appointed for the life of the Hudson-Fulton Commission.
(ii) Vacancies.--A vacancy on the Hudson-Fulton Commission
shall be filled in the same manner in which the original
appointment was made.
(3) Duties.--The Hudson-Fulton Commission shall--
(A) plan, develop, and execute programs and activities
appropriate to commemorate--
(i) the 400th anniversary of the voyage of Henry Hudson,
the first European to sail up the Hudson River; and
(ii) the 200th anniversary of the voyage of Robert Fulton,
the first person to use steam navigation on a commercial
basis;
(B) facilitate activities relating to the Hudson-Fulton-
Champlain Quadricentennial throughout the United States;
(C) coordinate the activities of the Hudson-Fulton
Commission with--
(i) State commemoration commissions;
(ii) appropriate Federal agencies;
(iii) the National Park Service, with respect to the Hudson
River Valley National Heritage Area;
(iv) the American Heritage Rivers Initiative Interagency
Committee established by Executive Order 13061, dated
September 11, 1997;
(v) the National Endowment for the Humanities;
(vi) the National Endowment for the Arts; and
(vii) the Smithsonian Institution;
(D) encourage civic, patriotic, historical, educational,
artistic, religious, economic, and other organizations
throughout the United States to organize and participate in
anniversary activities to expand the understanding and
appreciation of the significance of the voyages of Henry
Hudson and Robert Fulton;
(E) provide technical assistance to States, localities, and
nonprofit organizations to further the Hudson-Fulton
commemoration;
(F) coordinate and facilitate for the public scholarly
research on, publication about, and interpretation of, the
voyages of Henry Hudson and Robert Fulton;
(G) ensure that the Hudson-Fulton 2009 commemorations
provide a lasting legacy and long-term public benefit by
assisting in the development of appropriate programs and
facilities; and
(H) help ensure that the observances of Henry Hudson are
inclusive and appropriately recognize the experiences and
heritage of all people present when Henry Hudson sailed the
Hudson River.
(e) Commission Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of a commission established under this
section have been appointed, the applicable Commission shall
hold an initial meeting.
(2) Meetings.--A commission established under this section
shall meet--
(A) at least twice each year; or
(B) at the call of the Chairperson or the majority of the
members of the Commission.
(3) Quorum.--A majority of 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.--A commission established under this section
shall act only on an affirmative vote of a majority of the
voting members of the applicable Commission.
(f) 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.

[[Page S2894]]

(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.--
(A)  Champlain commission.--The Champlain Commission may
make grants in amounts not to exceed $20,000--
(i) to communities, nonprofit organizations, and State
commemorative commissions to develop programs to assist in
the Champlain commemoration; and
(ii) to research and scholarly organizations to research,
publish, or distribute information relating to the early
history of the voyage of Samuel de Champlain.
(B) Hudson-fulton commission.--The Hudson-Fulton Commission
may make grants in amounts not to exceed $20,000--
(i) to communities, nonprofit organizations, and State
commemorative commissions to develop programs to assist in
the Hudson-Fulton commemoration; and
(ii) to research and scholarly organizations to research,
publish, or distribute information relating to the early
history of the voyages of Henry Hudson and Robert Fulton.
(7) Technical assistance.--The Commission shall provide
technical assistance to States, localities, and nonprofit
organizations to further the Champlain commemoration and
Hudson-Fulton commemoration, as applicable.
(8) Coordination and consultation with lake champlain basin
program.--The Champlain Commission shall coordinate and
consult with the Lake Champlain Basin Program to provide
grants and technical assistance under paragraphs (6)(A) and
(7) for the development of activities commemorating the
voyage of Samuel de Champlain.
(g) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Except as provided in subparagraph (B), 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 in addition to 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) Staff.--The Commission may, without regard to the civil
service laws (including regulations), appoint and terminate
an Executive Director and such other additional personnel as
are necessary to enable the Commission to perform the duties
of 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) In general.--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 of New York or the State of Vermont, as appropriate
(including subdivisions of the States); and
(ii) reimburse the State of New York or the State of
Vermont for services of detailed personnel.
(C) Lake champlain basin program employees.--The Champlain
Commission may--
(i) accept the services of personnel detailed from the Lake
Champlain Basin Program; and
(ii) reimburse the Lake Champlain Basin Program for
services of detailed personnel.
(D) Procurement of temporary and intermittent services.--
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 that title.
(6) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services as
the Commission determines necessary.
(7) Support services.--The Secretary shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(8) FACA nonapplicability.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Reports.--Not later than September 30, 2010, the
Commission shall submit to the Secretary a report that
contains--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by
the Commission; and
(3) the findings and recommendations of the Commission.
(i) Termination of Commissions.--
(1) Date of termination.--The Commission shall terminate on
December 31, 2010.
(2) Transfer of documents and materials.--Before the date
of termination specified in paragraph (1), the Commission
shall transfer all of its documents and materials of the
Commission to the National Archives or another appropriate
Federal entity.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section for each of fiscal years 2008 through
2011--
(A) $500,000 to the Champlain Commission; and
(B) $500,000 to the Hudson-Fulton Commission.
(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.

SEC. 335. SENSE OF CONGRESS REGARDING THE DESIGNATION OF THE
MUSEUM OF THE AMERICAN QUILTER'S SOCIETY OF THE
UNITED STATES.

(a) Findings.--Congress finds that--
(1) the Museum of the American Quilter's Society is the
largest quilt museum in the world, with a total of 13,400
square feet of exhibition space and more than 150 quilts
exhibited year-round in its 3 galleries;
(2) the mission of the Museum is to educate the local,
national, and international public about the art, history,
and heritage of quiltmaking;
(3) quilts in the Museum's permanent collection are made by
quilters from 44 of the 50 States and many foreign countries;
(4) the Museum, centrally located in Paducah, Kentucky, and
open to the public year-round, averages 40,000 visitors per
year;
(5) individuals from all 50 States and from more than 25
foreign countries have visited the Museum;
(6) the Museum's Friends, an organization dedicated to
supporting and sustaining the Museum, also has members in all
50 States, with 84 percent of members living more than 60
miles from the Museum;
(7) many members of the Museum's Friends have supported the
Museum annually since the Museum began in 1991;
(8) quilts exhibited in the Museum are representative of
the Nation and its cultures thanks to the wide diversity of
themes and topics, quilts, and quiltmakers; and
(9) the Museum of the American Quilter's Society has
national significance and support.
(b) Sense of Congress.--It is the sense of Congress that
the Museum of the American Quilter's Society, located at 215
Jefferson Street, Paducah, Kentucky, should be designated as
the ``National Quilt Museum of the United States''.

SEC. 336. SENSE OF CONGRESS REGARDING THE DESIGNATION OF THE
NATIONAL MUSEUM OF WILDLIFE ART OF THE UNITED
STATES.

(a) Findings.--Congress finds that--
(1) the National Museum of Wildlife Art in Jackson,
Wyoming, is devoted to inspiring global recognition of fine
art related to nature and wildlife;
(2) the National Museum of Wildlife Art is an excellent
example of a thematic museum that strives to unify the
humanities and sciences into a coherent body of knowledge
through art;
(3) the National Museum of Wildlife Art, which was founded
in 1987 with a private gift of a collection of art, has grown
in stature and importance and is recognized today as the
world's premier museum of wildlife art;
(4) the National Museum of Wildlife Art is the only public
museum in the United States with the mission of enriching and
inspiring public appreciation and knowledge of fine art,
while exploring the relationship between humanity and nature
by collecting fine art focused on wildlife;
(5) the National Museum of Wildlife Art is housed in an
architecturally significant and award-winning 51,000-square
foot facility that overlooks the 28,000-acre National Elk
Refuge and is adjacent to the Grand Teton National Park;
(6) the National Museum of Wildlife Art is accredited with
the American Association of Museums, continues to grow in
national recognition and importance with members from every
State, and has a Board of Trustees and a National Advisory
Board composed of major benefactors and leaders in the arts
and sciences from throughout the United States;
(7) the permanent collection of the National Museum of
Wildlife Art has grown to more than 3,000 works by important
historic American artists including Edward Hicks, Anna Hyatt
Huntington, Charles M. Russell, William Merritt Chase, and
Alexander Calder, and contemporary American artists,
including Steve Kestrel, Bart Walter, Nancy Howe, John Nieto,
and Jamie Wyeth;
(8) the National Museum of Wildlife Art is a destination
attraction in the Western United States with annual
attendance of 92,000 visitors from all over the world and an

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award-winning website that receives more than 10,000 visits
per week;
(9) the National Museum of Wildlife Art seeks to educate a
diverse audience through collecting fine art focused on
wildlife, presenting exceptional exhibitions, providing
community, regional, national, and international outreach,
and presenting extensive educational programming for adults
and children; and
(10) a great opportunity exists to use the invaluable
resources of the National Museum of Wildlife Art to teach the
schoolchildren of the United States, through onsite visits,
traveling exhibits, classroom curriculum, online distance
learning, and other educational initiatives.
(b) Sense of Congress.--It is the sense of Congress that
the National Museum of Wildlife Art, located at 2820 Rungius
Road, Jackson, Wyoming, should be designated as the
``National Museum of Wildlife Art of the United States''.

SEC. 337. REDESIGNATION OF ELLIS ISLAND LIBRARY.

(a) Redesignation.--The Ellis Island Library on the third
floor of the Ellis Island Immigration Museum, located on
Ellis Island in New York Harbor, shall be known and
redesignated as the ``Bob Hope Memorial Library''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Ellis Island Library on the third floor of the Ellis Island
Immigration Museum referred to in subsection (a) shall be
deemed to be a reference to the ``Bob Hope Memorial
Library''.

Subtitle E--Trails and Rivers

SEC. 341. AUTHORIZATION AND ADMINISTRATION OF STAR-SPANGLED
BANNER NATIONAL HISTORIC 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:
``(26) Star-spangled banner national historic trail.--
``(A) In general.--The Star-Spangled Banner National
Historic Trail, a trail consisting of water and overland
routes totaling approximately 290 miles, extending from
Tangier Island, Virginia, through southern Maryland, the
District of Columbia, and northern Virginia, in the
Chesapeake Bay, Patuxent River, Potomac River, and north to
the Patapsco River, and Baltimore, Maryland, commemorating
the Chesapeake Campaign of the War of 1812 (including the
British invasion of Washington, District of Columbia, and its
associated feints, and the Battle of Baltimore in summer
1814), as generally depicted on the map titled `Star-Spangled
Banner National Historic Trail', numbered T02/80,000, and
dated June 2007.
``(B) Map.--The map referred to in subparagraph (A) shall
be maintained on file and available for public inspection in
the appropriate offices of the National Park Service.
``(C) Administration.--Subject to subparagraph (E)(ii), the
trail shall be administered by the Secretary of the Interior.
``(D) Land acquisition.--No land or interest in land
outside the exterior boundaries of any federally administered
area may be acquired by the United States for the trail
except with the consent of the owner of the land or interest
in land.
``(E) Public participation.--The Secretary of the Interior
shall--
``(i) encourage communities, owners of land along the
trail, and volunteer trail groups to participate in the
planning, development, and maintenance of the trail; and
``(ii) consult with other affected landowners and Federal,
State, and local agencies in the administration of the trail.
``(F) Interpretation and assistance.--Subject to the
availability of appropriations, the Secretary of the Interior
may provide, to State and local governments and nonprofit
organizations, interpretive programs and services and
technical assistance for use in--
``(i) carrying out preservation and development of the
trail; and
``(ii) providing education relating to the War of 1812
along the trail.''.

SEC. 342. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC
TRAIL, NEBRASKA.

(a) Conveyance Authorized.--The Secretary of the Interior
may convey, without consideration, to the Missouri River
Basin Lewis and Clark Interpretive Trail and Visitor Center
Foundation, Inc. (a 501(c)(3) not-for-profit organization
with operational headquarters at 100 Valmont Drive, Nebraska
City, Nebraska 68410), all right, title, and interest of the
United States in and to the federally owned land under
jurisdiction of the Secretary consisting of 2 parcels as
generally depicted on the map titled ``Lewis and Clark
National Historic Trail'', numbered 648/80,002, and dated
March 2006.
(b) Survey; Conveyance Cost.--The exact acreage and legal
description of the land to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the
Secretary. The cost of the survey and all other costs
incurred by the Secretary to convey the land shall be borne
by the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc.
(c) Condition of Conveyance, Use of Conveyed Land.--The
conveyance authorized under subsection (a) shall be subject
to the condition that the Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc.
use the conveyed land as an historic site and interpretive
center for the Lewis and Clark National Historic Trail.
(d) Discontinuance of Use.--If Missouri River Basin Lewis
and Clark Interpretive Trail and Visitor Center Foundation,
Inc. determines to discontinue use of the land conveyed under
subsection (a) as an historic site and interpretive center
for the Lewis and Clark National Historic Trail, the Missouri
River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. shall convey lands back to the
Secretary without consideration.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) or the conveyance,
if any, under subsection (d) as the Secretary considers
appropriate to protect the interests of the United States.
Through a written agreement with the Foundation, the National
Park Service shall ensure that the operation of the land
conveyed under subsection (a) is in accordance with National
Park Service standards for preservation, maintenance, and
interpretation.
(f) Authorization of Appropriations.--To assist with the
operation of the historic site and interpretive center, there
is authorized to be appropriated $150,000 per year for a
period not to exceed 10 years.

SEC. 343. LEWIS AND CLARK NATIONAL HISTORIC TRAIL EXTENSION.

(a) Definitions.--In this section:
(1) Eastern legacy sites.--The term ``Eastern Legacy
sites'' means the sites associated with the preparation or
return phases of the Lewis and Clark expedition, commonly
known as the ``Eastern Legacy'', including sites in Virginia,
the District of Columbia, Maryland, Delaware, Pennsylvania,
West Virginia, Ohio, Kentucky, Tennessee, Indiana, Missouri,
and Illinois. This includes the routes followed by Meriwether
Lewis and William Clark, whether independently or together.
(2) Trail.--The term ``Trail'' means the Lewis and Clark
National Historic Trail designated by section 5(a)(6) of the
National Trails System Act (16 U.S.C. 1244(a)(6)).
(b) Special Resource Study.--
(1) In general.--The Secretary shall complete a special
resource study of the Eastern Legacy sites to determine--
(A) the suitability and feasibility of adding these sites
to the Trail; and
(B) the methods and means for the protection and
interpretation of these sites by the National Park Service,
other Federal, State, or local government entities or private
or non-profit organizations.
(2) Study requirements.--
(A) In general.--The Secretary shall conduct the study in
accordance with section 5(b) of the National Trails System
Act (16 U.S.C. 1244(b)).
(B) Impact on tourism.--In conducting the study, the
Secretary shall analyze the potential impact that the
inclusion of the Eastern Legacy sites is likely to have on
tourist visitation to the western portion of the trail.
(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.

SEC. 344. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.

(a) Findings.--Congress finds the following:
(1) The Eightmile River Wild and Scenic River Study Act of
2001 (Public Law 107-65; 115 Stat. 484) authorized the study
of the Eightmile River in the State of Connecticut from its
headwaters downstream to its confluence with the Connecticut
River for potential inclusion in the National Wild and Scenic
Rivers System.
(2) The segments of the Eightmile River covered by the
study are in a free-flowing condition, and the outstanding
resource values of the river segments include the cultural
landscape, water quality, watershed hydrology, unique species
and natural communities, geology, and watershed ecosystem.
(3) The Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of these river segments
depend on sustaining the integrity and quality of the
Eightmile River watershed;
(B) these resource values are manifest within the entire
watershed; and
(C) the watershed as a whole, including its protection, is
itself intrinsically important to this designation.
(4) The Eightmile River Wild and Scenic Study Committee
took a watershed approach in studying and recommending
management options for the river segments and the Eightmile
River watershed as a whole.
(5) During the study, the Eightmile River Wild and Scenic
Study Committee, with assistance from the National Park
Service, prepared a comprehensive management plan for the
Eightmile River watershed, dated December 8, 2005 (in this
section referred to as the ``Eightmile River Watershed
Management Plan''), which establishes objectives, standards,
and action programs that will ensure long-term protection of
the outstanding values of the river and compatible management
of the land and water resources of the Eightmile River and
its watershed, without Federal management of affected lands
not owned by the United States.
(6) The Eightmile River Wild and Scenic Study Committee
voted in favor of inclusion of the Eightmile River in the
National Wild and Scenic Rivers System and included this
recommendation as an integral part of the

[[Page S2896]]

Eightmile River Watershed Management Plan.
(7) The residents of the towns lying along the Eightmile
River and comprising most of its watershed (Salem, East
Haddam, and Lyme, Connecticut), as well as the Boards of
Selectmen and Land Use Commissions of these towns, voted to
endorse the Eightmile River Watershed Management Plan and to
seek designation of the river as a component of the National
Wild and Scenic Rivers System.
(8) The State of Connecticut General Assembly enacted
Public Act 05-18 to endorse the Eightmile River Watershed
Management Plan and to seek designation of the river as a
component of the National Wild and Scenic Rivers System.
(b) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to
the White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to
the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Eightmile River, Connecticut.--Segments of the main
stem and specified tributaries of the Eightmile River in the
State of Connecticut, totaling approximately 25.3 miles, to
be administered by the Secretary of the Interior as follows:
``(A) The entire 10.8-mile segment of the main stem,
starting at its confluence with Lake Hayward Brook to its
confluence with the Connecticut River at the mouth of Hamburg
Cove, as a scenic river.
``(B) The 8.0-mile segment of the East Branch of the
Eightmile River starting at Witch Meadow Road to its
confluence with the main stem of the Eightmile River, as a
scenic river.
``(C) The 3.9-mile segment of Harris Brook starting with
the confluence of an unnamed stream lying 0.74 miles due east
of the intersection of Hartford Road (State Route 85) and
Round Hill Road to its confluence with the East Branch of the
Eightmile River, as a scenic river.
``(D) The 1.9-mile segment of Beaver Brook starting at its
confluence with Cedar Pond Brook to its confluence with the
main stem of the Eightmile River, as a scenic river.
``(E) The 0.7-mile segment of Falls Brook from its
confluence with Tisdale Brook to its confluence with the main
stem of the Eightmile River at Hamburg Cove, as a scenic
river.''.
(c) Management.--The segments of the main stem and certain
tributaries of the Eightmile River in the State of
Connecticut designated as components of the National Wild and
Scenic Rivers System by the amendment made by subsection (b)
(in this section referred to as the ``Eightmile River'')
shall be managed in accordance with the Eightmile River
Watershed Management Plan and such amendments to the plan as
the Secretary of the Interior determines are consistent with
this section. The Eightmile River Watershed Management Plan
is deemed to satisfy the requirements for a comprehensive
management plan required by section 3(d) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(d)).
(d) Committee.--The Secretary of the Interior shall
coordinate the management responsibilities of the Secretary
with regard to the Eightmile River with the Eightmile River
Coordinating Committee, as specified in the Eightmile River
Watershed Management Plan.
(e) Cooperative Agreements.--In order to provide for the
long-term protection, preservation, and enhancement of the
Eightmile River, the Secretary of the Interior may enter into
cooperative agreements pursuant to sections 10(e) and
11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e), 1282(b)(1)) with the State of Connecticut, the towns
of Salem, Lyme, and East Haddam, Connecticut, and appropriate
local planning and environmental organizations. All
cooperative agreements authorized by this subsection shall be
consistent with the Eightmile River Watershed Management Plan
and may include provisions for financial or other assistance
from the United States.
(f) Relation to National Park System.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Eightmile River shall not be administered as
part of the National Park System or be subject to regulations
which govern the National Park System.
(g) Land Management.--The zoning ordinances adopted by the
towns of Salem, East Haddam, and Lyme, Connecticut, in effect
as of December 8, 2005, including provisions for conservation
of floodplains, wetlands, and watercourses associated with
the segments, are deemed to satisfy the standards and
requirements of section 6(c) of the Wild and Scenic Rivers
Act (16 U.S.C. 1277 (c)). For the purpose of section 6(c) of
that Act, such towns shall be deemed ``villages'' and the
provisions of that section, which prohibit Federal
acquisition of lands by condemnation, shall apply to the
segments designated by subsection (b). The authority of the
Secretary to acquire lands for the purposes of this section
shall be limited to acquisition by donation or acquisition
with the consent of the owner thereof, and shall be subject
to the additional criteria set forth in the Eightmile River
Watershed Management Plan.
(h) Watershed Approach.--
(1) In general.--In furtherance of the watershed approach
to resource preservation and enhancement articulated in the
Eightmile River Watershed Management Plan, the tributaries of
the Eightmile River watershed specified in paragraph (2) are
recognized as integral to the protection and enhancement of
the Eightmile River and its watershed.
(2) Covered tributaries.--Paragraph (1) applies with
respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar
Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook,
Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook,
Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake
Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale
Brook, Witch Meadow Brook, and all other perennial streams
within the Eightmile River watershed.
(i) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section and the amendment made by subsection (b).

