An act to authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist certain local school districts in the State of California in providing educational services for students attending schools located within Yosemite National Park, to authorize the Secretary of the Interior to adjust the boundaries of the Golden Gate National Recreation Area, and for other purposes.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 620 Engrossed Amendment Senate (EAS)]

In the Senate of the United States,

December 7, 2004.
Resolved, That the bill from the House of Representatives (H.R.
620) entitled ``An Act to authorize the Secretary of the Interior to
provide supplemental funding and other services that are necessary to
assist the State of California or local educational agencies in
California in providing educational services for students attending
schools located within the Park. '', do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS.

SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES.

(a) In General.--(1) For fiscal years 2005 through 2008, the
Secretary of the Interior may provide funds to the Bass Lake Joint
Union Elementary School District and the Mariposa Unified School
District in the State of California for educational services to
students--
(A) who are dependents of persons engaged in the
administration, operation, and maintenance of Yosemite National
Park; or
(B) who live within or near the park upon real property
owned by the United States.
(2) The Secretary's authority to make payments under this section
shall terminate if the State of California or local education agencies
do not continue to provide funding to the schools referred to in
subsection (a) at per student levels that are no less than the amount
provided in fiscal year 2004.
(b) Limitation on Use of Funds.--Payments made under this section
shall only be used to pay public employees for educational services
provided in accordance with subsection (a). Payments may not be used
for construction, construction contracts, or major capital
improvements.
(c) Limitation on Amount of Funds.--Payments made under this
section shall not exceed the lesser of--
(1) $400,000 in any fiscal year; or
(2) the amount necessary to provide students described in
subsection (a) with educational services that are normally
provided and generally available to students who attend public
schools elsewhere in the State of California.
(d) Source of Payments.--(1) Except as otherwise provided in this
subsection, the Secretary may use funds available to the National Park
Service from appropriations, donations, or fees.
(2) Funds from the following sources shall not be used to make
payments under this section:
(A) Any law authorizing the collection or expenditure of
entrance or use fees at units of the National Park System,
including the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.); the recreational fee demonstration
program established under section 315 of the Department of the
Interior and Related Agencies Appropriations Act, 1996 (16
U.S.C. 460l-6a note); and the National Park Passport Program
established under section 602 of the National Parks Omnibus
Management Act of 1998 (16 U.S.C. 5992).
(B) Emergency appropriations for flood recovery at Yosemite
National Park.
(3)(A) The Secretary may use an authorized funding source to make
payments under this section only if the funding available to Yosemite
National Park from such source (after subtracting any payments to the
school districts authorized under this section) is greater than or
equal to the amount made available to the park for the prior fiscal
year, or in fiscal year 2004, whichever is greater.
(B) It is the sense of Congress that any payments made under this
section should not result in a reduction of funds to Yosemite National
Park from any specific funding source, and that with respect to
appropriated funds, funding levels should reflect annual increases in
the park's operating base funds that are generally made to units of the
National Park System.

SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE
BOUNDARIES OF YOSEMITE NATIONAL PARK.

(a) Funding Authority for Transportation Systems and External
Facilities.--Section 814(c) of the Omnibus Parks and Public Lands
Management Act of 1996 (16 U.S.C. 346e) is amended--
(1) in the heading by inserting ``and Yosemite National
Park'' after ``Zion National Park'';
(2) in the first sentence--
(A) by inserting ``and Yosemite National Park''
after ``Zion National Park''; and
(B) by inserting ``for transportation systems or''
after ``appropriated funds''; and
(3) in the second sentence by striking ``facilities'' and
inserting ``systems or facilities''.
(b) Clarifying Amendment for Transportation Fee Authority.--Section
501 of the National Parks Omnibus Management Act of 1998 (16 U.S.C.
5981) is amended in the first sentence by striking ``service contract''
and inserting ``service contract, cooperative agreement, or other
contractual arrangement''.

TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA
BOUNDARY ADJUSTMENT

SEC. 201. SHORT TITLE.

This title may be cited as the ``Rancho Corral de Tierra Golden
Gate National Recreation Area Boundary Adjustment Act''.

SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA.

(a) Boundary Adjustment.--Section 2(a) of Public Law 92-589 (16
U.S.C. 460bb-1(a)) is amended--
(1) by striking ``The recreation area shall comprise'' and
inserting the following:
``(1) Initial lands.--The recreation area shall comprise'';
and
(2) by striking ``The following additional lands are also''
and all that follows through the period at the end of the
subsection and inserting the following new paragraphs:
``(2) Additional lands.--In addition to the lands described
in paragraph (1), the recreation area shall include the
following:
``(A) The parcels numbered by the Assessor of Marin
County, California, 119-040-04, 119-040-05, 119-040-18,
166-202-03, 166-010-06, 166-010-07, 166-010-24, 166-
010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03,
119-240-51, 119-240-52, 119-240-54, 166-010-12, 166-
010-13, and 119-235-10.
``(B) Lands and waters in San Mateo County
generally depicted on the map entitled `Sweeney Ridge
Addition, Golden Gate National Recreation Area',
numbered NRA GG-80,000-A, and dated May 1980.
``(C) Lands acquired under the Golden Gate National
Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1
note; Public Law 102-299).
``(D) Lands generally depicted on the map entitled
`Additions to Golden Gate National Recreation Area',
numbered NPS-80-076, and dated July 2000/PWR-PLRPC.
``(E) Lands generally depicted on the map entitled
`Rancho Corral de Tierra Additions to the Golden Gate
National Recreation Area', numbered NPS-80,079E, and
dated March 2004.
``(3) Acquisition limitation.--The Secretary may acquire
land described in paragraph (2)(E) only from a willing
seller.''.
(b) Advisory Commission.--Section 5 of Public Law 92-589 (16 U.S.C.
460bb-4) is amended--
(1) by striking subsection (b) and inserting the following
new subsection:
``(b) Membership.--The Commission shall be composed of 18 members
appointed by the Secretary for terms of five years each. In appointing
such members, the Secretary shall ensure that the interests of local,
historic recreational users of the recreation area are represented.'';
and
(2) in subsection (g), by striking ``cease to exist thirty
years after the enactment of this Act'' and inserting
``terminate on December 31, 2014''.