Subtitle F--Denali National Park and Alaska Railroad Exchange

SEC. 351. DENALI NATIONAL PARK AND ALASKA RAILROAD
CORPORATION EXCHANGE.

(a) Definitions.--In this section:
(1) Corporation.--The term ``Corporation'' means the Alaska
Railroad Corporation owned by the State of Alaska.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Exchange.--
(1) In general.--
(A) Easement expanded.--The Secretary is authorized to
grant to the Alaska Railroad Corporation an exclusive-use
easement on land that is identified by the Secretary within
Denali National Park for the purpose of providing a location
to the Corporation for construction, maintenance, and on-
going operation of track and associated support facilities
for turning railroad trains around near Denali Park Station.
(B) Easement relinquished.--In exchange for the easement
granted in subparagraph (A), the Secretary shall require the
relinquishment of certain portions of the Corporation's
existing exclusive use easement within the boundary of Denali
National Park.
(2) Conditions of the exchange.--
(A) Equal exchange.--The exchange of easements under this
section shall be on an approximately equal-acre basis.
(B) Total acres.--The easement granted under paragraph
(1)(A) shall not exceed 25 acres.
(C) Interests conveyed.--The easement conveyed to the
Alaska Railroad Corporation by the Secretary under this
section shall be under the same terms as the exclusive use
easement granted to the Railroad in Denali National Park in
the Deed for Exclusive Use Easement and Railroad Related
Improvements filed in Book 33, pages 985-994 of the Nenana
Recording District, Alaska, pursuant to the Alaska Railroad
Transfer Act of 1982 (45 U.S.C. 1201 et seq.). The easement
relinquished by the Alaska Railroad Corporation to the United
States under this section shall, with respect to the portion
being exchanged, be the full title and interest received by
the Alaska Railroad in the Deed for Exclusive Use Easement
and Railroad Related Improvements filed in Book 33, pages
985-994 of the Nenana Recording District, Alaska, pursuant to
the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et
seq.).
(D) Costs.--The Alaska Railroad shall pay all costs
associated with the exchange under this section, including
the costs of compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the costs of any
surveys, and other reasonable costs.
(E) Land to be part of wilderness.--The land underlying any
easement relinquished to the United States under this section
that is adjacent to designated wilderness is hereby
designated as wilderness and added to the Denali Wilderness,
the boundaries of which are modified accordingly, and shall
be managed in accordance with applicable provisions of the
Wilderness Act (78 Stat. 892) and the Alaska National
Interest Lands Conservation Act of 1980 (94 Stat. 2371).
(F) Other terms and conditions.--The Secretary shall
require any additional terms and conditions under this
section that the Secretary determines to be appropriate to
protect the interests of the United States and of Denali
National Park.

Subtitle G--National Underground Railroad Network to Freedom Amendments

SEC. 361. AUTHORIZING APPROPRIATIONS FOR SPECIFIC PURPOSES.

(a) In General.--The National Underground Railroad Network
to Freedom Act of 1998 (16 U.S.C. 469l et seq.) is amended--
(1) by striking section 3(d);
(2) by striking section 4(d); and
(3) by adding at the end the following:

``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

``(a) Amounts.--There are authorized to be appropriated to
carry out this Act $2,500,000 for each fiscal year, to be
allocated as follows:
``(1) $2,000,000 is to be used for the purposes of section
3.
``(2) $500,000 is to be used for the purposes of section 4.

[[Page S2897]]

``(b) Restrictions.--No amounts may be appropriated for the
purposes of this Act except to the Secretary for carrying out
the responsibilities of the Secretary as set forth in this
Act.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect at the beginning of the fiscal year
immediately following the date of the enactment of this Act.

Subtitle H--Grand Canyon Subcontractors

SEC. 371. DEFINITIONS.

In this subtitle:
(1) IDIQ.--The term ``IDIQ'' means an Indefinite Deliver/
Indefinite Quantity contract.
(2) Park.--The term ``park'' means Grand Canyon National
Park.
(3) PGI.--The term ``PGI'' means Pacific General, Inc.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.

SEC. 372. AUTHORIZATION.

The Secretary is authorized, subject to the appropriation
of such funds as may be necessary, to pay the amount owed to
the subcontractors of PGI for work performed at the park
under an IDIQ with PGI between fiscal years 2002 and 2003,
provided that--
(1) the primary contract between PGI and the National Park
Service is terminated;
(2) the amount owed to the subcontractors is verified;
(3) all reasonable legal avenues or recourse have been
exhausted by the subcontractors to recoup amounts owed
directly from PGI; and
(4) the subcontractors provide a written statement that
payment of the amount verified in paragraph (2) represents
payment in full by the United States for all work performed
at the park under the IDIQ with PGI between fiscal years 2002
and 2003.

TITLE IV--NATIONAL HERITAGE AREAS

Subtitle A--Journey Through Hallowed Ground National Heritage Area

SEC. 401. PURPOSES.

The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
entitled ``The Journey Through Hallowed Ground National
Heritage Area Feasibility Study'' dated September 2006;
(2) to preserve, support, conserve, and interpret the
legacy of the American history created along the National
Heritage Area;
(3) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in the
creation of America, including Native American, Colonial
American, European American, and African American heritage;
(5) to recognize and interpret the effect of the Civil War
on the civilian population of the National Heritage Area
during the war and post-war reconstruction period;
(6) to enhance a cooperative management framework to assist
the Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the State of West Virginia, and
their units of local government, the private sector, and
citizens residing in the National Heritage Area in
conserving, supporting, enhancing, and interpreting the
significant historic, cultural and recreational sites in the
National Heritage Area; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.

SEC. 402. DEFINITIONS.

In this subtitle--
(1) National heritage area.--The term ``National Heritage
Area'' means the Journey Through Hallowed Ground National
Heritage Area established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Journey Through Hallowed
Ground Partnership, a Virginia non-profit, which is hereby
designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 403. DESIGNATION OF THE JOURNEY THROUGH HALLOWED GROUND
NATIONAL HERITAGE AREA.

(a) Establishment.--There is hereby established the Journey
Through Hallowed Ground National Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the
175-mile region generally following the Route 15 corridor and
surrounding areas from Adams County, Pennsylvania, through
Frederick County, Maryland, including the Heart of the Civil
War Maryland State Heritage Area, looping through Brunswick,
Maryland, to Harpers Ferry, West Virginia, back through
Loudoun County, Virginia, to the Route 15 corridor and
surrounding areas encompassing portions of Loudoun and Prince
William Counties, Virginia, then Fauquier County, Virginia,
portions of Spotsylvania and Madison Counties, Virginia, and
Culpepper, Rappahannock, Orange, and Albemarle Counties,
Virginia.
(2) Map.--The boundaries of the National Heritage Area
shall include all of those lands and interests as generally
depicted on the map titled ``Journey Through Hallowed Ground
National Heritage Area'', numbered P90/80,000, and dated
October 2006. The map shall be on file and available to the
public in the appropriate offices of the National Park
Service and the local coordinating entity.

SEC. 404. MANAGEMENT PLAN.

(a) Requirements.--The management plan for the National
Heritage Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) 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 National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the National Heritage
Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) 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
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) 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;
(7) 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
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural, and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) 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

[[Page S2898]]

(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) 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 National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) 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
(G) 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.
(4) Disapproval.--
(A) 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.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 405. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, local, and private
investments in the National Heritage Area to determine the
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 406. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Journey Through Hallowed Ground
Partnership, as the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 407. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General.--Nothing in this subtitle affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(b) Consultation and Coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on a National Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the local
coordinating entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
a National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.

SEC. 408. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(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 National 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 but not necessarily limited to development
and management of energy or water or water-related
infrastructure;
(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 National 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.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--Subject to subsection
(b), there are authorized to be appropriated to carry out
this subtitle not more than $1,000,000 for any fiscal year.
Funds so appropriated shall remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more
than $15,000,000 may be appropriated to carry out this
subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the
total cost of any activity under this subtitle shall be not
more than 50 percent; the non-Federal contribution may be in
the form of in-kind contributions of goods or services fairly
valued.

SEC. 410. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 411. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

The authority of the Secretary to provide financial
assistance under this subtitle terminates on the date that is
15 years after the date of enactment of this subtitle.

[[Page S2899]]

Subtitle B--Niagara Falls National Heritage Area

SEC. 421. PURPOSES.

The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the
National Park Service study report entitled ``Niagara
National Heritage Area Study'' dated 2005;
(2) to preserve, support, conserve, and interpret the
natural, scenic, cultural, and historic resources within the
National Heritage Area;
(3) to promote heritage, cultural, and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in
American history and culture, including Native American,
Colonial American, European American, and African American
heritage;
(5) to enhance a cooperative management framework to assist
State, local, and Tribal governments, the private sector, and
citizens residing in the National Heritage Area in
conserving, supporting, enhancing, and interpreting the
significant historic, cultural, and recreational sites in the
National Heritage Area;
(6) to conserve and interpret the history of the
development of hydroelectric power in the United States and
its role in developing the American economy; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.

SEC. 422. DEFINITIONS.

In this subtitle:
(1) Commission.--The term ``Commission'' means the Niagara
Falls National Heritage Area Commission established under
this subtitle.
(2) Governor.--The term ``Governor'' means the Governor of
the State of New York.
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the National Heritage Area designated pursuant to this
subtitle.
(4) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(5) National heritage area.--The term ``National Heritage
Area'' means the Niagara Falls National Heritage Area
established in this subtitle.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 423. DESIGNATION OF THE NIAGARA FALLS NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the Niagara
Falls National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of the area from the western boundary of the town of
Wheatfield, New York, extending to the mouth of the Niagara
River on Lake Ontario, including the city of Niagara Falls,
New York, the villages of Youngstown and Lewiston, New York,
land and water within the boundaries of the Heritage Area in
Niagara County, New York, and any additional thematically
related sites within Erie and Niagara Counties, New York,
that are identified in the management plan developed under
this subtitle.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Niagara
Falls National Heritage Area,'' and numbered P76/80,000 and
dated July, 2006. The map shall be on file and available to
the public in the appropriate offices of the National Park
Service and the local coordinating entity.

SEC. 424. MANAGEMENT PLAN.

(a) Requirements.--The management plan for the National
Heritage Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) 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 National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the National Heritage
Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) 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
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) 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;
(7) 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
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) 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;
(C) 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 National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) 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
(G) 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.
(4) Disapproval.--
(A) 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.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.

[[Page S2900]]

(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 425. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 426. LOCAL COORDINATING ENTITY.

(a) Designation.--The local coordinating entity for the
Heritage Area shall be--
(1) for the 5-year period beginning on the date of
enactment of this subtitle, the Commission; and
(2) on expiration of the 5-year period described in
paragraph (1), a private nonprofit or governmental
organization designated by the Commission.
(b) Duties.--To further the purposes of the National
Heritage Area, the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds;
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area;
and
(5) coordinate projects, activities, and programs with the
Erie Canalway National Heritage Corridor.
(c) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(d) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION.

(a) Establishment.--There is established within the
Department of the Interior the Niagara Falls National
Heritage Area Commission.
(b) Membership.--The Commission shall be composed of 17
members, of whom--
(1) 1 member shall be the Director of the National Park
Service (or a designee);
(2) 5 members shall be appointed by the Secretary, after
consideration of the recommendation of the Governor, from
among individuals with knowledge and experience of--
(A) the New York State Office of Parks, Recreation and
Historic Preservation, the Niagara River Greenway Commission,
the New York Power Authority, the USA Niagara Development
Corporation, and the Niagara Tourism and Convention
Corporation; or
(B) any successors of the agencies described in
subparagraph (A);
(3) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of Niagara
Falls, New York;
(4) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the
village of Youngstown, New York;
(5) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the
village of Lewiston, New York;
(6) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Tuscarora Nation;
(7) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Seneca Nation of
Indians; and
(8) 6 members shall be individuals who have an interest in,
support for, and expertise appropriate to tourism, regional
planning, history and historic preservation, cultural or
natural resource management, conservation, recreation, and
education, or museum services, of whom--
(A) 4 members shall be appointed by the Secretary, after
consideration of the recommendation of the 2 members of the
Senate from the State; and
(B) 2 members shall be appointed by the Secretary, after
consideration of the recommendation of the Member of the
House of Representatives whose district encompasses the
National Heritage Area.
(c) Terms; Vacancies.--
(1) Term.--A member of the Commission shall be appointed
for a term not to exceed 5 years.
(2) Vacancies.--
(A) 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.
(B) In general.--A vacancy on the Commission shall be
filled in the same manner as the original appointment was
made.
(d) Chairperson and Vice Chairperson.--
(1) Selection.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the
Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
the Chairperson in the absence of the Chairperson.
(e) Quorum.--
(1) In general.--A majority of the members of the
Commission shall constitute a quorum.
(2) Transaction.--For the transaction of any business or
the exercise of any power of the Commission, the Commission
shall have the power to act by a majority vote of the members
present at any meeting at which a quorum is in attendance.
(f) Meetings.--
(1) In general.--The Commission shall meet at least
quarterly at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(2) Notice.--Notice of Commission meetings and agendas for
the meetings shall be published in local newspapers that are
distributed throughout the National Heritage Area.
(3) Applicable law.--Meetings of the Commission shall be
subject to section 552b of title 5, United States Code.
(g) Authorities of the Commission.--In addition to the
authorities otherwise granted in this subtitle, the
Commission may--
(1) request and accept from the head of any Federal agency,
on a reimbursable or non-reimbursable basis, any personnel of
the Federal agency to the Commission to assist in carrying
out the duties of the Commission;
(2) request and accept from the head of any State agency or
any agency of a political subdivision of the State, on a
reimbursable or nonreimbursable basis, any personnel of the
agency to the Commission to assist in carrying out the duties
of the Commission;
(3) seek, accept, and dispose of gifts, bequests, grants,
or donations of money, personal property, or services; and
(4) use the United States mails in the same manner as other
agencies of the Federal Government.
(h) Duties of the Commission.--To further the purposes of
the National Heritage Area, in addition to the duties
otherwise listed in this subtitle, the Commission shall
assist in the transition of the management of the National
Heritage Area from the Commission to the local coordinating
entity designated under this subtitle.
(i) Compensation of Members.--
(1) In general.--A member of the Commission shall serve
without compensation.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses,

[[Page S2901]]

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.
(j) Gifts.--For purposes of section 170(c) of the Internal
Revenue Code of 1986, any gift or charitable contribution to
the Commission shall be considered to be a charitable
contribution or gift to the United States.
(k) Use of Federal Funds.--Except as provided for the
leasing of administrative facilities under subsection (g)(1),
the Commission may not use Federal funds made available to
the Commission under this subtitle to acquire any real
property or interest in real property.

SEC. 428. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General.--Nothing in this subtitle affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(b) Consultation and Coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on a National Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the local
coordinating entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
a National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.

SEC. 429. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(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 National 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 of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(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 National 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.

SEC. 430. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--Subject to subsection
(b), there are authorized to be appropriated to carry out
this subtitle not more than $1,000,000 for any fiscal year.
Funds so appropriated shall remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more
than $15,000,000 may be appropriated to carry out this
subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the
total cost of any activity under this subtitle shall be not
more than 50 percent; the non-Federal contribution may be in
the form of in-kind contributions of goods or services fairly
valued.

SEC. 431. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 432. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

The authority of the Secretary to provide financial
assistance under this subtitle terminates on the date that is
15 years after the date of enactment of this Act.

Subtitle C--Abraham Lincoln National Heritage Area

SEC. 441. PURPOSES.

The purposes of this subtitle include--
(1) to recognize the significant natural and cultural
legacies of the area, as demonstrated in the study entitled
``Feasibility Study of the Proposed Abraham Lincoln National
Heritage Area'' prepared for the Looking for Lincoln Heritage
Coalition in 2002 and revised in 2007;
(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 periods in the growth
of America, including Native American, Colonial American,
European American, and African American heritage;
(4) to recognize and interpret the distinctive role the
region played in shaping the man who would become the 16th
President of the United States, and how Abraham Lincoln's
life left its traces in the stories, folklore, buildings,
streetscapes, and landscapes 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
in identifying, preserving, interpreting, and developing the
historical, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of
current and future generations; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.

SEC. 442. DEFINITIONS.

In this subtitle:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the Looking for Lincoln Heritage
Coalition, which is hereby designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(2) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(3) National heritage area.--The term ``National Heritage
Area'' means the Abraham Lincoln National Heritage Area
established in this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 443. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the Abraham
Lincoln National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of sites as designated by the management plan within a core
area located in Central Illinois, consisting of Adams, Brown,
Calhoun, Cass, Champaign, Christian, Clark, Coles,
Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene,
Hancock, Henderson, Jersey, Knox, LaSalle, Logan, Macon,
Macoupin, Madison, Mason, McDonough, McLean, Menard,
Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon,
Schuyler, Scott, Shelby, Tazewell, Vermillion, Warren and
Woodford counties.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Proposed
Abraham Lincoln National Heritage Area'', and numbered 338/
80,000, and dated July 2007. The map shall be on file and
available to the public in the appropriate offices of the
National Park Service and the local coordinating entity.

SEC. 444. MANAGEMENT PLAN.

(a) Requirements.--The management plan for the National
Heritage Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) 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 National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the National Heritage
Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) 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
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) 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;
(7) 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
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--

[[Page S2902]]

(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural, and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) 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;
(C) 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 National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) 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
(G) 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.
(4) Disapproval.--
(A) 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.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 445. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 446. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Looking for Lincoln Heritage Coalition, as
the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 447. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General.--Nothing in this subtitle affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(b) Consultation and Coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on a National Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the local
coordinating entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
a National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.

SEC. 448. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(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 National 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

[[Page S2903]]

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 of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(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 National 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.

SEC. 449. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--Subject to subsection
(b), there are authorized to be appropriated to carry out
this subtitle not more than $1,000,000 for any fiscal year.
Funds so appropriated shall remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more
than $15,000,000 may be appropriated to carry out this
subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the
total cost of any activity under this subtitle shall be not
more than 50 percent; the non-Federal contribution may be in
the form of in-kind contributions of goods or services fairly
valued.

SEC. 450. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 451. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

The authority of the Secretary to provide financial
assistance under this subtitle terminates on the date that is
15 years after the date of the enactment of this subtitle.

Subtitle D--Authorization Extensions and Viability Studies

SEC. 461. EXTENSIONS OF AUTHORIZED APPROPRIATIONS.

Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333; 16 U.S.C. 461
note) is amended in each of sections 108(a), 209(a), 311(a),
409(a), 508(a), 608(a), 708(a), 810(a) (as redesignated by
section 474(9)), and 909(c), by striking ``$10,000,000'' and
inserting ``$15,000,000''.

SEC. 462. EVALUATION AND REPORT.

(a) In General.--For the nine National Heritage Areas
authorized in Division II of the Omnibus Parks and Public
Lands Management Act of 1996, not later than 3 years before
the date on which authority for Federal funding terminates
for each National Heritage Area, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local management entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the investments of Federal, State, Tribal, and
local government and private entities in each National
Heritage Area to determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the Senate. The report shall include
recommendations for the future role of the National Park
Service, if any, with respect to the National Heritage Area.

Subtitle E--Technical Corrections and Additions

SEC. 471. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS.

Title I of Division II of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333 as amended
by Public Law 106-176 and Public Law 109-338) is amended--
(1) by striking section 103(b) and inserting the following:
``(b) Boundaries.--The National Coal Heritage Area shall be
comprised of Lincoln County, West Virginia, and Paint Creek
and Cabin Creek within Kanawah County, West Virginia, and the
counties that are the subject of the study by the National
Park Service, dated 1993, entitled `A Coal Mining Heritage
Study: Southern West Virginia' conducted pursuant to title VI
of Public Law 100-699.'';
(2) by striking section 105 and inserting the following:

``SEC. 105. ELIGIBLE RESOURCES.

``(a) In General.--The resources eligible for the
assistance under section 104 shall include--
``(1) resources in Lincoln County, West Virginia, and Paint
Creek and Cabin Creek in Kanawah County, West Virginia, as
determined to be appropriate by the National Coal Heritage
Area Authority; and
``(2) the resources set forth in appendix D of the study by
the National Park Service, dated 1993, entitled `A Coal
Mining Heritage Study: Southern West Virginia' conducted
pursuant to title VI of Public Law 100-699.
``(b) Priority.--Priority consideration shall be given to
those sites listed as `Conservation Priorities' and
`Important Historic Resources' as depicted on the map
entitled `Study Area: Historic Resources' in such study.'';
(3) in section 106(a)--
(A) by striking ``Governor'' and all that follows through
``Parks,'' and inserting ``National Coal Heritage Area
Authority''; and
(B) in paragraph (3), by striking ``State of West
Virginia'' and all that follows through ``entities, or'' and
inserting ``National Coal Heritage Area Authority or''; and
(4) in section 106(b), by inserting ``not'' before
``meet''.

SEC. 472. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION.

Section 403(b) of title IV of Division II of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104-333) is amended by inserting ``Butler,'' after
``Beaver,''.

SEC. 473. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDITION.

Section 604(b)(2) of title VI of Division II of the Omnibus
Parks and Public Lands Management Act of 1996 is amended by
adding at the end the following new subparagraphs:
``(O) Berkeley County.
``(P) Saluda County.
``(Q) The portion of Georgetown County that is not part of
the Gullah/Geechee Cultural Heritage Corridor.''.

SEC. 474. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR
TECHNICAL CORRECTIONS.

Title VIII of Division II of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333) is
amended--
(1) by striking ``Canal National Heritage Corridor'' each
place it appears and inserting ``National Heritage
Canalway'';
(2) by striking ``corridor'' each place it appears and
inserting ``canalway'', except in references to the
feasibility study and management plan;
(3) in the heading of section 808(a)(3), by striking
``corridor'' and inserting ``canalway'';
(4) in the title heading, by striking ``CANAL NATIONAL
HERITAGE CORRIDOR'' and inserting ``NATIONAL HERITAGE
CANALWAY'';
(5) in section 803--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (2), (3), (4), (5), and (6), respectively;
(C) in paragraph (2) (as redesignated by subparagraph (B)),
by striking ``808'' and inserting ``806''; and
(D) in paragraph (6) (as redesignated by subparagraph (B)),
by striking ``807(a)'' and inserting ``805(a)'';
(6) in the heading of section 804, by striking ``CANAL
NATIONAL HERITAGE CORRIDOR'' and inserting ``NATIONAL
HERITAGE CANALWAY'';
(7) in the second sentence of section 804(b)(1), by
striking ``808'' and inserting ``806'';
(8) by striking sections 805 and 806;
(9) by redesignating sections 807, 808, 809, 810, 811, and
812 as sections 805, 806, 807, 808, 809, and 810,
respectively;
(10) in section 805(c)(2) (as redesignated by paragraph
(9)), by striking ``808'' and inserting ``806'';
(11) in section 806 (as redesignated by paragraph (9))--
(A) in subsection (a)(1), by striking ``Committee'' and
inserting ``Secretary'';
(B) in the heading of subsection (a)(1), by striking
``committee'' and inserting ``secretary'';
(C) in subsection (a)(3), in the first sentence of
subparagraph (B), by striking ``Committee'' and inserting
``management entity'';
(D) in subsection (e), by striking ``807(d)(1)'' and
inserting ``805(d)(1)''; and
(E) in subsection (f), by striking ``807(d)(1)'' and
inserting ``805(d)(1)'';
(12) in section 807 (as redesignated by paragraph (9)), in
subsection (c) by striking ``Cayohoga Valley National
Recreation Area'' and inserting ``Cayohoga Valley National
Park'';
(13) in section 808 (as redesignated by paragraph (9))--
(A) in subsection (b), by striking ``Committee or''; and
(B) in subsection (c), in the matter before paragraph (1),
by striking ``Committee'' and inserting ``management
entity''; and
(14) in section 809 (as redesignated by paragraph (9)), by
striking ``assistance'' and inserting ``financial
assistance''.

SEC. 475. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION
OF AUTHORIZATION.

Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is
amended as follows:
(1) Strike paragraph (1) of subsection (b) and insert the
following new paragraph:
``(1) In general.--Amounts made available under subsection
(a) shall be used only for--
``(A) technical assistance;
``(B) the design and fabrication of interpretive materials,
devices, and signs; and
``(C) the preparation of the strategic plan.''.

[[Page S2904]]

(2) Paragraph (3) of subsection (b) is amended by inserting
after subparagraph (B) a new subparagraph as follows:
``(C) Notwithstanding paragraph (3)(A), funds made
available under subsection (a) for the preparation of the
strategic plan shall not require a non-Federal match.''.
(3) Subsection (c) is amended by striking ``2007'' and
inserting ``2011''.

Subtitle F--Studies

SEC. 481. COLUMBIA-PACIFIC NATIONAL HERITAGE AREA STUDY.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means--
(A) the coastal areas of Clatsop and Pacific Counties (also
known as the North Beach Peninsula); and
(B) areas relating to Native American history, local
history, Euro-American settlement culture, and related
economic activities of the Columbia River within a corridor
along the Columbia River eastward in Clatsop, Pacific,
Columbia, and Wahkiakum Counties.
(b) Columbia-Pacific National Heritage Area Study.--
(1) In general.--The Secretary, in consultation with the
managers of any Federal land within the study area,
appropriate State and local governmental agencies, tribal
governments, and any interested organizations, shall conduct
a study to determine the feasibility of designating the study
area as the Columbia-Pacific National Heritage Area.
(2) 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 together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(C) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(D) provides outstanding recreational and educational
opportunities;
(E) contains resources important to the identified theme or
themes of the study area that retain a degree of integrity
capable of supporting interpretation;
(F) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual
financial plan that outlines the roles for all participants,
including the Federal Government, and have demonstrated
support for the concept of a national heritage area;
(G) has a potential local coordinating entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(H) has a conceptual boundary map that is supported by the
public.
(3) Private property.--In conducting the study required by
this subsection, the Secretary shall analyze the potential
impact that designation of the area as a national heritage
area is likely to have on land within the proposed area or
bordering the proposed area that is privately owned at the
time that the study is conducted.
(c) Report.--Not later than 3 fiscal years after the date
on which funds are made available to carry out the study, 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 the findings, conclusions, and recommendations of
the Secretary with respect to the study.

SEC. 482. STUDY OF SITES RELATING TO ABRAHAM LINCOLN IN
KENTUCKY.

(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means a
National Heritage Area in the State to honor Abraham Lincoln.
(2) State.--The term ``State'' means the Commonwealth of
Kentucky.
(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 the
Kentucky Historical Society, other State historical
societies, the State Historic Preservation Officer, State
tourism offices, and other appropriate organizations and
agencies, shall conduct a study to assess the suitability and
feasibility of designating the study area as a National
Heritage Area in the State to honor Abraham Lincoln.
(2) Description of study area.--The study area shall
include--
(A) Boyle, Breckinridge, Fayette, Franklin, Hardin,
Jefferson, Jessamine, Larue, Madison, Mercer, and Washington
Counties in the State; and
(B) the following sites in the State:
(i) The Abraham Lincoln Birthplace National Historic Site.
(ii) The Abraham Lincoln Boyhood Home Unit.
(iii) Downtown Hodgenville, Kentucky, including the Lincoln
Museum and Adolph A. Weinman statue.
(iv) Lincoln Homestead State Park and Mordecai Lincoln
House.
(v) Camp Nelson Heritage Park.
(vi) Farmington Historic Home.
(vii) The Mary Todd Lincoln House.
(viii) Ashland, which is the Henry Clay Estate.
(ix) The Old State Capitol.
(x) The Kentucky Military History Museum.
(xi) The Thomas D. Clark Center for Kentucky History.
(xii) The New State Capitol.
(xiii) Whitehall.
(xiv) Perryville Battlefield State Historic Site.
(xv) The Joseph Holt House.
(xvi) Elizabethtown, Kentucky, including the Lincoln
Heritage House.
(xvii) Lincoln Marriage Temple at Fort Harrod.
(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) interpret--

(I) the life of Abraham Lincoln; and
(II) the contributions of Abraham Lincoln to the United
States;

(ii) represent distinctive aspects of the heritage of the
United States;
(iii) are worthy of recognition, conservation,
interpretation, and continuing use; and
(iv) would be best managed--

(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 historical
events 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 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 Heritage Area;
(ii) have developed a conceptual financial plan that
outlines the roles of all participants in the Heritage Area,
including the Federal Government; and
(iii) have demonstrated support for designation of the
Heritage Area;
(F) has a potential management entity to work in
partnership with the individuals and entities described in
subparagraph (E) to develop the Heritage Area 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 third 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.

TITLE V--BUREAU OF RECLAMATION AND UNITED STATES GEOLOGICAL SURVEY
AUTHORIZATIONS

SEC. 501. ALASKA WATER RESOURCES STUDY.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Alaska.
(b) Alaska Water Resources Study.--
(1) Study.--The Secretary, acting through the Commissioner
of Reclamation and the Director of the United States
Geological Survey, where appropriate, and in accordance with
this section and other applicable provisions of law, shall
conduct a study that includes--
(A) a survey of accessible water supplies, including
aquifers, on the Kenai Peninsula and in the Municipality of
Anchorage, the Matanuska-Susitna Borough, the city of
Fairbanks, and the Fairbanks Northstar Borough;
(B) a survey of water treatment needs and technologies,
including desalination, applicable to the water resources of
the State; and
(C) a review of the need for enhancement of the streamflow
information collected by the United States Geological Survey
in the State relating to critical water needs in areas such
as--
(i) infrastructure risks to State transportation;
(ii) flood forecasting;
(iii) resource extraction; and
(iv) fire management.
(2) Report.--Not later than 2 years after the date of
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 describing the results of
the study required by paragraph (1).

[[Page S2905]]

(c) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of enactment of this Act.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 502. RENEGOTIATION OF PAYMENT SCHEDULE, REDWOOD VALLEY
COUNTY WATER DISTRICT.

Section 15 of Public Law 100-516 (102 Stat. 2573) is
amended--
(1) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) If, as of January 1, 2006, the Secretary of the
Interior and the Redwood Valley County Water District have
not renegotiated the schedule of payment, the District may
enter into such additional non-Federal obligations as are
necessary to finance procurement of dedicated water rights
and improvements necessary to store and convey those rights
to provide for the District's water needs. The Secretary
shall reschedule the payments due under loans numbered 14-06-
200-8423A and 14-06-200-8423A Amendatory and said payments
shall commence when such additional obligations have been
financially satisfied by the District. The date of the
initial payment owed by the District to the United States
shall be regarded as the start of the District's repayment
period and the time upon which any interest shall first be
computed and assessed under section 5 of the Small
Reclamation Projects Act of 1956 (43 U.S.C. 422a et seq.).'';
and
(2) by striking subsection (c).

SEC. 503. AMERICAN RIVER PUMP STATION PROJECT TRANSFER.

(a) Authority To Transfer.--The Secretary of the Interior
(hereafter in this section referred to as the ``Secretary'')
shall transfer ownership of the American River Pump Station
Project located at Auburn, California, which includes the
Pumping Plant, associated facilities, and easements necessary
for permanent operation of the facilities, to the Placer
County Water Agency, in accordance with the terms of Contract
No. 02-LC-20-7790 between the United States and Placer County
Water Agency and the terms and conditions established in this
section.
(b) Federal Costs Nonreimbursable.--Federal costs
associated with construction of the American River Pump
Station Project located at Auburn, California, are
nonreimbursable.
(c) Grant of Real Property Interest.--The Secretary is
authorized to grant title to Placer County Water Agency as
provided in subsection (a) in full satisfaction of the United
States' obligations under Land Purchase Contract 14-06-859-
308 to provide a water supply to the Placer County Water
Agency.
(d) Compliance With Environmental Laws.--
(1) In general.--Before conveying land and facilities
pursuant to this section, the Secretary shall comply with all
applicable requirements under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) any other law applicable to the land and facilities.
(2) Effect.--Nothing in this section modifies or alters any
obligations under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(e) Release From Liability.--Effective on the date of
transfer to the Placer County Water Agency of any land or
facility under this section, the United States shall not be
liable for damages arising out of any act, omission, or
occurrence relating to the land and facilities, consistent
with Article 9 of Contract No. 02-LC-20-7790 between the
United States and Placer County Water Agency.

SEC. 504. ARTHUR V. WATKINS DAM ENLARGEMENT.

(a) Findings.--Congress finds the following:
(1) Arthur V. Watkins Dam is a feature of the Weber Basin
Project, which was authorized by law on August 29, 1949.
(2) Increasing the height of Arthur V. Watkins Dam and
construction of pertinent facilities may provide additional
storage capacity for the development of additional water
supply for the Weber Basin Project for uses of municipal and
industrial water supply, flood control, fish and wildlife,
and recreation.
(b) Authorization of Feasibility Study.--The Secretary of
the Interior, acting through the Bureau of Reclamation, is
authorized to conduct a feasibility study on raising the
height of Arthur V. Watkins Dam for the development of
additional storage to meet water supply needs within the
Weber Basin Project area and the Wasatch Front. The
feasibility study shall include such environmental evaluation
as required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and a cost allocation as
required under the Reclamation Project Act of 1939 (43 U.S.C.
485 et seq.).
(c) Cost Shares.--
(1) Federal share.--The Federal share of the costs of the
study authorized in subsection (b) shall not exceed 50
percent of the total cost of the study.
(2) In-kind contributions.--The Secretary shall accept, as
appropriate, in-kind contributions of goods or services from
the Weber Basin Water Conservancy District. Such goods and
services accepted under this subsection shall be counted as
part of the non-Federal cost share for the study.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $1,000,000 for the
Federal cost share of the study authorized in subsection (b).
(e) Sunset.--The authority of the Secretary to carry out
any provisions of this section shall terminate 10 years after
the date of enactment of this Act.

SEC. 505. NEW MEXICO WATER PLANNING ASSISTANCE.

(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Reclamation and
the United States Geological Survey.
(2) State.--The term ``State'' means the State of New
Mexico.
(b) Comprehensive Water Plan Assistance.--
(1) In general.--Upon the request of the Governor of the
State and subject to paragraphs (2) through (6), the
Secretary shall--
(A) provide to the State technical assistance and grants
for the development of comprehensive State water plans;
(B) conduct water resources mapping in the State; and
(C) conduct a comprehensive study of groundwater resources
(including potable, brackish, and saline water resources) in
the State to assess the quantity, quality, and interaction of
groundwater and surface water resources.
(2) Technical assistance.--Technical assistance provided
under paragraph (1) may include--
(A) acquisition of hydrologic data, groundwater
characterization, database development, and data
distribution;
(B) expansion of climate, surface water, and groundwater
monitoring networks;
(C) assessment of existing water resources, surface water
storage, and groundwater storage potential;
(D) numerical analysis and modeling necessary to provide an
integrated understanding of water resources and water
management options;
(E) participation in State planning forums and planning
groups;
(F) coordination of Federal water management planning
efforts;
(G) technical review of data, models, planning scenarios,
and water plans developed by the State; and
(H) provision of scientific and technical specialists to
support State and local activities.
(3) Allocation.--In providing grants under paragraph (1),
the Secretary shall, subject to the availability of
appropriations, allocate--
(A) $5,000,000 to develop hydrologic models and acquire
associated equipment for the New Mexico Rio Grande main stem
sections and Rios Pueblo de Taos and Hondo, Rios Nambe,
Pojoaque and Teseque, Rio Chama, and Lower Rio Grande
tributaries;
(B) $1,500,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for the San Juan River and tributaries;
(C) $1,000,000 to complete the hydrographic survey
development of hydrologic models and acquire associated
equipment for Southwest New Mexico, including the Animas
Basin, the Gila River, and tributaries;
(D) $4,500,000 for statewide digital orthophotography
mapping; and
(E) such sums as are necessary to carry out additional
projects consistent with paragraph (2).
(4) Cost-sharing requirement.--
(A) In general.--The non-Federal share of the total cost of
any activity carried out using a grant provided under
paragraph (1) shall be 50 percent.
(B) Form of non-federal share.--The non-Federal share under
subparagraph (A) may be in the form of any in-kind services
that the Secretary determines would contribute substantially
toward the conduct and completion of the activity assisted.
(5) Nonreimbursable basis.--Any assistance or grants
provided to the State under this section shall be made on a
non-reimbursable basis.
(6) Authorized transfers.--On request of the State, the
Secretary shall directly transfer to 1 or more Federal
agencies any amounts made available to the State to carry out
this section.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000 for
each of fiscal years 2008 through 2012.
(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 enactment of this Act.

SEC. 506. CONVEYANCE OF CERTAIN BUILDINGS AND LANDS OF THE
YAKIMA PROJECT, WASHINGTON.

(a) Conveyance Required.--The Secretary of the Interior
shall convey to the Yakima-Tieton Irrigation District,
located in Yakima County, Washington, all right, title, and
interest of the United States in and to the buildings and
lands of the Yakima Project, Washington, in accordance with
the terms and conditions set forth in the agreement titled
``Agreement Between the United States and the Yakima-Tieton
Irrigation District to Transfer Title to Certain Federally
Owned Buildings and Lands, With Certain Property Rights,
Title, and Interest, to the Yakima-Tieton Irrigation
District'' (Contract No. 5-07-10-L1658).

[[Page S2906]]

(b) Liability.--Effective upon the date of conveyance under
this section, 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 conveyed buildings
and lands, except for damages caused by acts of negligence
committed by the United States or by its employees or agents
before 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), on the date
of enactment of this Act.
(c) Benefits.--After conveyance of the buildings and lands
to the Yakima-Tieton Irrigation District under this section--
(1) such buildings and lands shall not be considered to be
a part of a Federal reclamation project; and
(2) such irrigation district shall not be eligible to
receive any benefits with respect to any buildings and lands
conveyed, except benefits that would be available to a
similarly situated person with respect to such buildings and
lands that are not part of a Federal reclamation project.
(d) Report.--If the Secretary of the Interior has not
completed the conveyance required under subsection (a) within
12 months after the date of enactment of this Act, the
Secretary shall submit to Congress a report that explains the
reason such conveyance has not been completed and stating the
date by which the conveyance will be completed.

SEC. 507. CONJUNCTIVE USE OF SURFACE AND GROUNDWATER IN JUAB
COUNTY, UTAH.

Section 202(a)(2) of the Reclamation Projects Authorization
and Adjustment Act of 1992 (Public Law 102-575) is amended by
inserting ``Juab,'' after ``Davis,''.

SEC. 508. EARLY REPAYMENT OF A & B IRRIGATION DISTRICT
CONSTRUCTION COSTS.