SEC. 203. MANZANAR NATIONAL HISTORIC SITE ADVISORY COMMISSION.

Section 105(h) of Public Law 102-248 (16 U.S.C. 461 note) is
amended by striking ``10 years after the date of enactment of this
title'' and inserting ``on December 31, 2013''.

TITLE III--OJITO WILDERNESS

SEC. 301. SHORT TITLE.

This title may be cited as the ``Ojito Wilderness Act''.

SEC. 302. DEFINITIONS.

In this title:
(1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Map.--The term ``map'' means the map entitled ``Ojito
Wilderness Act'' and dated October 1, 2004.
(5) Wilderness.--The term ``Wilderness'' means the Ojito
Wilderness designated under section 303(a).

SEC. 303. DESIGNATION OF THE OJITO WILDERNESS.

(a) In General.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness,
and, therefore, as a component of the National Wilderness Preservation
System, certain land in the Albuquerque District-Bureau of Land
Management, New Mexico, which comprise approximately 11,183 acres, as
generally depicted on the map, and which shall be known as the ``Ojito
Wilderness''.
(b) Map and Legal Description.--The map and a legal description of
the Wilderness shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
title, except that the Secretary may correct clerical and
typographical errors in the legal description and map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing rights,
the Wilderness shall be managed by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and this title, except that,
with respect to the Wilderness, 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 the enactment of this Act.
(d) Management of Newly Acquired Land.--If acquired by the United
States, the following land shall become part of the Wilderness and
shall be managed in accordance with this title and other laws
applicable to the Wilderness:
(1) Section 12 of township 15 north, range 01 west, New
Mexico Principal Meridian.
(2) Any land within the boundaries of the Wilderness.
(e) Management of Lands to Be Added.--The lands generally depicted
on the map as ``Lands to be Added'' shall become part of the Wilderness
if the United States acquires, or alternative adequate access is
available to, section 12 of township 15 north, range 01 west.
(f) Release.--The Congress hereby finds and directs that the lands
generally depicted on the map as ``Lands to be Released'' have been
adequately studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782)
and no longer are subject to the requirement of section 603(c) of such
Act (43 U.S.C. 1782(c)) pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness.
(g) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of the enactment of this Act, shall be
administered in accordance with the provisions of section 4(d)(4) of
the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth
in Appendix A of the Report of the Committee on Interior and Insular
Affairs to accompany H.R. 2570 of the One Hundred First Congress (H.
Rept. 101-405).
(h) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be
construed as affecting the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State.
(i) Water Rights.--
(1) Findings.--Congress finds that--
(A) the land designated as Wilderness by this title
is arid in nature and is generally not suitable for use
or development of new water resource facilities; and
(B) because of the unique nature and hydrology of
the desert land designated as wilderness by this title,
it is possible to provide for proper management and
protection of the wilderness and other values of lands
in ways different from those used in other legislation.
(2) Statutory construction.--Nothing in this title--
(A) shall constitute or be construed to constitute
either an express or implied reservation by the United
States of any water or water rights with respect to the
land designated as wilderness by this title;
(B) shall affect any water rights in the State
existing on the date of the enactment of this Act,
including any water rights held by the United States;
(C) shall be construed as establishing a precedent
with regard to any future wilderness designations;
(D) shall affect the interpretation of, or any
designation made pursuant to, any other Act; or
(E) shall be construed as limiting, altering,
modifying, or amending any of the interstate compacts
or equitable apportionment decrees that apportion water
among and between the State and other States.
(3) New mexico water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State
in order to obtain and hold any water rights not in existence
on the date of enactment of this Act with respect to the
wilderness areas designated by this title.
(4) New projects.--
(A) Water resource facility.--As used in this
subsection, the term ``water resource facility''--
(i) means irrigation and pumping
facilities, reservoirs, water conservation
works, aqueducts, canals, ditches, pipelines,
wells, hydropower projects, and transmission
and other ancillary facilities, and other water
diversion, storage, and carriage structures;
and
(ii) does not include wildlife guzzlers.
(B) Restriction on new water resource facilities.--
Except as otherwise provided in this Act, on and after
the date of the enactment of this Act, neither the
President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or
issue a license or permit for the development of any
new water resource facility within the wilderness area
designated by this title.
(j) Withdrawal.--Subject to valid existing rights, the Wilderness,
the lands to be added under subsection (e), and lands identified on the
map as the ``BLM Lands Authorized to be Acquired by the Pueblo of Zia''
are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(k) Exchange.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall seek to complete an exchange
for State land within the boundaries of the Wilderness.

SEC. 304. LAND HELD IN TRUST.