(a) In General.--Notwithstanding section 213 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any
landowner within the A & B Irrigation District in the State
(referred to in this section as the ``District'') may repay,
at any time, the construction costs of District project
facilities that are allocated to land of the landowner within
the District.
(b) Applicability of Full-Cost Pricing Limitations.--On
discharge, in full, of the obligation for repayment of all
construction costs described in subsection (a) that are
allocated to all land the landowner owns in the District in
question, the parcels of land shall not be subject to the
ownership and full-cost pricing limitations 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.), including the Reclamation
Reform Act of 1982 (13 U.S.C. 390aa et seq.).
(c) Certification.--On request of a landowner that has
repaid, in full, the construction costs described in
subsection (a), the Secretary of the Interior shall provide
to the landowner a certificate described in section 213(b)(1)
of the Reclamation Reform Act of 1982 (43 U.S.C.
390mm(b)(1)).
(d) Effect.--Nothing in this section--
(1) modifies any contractual rights under, or amends or
reopens, the reclamation contract between the District and
the United States; or
(2) modifies any rights, obligations, or relationships
between the District and landowners in the District under
Idaho State law.

SEC. 509. OREGON WATER RESOURCES.

(a) Extension of Participation of Bureau of Reclamation in
Deschutes River Conservancy.--Section 301 of the Oregon
Resource Conservation Act of 1996 (division B of Public Law
104-208; 110 Stat. 3009-534) is amended--
(1) in subsection (a)(1), by striking ``Deschutes River
Basin Working Group'' and inserting ``Deschutes River
Conservancy Working Group'';
(2) by amending the text of subsection (a)(1)(B) to read as
follows: ``4 representatives of private interests including
two from irrigated agriculture who actively farm more than
100 acres of irrigated land and are not irrigation district
managers and two from the environmental community;'';
(3) in subsection (b)(3), by inserting before the final
period the following: ``, and up to a total amount of
$2,000,000 during each of fiscal years 2007 through 2016'';
and
(4) in subsection (h), by inserting before the period at
the end the following: ``, and $2,000,000 for each of fiscal
years 2007 through 2016''.
(b) Wallowa Lake Dam Rehabilitation Act.--
(1) Definitions.--In this subsection:
(A) Associated ditch companies, incorporated.--The term
``Associated Ditch Companies, Incorporated'' means the
nonprofit corporation established under the laws of the State
of Oregon that operates Wallowa Lake Dam.
(B) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(C) Wallowa lake dam rehabilitation program.--The term
``Wallowa Lake Dam Rehabilitation Program'' means the program
for the rehabilitation of the Wallowa Lake Dam in Oregon, as
contained in the engineering document titled, ``Phase I Dam
Assessment and Preliminary Engineering Design'', dated
December 2002, and on file with the Bureau of Reclamation.
(2) Authorization to participate in program.--
(A) Grants and cooperative agreements.--The Secretary may
provide grants to, or enter into cooperative or other
agreements with, tribal, State, and local governmental
entities and the Associated Ditch Companies, Incorporated, to
plan, design, and construct facilities needed to implement
the Wallowa Lake Dam Rehabilitation Program.
(B) Conditions.--As a condition of providing funds under
subparagraph (A), the Secretary shall ensure that--
(i) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the dam
safety program of the State of Oregon;
(ii) the Associated Ditch Companies, Incorporated, agrees
to assume liability for any work performed, or supervised,
with Federal funds provided to it under this subsection; and
(iii) 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 with
Federal funds provided under this subsection, both while and
after activities are conducted using Federal funds provided
under this subsection.
(C) Cost sharing.--
(i) In general.--The Federal share of the costs of
activities authorized under this subsection shall not exceed
50 percent.
(ii) Exclusions from federal share.--There shall not be
credited against the Federal share of such costs--

(I) any expenditure by the Bonneville Power Administration
in the Wallowa River watershed; and
(II) expenditures made by individual agricultural producers
in any Federal commodity or conservation program.

(D) Compliance with state law.--The Secretary, in carrying
out this subsection, shall comply with applicable Oregon
State water law.
(E) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this subsection.
(F) Prohibition on operation and maintenance.--The Federal
Government shall not be responsible for the operation and
maintenance of any facility constructed or rehabilitated
under this subsection.
(3) Relationship to other law.--Activities funded under
this subsection shall not be considered 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.)).
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to pay the Federal share
of the costs of activities authorized under this subsection
$6,000,000.
(5) Sunset.--The authority of the Secretary to carry out
any provisions of this subsection shall terminate 10 years
after the date of the enactment of this subsection.
(c) Little Butte/Bear Creek Subbasins, Oregon, Water
Resource Study.--
(1) Authorization.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may participate in the
Water for Irrigation, Streams and the Economy Project water
management feasibility study and environmental impact
statement in accordance with the ``Memorandum of Agreement
Between City of Medford and Bureau of Reclamation for the
Water for Irrigation, Streams, and the Economy Project'',
dated July 2, 2004.
(2) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this subsection.
(B) Non-federal share.--
(i) In general.--The non-Federal share shall be 50 percent
of the total costs of the Bureau of Reclamation in carrying
out paragraph (1).
(ii) Form.--The non-Federal share required under clause (i)
may be in the form of any in-kind services that the Secretary
of the Interior determines would contribute substantially
toward the conduct and completion of the study and
environmental impact statement required under paragraph (1).
(3) Sunset.--The authority of the Secretary to carry out
any provisions of this subsection shall terminate 10 years
after the date of the enactment of this section.
(d) North Unit Irrigation District.--The Act of August 10,
1954 (68 Stat. 679, chapter 663), is amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:

``SEC. 3. ADDITIONAL TERMS.

``On approval of the District directors and notwithstanding
project authorizing legislation to the contrary, the Contract
is modified, without further action by the Secretary of the
Interior, to include the following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres,

[[Page S2907]]

of which 35,773.75 acres are in Class A and 14,044.40 in
Class B. These lands and the standards upon which the
classification was made are described in the document
entitled ``Land Classification, North Unit, Deschutes
Project, 1953'' which is on file in the office of the
Regional Director, Bureau of Reclamation, Boise, Idaho, and
in the office of the District' and inserting `The classified
irrigable land within the project comprises 58,902.8
irrigable acres, all of which are authorized to receive
irrigation water pursuant to water rights issued by the State
of Oregon and have in the past received water pursuant to
such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time
so long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the National
Forests, Parks, Public Land, and Reclamation Projects
Authorization Act of 2007, the annual installment for each
year, for the District, under the Contract, on account of the
District's construction charge obligation, shall be a fixed
and equal annual amount payable on June 30 the year following
the year for which it is applicable, such that the District's
total construction charge obligation shall be completely paid
by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held
by the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes,
to the extent that such use is required by Oregon State law
in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall
furnish to the United States certified copies of such decrees
and of all pertinent supporting records.' after `for that
purpose.'.

``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.

``The Secretary of the Interior (acting through the
Commissioner of Reclamation) may in the future renegotiate
with the District such terms of the Contract as the District
directors determine to be necessary, only upon the written
request of the District directors and the consent of the
Commissioner of Reclamation.''.

SEC. 510. REPUBLICAN RIVER BASIN FEASIBILITY STUDY.

(a) Authorization of Study.--Pursuant to reclamation laws,
the Secretary of the Interior, acting through the Bureau of
Reclamation and in consultation and cooperation with the
States of Nebraska, Kansas, and Colorado, may conduct a study
to--
(1) determine the feasibility of implementing a water
supply and conservation project that will--
(A) improve water supply reliability in the Republican
River Basin between Harlan County Lake in Nebraska and
Milford Lake in Kansas, including areas in the counties of
Harlan, Franklin, Webster, and Nuckolls in Nebraska and
Jewel, Republic, Cloud, Washington, and Clay in Kansas (in
this section referred to as the ``Republican River Basin'');
(B) increase the capacity of water storage through
modifications of existing projects or through new projects
that serve areas in the Republican River Basin; and
(C) improve water management efficiency in the Republican
River Basin through conservation and other available means
and, where appropriate, evaluate integrated water resource
management and supply needs in the Republican River Basin;
and
(2) consider appropriate cost-sharing options for
implementation of the project.
(b) Cost Sharing.--The Federal share of the cost of the
study shall not exceed 50 percent of the total cost of the
study, and shall be nonreimbursable.
(c) Cooperative Agreements.--The Secretary shall undertake
the study through cooperative agreements with the State of
Kansas or Nebraska and other appropriate entities determined
by the Secretary.
(d) Completion and Report.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of the enactment of this
Act, the Secretary of the Interior shall complete the study
and transmit to the Congress a report containing the results
of the study.
(2) Extension.--If the Secretary determines that the study
cannot be completed within the 3-year period beginning on the
date of the enactment of this Act, the Secretary--
(A) shall, at the time of that determination, report to the
Congress on the status of the study, including an estimate of
the date of completion; and
(B) complete the study and transmit to the Congress a
report containing the results of the study by not later than
that date.
(e) 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 Act.

SEC. 511. EASTERN MUNICIPAL WATER DISTRICT.

(a) In General.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) is amended
by adding at the end the following:

``SEC. 1639. EASTERN MUNICIPAL WATER DISTRICT RECYCLED WATER
SYSTEM PRESSURIZATION AND EXPANSION PROJECT,
CALIFORNIA.

``(a) Authorization.--The Secretary, in cooperation with
the Eastern Municipal Water District, California, may
participate in the design, planning, and construction of
permanent facilities needed to establish operational pressure
zones that will be used to provide recycled water in the
district.
``(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 $12,000,000.
``(e) Sunset of Authority.--The authority of the Secretary
to carry out any provisions of this section shall terminate
10 years after the date of enactment of this section.''.
(b) Conforming Amendment.--The table of sections in section
2 of the Reclamation Projects Authorization and Adjustment
Act of 1992 (43 U.S.C. prec. 371) is amended by inserting
after the item relating to section 1638 the following:

``Sec. 1639. Eastern Municipal Water District Recycled Water System
Pressurization and Expansion Project, California.''.

SEC. 512. BAY AREA REGIONAL WATER RECYCLING PROGRAM.

(a) Project Authorizations.--
(1) In general.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended
by section 512(a)) is amended by adding at the end the
following:

``SEC. 1642. MOUNTAIN VIEW, MOFFETT AREA RECLAIMED WATER
PIPELINE PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the City of Palo Alto, California, and the City of Mountain
View, California, is authorized to participate in the design,
planning, and construction of recycled water distribution
systems.
``(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.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000.

``SEC. 1643. PITTSBURG RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the City of Pittsburg, California, and the Delta Diablo
Sanitation District, is authorized to participate in the
design, planning, and construction of recycled water system
facilities.
``(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.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,750,000.

``SEC. 1644. ANTIOCH RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the City of Antioch, California, and the Delta Diablo
Sanitation District, is authorized to participate in the
design, planning, and construction of recycled water system
facilities.
``(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.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,250,000.

``SEC. 1645. NORTH COAST COUNTY WATER DISTRICT RECYCLED WATER
PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the North Coast County

[[Page S2908]]

Water District, is authorized to participate in the design,
planning, and construction of recycled water system
facilities.
``(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.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $2,500,000.

``SEC. 1646. REDWOOD CITY RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the City of Redwood City, California, is authorized to
participate in the design, planning, and construction of
recycled water system facilities.
``(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.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,100,000.

``SEC. 1647. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.

``(a) Authorization.--The Secretary, in cooperation with
the South County Regional Wastewater Authority and the Santa
Clara Valley Water District, is authorized to participate in
the design, planning, and construction of recycled water
system distribution facilities.
``(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.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $7,000,000.

``SEC. 1648. SOUTH BAY ADVANCED RECYCLED WATER TREATMENT
FACILITY.

``(a) Authorization.--The Secretary, in cooperation with
the City of San Jose, California, and the Santa Clara Valley
Water District, is authorized to participate in the design,
planning, and construction of recycled water treatment
facilities.
``(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.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $8,250,000.''.
(2) Conforming amendments.--The table of sections in
section 2 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by
section 512(b)) is amended by inserting after the item
relating to section 1641 the following:

``Sec. 1642. Mountain View, Moffett Area Reclaimed Water Pipeline
Project.
``Sec. 1643. Pittsburg Recycled Water Project.
``Sec. 1644. Antioch Recycled Water Project.
``Sec. 1645. North Coast County Water District Recycled Water Project.
``Sec. 1646. Redwood City Recycled Water Project.
``Sec. 1647. South Santa Clara County Recycled Water Project.
``Sec. 1648. South Bay Advanced Recycled Water Treatment Facility.''.

(b) San Jose Area Water Reclamation and Reuse Project.--It
is the intent of Congress that a comprehensive water
recycling program for the San Francisco Bay Area include the
San Jose Area water reclamation and reuse program authorized
by section 1607 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. 390h-5).

SEC. 513. BUREAU OF RECLAMATION SITE SECURITY.

(a) Treatment of Capital Costs.--Costs incurred by the
Secretary of the Interior for the physical fortification of
Bureau of Reclamation facilities to satisfy increased post-
September 11, 2001, security needs, including the
construction, modification, upgrade, or replacement of such
facility fortifications, shall be nonreimbursable.
(b) Treatment of Security-Related Operation and Maintenance
Costs.--
(1) Reimbursable costs.--The Secretary of the Interior
shall include no more than $18,900,000 per fiscal year,
indexed each fiscal year after fiscal year 2008 according to
the preceding year's Consumer Price Index, of those costs
incurred for increased levels of guards and patrols,
training, patrols by local and tribal law enforcement
entities, operation, maintenance, and replacement of guard
and response force equipment, and operation and maintenance
of facility fortifications at Bureau of Reclamation
facilities after the events of September 11, 2001, as
reimbursable operation and maintenance costs under
Reclamation law.
(2) Costs collected through water rates.--In the case of
the Central Valley Project of California, site security costs
allocated to irrigation and municipal and industrial water
service in accordance with this section shall be collected by
the Secretary exclusively through inclusion of these costs in
the operation and maintenance water rates.
(c) Transparency and Report to Congress.--
(1) Policies and procedures.--The Secretary is authorized
to develop policies and procedures with project
beneficiaries, consistent with the requirements of paragraphs
(2) and (3), to provide for the payment of the reimbursable
costs described in subsection (b).
(2) Notice.--On identifying a Bureau of Reclamation
facility for a site security measure, the Secretary shall
provide to the project beneficiaries written notice--
(A) describing the need for the site security measure and
the process for identifying and implementing the site
security measure; and
(B) summarizing the administrative and legal requirements
relating to the site security measure.
(3) Consultation.--The Secretary shall--
(A) provide project beneficiaries an opportunity to consult
with the Bureau of Reclamation on the planning, design, and
construction of the site security measure; and
(B) in consultation with project beneficiaries, develop and
provide timeframes for the consultation described in
subparagraph (A).
(4) Response; notice.--Before incurring costs pursuant to
activities described in subsection (b), the Secretary shall
consider cost containment measures recommended by a project
beneficiary that has elected to consult with the Bureau of
Reclamation on such activities. The Secretary shall provide
to the project beneficiary--
(A) a timely written response describing proposed actions,
if any, to address the recommendation; and
(B) notice regarding the costs and status of such
activities on a periodic basis.
(5) Report.--The Secretary shall report annually to the
Natural Resources Committee of the House of Representatives
and the Energy and Natural Resources Committee of the Senate
on site security actions and activities undertaken pursuant
to this Act for each fiscal year. The report shall include a
summary of Federal and non-Federal expenditures for the
fiscal year and information relating to a 5-year planning
horizon for the program, detailed to show pre-September 11,
2001, and post-September 11, 2001, costs for the site
security activities.
(d) Pre-September 11, 2001 Security Cost Levels.--
Reclamation project security costs at the levels of activity
that existed prior to September 11, 2001, shall remain
reimbursable.

SEC. 514. MORE WATER, MORE ENERGY, AND LESS WASTE.

(a) Findings.--The Congress finds that--
(1) development of energy resources, including oil, natural
gas, coalbed methane, and geothermal resources, frequently
results in bringing to the surface water extracted from
underground sources;
(2) some of that produced water is used for irrigation or
other purposes, but most of the water is returned to the
subsurface or otherwise disposed of as waste;
(3) reducing the quantity of produced water returned to the
subsurface and increasing the quantity of produced water that
is made available for irrigation and other uses--
(A) would augment water supplies;
(B) could reduce the costs to energy developers for
disposing of the water; and
(C) in some cases, could increase the efficiency of energy
development activities; and
(4) it is in the national interest--
(A) to limit the quantity of produced water disposed of as
waste;
(B) to optimize the production of energy resources; and
(C) to remove or reduce obstacles to use of produced water
for irrigation or other purposes in ways that will not
adversely affect water quality or the environment.
(b) Purposes.--The purposes of this section are--
(1) to optimize the production of energy resources--
(A) by minimizing the quantity of produced water; and
(B) by facilitating the use of produced water for
irrigation and other purposes without adversely affecting
water quality or the environment; and
(2) to demonstrate means of accomplishing those results.
(c) Definitions.--In this section:
(1) Lower basin state.--The term ``Lower Basin State''
means any of the States of--
(A) Arizona;
(B) California; and
(C) Nevada.
(2) Produced water.--The term ``produced water'' means
water from an underground source that is brought to the
surface as part of the process of exploration for, or
development of--
(A) oil;
(B) natural gas;
(C) coalbed methane; or
(D) any other substance to be used as an energy source.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Upper basin state.--The term ``Upper Basin State''
means any of the States of--
(A) Colorado;
(B) New Mexico;
(C) Utah; and
(D) Wyoming.
(d) Identification of Problems and Solutions.--

[[Page S2909]]

(1) Study.--The Secretary shall conduct a study to
identify--
(A) the technical, economic, environmental, and other
obstacles to reducing the quantity of produced water;
(B) the technical, economic, environmental, legal, and
other obstacles to increasing the extent to which produced
water can be used for irrigation and other purposes without
adversely affecting water quality, public health, or the
environment;
(C) the legislative, administrative, and other actions that
could reduce or eliminate the obstacles identified in
subparagraphs (A) and (B); and
(D) the costs and benefits associated with reducing or
eliminating the obstacles identified in subparagraphs (A) and
(B).
(2) Report.--Not later than 1 year after the date of
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 describing the results of
the study under paragraph (1).
(e) Implementation.--
(1) Grants.--Subject to the availability of appropriations,
the Secretary shall provide financial assistance for the
development of facilities, technologies, and processes to
demonstrate the feasibility, effectiveness, and safety of--
(A) optimizing energy resource production by reducing the
quantity of produced water generated; or
(B) increasing the extent to which produced water may be
recovered and made suitable for use for irrigation,
municipal, or industrial uses, or other purposes without
adversely affecting water quality or the environment.
(2) Limitations.--Assistance under this subsection--
(A) shall be provided for--
(i) at least 1 project in each of the Upper Basin States;
and
(ii) at least 1 project in at least 1 of the Lower Basin
States;
(B) shall not exceed $1,000,000 for any project;
(C) shall be used to pay not more than 50 percent of the
total cost of a project;
(D) shall not be used for the operation or maintenance of
any facility; and
(E) may be in addition to assistance provided by the
Federal Government pursuant to other provisions of law.
(f) Consultation, Advice, and Comments.--In carrying out
this section, including in preparing the report under
subsection (d)(2) and establishing criteria to be used in
connection with an award of financial assistance under
subsection (e), the Secretary shall--
(1) consult with the Secretary of Energy, the Administrator
of the Environmental Protection Agency, and appropriate
Governors and local officials;
(2)(A) review any relevant information developed in
connection with research carried out by others, including
research carried out pursuant to subtitle J of title IX of
the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and
(B) to the extent the Secretary determines to be advisable,
include that information in the report under subsection
(d)(2);
(3) seek the advice of--
(A) individuals with relevant professional or academic
expertise; and
(B) individuals or representatives of entities with
industrial experience, particularly experience relating to
production of oil, natural gas, coalbed methane, or other
energy resources (including geothermal resources); and
(4) solicit comments and suggestions from the public.
(g) Relation to Other Laws.--Nothing in this section
supersedes, modifies, abrogates, or limits--
(1) the effect of any State law or any interstate authority
or compact relating to--
(A) any use of water; or
(B) the regulation of water quantity or quality; or
(2) the applicability or effect of any Federal law
(including regulations).
(h) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $1,000,000 to carry out subsection (d); and
(2) $7,500,000 to carry out subsection (e).

SEC. 515. PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM AND
PATHFINDER MODIFICATION PROJECT AUTHORIZATION.

(a) Purposes.--The purposes of this section are to
authorize--
(1) the Secretary of the Interior, acting through the
Commissioner of Reclamation and in partnership with the
States, other Federal agencies, and other non-Federal
entities, to continue the cooperative effort among the
Federal and non-Federal entities through the implementation
of the Platte River Recovery Implementation Program for
threatened and endangered species in the Central and Lower
Platte River Basin without creating Federal water rights or
requiring the grant of water rights to Federal entities; and
(2) the modification of the Pathfinder Dam and Reservoir,
in accordance with the requirements described in subsection
(c).
(b) Platte River Recovery Implementation Program.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement'' means the Platte
River Recovery Implementation Program Cooperative Agreement
entered into by the Governors of the States and the
Secretary.
(B) First increment.--The term ``First Increment'' means
the first 13 years of the Program.
(C) Governance committee.--The term ``Governance
Committee'' means the governance committee established under
the Agreement and composed of members from the States, the
Federal Government, environmental interests, and water users.
(D) Interest in land or water.--The term ``interest in land
or water'' includes a fee title, short- or long-term
easement, lease, or other contractual arrangement that is
determined to be necessary by the Secretary to implement the
land and water components of the Program.
(E) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the
Agreement.
(F) Project or activity.--The term ``project or activity''
means--
(i) the planning, design, permitting or other compliance
activity, preconstruction activity, construction,
construction management, operation, maintenance, and
replacement of a facility;
(ii) the acquisition of an interest in land or water;
(iii) habitat restoration;
(iv) research and monitoring;
(v) program administration; and
(vi) any other activity that is determined to be necessary
by the Secretary to carry out the Program.
(G) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(H) States.--The term ``States'' means the States of
Nebraska, Wyoming, and Colorado.
(2) Implementation of program.--
(A) In general.--The Secretary, in cooperation with the
Governance Committee, may--
(i) participate in the Program; and
(ii) carry out any projects and activities that are
designated for implementation during the First Increment.
(B) Authority of secretary.--For purposes of carrying out
this section, the Secretary, in cooperation with the
Governance Committee, may--
(i) enter into agreements and contracts with Federal and
non-Federal entities;
(ii) acquire interests in land, water, and facilities from
willing sellers without the use of eminent domain;
(iii) subsequently transfer any interests acquired under
clause (ii); and
(iv) accept or provide grants.
(3) Cost-sharing contributions.--
(A) In general.--As provided in the Agreement, the States
shall contribute not less than 50 percent of the total
contributions necessary to carry out the Program.
(B) Non-federal contributions.--The following contributions
shall constitute the States' share of the Program:
(i) $30,000,000 in non-Federal funds, with the balance of
funds remaining to be contributed to be adjusted for
inflation on October 1 of the year after the date of
enactment of this Act and each October 1 thereafter.
(ii) Credit for contributions of water or land for the
purposes of implementing the Program, as determined to be
appropriate by the Secretary.
(C) In-kind contributions.--The Secretary or the States may
elect to provide a portion of the Federal share or non-
Federal share, respectively, in the form of in-kind goods or
services, if the contribution of goods or services is
approved by the Governance Committee, as provided in
Attachment 1 of the Agreement.
(4) Authority to modify program.--The Program may be
modified or amended before the completion of the First
Increment if the Secretary and the States determine that the
modifications are consistent with the purposes of the
Program.
(5) Effect.--
(A) Effect on reclamation laws.--No action carried out
under this subsection shall, with respect to the acreage
limitation provisions of the reclamation laws--
(i) be considered in determining whether a district (as the
term is defined in section 202 of the Reclamation Reform Act
of 1982 (43 U.S.C. 390bb)) has discharged the obligation of
the district to repay the construction cost of project
facilities used to make irrigation water available for
delivery to land in the district;
(ii) serve as the basis for reinstating acreage limitation
provisions in a district that has completed payment of the
construction obligations of the district; or
(iii) serve as the basis for increasing the construction
repayment obligation of the district, which would extend the
period during which the acreage limitation provisions would
apply.
(B) Effect on water rights.--Nothing in this section--
(i) creates Federal water rights; or
(ii) requires the grant of water rights to Federal
entities.
(6) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out projects and activities under this subsection
$157,140,000, as adjusted under subparagraph (C).
(B) Nonreimbursable federal expenditures.--Any amounts
expended under subparagraph (A) shall be considered to be
nonreimbursable Federal expenditures.
(C) Adjustment.--The balance of funds remaining to be
appropriated shall be adjusted

[[Page S2910]]

for inflation on October 1 of the year after the date of
enactment of this Act and each October 1 thereafter.
(D) Availability of funds.--At the end of each fiscal year,
any unexpended funds for projects and activities made
available under subparagraph (A) shall be retained for use in
future fiscal years to implement projects and activities
under the Program.
(7) Termination of authority.--The authority for the
Secretary to implement the First Increment shall terminate on
September 30, 2020.
(c) Pathfinder Modification Project.--
(1) Authorization of project.--
(A) In general.--The Secretary of the Interior, acting
through the Commissioner of Reclamation (referred to in this
subsection as the ``Secretary''), may--
(i) modify the Pathfinder Dam and Reservoir; and
(ii) enter into 1 or more agreements with the State of
Wyoming to implement the Pathfinder Modification Project
(referred to in this subsection as the ``Project''), as
described in Appendix F to the Final Settlement Stipulation
in Nebraska v. Wyoming, 534 U.S. 40 (2001).
(B) Federal appropriations.--No Federal appropriations are
required to modify the Pathfinder Dam under this paragraph.
(2) Authorized uses of pathfinder reservoir.--Provided that
all of the conditions described in paragraph (3) are first
met, the approximately 54,000 acre-feet capacity of
Pathfinder Reservoir, which has been lost to sediment but
will be recaptured by the Project, may be used for municipal,
environmental, and other purposes, as described in Appendix F
to the Final Settlement Stipulation in Nebraska v. Wyoming,
534 U.S. 40 (2001).
(3) Conditions precedent.--The actions and water uses
authorized in paragraphs (1)(A)(i) and (2) shall not occur
until each of the following actions have been completed:
(A) Final approval from the Wyoming legislature for the
export of Project water to the State of Nebraska under the
laws (including regulations) of the State of Wyoming.
(B) Final approval in a change of water use proceeding
under the laws (including regulations) of the State of
Wyoming for all new uses planned for Project water. Final
approval, as used in this subparagraph, includes exhaustion
of any available review under State law of any administrative
action authorizing the change of the Pathfinder Reservoir
water right.

SEC. 516. CENTRAL OKLAHOMA MASTER CONSERVATORY DISTRICT
FEASIBILITY STUDY.

(a) Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of the Interior, acting
through the Commissioner of Reclamation (referred to in this
section as the ``Secretary''), shall--
(A) conduct a feasibility study of alternatives to augment
the water supplies of--
(i) the Central Oklahoma Master Conservatory District
(referred to in this section as the ``District)''; and
(ii) cities served by the District;
(2) Inclusions.--The study under paragraph (1) shall
include recommendations of the Secretary, if any, relating to
the alternatives studied.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total costs of
the study under subsection (a) shall not exceed 50 percent.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) may be in the form of any in-
kind services that the Secretary determines would contribute
substantially toward the conduct and completion of the study.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to conduct the study
under subsection (a) $900,000.

TITLE VI--DEPARTMENT OF ENERGY AUTHORIZATIONS

SEC. 601. ENERGY TECHNOLOGY TRANSFER.

Section 917 of the Energy Policy Act of 2005 (42 U.S.C.
16197) is amended to read as follows:

``SEC. 917. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.

``(a) Grants.--Not later than 18 months after the date of
enactment of the National Forests, Parks, Public Land, and
Reclamation Projects Authorization Act of 2008, the Secretary
shall make grants to nonprofit institutions, State and local
governments, cooperative extension services, or institutions
of higher education (or consortia thereof), to establish a
geographically dispersed network of Advanced Energy
Technology Transfer Centers, to be located in areas the
Secretary determines have the greatest need of the services
of such Centers. In making awards under this section, the
Secretary shall--
``(1) give priority to applicants already operating or
partnered with an outreach program capable of transferring
knowledge and information about advanced energy efficiency
methods and technologies;
``(2) ensure that, to the extent practicable, the program
enables the transfer of knowledge and information--
``(A) about a variety of technologies; and
``(B) in a variety of geographic areas;
``(3) give preference to applicants that would
significantly expand on or fill a gap in existing programs in
a geographical region; and
``(4) consider the special needs and opportunities for
increased energy efficiency for manufactured and site-built
housing, including construction, renovation, and retrofit.
``(b) Activities.--Each Center shall operate a program to
encourage demonstration and commercial application of
advanced energy methods and technologies through education
and outreach to building and industrial professionals, and to
other individuals and organizations with an interest in
efficient energy use. Funds awarded under this section may be
used for the following activities:
``(1) Developing and distributing informational materials
on technologies that could use energy more efficiently.
``(2) Carrying out demonstrations of advanced energy
methods and technologies.
``(3) Developing and conducting seminars, workshops, long-
distance learning sessions, and other activities to aid in
the dissemination of knowledge and information on
technologies that could use energy more efficiently.
``(4) Providing or coordinating onsite energy evaluations,
including instruction on the commissioning of building
heating and cooling systems, for a wide range of energy end-
users.
``(5) Examining the energy efficiency needs of energy end-
users to develop recommended research projects for the
Department.
``(6) Hiring experts in energy efficient technologies to
carry out activities described in paragraphs (1) through (5).
``(c) Application.--A person seeking a grant under this
section shall submit to the Secretary an application in such
form and containing such information as the Secretary may
require. The Secretary may award a grant under this section
to an entity already in existence if the entity is otherwise
eligible under this section. The application shall include,
at a minimum--
``(1) a description of the applicant's outreach program,
and the geographic region it would serve, and of why the
program would be capable of transferring knowledge and
information about advanced energy technologies that increase
efficiency of energy use;
``(2) a description of the activities the applicant would
carry out, of the technologies that would be transferred, and
of any other organizations that will help facilitate a
regional approach to carrying out those activities;
``(3) a description of how the proposed activities would be
appropriate to the specific energy needs of the geographic
region to be served;
``(4) an estimate of the number and types of energy end-
users expected to be reached through such activities; and
``(5) a description of how the applicant will assess the
success of the program.
``(d) Selection Criteria.--The Secretary shall award grants
under this section on the basis of the following criteria, at
a minimum:
``(1) The ability of the applicant to carry out the
proposed activities.
``(2) The extent to which the applicant will coordinate the
activities of the Center with other entities as appropriate,
such as State and local governments, utilities, institutions
of higher education, and National Laboratories.
``(3) The appropriateness of the applicant's outreach
program for carrying out the program described in this
section.
``(4) The likelihood that proposed activities could be
expanded or used as a model for other areas.
``(e) Cost-Sharing.--In carrying out this section, the
Secretary shall require cost-sharing in accordance with the
requirements of section 988 for commercial application
activities.
``(f) Duration.--
``(1) Initial grant period.--A grant awarded under this
section shall be for a period of 5 years.
``(2) Initial evaluation.--Each grantee under this section
shall be evaluated during its third year of operation under
procedures established by the Secretary to determine if the
grantee is accomplishing the purposes of this section
described in subsection (a). The Secretary shall terminate
any grant that does not receive a positive evaluation. If an
evaluation is positive, the Secretary may extend the grant
for 3 additional years beyond the original term of the grant.
``(3) Additional extension.--If a grantee receives an
extension under paragraph (2), the grantee shall be evaluated
again during the second year of the extension. The Secretary
shall terminate any grant that does not receive a positive
evaluation. If an evaluation is positive, the Secretary may
extend the grant for a final additional period of 3
additional years beyond the original extension.
``(4) Limitation.--No grantee may receive more than 11
years of support under this section without reapplying for
support and competing against all other applicants seeking a
grant at that time.
``(g) Prohibition.--None of the funds awarded under this
section may be used for the construction of facilities.
``(h) Definitions.--For purposes of this section:
``(1) Advanced energy methods and technologies.--The term
`advanced energy methods and technologies' means all methods
and technologies that promote energy efficiency and
conservation, including distributed generation technologies,
and life-cycle analysis of energy use.

[[Page S2911]]

``(2) Center.--The term `Center' means an Advanced Energy
Technology Transfer Center established pursuant to this
section.
``(3) Distributed generation.--The term `distributed
generation' means an electric power generation technology,
including photovoltaic, small wind, and micro-combined heat
and power, that serves electric consumers at or near the site
of production.
``(4) Cooperative extension.--The term `Cooperative
Extension' means the extension services established at the
land-grant colleges and universities under the Smith-Lever
Act of May 8, 1914.
``(5) Land-grant colleges and universities.--The term
`land-grant colleges and universities' means--
``(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of that
Act); and
``(C) 1994 Institutions (as defined in section 2 of that
Act).
``(i) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated in section
911, there are authorized to be appropriated for the program
under this section such sums as may be appropriated.''.

SEC. 602. AMENDMENTS TO THE STEEL AND ALUMINUM ENERGY
CONSERVATION AND TECHNOLOGY COMPETITIVENESS ACT
OF 1988.

(a) Authorization of Appropriations.--Section 9 of the
Steel and Aluminum Energy Conservation and Technology
Competitiveness Act of 1988 (15 U.S.C. 5108) is amended to
read as follows:

``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to the Secretary
to carry out this Act $12,000,000 for each of the fiscal
years 2008 through 2012.''.
(b) Steel Project Priorities.--Section 4(c)(1) of the Steel
and Aluminum Energy Conservation and Technology
Competitiveness Act of 1988 (15 U.S.C. 5103(c)(1)) is
amended--
(1) in subparagraph (H), by striking ``coatings for sheet
steels'' and inserting ``sheet and bar steels''; and
(2) by adding at the end the following new subparagraph:
``(K) The development of technologies which reduce
greenhouse gas emissions.''.
(c) Conforming Amendments.--The Steel and Aluminum Energy
Conservation and Technology Competitiveness Act of 1988 is
further amended--
(1) by striking section 7 (15 U.S.C. 5106); and
(2) in section 8 (15 U.S.C. 5107), by inserting ``,
beginning with fiscal year 2008,'' after ``close of each
fiscal year''.

TITLE VII--NORTHERN MARIANA ISLANDS

Subtitle A--Immigration, Security, and Labor

SEC. 701. STATEMENT OF CONGRESSIONAL INTENT.

(a) Immigration and Growth.--In recognition of the need to
ensure uniform adherence to long-standing fundamental
immigration policies of the United States, it is the
intention of the Congress in enacting this subtitle--
(1) to ensure that effective border control procedures are
implemented and observed, and that national security and
homeland security issues are properly addressed, by extending
the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(17)), to
apply to the Commonwealth of the Northern Mariana Islands
(referred to in this subtitle as the ``Commonwealth''), with
special provisions to allow for--
(A) the orderly phasing-out of the nonresident contract
worker program of the Commonwealth; and
(B) the orderly phasing-in of Federal responsibilities over
immigration in the Commonwealth; and
(2) to minimize, to the greatest extent practicable,
potential adverse economic and fiscal effects of phasing-out
the Commonwealth's nonresident contract worker program and to
maximize the Commonwealth's potential for future economic and
business growth by--
(A) encouraging diversification and growth of the economy
of the Commonwealth in accordance with fundamental values
underlying Federal immigration policy;
(B) recognizing local self-government, as provided for in
the Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union With the United States of
America through consultation with the Governor of the
Commonwealth;
(C) assisting the Commonwealth in achieving a progressively
higher standard of living for citizens of the Commonwealth
through the provision of technical and other assistance;
(D) providing opportunities for individuals authorized to
work in the United States, including citizens of the freely
associated states; and
(E) providing a mechanism for the continued use of alien
workers, to the extent those workers continue to be necessary
to supplement the Commonwealth's resident workforce, and to
protect those workers from the potential for abuse and
exploitation.
(b) Avoiding Adverse Effects.--In recognition of the
Commonwealth's unique economic circumstances, history, and
geographical location, it is the intent of the Congress that
the Commonwealth be given as much flexibility as possible in
maintaining existing businesses and other revenue sources,
and developing new economic opportunities, consistent with
the mandates of this subtitle. This subtitle, and the
amendments made by this subtitle, should be implemented
wherever possible to expand tourism and economic development
in the Commonwealth, including aiding prospective tourists in
gaining access to the Commonwealth's memorials, beaches,
parks, dive sites, and other points of interest.

SEC. 702. IMMIGRATION REFORM FOR THE COMMONWEALTH.

(a) Amendment to Joint Resolution Approving Covenant
Establishing Commonwealth of the Northern Mariana Islands.--
The Joint Resolution entitled ``A Joint Resolution to approve
the `Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241; 90 Stat. 263), is amended by adding at
the end the following new section:

``SEC. 6. IMMIGRATION AND TRANSITION.