(a) In General.--Subject to valid existing rights and the
conditions under subsection (d), all right, title, and interest of the
United States in and to the lands (including improvements,
appurtenances, and mineral rights to the lands) generally depicted on
the map as ``BLM Lands Authorized to be Acquired by the Pueblo of Zia''
shall, on receipt of consideration under subsection (c) and adoption
and approval of regulations under subsection (d), be declared by the
Secretary to be held in trust by the United States for the Pueblo and
shall be part of the Pueblo's Reservation.
(b) Description of Lands.--The boundary of the lands authorized by
this section for acquisition by the Pueblo where generally depicted on
the map as immediately adjacent to CR906, CR923, and Cucho Arroyo Road
shall be 100 feet from the center line of the road.
(c) Consideration.--
(1) In general.--In consideration for the conveyance
authorized under subsection (a), the Pueblo shall pay to the
Secretary the amount that is equal to the fair market value of
the land conveyed, as subject to the terms and conditions in
subsection (d), as determined by an independent appraisal.
(2) Appraisal.--To determine the fair market value, the
Secretary shall conduct an appraisal paid for by the Pueblo
that is performed in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform
Standards of Professional Appraisal Practice.
(3) Availability.--Any amounts paid under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition from
willing sellers of land or interests in land in the State.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), the declaration
of trust and conveyance under subsection (a) shall be subject
to the continuing right of the public to access the land for
recreational, scenic, scientific, educational, paleontological,
and conservation uses, subject to any regulations for land
management and the preservation, protection, and enjoyment of
the natural characteristics of the land that are adopted by the
Pueblo and approved by the Secretary; Provided that the
Secretary shall ensure that the rights provided for in this
paragraph are protected and that a process for resolving any
complaints by an aggrieved party is established.
(2) Conditions.--Except as provided in subsection (f)--
(A) In general.--The land conveyed under subsection
(a) shall be maintained as open space, and the natural
characteristics of the land shall be preserved in
perpetuity.
(B) Prohibited uses.--The use of motorized vehicles
(except on existing roads or as is necessary for the
maintenance and repair of facilities used in connection
with grazing operations), mineral extraction, housing,
gaming, and other commercial enterprises shall be
prohibited within the boundaries of the land conveyed
under subsection (a).
(e) Rights of Way.--
(1) Existing rights of way.--Nothing in this section shall
affect--
(A) any validly issued right-of-way, or the renewal
thereof; or
(B) the access for customary construction,
operation, maintenance, repair, and replacement
activities in any right-of-way issued, granted, or
permitted by the Secretary.
(2) New rights of way and renewals.--
(A) In general.--The Pueblo shall grant any
reasonable requests for rights-of-way for utilities and
pipelines over land acquired under subsection (a) that
is designated as the Rights-of-Way corridor #1 as
established in the Rio Puerco Resource Management Plan
in effect on the date of the grant.
(B) Administration.--Any right-of-way issued or
renewed after the date of the enactment of this Act
over land authorized to be conveyed by this section
shall be administered in accordance with the rules,
regulations, and fee payment schedules of the
Department of the Interior, including the Rio Puerco
Resources Management Plan in effect on the date of
issuance or renewal of the right-of-way.
(f) Judicial Relief.--
(1) In general.--To enforce subsection (d), any person may
bring a civil action in the United States District Court for
the District of New Mexico seeking declaratory or injunctive
relief.
(2) Sovereign immunity.--The Pueblo shall not assert
sovereign immunity as a defense or bar to a civil action
brought under paragraph (1).
(3) Effect.--Nothing in this section--
(A) authorizes a civil action against the Pueblo
for money damages, costs, or attorneys fees; or
(B) except as provided in paragraph (2), abrogates
the sovereign immunity of the Pueblo.

TITLE IV--WIND CAVE NATIONAL PARK BOUNDARY REVISION

SEC. 401. SHORT TITLE.

This title may be cited as the ``Wind Cave National Park Boundary
Revision Act of 2004''.

SEC. 402. DEFINITIONS.

In this title:
(1) Map.--The term ``map'' means the map entitled ``Wind
Cave National Park Boundary Revision'', numbered 108/80,030,
and dated June 2002.
(2) Park.--The term ``Park'' means the Wind Cave National
Park in the State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of South
Dakota.

SEC. 403. LAND ACQUISITION.

(a) Authority.--
(1) In general.--The Secretary may acquire the land or
interest in land described in subsection (b)(1) for addition to
the Park.
(2) Means.--An acquisition of land under paragraph (1) may
be made by donation, purchase from a willing seller with
donated or appropriated funds, or exchange.
(b) Boundary.--
(1) Map and acreage.--The land referred to in subsection
(a)(1) shall consist of approximately 5,675 acres, as generally
depicted on the map.
(2) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(3) Revision.--The boundary of the Park shall be adjusted
to reflect the acquisition of land under subsection (a)(1).

SEC. 404. ADMINISTRATION.

(a) In General.--The Secretary shall administer any land acquired
under section 403(a)(1) as part of the Park in accordance with laws
(including regulations) applicable to the Park.
(b) Transfer of Administrative Jurisdiction.--
(1) In general.--The Secretary shall transfer from the
Director of the Bureau of Land Management to the Director of
the National Park Service administrative jurisdiction over the
land described in paragraph (2).
(2) Map and acreage.--The land referred to in paragraph (1)
consists of the approximately 80 acres of land identified on
the map as ``Bureau of Land Management land''.

SEC. 405. GRAZING.

(a) Grazing Permitted.--Subject to any permits or leases in
existence as of the date of acquisition, the Secretary may permit the
continuation of livestock grazing on land acquired under section
403(a)(1).
(b) Limitation.--Grazing under subsection (a) shall be at not more
than the level existing on the date on which the land is acquired under
section 403(a)(1).
(c) Purchase of Permit or Lease.--The Secretary may purchase the
outstanding portion of a grazing permit or lease on any land acquired
under section 403(a)(1).
(d) Termination of Leases or Permits.--The Secretary may accept the
voluntary termination of a permit or lease for grazing on any acquired
land.