``(a) Application of the Immigration and Nationality Act
and Establishment of a Transition Program.--
``(1) In general.--Subject to paragraphs (2) and (3),
effective on the first day of the first full month commencing
1 year after the date of enactment of the Consolidated
Natural Resources Act of 2008 (hereafter referred to as the
`transition program effective date'), the provisions of the
`immigration laws' (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall
apply to the Commonwealth of the Northern Mariana Islands
(referred to in this section as the `Commonwealth'), except
as otherwise provided in this section.
``(2) Transition period.--There shall be a transition
period beginning on the transition program effective date and
ending on December 31, 2014, except as provided in
subsections (b) and (d), during which the Secretary of
Homeland Security, in consultation with the Secretary of
State, the Attorney General, the Secretary of Labor, and the
Secretary of the Interior, shall establish, administer, and
enforce a transition program to regulate immigration to the
Commonwealth, as provided in this section (hereafter referred
to as the `transition program').
``(3) Delay of commencement of transition period.--
``(A) In general.--The Secretary of Homeland Security, in
the Secretary's sole discretion, in consultation with the
Secretary of the Interior, the Secretary of Labor, the
Secretary of State, the Attorney General, and the Governor of
the Commonwealth, may determine that the transition program
effective date be delayed for a period not to exceed more
than 180 days after such date.
``(B) Congressional notification.--The Secretary of
Homeland Security shall notify the Congress of a
determination under subparagraph (A) not later than 30 days
prior to the transition program effective date.
``(C) Congressional review.--A delay of the transition
program effective date shall not take effect until 30 days
after the date on which the notification under subparagraph
(B) is made.
``(4) Requirement for regulations.--The transition program
shall be implemented pursuant to regulations to be
promulgated, as appropriate, by the head of each agency or
department of the United States having responsibilities under
the transition program.
``(5) Interagency agreements.--The Secretary of Homeland
Security, the Secretary of State, the Secretary of Labor, and
the Secretary of the Interior shall negotiate and implement
agreements among their agencies to identify and assign their
respective duties so as to ensure timely and proper
implementation of the provisions of this section. The
agreements should address, at a minimum, procedures to ensure
that Commonwealth employers have access to adequate labor,
and that tourists, students, retirees, and other visitors
have access to the Commonwealth without unnecessary delay or
impediment. The agreements may also allocate funding between
the respective agencies tasked with various responsibilities
under this section.
``(6) Certain education funding.--In addition to fees
charged pursuant to section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)) to recover the full costs
of providing adjudication services, the Secretary of Homeland
Security shall charge an annual supplemental fee of $150 per
nonimmigrant worker to each prospective employer who is
issued a permit under subsection (d) of this section during
the transition period. Such supplemental fee shall be paid
into the Treasury of the Commonwealth government for the
purpose of funding ongoing vocational educational curricula
and program development by Commonwealth educational entities.
``(7) Asylum.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) shall not apply during the
transition period to persons physically present in the
Commonwealth or arriving in the Commonwealth (whether or not
at a designated port of arrival), including persons brought
to the Commonwealth after having been interdicted in
international or United States waters.
``(b) Numerical Limitations for Nonimmigrant Workers.--An
alien, if otherwise qualified, may seek admission to Guam or
to the Commonwealth during the transition program as a
nonimmigrant worker under section 101(a)(15)(H) of the
Immigration and

[[Page S2912]]

Nationality Act (8 U.S.C. 1101(a)(15)(H)) without counting
against the numerical limitations set forth in section 214(g)
of such Act (8 U.S.C. 1184(g)). This subsection does not
apply to any employment to be performed outside of Guam or
the Commonwealth. Not later than 3 years following the
transition program effective date, the Secretary of Homeland
Security shall issue a report to the Committee on Energy and
Natural Resources and the Committee on the Judiciary of the
Senate and the Committee on Natural Resources and the
Committee on the Judiciary of the House of Representatives
projecting the number of asylum claims the Secretary
anticipates following the termination of the transition
period, the efforts the Secretary has made to ensure
appropriate interdiction efforts, provide for appropriate
treatment of asylum seekers, and prepare to accept and
adjudicate asylum claims in the Commonwealth.
``(c) Nonimmigrant Investor Visas.--
``(1) In general.--Notwithstanding the treaty requirements
in section 101(a)(15)(E) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(E)), during the transition period,
the Secretary of Homeland Security may, upon the application
of an alien, classify an alien as a CNMI-only nonimmigrant
under section 101(a)(15)(E)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien--
``(A) has been admitted to the Commonwealth in long-term
investor status under the immigration laws of the
Commonwealth before the transition program effective date;
``(B) has continuously maintained residence in the
Commonwealth under long-term investor status;
``(C) is otherwise admissible; and
``(D) maintains the investment or investments that formed
the basis for such long-term investor status.
``(2) Requirement for regulations.--Not later than 60 days
before the transition program effective date, the Secretary
of Homeland Security shall publish regulations in the Federal
Register to implement this subsection.
``(d) Special Provision To Ensure Adequate Employment;
Commonwealth Only Transitional Workers.--An alien who is
seeking to enter the Commonwealth as a nonimmigrant worker
may be admitted to perform work during the transition period
subject to the following requirements:
``(1) Such an alien shall be treated as a nonimmigrant
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)), including the ability
to apply, if otherwise eligible, for a change of nonimmigrant
classification under section 248 of such Act (8 U.S.C. 1258)
or adjustment of status under this section and section 245 of
such Act (8 U.S.C. 1255).
``(2) The Secretary of Homeland Security shall establish,
administer, and enforce a system for allocating and
determining the number, terms, and conditions of permits to
be issued to prospective employers for each such nonimmigrant
worker described in this subsection who would not otherwise
be eligible for admission under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.). In adopting and
enforcing this system, the Secretary shall also consider, in
good faith and not later than 30 days after receipt by the
Secretary, any comments and advice submitted by the Governor
of the Commonwealth. This system shall provide for a
reduction in the allocation of permits for such workers on an
annual basisto zero, during a period not to extend beyond
December 31, 2014, unless extended pursuant to paragraph 5 of
this subsection. In no event shall a permit be valid beyond
the expiration of the transition period. This system may be
based on any reasonable method and criteria determined by the
Secretary of Homeland Security to promote the maximum use of,
and to prevent adverse effects on wages and working
conditions of, workers authorized to be employed in the
United States, including lawfully admissible freely
associated state citizen labor. No alien shall be granted
nonimmigrant classification or a visa under this subsection
unless the permit requirements established under this
paragraph have been met.
``(3) The Secretary of Homeland Security shall set the
conditions for admission of such an alien under the
transition program, and the Secretary of State shall
authorize the issuance of nonimmigrant visas for such an
alien. Such a visa shall not be valid for admission to the
United States, as defined in section 101(a)(38) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(38)),
except admission to the Commonwealth. An alien admitted to
the Commonwealth on the basis of such a visa shall be
permitted to engage in employment only as authorized pursuant
to the transition program.
``(4) Such an alien shall be permitted to transfer between
employers in the Commonwealth during the period of such
alien's authorized stay therein, without permission of the
employee's current or prior employer, within the alien's
occupational category or another occupational category the
Secretary of Homeland Security has found requires alien
workers to supplement the resident workforce.
``(5)(A) Not later than 180 days prior to the expiration of
the transition period, or any extension thereof, the
Secretary of Labor, in consultation with the Secretary of
Homeland Security, the Secretary of Defense, the Secretary of
the Interior, and the Governor of the Commonwealth, shall
ascertain the current and anticipated labor needs of the
Commonwealth and determine whether an extension of up to 5
years of the provisions of this subsection is necessary to
ensure an adequate number of workers will be available for
legitimate businesses in the Commonwealth. For the purpose of
this subparagraph, a business shall not be considered
legitimate if it engages directly or indirectly in
prostitution, trafficking in minors, or any other activity
that is illegal under Federal or local law. The
determinations of whether a business is legitimate and to
what extent, if any, it may require alien workers to
supplement the resident workforce, shall be made by the
Secretary of Homeland Security, in the Secretary's sole
discretion.
``(B) If the Secretary of Labor determines that such an
extension is necessary to ensure an adequate number of
workers for legitimate businesses in the Commonwealth, the
Secretary of Labor may, through notice published in the
Federal Register, provide for an additional extension period
of up to 5 years.
``(C) In making the determination of whether alien workers
are necessary to ensure an adequate number of workers for
legitimate businesses in the Commonwealth, and if so, the
number of such workers that are necessary, the Secretary of
Labor may consider, among other relevant factors--
``(i) government, industry, or independent workforce
studies reporting on the need, or lack thereof, for alien
workers in the Commonwealth's businesses;
``(ii) the unemployment rate of United States citizen
workers residing in the Commonwealth;
``(iii) the unemployment rate of aliens in the Commonwealth
who have been lawfully admitted for permanent residence;
``(iv) the number of unemployed alien workers in the
Commonwealth;
``(v) any good faith efforts to locate, educate, train, or
otherwise prepare United States citizen residents, lawful
permanent residents, and unemployed alien workers already
within the Commonwealth, to assume those jobs;
``(vi) any available evidence tending to show that United
States citizen residents, lawful permanent residents, and
unemployed alien workers already in the Commonwealth are not
willing to accept jobs of the type offered;
``(vii) the extent to which admittance of alien workers
will affect the compensation, benefits, and living standards
of existing workers within those industries and other
industries authorized to employ alien workers; and
``(viii) the prior use, if any, of alien workers to fill
those industry jobs, and whether the industry requires alien
workers to fill those jobs.
``(6) The Secretary of Homeland Security may authorize the
admission of a spouse or minor child accompanying or
following to join a worker admitted pursuant to this
subsection.
``(e) Persons Lawfully Admitted Under the Commonwealth
Immigration Law.--
``(1) Prohibition on removal.--
``(A) In general.--Subject to subparagraph (B), no alien
who is lawfully present in the Commonwealth pursuant to the
immigration laws of the Commonwealth on the transition
program effective date shall be removed from the United
States on the grounds that such alien's presence in the
Commonwealth is in violation of section 212(a)(6)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)),
until the earlier of the date--
``(i) of the completion of the period of the alien's
admission under the immigration laws of the Commonwealth; or
``(ii) that is 2 years after the transition program
effective date.
``(B) Limitations.--Nothing in this subsection shall be
construed to prevent or limit the removal under subparagraph
212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(A)) of such an alien at any time, if the alien
entered the Commonwealth after the date of enactment of the
Consolidated Natural Resources Act of 2008, and the Secretary
of Homeland Security has determined that the Government of
the Commonwealth has violated section 702(i) of the
Consolidated Natural Resources Act of 2008.
``(2) Employment authorization.--An alien who is lawfully
present and authorized to be employed in the Commonwealth
pursuant to the immigration laws of the Commonwealth on the
transition program effective date shall be considered
authorized by the Secretary of Homeland Security to be
employed in the Commonwealth until the earlier of the date--
``(A) of expiration of the alien's employment authorization
under the immigration laws of the Commonwealth; or
``(B) that is 2 years after the transition program
effective date.
``(3) Registration.--The Secretary of Homeland Security may
require any alien present in the Commonwealth on or after the
transition period effective date to register with the
Secretary in such a manner, and according to such schedule,
as he may in his discretion require. Paragraphs (1) and (2)
of this subsection shall not apply to any alien who fails to
comply with such registration requirement. Notwithstanding
any other law, the Government of the Commonwealth shall
provide to the Secretary all Commonwealth immigration records
or other information that the Secretary deems necessary to
assist the implementation of this paragraph or other
provisions of the Consolidated Natural Resources Act of 2008.
Nothing in this paragraph shall modify or limit section 262
of the Immigration and Nationality Act

[[Page S2913]]

(8 U.S.C. 1302) or other provision of the Immigration and
Nationality Act relating to the registration of aliens.
``(4) Removable aliens.--Except as specifically provided in
paragraph (1)(A) of this subsection, nothing in this
subsection shall prohibit or limit the removal of any alien
who is removable under the Immigration and Nationality Act.
``(5) Prior orders of removal.--The Secretary of Homeland
Security may execute any administratively final order of
exclusion, deportation or removal issued under authority of
the immigration laws of the United States before, on, or
after the transition period effective date, or under
authority of the immigration laws of the Commonwealth before
the transition period effective date, upon any subject of
such order found in the Commonwealth on or after the
transition period effective date, regardless whether the
alien has previously been removed from the United States or
the Commonwealth pursuant to such order.
``(f) Effect on Other Laws.--The provisions of this section
and of the immigration laws, as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)), shall, on the transition program effective
date, supersede and replace all laws, provisions, or programs
of the Commonwealth relating to the admission of aliens and
the removal of aliens from the Commonwealth.
``(g) Accrual of Time for Purposes of Section 212(a)(9)(B)
of the Immigration and Nationality Act.--No time that an
alien is present in the Commonwealth in violation of the
immigration laws of the Commonwealth shall be counted for
purposes of inadmissibility under section 212(a)(9)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
``(h) Report on Nonresident Guestworker Population.--The
Secretary of the Interior, in consultation with the Secretary
of Homeland Security, and the Governor of the Commonwealth,
shall report to the Congress not later than 2 years after the
date of enactment of the Consolidated Natural Resources Act
of 2008. The report shall include--
``(1) the number of aliens residing in the Commonwealth;
``(2) a description of the legal status (under Federal law)
of such aliens;
``(3) the number of years each alien has been residing in
the Commonwealth;
``(4) the current and future requirements of the
Commonwealth economy for an alien workforce; and
``(5) such recommendations to the Congress, as the
Secretary may deem appropriate, related to whether or not the
Congress should consider permitting lawfully admitted guest
workers lawfully residing in the Commonwealth on such
enactment date to apply for long-term status under the
immigration and nationality laws of the United States.''.
(b) Waiver of Requirements for Nonimmigrant Visitors.--The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 214(a)(1) (8 U.S.C. 1184(a)(1))--
(A) by striking ``Guam'' each place such term appears and
inserting ``Guam or the Commonwealth of the Northern Mariana
Islands''; and
(B) by striking ``fifteen'' and inserting ``45'';
(2) in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by
amending clause (iii) to read as follows:
``(iii) Guam and northern mariana islands visa waiver.--For
provision authorizing waiver of clause (i) in the case of
visitors to Guam or the Commonwealth of the Northern Mariana
Islands, see subsection (l).''; and
(3) by amending section 212(l) (8 U.S.C. 1182(l)) to read
as follows:
``(l) Guam and Northern Mariana Islands Visa Waiver
Program.--
``(1) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien applying for admission as a
nonimmigrant visitor for business or pleasure and solely for
entry into and stay in Guam or the Commonwealth of the
Northern Mariana Islands for a period not to exceed 45 days,
if the Secretary of Homeland Security, after consultation
with the Secretary of the Interior, the Secretary of State,
the Governor of Guam and the Governor of the Commonwealth of
the Northern Mariana Islands, determines that--
``(A) an adequate arrival and departure control system has
been developed in Guam and the Commonwealth of the Northern
Mariana Islands; and
``(B) such a waiver does not represent a threat to the
welfare, safety, or security of the United States or its
territories and commonwealths.
``(2) Alien waiver of rights.--An alien may not be provided
a waiver under this subsection unless the alien has waived
any right--
``(A) to review or appeal under this Act an immigration
officer's determination as to the admissibility of the alien
at the port of entry into Guam or the Commonwealth of the
Northern Mariana Islands; or
``(B) to contest, other than on the basis of an application
for withholding of removal under section 241(b)(3) of this
Act or under the Convention Against Torture, or an
application for asylum if permitted under section 208, any
action for removal of the alien.
``(3) Regulations.--All necessary regulations to implement
this subsection shall be promulgated by the Secretary of
Homeland Security, in consultation with the Secretary of the
Interior and the Secretary of State, on or before the 180th
day after the date of enactment of the Consolidated Natural
Resources Act of 2008. The promulgation of such regulations
shall be considered a foreign affairs function for purposes
of section 553(a) of title 5, United States Code. At a
minimum, such regulations should include, but not necessarily
be limited to--
``(A) a listing of all countries whose nationals may obtain
the waiver also provided by this subsection, except that such
regulations shall provide for a listing of any country from
which the Commonwealth has received a significant economic
benefit from the number of visitors for pleasure within the
one-year period preceding the date of enactment of the
Consolidated Natural Resources Act of 2008, unless the
Secretary of Homeland Security determines that such country's
inclusion on such list would represent a threat to the
welfare, safety, or security of the United States or its
territories; and
``(B) any bonding requirements for nationals of some or all
of those countries who may present an increased risk of
overstays or other potential problems, if different from such
requirements otherwise provided by law for nonimmigrant
visitors.
``(4) Factors.--In determining whether to grant or continue
providing the waiver under this subsection to nationals of
any country, the Secretary of Homeland Security, in
consultation with the Secretary of the Interior and the
Secretary of State, shall consider all factors that the
Secretary deems relevant, including electronic travel
authorizations, procedures for reporting lost and stolen
passports, repatriation of aliens, rates of refusal for
nonimmigrant visitor visas, overstays, exit systems, and
information exchange.
``(5) Suspension.--The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and
the Commonwealth of the Northern Mariana Islands under this
subsection. If the Secretary determines that such admissions
have resulted in an unacceptable number of visitors from a
country remaining unlawfully in Guam or the Commonwealth of
the Northern Mariana Islands, unlawfully obtaining entry to
other parts of the United States, or seeking withholding of
removal or asylum, or that visitors from a country pose a
risk to law enforcement or security interests of Guam or the
Commonwealth of the Northern Mariana Islands or of the United
States (including the interest in the enforcement of the
immigration laws of the United States), the Secretary shall
suspend the admission of nationals of such country under this
subsection. The Secretary of Homeland Security may in the
Secretary's discretion suspend the Guam and Northern Mariana
Islands visa waiver program at any time, on a country-by-
country basis, for other good cause.
``(6) Addition of countries.--The Governor of Guam and the
Governor of the Commonwealth of the Northern Mariana Islands
may request the Secretary of the Interior and the Secretary
of Homeland Security to add a particular country to the list
of countries whose nationals may obtain the waiver provided
by this subsection, and the Secretary of Homeland Security
may grant such request after consultation with the Secretary
of the Interior and the Secretary of State, and may
promulgate regulations with respect to the inclusion of that
country and any special requirements the Secretary of
Homeland Security, in the Secretary's sole discretion, may
impose prior to allowing nationals of that country to obtain
the waiver provided by this subsection.''.
(c) Special Nonimmigrant Categories for Guam and the
Commonwealth of the Northern Mariana Islands.--The Governor
of Guam and the Governor of the Commonwealth of the Northern
Mariana Islands (referred to in this subsection as ``CNMI'')
may request that the Secretary of Homeland Security study the
feasibility of creating additional Guam or CNMI-only
nonimmigrant visas to the extent that existing nonimmigrant
visa categories under the Immigration and Nationality Act do
not provide for the type of visitor, the duration of
allowable visit, or other circumstance. The Secretary of
Homeland Security may review such a request, and, after
consultation with the Secretary of State and the Secretary of
the Interior, shall issue a report to the Committee on Energy
and Natural Resources and the Committee on the Judiciary of
the Senate and the Committee on Natural Resources and the
Committee on the Judiciary of the House of Representatives
with respect to the feasibility of creating those additional
Guam or CNMI-only visa categories. Consideration of such
additional Guam or CNMI-only visa categories may include, but
are not limited to, special nonimmigrant statuses for
investors, students, and retirees, but shall not include
nonimmigrant status for the purpose of employment in Guam or
the CNMI.
(d) Inspection of Persons Arriving From the Commonwealth of
the Northern Mariana Islands; Guam and Northern Mariana
Islands-Only Visas Not Valid for Entry Into Other Parts of
the United States.--Section 212(d)(7) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(7)) is amended by inserting
``the Commonwealth of the Northern Mariana Islands,'' after
``Guam,''.
(e) Technical Assistance Program.--
(1) In general.--The Secretary of the Interior, in
consultation with the Governor of