TITLE V--BLUNT RESERVOIR AND PIERRE CANAL LAND CONVEYANCE

SEC. 501. SHORT TITLE.

This title may be cited as the ``Blunt Reservoir and Pierre Canal
Land Conveyance Act of 2004''.

SEC. 502. BLUNT RESERVOIR AND PIERRE CANAL.

(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ``Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(2) Commission.--The term ``Commission'' means the
Commission of Schools and Public Lands of the State.
(3) Nonpreferential lease parcel.--The term
``nonpreferential lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a nonpreferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(4) Pierre canal feature.--The term ``Pierre Canal
feature'' means the Pierre Canal feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(5) Preferential leaseholder.--The term ``preferential
leaseholder'' means a person or descendant of a person that
held a lease on a preferential lease parcel as of January 1,
2001, and is reflected as such on the roster of leases of the
Bureau of Reclamation for 2001.
(6) Preferential lease parcel.--The term ``preferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a preferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) State.--The term ``State'' means the State of South
Dakota, including a successor in interest of the State.
(9) Unleased parcel.--The term ``unleased parcel'' means a
parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) is not under lease as of the date of enactment
of this Act.
(b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
(c) Acceptance of Land and Obligations.--
(1) In general.--As a condition of each conveyance under
subsections (d)(5) and (e), respectively, the State shall agree
to accept--
(A) in ``as is'' condition, the portions of the
Blunt Reservoir Feature and the Pierre Canal Feature
that pass into State ownership;
(B) any liability accruing after the date of
conveyance as a result of the ownership, operation, or
maintenance of the features referred to in subparagraph
(A), including liability associated with certain
outstanding obligations associated with expired
easements, or any other right granted in, on, over, or
across either feature; and
(C) the responsibility that the Commission will act
as the agent for the Secretary in administering the
purchase option extended to preferential leaseholders
under subsection (d).
(2) Responsibilities of the state.--An outstanding
obligation described in paragraph (1)(B) shall inure to the
benefit of, and be binding upon, the State.
(3) Oil, gas, mineral and other outstanding rights.--A
conveyance to the State under subsection (d)(5) or (e) or a
sale to a preferential leaseholder under subsection (d) shall
be made subject to--
(A) oil, gas, and other mineral rights reserved of
record, as of the date of enactment of this Act, by or
in favor of a third party; and
(B) any permit, license, lease, right-of-use, or
right-of-way of record in, on, over, or across a
feature referred to in paragraph (1)(A) that is
outstanding as to a third party as of the date of
enactment of this Act.
(4) Additional conditions of conveyance to state.--A
conveyance to the State under subsection (d)(5) or (e) shall be
subject to the reservations by the United States and the
conditions specified in section 1 of the Act of May 19, 1948
(chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for
the transfer of property to State agencies for wildlife
conservation purposes.
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Commission, acting as an agent for
the Secretary, the preferential lease parcel that is the
subject of the lease.
(2) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a preferential leaseholder may elect to purchase a
parcel on one of the following terms:
(i) Cash purchase for the amount that is
equal to--
(I) the value of the parcel
determined under paragraph (4); minus
(II) ten percent of that value.
(ii) Installment purchase, with 10 percent
of the value of the parcel determined under
paragraph (4) to be paid on the date of
purchase and the remainder to be paid over not
more than 30 years at 3 percent annual
interest.
(B) Value under $10,000.--If the value of the
parcel is under $10,000, the purchase shall be made on
a cash basis in accordance with subparagraph (A)(i).
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall
have until the date that is 5 years after enactment of
this Act to exercise the option under paragraph (1).
(B) Continuation of leases.--Until the date
specified in subparagraph (A), a preferential
leaseholder shall be entitled to continue to lease from
the Secretary the parcel leased by the preferential
leaseholder under the same terms and conditions as
under the lease, as in effect as of the date of
enactment of this Act.
(4) Valuation.--
(A) In general.--The value of a preferential lease
parcel shall be its fair market value for agricultural
purposes determined by an independent appraisal,
exclusive of the value of private improvements made by
the leaseholders while the land was federally owned
before the date of the enactment of this Act, in
conformance with the Uniform Appraisal Standards for
Federal Land Acquisition.
(B) Fair market value.--Any dispute over the fair
market value of a property under subparagraph (A) shall
be resolved in accordance with section 2201.4 of title
43, Code of Federal Regulations.
(5) Conveyance to the state.--
(A) In general.--If a preferential leaseholder
fails to purchase a parcel within the period specified
in paragraph (3)(A), the Secretary shall convey the
parcel to the State of South Dakota Department of Game,
Fish, and Parks.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(6) Use of proceeds.--Proceeds of sales of land under this
title shall be deposited as miscellaneous funds in the Treasury
and such funds shall be made available, subject to
appropriations, to the State for the establishment of a trust
fund to pay the county taxes on the lands received by the State
Department of Game, Fish, and Parks under the bill.
(e) Conveyance of Nonpreferential Lease Parcels and Unleased
Parcels.--
(1) Conveyance by secretary to state.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
convey to the South Dakota Department of Game, Fish,
and Parks the nonpreferential lease parcels and
unleased parcels of the Blunt Reservoir and Pierre
Canal.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(2) Land exchanges for nonpreferential lease parcels and
unleased parcels.--
(A) In general.--With the concurrence of the South
Dakota Department of Game, Fish, and Parks, the South
Dakota Commission of Schools and Public Lands may allow
a person to exchange land that the person owns
elsewhere in the State for a nonpreferential lease
parcel or unleased parcel at Blunt Reservoir or Pierre
Canal, as the case may be.
(B) Priority.--The right to exchange
nonpreferential lease parcels or unleased parcels shall
be granted in the following order or priority:
(i) Exchanges with current lessees for
nonpreferential lease parcels.
(ii) Exchanges with adjoining and adjacent
landowners for unleased parcels and
nonpreferential lease parcels not exchanged by
current lessees.
(C) Easement for water conveyance structure.--As a
condition of the exchange of land of the Pierre Canal
Feature under this paragraph, the United States
reserves a perpetual easement to the land to allow for
the right to design, construct, operate, maintain,
repair, and replace a pipeline or other water
conveyance structure over, under, across, or through
the Pierre Canal feature.
(f) Release From Liability.--
(1) In general.--Effective on the date of conveyance of any
parcel under this title, 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 parcel, except for
damages for acts of negligence committed by the United States
or by an employee, agent, or contractor of the United States,
before the date of conveyance.
(2) No additional liability.--Nothing in this section adds
to any liability that the United States may have under chapter
171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
(g) Requirements Concerning Conveyance of Lease Parcels.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance of the parcel, the Secretary shall continue to lease
each preferential lease parcel or nonpreferential lease parcel
to be conveyed under this section under the terms and
conditions applicable to the parcel on the date of enactment of
this Act.
(2) Provision of parcel descriptions.--Not later than 180
days after the date of enactment of this Act, the Secretary
shall provide the State a full legal description of all
preferential lease parcels and nonpreferential lease parcels
that may be conveyed under this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this title $750,000 to reimburse the
Secretary for expenses incurred in implementing this title, and such
sums as are necessary to reimburse the Commission for expenses incurred
implementing this title, not to exceed 10 percent of the cost of each
transaction conducted under this title.

TITLE VI--HOLLOMAN AIR FORCE BASE LAND EXCHANGE

SEC. 601. LAND EXCHANGE, PRIVATE AND PUBLIC LAND IN VICINITY OF
HOLLOMAN AIR FORCE BASE, NEW MEXICO.

(a) Conveyance of Public Land.--In exchange for the land described
in subsection (b), the Secretary of the Interior shall convey to
Randal, Jeffrey, and Timothy Rabon of Otero County, New Mexico (in this
section referred to as the ``Rabons''), all right, title, and interest
of the United States in and to certain public land administered by the
Secretary through the Bureau of Land Management consisting of a total
of approximately 320 acres, as depicted on the map entitled
``Alamogordo Rabon Land Exchange'' and dated September 24, 2004, and
more specifically described as follows:
(1) SE1/4 of section 6, township 17 south, range 10 east,
New Mexico principal meridian.
(2) N1/2N1/2 of section 7, township 17 south, range 10
east, New Mexico principal meridian.
(b) Consideration.--As consideration for the conveyance of the real
property under subsection (a), the Rabons shall convey to the United
States all right, title, and interest held by the Rabons in and to
three parcels of land depicted on the map referred to in subsection
(a), which consists of approximately 241 acres, is contiguous to
Holloman Air Force Base, New Mexico, and is located within the required
safety zone surrounding munitions storage bunkers at the installation.
The Secretary shall assume jurisdiction over the land acquired under
this subsection. The three parcels are more specifically described as
follows:
(1) Lot 4 in the S1/2 of section 30, township 16 south,
range 9 east, New Mexico principal meridian, consisting of
approximately 17.6 acres.
(2) E1/2SW1/4 of section 31, township 16 south, range 9
east, New Mexico principal meridian, consisting of
approximately 80 acres.
(3) Lots 1, 2, 3, and 4 of section 31, township 16 south,
range 9 east, New Mexico principal meridian, consisting of
approximately 143 acres.
(c) Interests Included in Exchange.--Subject to valid existing
rights, the land exchange under this section shall include conveyance
of all surface, subsurface, mineral, and water rights in the lands.
(d) Compliance With Existing Law.--(1) The Secretary shall carry
out the land exchange under this section in the manner provided in
section 206 of the Federal Land Policy Management Act of 1976 (43
U.S.C. 1716). Notwithstanding subsection (b) of such section, if
necessary, a cash equalization payment may be made in excess of 25
percent of the appraised value the public land to be conveyed under
subsection (a).
(2) The cost of the appraisals performed as part of the land
exchange shall be borne by the Secretary.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the land
exchange under this section as the Secretary considers appropriate to
protect the interests of the United States.

TITLE VII--COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

SEC. 701. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

(a) In General.--Section 19(b) of Public Law 99-396 (48 U.S.C.
1469a-1) is amended by adding at the end the following: ``Amounts to be
covered over pursuant to section 703(b) of the Covenant to establish
the Commonwealth of the Northern Mariana Islands shall include the
proceeds of all taxes, fees, and other collections, including on
estates and gifts, derived from the Commonwealth or activities therein
or its inhabitants and residents, with the sole exception of taxes
imposed under chapters 2 and 21 of the Internal Revenue Code of 1986,
as specifically excluded under 703(b) of the Covenant, together with
interest on any amounts not covered over within 1 year of the date of
receipt.''.
(b) Settlement.--The Secretary of the Interior shall review the
analysis and methodology submitted by the Commonwealth of the Northern
Mariana Islands for amounts due under section 703(b) of the Covenant to
Establish a Commonwealth of the Northern Mariana Islands in Political
Union with the United States of America (90 Stat. 263) and shall
negotiate with the Governor of the Commonwealth to reach a settlement
for all past due sums set forth in the analysis as well as other sums,
such as excise taxes and other collections applicable in or to the
Commonwealth. Any settlement shall be conditioned on the Commonwealth
executing a full and final release of any and all claims under section
703(b) of the Covenant and submission of a plan for the expenditure of
all funds for essential infrastructure for education and water.