[[Page S2914]]

the Commonwealth, the Secretary of Labor, and the Secretary
of Commerce, and as provided in the Interagency Agreements
required to be negotiated under section 6(a)(4) of the Joint
Resolution entitled ``A Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241), as added by subsection (a), shall
provide--
(A) technical assistance and other support to the
Commonwealth to identify opportunities for, and encourage
diversification and growth of, the economy of the
Commonwealth;
(B) technical assistance, including assistance in
recruiting, training, and hiring of workers, to assist
employers in the Commonwealth in securing employees first
from among United States citizens and nationals resident in
the Commonwealth and if an adequate number of such workers
are not available, from among legal permanent residents,
including lawfully admissible citizens of the freely
associated states; and
(C) technical assistance, including assistance to identify
types of jobs needed, identify skills needed to fulfill such
jobs, and assistance to Commonwealth educational entities to
develop curricula for such job skills to include training
teachers and students for such skills.
(2) Consultation.--In providing such technical assistance
under paragraph (1), the Secretaries shall--
(A) consult with the Government of the Commonwealth, local
businesses, regional banks, educational institutions, and
other experts in the economy of the Commonwealth; and
(B) assist in the development and implementation of a
process to identify opportunities for and encourage
diversification and growth of the economy of the Commonwealth
and to identify and encourage opportunities to meet the labor
needs of the Commonwealth.
(3) Cost-sharing.--For the provision of technical
assistance or support under this paragraph (other than that
required to pay the salaries and expenses of Federal
personnel), the Secretary of the Interior shall require a
non-Federal matching contribution of 10 percent.
(f) Operations.--
(1) Establishment.--At any time on and after the date of
enactment of this Act, the Attorney General, Secretary of
Homeland Security, and the Secretary of Labor may establish
and maintain offices and other operations in the Commonwealth
for the purpose of carrying out duties under--
(A) the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.); and
(B) the transition program established under section 6 of
the Joint Resolution entitled ``A Joint Resolution to approve
the `Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241), as added by subsection (a).
(2) Personnel.--To the maximum extent practicable and
consistent with the satisfactory performance of assigned
duties under applicable law, the Attorney General, Secretary
of Homeland Security, and the Secretary of Labor shall
recruit and hire personnel from among qualified United States
citizens and national applicants residing in the Commonwealth
to serve as staff in carrying out operations described in
paragraph (1).
(g) Conforming Amendments to Public Law 94-241.--
(1) Amendments.--Public Law 94-241 is amended as follows:
(A) In section 503 of the covenant set forth in section 1,
by striking subsection (a) and redesignating subsections (b)
and (c) as subsections (a) and (b), respectively.
(B) By striking section 506 of the covenant set forth in
section 1.
(C) In section 703(b) of the covenant set forth in section
1, by striking ``quarantine, passport, immigration and
naturalization'' and inserting ``quarantine and passport''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the transition program effective date
described in section 6 of Public Law 94-241 (as added by
subsection (a)).
(h) Reports to Congress.--
(1) In general.--Not later than March 1 of the first year
that is at least 2 full years after the date of enactment of
this subtitle, and annually thereafter, the President shall
submit to the Committee on Energy and Natural Resources and
the Committee on the Judiciary of the Senate and the
Committee on Natural Resources and the Committee on the
Judiciary of the House of Representatives a report that
evaluates the overall effect of the transition program
established under section 6 of the Joint Resolution entitled
``A Joint Resolution to approve the `Covenant To Establish a
Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America', and for other
purposes'', approved March 24, 1976 (Public Law 94-241), as
added by subsection (a), and the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) on the Commonwealth.
(2) Contents.--In addition to other topics otherwise
required to be included under this subtitle or the amendments
made by this subtitle, each report submitted under paragraph
(1) shall include a description of the efforts that have been
undertaken during the period covered by the report to
diversify and strengthen the local economy of the
Commonwealth, including efforts to promote the Commonwealth
as a tourist destination. The report by the President shall
include an estimate for the numbers of nonimmigrant workers
described under section 101(a)(15)(H) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)) necessary to avoid
adverse economic effects in Guam and the Commonwealth.
(3) GAO report.--The Government Accountability Office shall
submit a report to the Congress not later than 2 years after
the date of enactment of this Act, to include, at a minimum,
the following items:
(A) An assessment of the implementation of this subtitle
and the amendments made by this subtitle, including an
assessment of the performance of Federal agencies and the
Government of the Commonwealth in meeting congressional
intent.
(B) An assessment of the short-term and long-term impacts
of implementation of this subtitle and the amendments made by
this subtitle on the economy of the Commonwealth, including
its ability to obtain workers to supplement its resident
workforce and to maintain access to its tourists and
customers, and any effect on compliance with United States
treaty obligations mandating non-refoulement for refugees.
(C) An assessment of the economic benefit of the investors
``grandfathered'' under subsection (c) of section 6 of the
Joint Resolution entitled ``A Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of
America', and for other purposes'', approved March 24, 1976
(Public Law 94-241), as added by subsection (a), and the
Commonwealth's ability to attract new investors after the
date of enactment of this Act.
(D) An assessment of the number of illegal aliens in the
Commonwealth, including any Federal and Commonwealth efforts
to locate and repatriate them.
(4) Reports by the local government.--The Governor of the
Commonwealth may submit an annual report to the President on
the implementation of this subtitle, and the amendments made
by this subtitle, with recommendations for future changes.
The President shall forward the Governor's report to the
Congress with any Administration comment after an appropriate
period of time for internal review, provided that nothing in
this paragraph shall be construed to require the President to
provide any legislative recommendation to the Congress.
(5) Report on federal personnel and resource
requirements.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security,
after consulting with the Secretary of the Interior and other
departments and agencies as may be deemed necessary, shall
submit a report to the Committee on Natural Resources, the
Committee on Homeland Security, and the Committee on the
Judiciary of the House of Representatives, and to the
Committee on Energy and Natural Resources, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate, on the current and planned
levels of Transportation Security Administration, United
States Customs and Border Protection, United States
Immigration and Customs Enforcement, United States
Citizenship and Immigration Services, and United States Coast
Guard personnel and resources necessary for fulfilling
mission requirements on Guam and the Commonwealth in a manner
comparable to the level provided at other similar ports of
entry in the United States. In fulfilling this reporting
requirement, the Secretary shall consider and anticipate the
increased requirements due to the proposed realignment of
military forces on Guam and in the Commonwealth and growth in
the tourism sector.
(i) Required Actions Prior to Transition Program Effective
Date.--During the period beginning on the date of enactment
of this Act and ending on the transition program effective
date described in section 6 of Public Law 94-241 (as added by
subsection (a)), the Government of the Commonwealth shall--
(1) not permit an increase in the total number of alien
workers who are present in the Commonwealth as of the date of
enactment of this Act; and
(2) administer its nonrefoulement protection program--
(A) according to the terms and procedures set forth in the
Memorandum of Agreement entered into between the Commonwealth
of the Northern Mariana Islands and the United States
Department of Interior, Office of Insular Affairs, executed
on September 12, 2003 (which terms and procedures, including
but not limited to funding by the Secretary of the Interior
and performance by the Secretary of Homeland Security of the
duties of ``Protection Consultant'' to the Commonwealth,
shall have effect on and after the date of enactment of this
Act), as well as CNMI Public Law 13-61 and the Immigration
Regulations Establishing a Procedural Mechanism for Persons
Requesting Protection from Refoulement; and
(B) so as not to remove or otherwise effect the involuntary
return of any alien whom the Protection Consultant has
determined to be eligible for protection from persecution or
torture.

[[Page S2915]]

(j) Conforming Amendments to the Immigration and
Nationality Act.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(1) in section 101(a)(15)(D)(ii), by inserting ``or the
Commonwealth of the Northern Mariana Islands'' after ``Guam''
each time such term appears;
(2) in section 101(a)(36), by striking ``and the Virgin
Islands of the United States'' and inserting ``the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands'';
(3) in section 101(a)(38), by striking ``and the Virgin
Islands of the United States'' and inserting ``the Virgin
Islands of the United States, and the Commonwealth of the
Northern Mariana Islands'';
(4) in section 208, by adding at the end the following:
``(e) Commonwealth of the Northern Mariana Islands.--The
provisions of this section and section 209(b) shall apply to
persons physically present in the Commonwealth of the
Northern Mariana Islands or arriving in the Commonwealth
(whether or not at a designated port of arrival and including
persons who are brought to the Commonwealth after having been
interdicted in international or United States waters) only on
or after January 1, 2014.''; and
(5) in section 235(b)(1), by adding at the end the
following:
``(G) Commonwealth of the northern mariana islands.--
Nothing in this subsection shall be construed to authorize or
require any person described in section 208(e) to be
permitted to apply for asylum under section 208 at any time
before January 1, 2014.''.
(k) Availability of Other Nonimmigrant Professionals.--The
requirements of section 212(m)(6)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a
facility in Guam, the Commonwealth of the Northern Mariana
Islands, or the Virgin Islands.

SEC. 703. FURTHER AMENDMENTS TO PUBLIC LAW 94-241.

Public Law 94-241, as amended, is further amended in
section 4(c)(3) by striking the colon after ``Marshall
Islands'' and inserting the following: ``, except that
$200,000 in fiscal year 2009 and $225,000 annually for fiscal
years 2010 through 2018 are hereby rescinded; Provided, That
the amount rescinded shall be increased by the same
percentage as that of the annual salary and benefit
adjustments for Members of Congress''.

SEC. 704. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 705. EFFECTIVE DATE.

(a) In General.--Except as specifically provided in this
section or otherwise in this subtitle, this subtitle and the
amendments made by this subtitle shall take effect on the
date of enactment of this Act.
(b) Amendments to the Immigration and Nationality Act.--The
amendments to the Immigration and Nationality Act made by
this subtitle, and other provisions of this subtitle applying
the immigration laws (as defined in section 101(a)(17) of
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to
the Commonwealth, shall take effect on the transition program
effective date described in section 6 of Public Law 94-241
(as added by section 702(a)), unless specifically provided
otherwise in this subtitle.
(c) Construction.--Nothing in this subtitle or the
amendments made by this subtitle shall be construed to make
any residence or presence in the Commonwealth before the
transition program effective date described in section 6 of
Public Law 94-241 (as added by section 702(a)) residence or
presence in the United States, except that, for the purpose
only of determining whether an alien lawfully admitted for
permanent residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) has
abandoned or lost such status by reason of absence from the
United States, such alien's presence in the Commonwealth
before, on, or after the date of enactment of this Act shall
be considered to be presence in the United States.

Subtitle B--Northern Mariana Islands Delegate

SEC. 711. DELEGATE TO HOUSE OF REPRESENTATIVES FROM
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

The Commonwealth of the Northern Mariana Islands shall be
represented in the United States Congress by the Resident
Representative to the United States authorized by section 901
of the Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union With the United States of
America (approved by Public Law 94-241 (48 U.S.C. 1801 et
seq.)). The Resident Representative shall be a nonvoting
Delegate to the House of Representatives, elected as provided
in this subtitle.

SEC. 712. ELECTION OF DELEGATE.

(a) Electors and Time of Election.--The Delegate shall be
elected--
(1) by the people qualified to vote for the popularly
elected officials of the Commonwealth of the Northern Mariana
Islands; and
(2) at the Federal general election of 2008 and at such
Federal general election every 2d year thereafter.
(b) Manner of Election.--
(1) In general.--The Delegate shall be elected at large and
by a plurality of the votes cast for the office of Delegate.
(2) Effect of establishment of primary elections.--
Notwithstanding paragraph (1), if the Government of the
Commonwealth of the Northern Mariana Islands, acting pursuant
to legislation enacted in accordance with the Constitution of
the Commonwealth of the Northern Mariana Islands, provides
for primary elections for the election of the Delegate, the
Delegate shall be elected by a majority of the votes cast in
any general election for the office of Delegate for which
such primary elections were held.
(c) Vacancy.--In case of a permanent vacancy in the office
of Delegate, the office of Delegate shall remain vacant until
a successor is elected and qualified.
(d) Commencement of Term.--The term of the Delegate shall
commence on the 3d day of January following the date of the
election.

SEC. 713. QUALIFICATIONS FOR OFFICE OF DELEGATE.

To be eligible for the office of Delegate a candidate
shall--
(1) be at least 25 years of age on the date of the
election;
(2) have been a citizen of the United States for at least 7
years prior to the date of the election;
(3) be a resident and domiciliary of the Commonwealth of
the Northern Mariana Islands for at least 7 years prior to
the date of the election;
(4) be qualified to vote in the Commonwealth of the
Northern Mariana Islands on the date of the election; and
(5) not be, on the date of the election, a candidate for
any other office.

SEC. 714. DETERMINATION OF ELECTION PROCEDURE.

Acting pursuant to legislation enacted in accordance with
the Constitution of the Commonwealth of the Northern Mariana
Islands, the Government of the Commonwealth of the Northern
Mariana Islands may determine the order of names on the
ballot for election of Delegate, the method by which a
special election to fill a permanent vacancy in the office of
Delegate shall be conducted, the method by which ties between
candidates for the office of Delegate shall be resolved, and
all other matters of local application pertaining to the
election and the office of Delegate not otherwise expressly
provided for in this subtitle.

SEC. 715. COMPENSATION, PRIVILEGES, AND IMMUNITIES.

Until the Rules of the House of Representatives are amended
to provide otherwise, the Delegate from the Commonwealth of
the Northern Mariana Islands shall receive the same
compensation, allowances, and benefits as a Member of the
House of Representatives, and shall be entitled to whatever
privileges and immunities are, or hereinafter may be, granted
to any other nonvoting Delegate to the House of
Representatives.

SEC. 716. LACK OF EFFECT ON COVENANT.

No provision of this subtitle shall be construed to alter,
amend, or abrogate any provision of the covenant referred to
in section 711 except section 901 of the covenant.

SEC. 717. DEFINITION.

For purposes of this subtitle, the term ``Delegate'' means
the Resident Representative referred to in section 711.

SEC. 718. CONFORMING AMENDMENTS REGARDING APPOINTMENTS TO
MILITARY SERVICE ACADEMIES BY DELEGATE FROM THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

(a) United States Military Academy.--Section 4342(a)(10) of
title 10, United States Code, is amended by striking
``resident representative'' and inserting ``Delegate in
Congress''.
(b) United States Naval Academy.--Section 6954(a)(10) of
such title is amended by striking ``resident representative''
and inserting ``Delegate in Congress''.
(c) United States Air Force Academy.--Section 9342(a)(10)
of such title is amended by striking ``resident
representative'' and inserting ``Delegate in Congress''.

TITLE VIII--COMPACTS OF FREE ASSOCIATION AMENDMENTS

SEC. 801. APPROVAL OF AGREEMENTS.

(a) In General.--Section 101 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921) is
amended--
(1) in the first sentence of subsection (a), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the
Government of the Federated States of Micronesia, as amended
under the Agreement to Amend Article X that was signed by
those two Governments on June 30, 2004, which shall serve as
the authority to implement the provisions thereof''; and
(2) in the first sentence of subsection (b), by inserting
before the period at the end the following: ``, including
Article X of the Federal Programs and Services Agreement
Between the Government of the United States and the
Government of the Republic of the Marshall Islands, as
amended under the Agreement to Amend Article X that was
signed by those two Governments on June 18, 2004, which shall
serve as the authority to implement the provisions thereof''.
(b) Effective Date.--The amendments made by this section
shall be effective as of the date that is 180 days after the
date of enactment of this Act.

SEC. 802. FUNDS TO FACILITATE FEDERAL ACTIVITIES.

Unobligated amounts appropriated before the date of
enactment of this Act pursuant to section 105(f)(1)(A)(ii) of
the Compact of Free Association Amendments Act of 2003 shall
be available to both the United States

[[Page S2916]]

Agency for International Development and the Federal
Emergency Management Agency to facilitate each agency's
activities under the Federal Programs and Services
Agreements.

SEC. 803. CONFORMING AMENDMENT.

(a) In General.--Section 105(f)(1)(A) of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(A)) is amended to read as follows:
``(A) Emergency and disaster assistance.--
``(i) In general.--Subject to clause (ii), section
221(a)(6) of the U.S.-FSM Compact and section 221(a)(5) of
the U.S.-RMI Compact shall each be construed and applied in
accordance with the two Agreements to Amend Article X of the
Federal Programs and Service Agreements signed on June 30,
2004, and on June 18, 2004, respectively, provided that all
activities carried out by the United States Agency for
International Development and the Federal Emergency
Management Agency under Article X of the Federal Programs and
Services Agreements may be carried out notwithstanding any
other provision of law. In the sections referred to in this
clause, the term `United States Agency for International
Development, Office of Foreign Disaster Assistance' shall be
construed to mean `the United States Agency for International
Development'.
``(ii) Definition of will provide funding.--In the second
sentence of paragraph 12 of each of the Agreements described
in clause (i), the term `will provide funding' means will
provide funding through a transfer of funds using Standard
Form 1151 or a similar document or through an interagency,
reimbursable agreement.''.
(b) Effective Date.--The amendments made by subsection (a)
shall be effective as of the date that is 180 days after the
date of enactment of this Act.

SEC. 804. CLARIFICATIONS REGARDING PALAU.

Section 105(f)(1)(B) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is
amended--
(1) in clause (ii)(II), by striking ``and its territories''
and inserting ``, its territories, and the Republic of
Palau'';
(2) in clause (iii)(II), by striking ``, or the Republic of
the Marshall Islands'' and inserting ``, the Republic of the
Marshall Islands, or the Republic of Palau''; and
(3) in clause (ix)--
(A) by striking ``Republic'' both places it appears and
inserting ``government, institutions, and people'';
(B) by striking ``2007'' and inserting ``2009''; and
(C) by striking ``was'' and inserting ``were''.

SEC. 805. AVAILABILITY OF LEGAL SERVICES.

Section 105(f)(1)(C) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(C)) is amended
by inserting before the period at the end the following: ``,
which shall also continue to be available to the citizens of
the Federated States of Micronesia, the Republic of Palau,
and the Republic of the Marshall Islands who legally reside
in the United States (including territories and
possessions)''.

SEC. 806. TECHNICAL AMENDMENTS.

(a) Title I.--
(1) Section 177 agreement.--Section 103(c)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921b(c)(1)) is amended by striking ``section 177'' and
inserting ``Section 177''.
(2) Interpretation and united states policy.--Section 104
of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c) is amended--
(A) in subsection (b)(1), by inserting ``the'' before
``U.S.-RMI Compact,'';
(B) in subsection (e)--
(i) in the matter preceding subparagraph (A) of paragraph
(8), by striking ``to include'' and inserting ``and
include'';
(ii) in paragraph (9)(A), by inserting a comma after
``may''; and
(iii) in paragraph (10), by striking ``related to service''
and inserting ``related to such services''; and
(C) in the first sentence of subsection (j), by inserting
``the'' before ``Interior''.
(3) Supplemental provisions.--Section 105(b)(1) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(b)(1)) is amended by striking ``Trust Fund'' and
inserting ``Trust Funds''.
(b) Title II.--
(1) U.S.-FSM compact.--The Compact of Free Association, as
amended, between the Government of the United States of
America and the Government of the Federated States of
Micronesia (as provided in section 201(a) of the Compact of
Free Association Amendments Act of 2003 (117 Stat. 2757)) is
amended--
(A) in section 174--
(i) in subsection (a), by striking ``courts'' and inserting
``court''; and
(ii) in subsection (b)(2), by striking ``the'' before
``November'';
(B) in section 177(a), by striking ``, or Palau'' and
inserting ``(or Palau)'';
(C) in section 179(b), by striking ``amended Compact'' and
inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection (a), by striking
``Compact, as Amended, of Free Association'' and inserting
``Compact of Free Association, as amended'';
(ii) in the fifth sentence of subsection (a), by striking
``Trust Fund Agreement,'' and inserting ``Agreement Between
the Government of the United States of America and the
Government of the Federated States of Micronesia Implementing
Section 215 and Section 216 of the Compact, as Amended,
Regarding a Trust Fund (Trust Fund Agreement),'';
(iii) in subsection (b)--

(I) in the first sentence, by striking ``Government of
the'' before ``Federated''; and
(II) in the second sentence, by striking ``Sections 321 and
323 of the Compact of Free Association, as Amended'' and
inserting ``Sections 211(b), 321, and 323 of the Compact of
Free Association, as amended,''; and

(iv) in the last sentence of subsection (d), by inserting
before the period at the end the following: ``and the Federal
Programs and Services Agreement referred to in section 231'';
(E) in the first sentence of section 215(b), by striking
``subsection(a)'' and inserting ``subsection (a)'';
(F) in section 221--
(i) in subsection (a)(6), by inserting ``(Federal Emergency
Management Agency)'' after ``Homeland Security''; and
(ii) in the first sentence of subsection (c), by striking
``agreements'' and inserting ``agreement'';
(G) in the second sentence of section 222, by inserting
``in'' after ``referred to'';
(H) in the second sentence of section 232, by striking
``sections 102 (c)'' and all that follows through ``January
14, 1986)'' and inserting ``section 102(b) of Public Law 108-
188, 117 Stat. 2726, December 17, 2003'';
(I) in the second sentence of section 252, by inserting ``,
as amended,'' after ``Compact'';
(J) in the first sentence of the first undesignated
paragraph of section 341, by striking ``Section 141'' and
inserting ``section 141'';
(K) in section 342--
(i) in subsection (a), by striking ``14 U.S.C. 195'' and
inserting ``section 195 of title 14, United States Code'';
and
(ii) in subsection (b)--

(I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting
``section 1303(b)(6) of the Merchant Marine Act, 1936 (46
U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';

(L) in the third sentence of section 354(a), by striking
``section 442 and 452'' and inserting ``sections 442 and
452'';
(M) in section 461(h), by striking ``Telecommunications''
and inserting ``Telecommunication'';
(N) in section 462(b)(4), by striking ``of Free
Association'' the second place it appears; and
(O) in section 463(b), by striking ``Articles IV'' and
inserting ``Article IV''.
(2) U.S.-RMI compact.--The Compact of Free Association, as
amended, between the Government of the United States of
America and the Government of the Republic of the Marshall
Islands (as provided in section 201(b) of the Compact of Free
Association Amendments Act of 2003 (117 Stat. 2795)) is
amended--
(A) in section 174(a), by striking ``court'' and inserting
``courts'';
(B) in section 177(a), by striking the comma before ``(or
Palau)'';
(C) in section 179(b), by striking ``amended Compact,'' and
inserting ``Compact, as amended,'';
(D) in section 211--
(i) in the fourth sentence of subsection (a), by striking
``Compact, as Amended, of Free Association'' and inserting
``Compact of Free Association, as amended'';
(ii) in the first sentence of subsection (b), by striking
``Agreement between the Government of the United States and
the Government of the Republic of the Marshall Islands
Regarding Miliary Use and Operating Rights'' and inserting
``Agreement Regarding the Military Use and Operating Rights
of the Government of the United States in the Republic of the
Marshall Islands concluded Pursuant to Sections 321 and 323
of the Compact of Free Association, as Amended (Agreement
between the Government of the United States and the
Government of the Republic of the Marshall Islands Regarding
Military Use and Operating Rights)''; and
(iii) in the last sentence of subsection (e), by inserting
before the period at the end the following: ``and the Federal
Programs and Services Agreement referred to in section 231'';
(E) in section 221(a)--
(i) in the matter preceding paragraph (1), by striking
``Section 231'' and inserting ``section 231''; and
(ii) in paragraph (5), by inserting ``(Federal Emergency
Management Agency)'' after ``Homeland Security'';
(F) in the second sentence of section 232, by striking
``sections 103(m)'' and all that follows through ``(January
14, 1986)'' and inserting ``section 103(k) of Public Law 108-
188, 117 Stat. 2734, December 17, 2003'';
(G) in the first sentence of section 341, by striking
``Section 141'' and inserting ``section 141'';
(H) in section 342--
(i) in subsection (a), by striking ``14 U.S.C. 195'' and
inserting ``section 195 of title 14, United States Code'';
and
(ii) in subsection (b)--

(I) by striking ``46 U.S.C. 1295(b)(6)'' and inserting
``section 1303(b)(6) of the Merchant Marine Act, 1936 (46
U.S.C. 1295b(b)(6))''; and
(II) by striking ``46 U.S.C. 1295b(b)(6)(C)'' and inserting
``section 1303(b)(6)(C) of that Act'';

(I) in the third sentence of section 354(a), by striking
``section 442 and 452'' and inserting ``sections 442 and
452'';

[[Page S2917]]

(J) in the first sentence of section 443, by inserting ``,
as amended.'' after ``the Compact'';
(K) in the matter preceding paragraph (1) of section
461(h)--
(i) by striking ``1978'' and inserting ``1998''; and
(ii) by striking ``Telecommunications'' and inserting
``Telecommunication Union''; and
(L) in section 463(b), by striking ``Article'' and
inserting ``Articles''.