TITLE VIII--UNITED STATES-MEXICO TRANSBOUNDARY AQUIFER ASSESSMENT

SEC. 801. SHORT TITLE.

This title may be cited as the ``United States-Mexico Transboundary
Aquifer Assessment Act''.

SEC. 802. PURPOSE.

The purpose of this title is to direct the Secretary of the
Interior to establish a United States-Mexico transboundary aquifer
assessment program to--
(1) systematically assess priority transboundary aquifers;
and
(2) provide the scientific foundation necessary for State
and local officials to address pressing water resource
challenges in the United States-Mexico border region.

SEC. 803. DEFINITIONS.

In this title:
(1) Aquifer.--The term ``aquifer'' means a subsurface
water-bearing geologic formation from which significant
quantities of water may be extracted.
(2) Border state.--The term ``Border State'' means each of
the States of Arizona, California, New Mexico, and Texas.
(3) Indian tribe.--The term ``Indian tribe'' means an
Indian tribe, band, nation, or other organized group or
community--
(A) that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians; and
(B) the reservation of which includes a
transboundary aquifer within the exterior boundaries of
the reservation.
(4) Priority transboundary aquifer.--The term ``priority
transboundary aquifer'' means a transboundary aquifer that has
been designated for study and analysis under the program.
(5) Program.--The term ``program'' means the United States-
Mexico transboundary aquifer assessment program established
under section 804(a).
(6) Reservation.--The term ``reservation'' means land that
has been set aside or that has been acknowledged as having been
set aside by the United States for the use of an Indian tribe,
the exterior boundaries of which are more particularly defined
in a final tribal treaty, agreement, executive order, Federal
statute, secretarial order, or judicial determination.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(8) Transboundary aquifer.--The term ``transboundary
aquifer'' means an aquifer that underlies the boundary between
the United States and Mexico.
(9) Tri-regional planning group.--The term ``Tri-Regional
Planning Group'' means the binational planning group comprised
of--
(A) the Junta Municipal de Agua y Saneamiento de
Ciudad Juarez;
(B) the El Paso Water Utilities Public Service
Board; and
(C) the Lower Rio Grande Water Users Organization.
(10) Water resources research institutes.--The term ``water
resources research institutes'' means the institutes within the
Border States established under section 104 of the Water
Resources Research Act of 1984 (42 U.S.C. 10303).

SEC. 804. ESTABLISHMENT OF PROGRAM.

(a) In General.--The Secretary, in consultation and cooperation
with the Border States, the water resources research institutes, Sandia
National Laboratories, and other appropriate entities in the United
States and Mexico, shall carry out the United States-Mexico
transboundary aquifer assessment program to characterize, map, and
model transboundary groundwater resources along the United States-
Mexico border at a level of detail determined to be appropriate for the
particular aquifer.
(b) Objectives.--The objectives of the program are to--
(1) develop and implement an integrated scientific approach
to assess transboundary groundwater resources, including--
(A)(i) identifying fresh and saline transboundary
aquifers; and
(ii) prioritizing the transboundary aquifers for
further analysis by assessing--
(I) the proximity of the transboundary
aquifer to areas of high population density;
(II) the extent to which the transboundary
aquifer is used;
(III) the susceptibility of the
transboundary aquifer to contamination; and
(IV) any other relevant criteria;
(B) evaluating all available data and publications
as part of the development of study plans for each
priority transboundary aquifer;
(C) creating a new, or enhancing an existing,
geographic information system database to characterize
the spatial and temporal aspects of each priority
transboundary aquifer; and
(D) using field studies, including support for and
expansion of ongoing monitoring and metering efforts,
to develop--
(i) the additional data necessary to
adequately define aquifer characteristics; and
(ii) scientifically sound groundwater flow
models to assist with State and local water
management and administration, including
modeling of relevant groundwater and surface
water interactions;
(2) expand existing agreements, as appropriate, between the
United States Geological Survey, the Border States, the water
resources research institutes, and appropriate authorities in
the United States and Mexico, to--
(A) conduct joint scientific investigations;
(B) archive and share relevant data; and
(C) carry out any other activities consistent with
the program; and
(3) produce scientific products for each priority
transboundary aquifer that--
(A) are capable of being broadly distributed; and
(B) provide the scientific information needed by
water managers and natural resource agencies on both
sides of the United States-Mexico border to effectively
accomplish the missions of the managers and agencies.
(c) Designation of Priority Transboundary Aquifers.--
(1) In general.--For purposes of the program, the Secretary
shall designate as priority transboundary aquifers--
(A) the Hueco Bolson and Mesilla aquifers
underlying parts of Texas, New Mexico, and Mexico; and
(B) the Santa Cruz River Valley aquifers underlying
Arizona and Sonora, Mexico.
(2) Additional aquifers.--The Secretary shall, using the
criteria under subsection (b)(1)(A)(ii), evaluate and designate
additional priority transboundary aquifers.
(d) Cooperation With Mexico.--To ensure a comprehensive assessment
of transboundary aquifers, the Secretary shall, to the maximum extent
practicable, work with appropriate Federal agencies and other
organizations to develop partnerships with, and receive input from,
relevant organizations in Mexico to carry out the program.
(e) Grants and Cooperative Agreements.--The Secretary may provide
grants or enter into cooperative agreements and other agreements with
the water resources research institutes and other Border State entities
to carry out the program.

SEC. 805. IMPLEMENTATION OF PROGRAM.