SEC. 807. TRANSMISSION OF VIDEOTAPE PROGRAMMING.

Section 111(e)(2) of title 17, United States Code, is
amended by striking ``or the Trust Territory of the Pacific
Islands'' and inserting ``the Federated States of Micronesia,
the Republic of Palau, or the Republic of the Marshall
Islands''.

SEC. 808. PALAU ROAD MAINTENANCE.

The Government of the Republic of Palau may deposit the
payment otherwise payable to the Government of the United
States under section 111 of Public Law 101-219 (48 U.S.C.
1960) into a trust fund if--
(1) the earnings of the trust fund are expended solely for
maintenance of the road system constructed pursuant to
section 212 of the Compact of Free Association between the
Government of the United States of America and the Government
of Palau (48 U.S.C. 1931 note); and
(2) the trust fund is established and operated pursuant to
an agreement entered into between the Government of the
United States and the Government of the Republic of Palau.

SEC. 809. CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS.

In the U.S.-RMI Compact, the U.S.-FSM Compact, and their
respective trust fund subsidiary agreements, for the purposes
of taxation by the United States or its subsidiary
jurisdictions, the term ``State'' means ``State, territory,
or the District of Columbia''.

SEC. 810. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN
RECIPIENTS.

(a) Transfers by Grant.--The President is authorized to
transfer vessels to foreign countries on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j), as follows:
(1) Turkey.--To the Government of Turkey--
(A) the OLIVER HAZARD PERRY class guided missile frigates
GEORGE PHILIP (FFG-12) and SIDES (FFG-14); and
(B) the OSPREY class minehunter coastal ship BLACKHAWK
(MHC-58).
(2) Lithuania.--To the Government of Lithuania, the OSPREY
class minehunter coastal ships CORMORANT (MHC-57) and
KINGFISHER (MHC-56).
(b) Transfers by Sale.--The President is authorized to
transfer vessels to foreign recipients on a sale basis under
section 21 of the Arms Export Control Act (22 U.S.C. 2761),
as follows:
(1) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is the
Taiwan instrumentality designated pursuant to section 10(a)
of the Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY
class minehunter coastal ships ORIOLE (MHC-55) and FALCON
(MHC-59).
(2) Turkey.--To the Government of Turkey, the OSPREY class
minehunter coastal ship SHRIKE (MHC-62).
(c) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred
to a recipient on a grant basis pursuant to authority
provided by subsection (a) shall not be counted against the
aggregate value of excess defense articles transferred in any
fiscal year under section 516(g) of the Foreign Assistance
Act of 1961.
(d) Costs of Transfers.--Any expense incurred by the United
States in connection with a transfer authorized by this
section shall be charged to the recipient.
(e) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under
this section, that the recipient to which the vessel is
transferred have such repair or refurbishment of the vessel
as is needed before the vessel joins the naval forces of the
recipient performed at a shipyard located in the United
States, including a United States Navy shipyard.
(f) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the 2-
year period beginning on the date of enactment of this Act.
Mr. BINGAMAN. I move to reconsider the vote, and I move to lay that
motion on the table.
The motion to lay on the table was agreed to.
Mr. BINGAMAN. Madam President, I know the Senator from Washington,
Mrs. Murray, is waiting to speak, and I will not take much time except
to say Senator Domenici and I obviously had tremendously good help from
our staffs. They worked long and hard to put this legislation together
and get it into a form where it could be considered by the Senate.
We will seek time later this afternoon to elaborate as to the
individual members of our staffs who participated and to thank them for
their good work.
I will yield the floor and allow Senator Murray and Senator Cantwell
to speak as provided in the unanimous consent agreement.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Mrs. MURRAY. Madam President, I thank my colleague from New Mexico
for his tremendous work. I rise to thank all of my colleagues for
supporting the public lands and natural resources package that was just
passed by the Senate.
I, like many of my colleagues, have a vested interest in this bill.
It contains my Wild Sky Wilderness Act which will designate over
100,000 acres as wilderness. This proposal is the result of almost 9
years of work by myself and Congressman Larsen of my home State. It has
the support of the vast majority of the communities around the area, as
well as outdoor enthusiasts, area businesses, and literally thousands
of Washington State residents.
Congressman Larsen and I began working on Wild Sky back in 1999
because we were troubled by the rapid growth in Seattle and surrounding
areas. We are so fortunate in our State to have unique and beautiful
natural landscapes from the peaks of the Cascade Mountains, the
northwest rain forest, the Olympic Peninsula to the mighty Columbia
River. But many of our special lands could be jeopardized if we do not
take action to preserve them now.
The Wild Sky Wilderness area will ensure that 106,000 acres of
rolling hills, rushing rivers, and low-elevation forest in Washington
State's Mount Baker-Snoqualmie National Forest are going to be
preserved for generations to come.
I am immensely proud of this legislation. The Wild Sky Wilderness
area is just 90 minutes away from downtown Seattle. It will give more
than 2.4 million from Snohomish, King, and Skagit Counties easy access
to hike and camp in a distinctive northwest landscape, it will preserve
unique low elevation ecosystems, and it is going to give the
surrounding towns a great economic boost by increasing the number of
visitors.
I am especially proud because so many people in Washington State are
so excited about this wilderness proposal. Newspapers have endorsed it
in more than 50 editorials, and more than 200 newspaper articles, op-
eds, and letters to the editor have raved about it.
This is the fourth time the Senate has considered this bill. Wild Sky
in the past has passed the Senate unanimously three times because we
saw the value of this wilderness proposal and recognized that this bill
is something my State supports.
Last year, for the first time, Wild Sky passed the House, and now
passing the Senate, we are so close to making this truly a reality.
With that in mind, I want to take a few minutes to share with my
colleagues what they just did. I want them to see some of the benefits
this bill offers my home State of Washington and why people in my State
are so eager to create the Wild Sky Wilderness.
Since the days when Native people and early settlers harvested salmon
and timber from our streams and forests, people who live in Washington
State have recognized the importance of our natural heritage. We have a
great tradition in my State of respecting and enjoying the natural
beauty that surrounds us.
Washington State is home to tremendously natural resources, and we
have a proud history of embracing our national parks and our forests.
The Wild Sky area is already being enjoyed by many of our citizens who
hike or hunt or raft or camp there. And since we proposed designating
it as wilderness, literally thousands of people have written
Congressman Larsen and me to share their support. Many of those writers
told personal stories about their experiences in the Wild Sky area.
Mike Town is a high school science teacher from Duvall, WA. He
described introducing his students to a wild salmon spawning site near
the Wild Sky Wilderness. Because that river's headwaters are in the
proposed wilderness area, the water is still so pristine there that
salmon are able to thrive, and today it is the one of the few places
left in the Cascades where spawning salmon are still so numerous you
could actually walk across the river on their backs.

[[Page S2918]]

Mike called that river one of the greatest spectacles in nature, and
he said to me:

I cherish the belief that with federal protection for this
area, my teenage students will have the ability to share the
experience of spawning wild salmon with their grandchildren.

So the first reason we are so excited about Wild Sky is because it
reflects the values of the people of Washington State.
But another reason this bill has so much support is because we worked
hard to accommodate the needs of the users of this area. Very early on
in the process, we reached out to all the local stakeholders to gauge
their interest and ask if they had any concerns, and we were able to
work with them and address many of the issues they raised.
We worked with Longview Fibre, a paper company that had some land in
the proposed boundary. As a result, we were able to draw out certain
areas and prioritize others that the company was willing to sell.
We heard from local and State snowmobile groups concerned that the
boundaries of our original proposal would shut out important riding
areas. So we took out a vast majority of those areas.
We ensured that float planes still have access to Lake Isabel.
We worked with the Forest Service and excluded heavily used areas
around Barclay Lake and the only two areas where timber sales were
being considered.
We made sure that Snohomish County and the Forest Service were
comfortable with the emergency communication capability in and around
the wilderness area.
And last winter, massive floods altered the path of the Skykomish
River and displaced and destroyed parts of that road that provides
access through our proposed wilderness area. So Congressman Larsen and
I got back together and brought together Snohomish County, the Forest
Service, and local advocates to responsibly adjust the boundaries of
this wilderness to make sure the road could be rebuilt and remain open
for future use.
Thanks to all of this work, we have the support now of many of the
locally elected officials and most of the surrounding towns and
counties. Local conservation, hunting, and fishing groups back this
bill. The Seaplane Pilots Association and many local businesses endorse
it, and the Under Secretary of Natural Resources for the Forest
Service, Mark Rey, said the President will sign this bill.
Even though many people in Washington State understand and appreciate
the value of wilderness, this bill has a lot of support because we were
also willing to work with the diverse groups of people who have an
interest in how this land is used. This truly was a public process.
Although we, of course, could not meet every single need, we have
made every effort to accommodate everyone who engaged in this process,
and thanks to this effort, this bill is an example of wilderness done
the right way.
I wish to talk about the benefits of Wild Sky because I am so excited
about what it offers people who live in my State and those who visit.
Several years ago, I took a trip through the area where the Wild Sky
Wilderness would be. It is very hard to put into words how beautiful
this stunning, amazing area is that is 90 minutes from downtown
Seattle.
A significant part of this wilderness is seemingly endless expanses
of meadows. Rolling mountains can be seen that are covered with stands
of huge old moss-covered trees, and some of those trees are over 100
years old. From the ridges, you have incredible views of the western
slopes of the Cascade Mountains.

This area is so unique. And one of the things that makes it unique is
its relatively low elevation. About one-third of Wild Sky is below
3,000 feet. So the Wild Sky Wilderness area is going to bring new
ecological systems into our wilderness lands that are underrepresented
right now.
Wild Sky links our forests and meadows and steep craggy peaks, as you
can see, and it is going to create a protected habitat corridor for all
the wildlife living in this area. We have wolves and mountain goats,
black and grizzly bears, and deer and trout.
Salmon spawning grounds teeming with fish--just like the one my
town's science teacher showed his students--used to be very common, but
today many of those species are struggling to survive. So at a time
when we are asking private landowners to assist in recovering wild fish
runs, I believe the Federal Government ought to do everything it can on
its own land to help protect and restore that wildlife habitat.
Secondly, Madam President, the Wild Sky Wilderness is going to offer
us great new recreational opportunities for people in a growing region.
Wild Sky is unusually accessible because of its low elevation, and it
is near an urban area. So families looking for a quick and easy access
to nature are going to be able to enjoy this very pristine land.
Climbers and hikers, hunters and anglers have already sent us letters
and e-mails talking about the opportunities that Wild Sky offers.
Mark Heckert, who is a fish and wildlife biologist from Puyallup,
wrote to me that he has taken his two sons to camp and hunt and fish in
this area. He wrote me about how much he values the outdoors and said
he hopes to secure the Wild Sky Wilderness for his children to enjoy.
He said to me:

Wild landscapes like those provided in the Wild Sky provide
the stage for a generational right of passage where young
boys and girls can discover their connection to our land.

Creating this Wild Sky Wilderness is going to ensure that Mark and
his sons can return to Wild Sky in the years to come.
Finally, Madam President, hikers, climbers, rafters, hunters, and
anglers who visit us in the Puget Sound area--and I invite everyone who
is listening to come and enjoy Wild Sky--will spend their money as they
travel through this area. Recreational enthusiasts will see Wild Sky in
the future listed on maps and guide books as a special destination, and
those tourists will come and stay in our hotels and our campgrounds and
eat in our restaurants and use local guides and outfitters.
In recent years, the outdoor recreation business appears to have
stayed healthy, even during bad economic times, and Wild Sky is going
to help contribute to that in the future. And, again, I invite all who
are listening to come and enjoy this beautiful place that you saw get
voted on here in the Senate this afternoon.
Madam President, those are just a few of the benefits of this Wild
Sky Wilderness. We have done a lot of hard work on this bill in the
last 8 years, and we couldn't have done it without the help of a lot of
people. So let me take the last few minutes and thank all of the people
across my State and here in the Senate who have worked so hard to get
this bill done.
I thank Chairman Bingaman and his great staff, especially Bob Simon
and David Brooks, for their help and their unwavering support of Wild
Sky throughout all the years.
I thank Senator Domenici, who is leaving us this year to retire.
Without him and his hard work on this bill, we wouldn't be here today.
I thank Senators Crapo and Murkowski for all they did over the past
weeks and months to move this package forward. I couldn't have gotten
here--we couldn't have gotten here--without their hard work.
I thank many of my staff members, especially Doug Clapp, who helped
me originally develop this bill many years ago; Jaime Shimek, Evan
Schatz, and Mike Spahn. I can't even begin to say all the names of my
staff members who over the years have worked with us as we have
developed this bill and gotten it over the finish line. I thank all of
them.
I recognize the hard work and support of Congressman Larsen and his
staff, Senator Cantwell and her staff. She is on the Senate floor this
afternoon as well and serves on the committee. I could not have done it
without her help and support. I know she has climbed into the Wild Sky
and seen it as well as I have and is as excited as I am to be out there
to see this completed.
I thank Under Secretary Mark Rey of the administration, who supported
this bill for many years.
But above all, Madam President, I thank the people of my home State
of Washington who have worked tirelessly to bring this idea from a
proposal on a

[[Page S2919]]

piece of paper 9 years ago to legislation that was passed in the Senate
this afternoon.
I am going to be back when the President signs this bill into law and
thank a broader list of people who have been so essential, but as I
finish this afternoon I want to note the work of Tom Uniack and Mike
Town, and I thank them personally for all their work. They have been so
willing to listen and to answer questions and to give tours of the Wild
Sky country and have worked with us every step of the way.
Tom and Mike, thank you. All your hard work has paid off, and we now
have passed in the Senate a very popular bill.
Wild Sky is going to help my State take a great step forward in
protecting our environment. It is going to enhance our economy, it is
going to improve our recreational opportunities, and I can tell you,
people from my State are eager to get this bill through the House
quickly and on to the President's desk to be signed.
We took a major step forward toward this goal today, and, again, I
invite all of you who are listening to come to the State of Washington
and visit Wild Sky.
I thank the Chair.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Ms. CANTWELL. Madam President, I rise to speak a few minutes about
the public lands bill we just voted out of the Senate with a pretty
resounding majority of Members.
Within that public lands bill we just voted on is the only wilderness
designation, the one my colleague from Washington just described--the
Wild Sky Wilderness area. And I am here to not only congratulate her on
this important legislation but to also speak because so much was said
prior to the vote about why we would have such legislation on the
Senate floor, and about the issue of Federal lands in individual
States.
I think my colleague from Washington just articulated exactly why
such an important piece of legislation is needed, the fact that it is
the designation of a wilderness area that she has been trying to get
ever since I have been in the Senate. In fact, she mentioned 9 years
she has been working on that legislation. Since at least 2001, I have
seen this legislation in various forms move through either the House or
the Senate. I am sure her enthusiasm today is about the prospect of the
Senate and the House, under Democratic control, actually getting this
legislation passed.
But let me make a couple of points because my colleague, Senator
Murray, brought up this issue, the specifics of Wild Sky's designation.
It is a beautiful place. I have had the opportunity to hike there and
to see the beauty firsthand. But people don't understand the
designation of these Federal lands. I will say right now that I know
how much Federal land is in Washington State. We have 12.2 million
acres out of over 42 million acres. That is 29 percent of our State. I
understand other States may not like that kind of designation, but for
us in Washington State it has been part of our lifestyle and part of
what we want to preserve.
In fact, Mount Rainier, one of our most visited special places, over
1 million people visit it on an annual basis. And a little company some
people may have heard of, REI, based in Seattle, has outdoor
recreational gear and does about $1 million worth of business annually.
So there are people who very much believe in the outdoors.
I am sure the Presiding Officer knows very well that the beauty of
special places is worth preserving, and it is a great boon to our
economy.
Senator Murray did an unbelievable job in shepherding this
legislation through the Senate and working with her colleague in the
House, Congressman Larsen, now for 7 years. There were many times in
which she could have gotten detoured by various Members. Actually, this
has passed three times in the Senate on the consent calendar but has
been either delayed in the House or a Member held it up, and really
held up an opportunity for many people to enjoy what our State has, in
a very bipartisan way, been supporting.
In Washington State, many people are conservationists. Before they
are Republicans or Democrats or Independents, they are conservationists
first. Senator Murray has had to persevere with this legislation
through various individual Members holding it up. So I say a special
thanks to her. And I know if Scoop Jackson were alive, Scoop Jackson
would be here to also congratulate her, as someone who did the original
wilderness designation. She would be very honored to know that someone
such as Scoop, in writing this original legislation, had the issues of
Wild Sky very much in mind.
Madam President, how much time do I have?
The PRESIDING OFFICER. The Senator has spoken for 3 minutes.
Ms. CANTWELL. Madam President, I ask unanimous consent for an
additional 1 minute.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. CANTWELL. Madam President, I want to also mention another piece
of the underlying legislation because, again, some people have
questioned, why do a public lands bill of this nature. Another piece of
this legislation that I have worked on with my colleague, Congressman
Inslee of Bainbridge Island in our State, is to preserve an area known
as the Eagledale Ferry Dock site on Bainbridge Island as a unit of the
national monument designation under our national park system.
People may say, well, why designate this particular area? During
World War II, over 120,000 Japanese Americans were forced into
internment camps, and the first place from which they were forced to
leave and to go to the internment camps was from this site on
Bainbridge Island in Washington State. On March 30, 1942, 227 residents
of Bainbridge Island were asked to report to this ferry dock site and
were taken to internment camps in Minidoka, ID, and Tule Lake in
northern California.
So this is what this lands bill is about. It is about protecting
wilderness and making designations of sites that should be remembered.
So I am very proud we got this bill off the floor, and I hope we will
see immediate action by the House.
I thank the Chair.

____________________