(a) Coordination With States, Tribes, and Other Entities.--The
Secretary shall coordinate the activities carried out under the program
with--
(1) the appropriate water resource agencies in the Border
States;
(2) any affected Indian tribes; and
(3) any other appropriate entities that are conducting
monitoring and metering activity with respect to a priority
transboundary aquifer.
(b) New Activity.--After the date of enactment of this Act, the
Secretary shall not initiate any new field studies or analyses under
the program before consulting with, and coordinating the activity with,
any Border State water resource agencies that have jurisdiction over
the aquifer.
(c) Study Plans; Cost Estimates.--
(1) In general.--The Secretary shall work closely with
appropriate Border State water resource agencies, water
resources research institutes, and other relevant entities to
develop a study plan, timeline, and cost estimate for each
priority transboundary aquifer to be studied under the program.
(2) Requirements.--A study plan developed under paragraph
(1) shall, to the maximum extent practicable--
(A) integrate existing data collection and analyses
conducted with respect to the priority transboundary
aquifer;
(B) if applicable, improve and strengthen existing
groundwater flow models developed for the priority
transboundary aquifer; and
(C) be consistent with appropriate State guidelines
and goals.

SEC. 806. EFFECT.

Nothing in this title affects--
(1) the jurisdiction or responsibility of a Border State
with respect to managing surface or groundwater resources in
the Border State; or
(2) the water rights of any person or entity using water
from a transboundary aquifer.

SEC. 807. REPORTS.

Not later than 5 years after the date of enactment of this Act, and
on completion of the program in fiscal year 2014, the Secretary shall
submit to the appropriate water resource agency in the Border States,
an interim and final report, respectively, that describes--
(1) any activities carried out under the program;
(2) any conclusions of the Secretary relating to the status
of transboundary aquifers; and
(3) the level of participation in the program of entities
in Mexico.

SEC. 808. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to carry
out this title $50,000,000 for the period of fiscal years 2005 through
2014.
(b) Distribution of Funds.--Of the amounts made available under
subsection (a), 50 percent shall be made available to the water
resources research institutes to provide funding to appropriate
entities in the Border States (including Sandia National Laboratories,
State agencies, universities, the Tri-Regional Planning Group, and
other relevant organizations) and Mexico to conduct activities under
the program, including the binational collection and exchange of
scientific data.

TITLE IX--CASTILLO DE SAN MARCOS NATIONAL MONUMENT

Subtitle A--Castillo de San Marcos National Monument Preservation Act

SEC. 901. SHORT TITLE.

This subtitle may be cited as the ``Castillo de San Marcos National
Monument Preservation and Education Act''.

SEC. 902. VISITOR CENTER.

(a) Authorization.--Subject to the availability of appropriations
and the project being prioritized in the National Park Services 5-year,
line-item construction program, the Secretary of the Interior (referred
to in this section as the ``Secretary'') may design and construct a
Visitor Center for the Castillo de San Marcos National Monument
(referred to in this section as the ``Monument'').
(b) Preferred Alternative.--The Visitor Center authorized in
subsection (a) shall be located and constructed in accordance with the
Preferred Alternative identified in the Record of Decision for the
General Management Plan for the Monument, expected to be signed in
2005.

SEC. 903. COOPERATIVE AGREEMENT.

The Secretary may enter into cooperative agreements with the City
of St. Augustine, Florida, the Colonial St. Augustine Preservation
Foundation, other Federal, State, and local departments or agencies,
academic institutions, and non-profit entities for the planning and
design, construction, management, and operation of the Visitor Center.

SEC. 904. BOUNDARY EXPANSION.

(a) Property Acquisition.--If the Preferred Alternative for the
Visitor Center authorized by section 902 is located outside the
boundary of the Monument, the Secretary is authorized to acquire the
site for the Visitor Center, from willing sellers, by donation,
purchase with donated or appropriated funds, or by exchange.
(b) Administration of Newly Acquired Land.--Land added to the
Monument pursuant to subsection (a) shall be administered by the
Secretary in accordance with applicable laws and regulations.
(c) Boundary Modification.--The boundary of the Monument shall be
modified to reflect the acquisition of land authorized in subsection
(a) after completion of the acquisition.

SEC. 905. PROJECT APPROVAL.

Prior to initiating any planning, design, or construction on the
Visitor Center authorized by section 902, the project must be reviewed
and approved by the National Park Service consistent with partnership
construction guidelines established by that agency.

Subtitle B--Castillo de San Marcos National Monument Boundary
Modification

SEC. 911. SHORT TITLE.

This subtitle may be cited as the ``Castillo de San Marcos National
Monument Boundary Adjustment Act of 2004''.

SEC. 912. FINDINGS.

Congress finds the following:
(1) The early defense lines for Fort Marion, Florida, today
known as the Castillo de San Marcos National Monument, included
defenses extending in a line due west to the Sebastian River, a
distance of about one half mile.
(2) In the 1830's, during the Seminole Wars in Florida,
these defensive lines were maintained, but as Florida became
more settled they fell into disrepair and/or became obsolete.
(3) In 1908 the War Department deeded much of the property
running west to the Sebastian River to the St. Johns County
Board of Public Instruction. The portion of this property
remaining in federal ownership today is occupied by Orange
Street, a City of St. Augustine, Florida street.
(4) For nearly a century, the City of St. Augustine has
maintained and managed Orange Street, a modern city street, and
associated utilities in the Orange Street corridor.
(5) Any archeological remains that are still present on the
property overlaid by Orange Street are adequately protected by
the City's archeological ordinances, and by the City having an
archeologist on staff.
(6) Although the city currently operates Orange Street
under a right-of-way from the National Park Service, from a
management perspective it is appropriate for the City of St.
Augustine to own Orange Street.

SEC. 913. BOUNDARY ADJUSTMENT.

(a) Conveyance of Land.--The Secretary of the Interior shall
convey, without consideration, to the City of St. Augustine, Florida,
all right, title, and interest of the United States in and to the lands
known as Orange Street, a portion of the Castillo de San Marcos
National Monument (Monument), consisting of approximately 3.1 acres, as
shown on the map entitled Castillo de San Marcos National Monument
Boundary Adjustment and Correction, numbered 343/80060, and dated April
2003. Upon completion of the conveyance, the Secretary shall revise the
boundary of the Monument to exclude the land conveyed.
(b) Boundary Revision.--Effective on the date of the enactment of
this Act, the boundary of the Monument is revised to include an area of
approximately 0.45 acres, as shown on the map identified in subsection
(a). The Secretary shall administer the lands included in the boundary
as part of the national monument in accordance with applicable laws and
regulations.

TITLE X--NORTHERN CALIFORNIA COASTAL WILD HERITAGE WILDERNESS

SEC. 1001. SHORT TITLE.

This title may be cited as the ``Northern California Coastal Wild
Heritage Wilderness Act''.

SEC. 1002. DEFINITION OF SECRETARY.

In this title, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.

SEC. 1003. DESIGNATION OF WILDERNESS AREAS.

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State of California are designated as wilderness
areas and as components of the National Wilderness Preservation System:
(1) Snow mountain wilderness addition.--
(A) In general.--Certain land in the Mendocino
National Forest, comprising approximately 23,312 acres,
as generally depicted on the maps described in
subparagraph (B), is incorporated in and shall
considered to be a part of the ``Snow Mountain
Wilderness'', as designated by section 101(a)(31) of
the California Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Skeleton Glade Unit,
Snow Mountain Proposed Wilderness Addition,
Mendocino National Forest'' and dated September
17, 2004; and
(ii) the map entitled ``Bear Creek/Deafy
Glade Unit, Snow Mountain Wilderness Addition,
Mendocino National Forest'' and dated September
17, 2004.
(2) Sanhedrin wilderness.--Certain land in the Mendocino
National Forest, comprising approximately 10,571 acres, as
generally depicted on the map entitled ``Sanhedrin Proposed
Wilderness, Mendocino National Forest'' and dated September 17,
2004, which shall be known as the ``Sanhedrin Wilderness''.
(3) Yuki wilderness.--Certain land in the Mendocino
National Forest and certain land administered by the Bureau of
Land Management in Lake and Mendocino Counties, California,
together comprising approximately 54,087 acres, as generally
depicted on the map entitled ``Yuki Proposed Wilderness'' and
dated October 28, 2004, which shall be known as the ``Yuki
Wilderness''.
(4) Yolla bolly-middle eel wilderness addition.--Certain
land in the Mendocino National Forest and certain land
administered by the Bureau of Land Management in Mendocino
County, California, together comprising approximately 25,806
acres, as generally depicted on the map entitled ``Middle Fork
Eel, Smokehouse and Big Butte Units, Yolla Bolly-Middle Eel
Proposed Wilderness Addition'' and dated October 28, 2004, is
incorporated in and shall considered to be a part of the Yolla
Bolly-Middle Eel Wilderness, as designated by section 3 of the
Wilderness Act (16 U.S.C. 1132).
(5) Mad river buttes wilderness.--Certain land in the Six
Rivers National Forest, comprising approximately 6,494 acres,
as generally depicted on the map entitled ``Mad River Buttes,
Mad River Proposed Wilderness'' and dated September 17, 2004,
which shall be known as the ``Mad River Buttes Wilderness''.
(6) Siskiyou wilderness addition.--
(A) In general.--Certain land in the Six Rivers
National Forest, comprising approximately 48,754 acres,
as generally depicted on the maps described in
subparagraph (B), is incorporated in and shall be
considered to be a part of the Siskiyou Wilderness, as
designated by section 101(a)(30) of the California
Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Bear Basin Butte
Unit, Siskiyou Proposed Wilderness Additions,
Six Rivers National Forest'' and dated October
28, 2004;
(ii) the map entitled ``Blue Creek Unit,
Siskiyou Proposed Wilderness Addition, Six
Rivers National Forest'' and dated October 28,
2004;
(iii) the map entitled ``Blue Ridge Unit,
Siskiyou Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004;
(iv) the map entitled ``Broken Rib Unit,
Siskiyou Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004; and
(v) the map entitled ``Wooly Bear Unit,
Siskiyou Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
27, 2004.
(7) Mount lassic wilderness.--Certain land in the Six
Rivers National Forest, comprising approximately 7,279 acres,
as generally depicted on the map entitled ``Mt. Lassic Proposed
Wilderness'' and dated September 17, 2004, which shall be known
as the ``Mount Lassic Wilderness''.
(8) Trinity alps wilderness addition.--
(A) In general.--Certain land in the Six Rivers
National Forest, comprising approximately 28,805 acres,
as generally depicted on the maps described in
subparagraph (B) and which is incorporated in and shall
be considered to be a part of the Trinity Alps
Wilderness as designated by section 101(a)(34) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-425).
(B) Description of maps.--The maps referred to in
subparagraph (A) are--
(i) the map entitled ``Orleans Mountain
Unit (Boise Creek), Trinity Alps Proposed
Wilderness Addition, Six Rivers National
Forest'', and dated October 28, 2004;
(ii) the map entitled ``East Fork Unit,
Trinity Alps Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004;
(iii) the map entitled ``Horse Linto Unit,
Trinity Alps Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004; and
(iv) the map entitled ``Red Cap Unit,
Trinity Alps Proposed Wilderness Addition, Six
Rivers National Forest'' and dated September
17, 2004.
(9) Underwood wilderness.--Certain land in the Six Rivers
National Forest, comprising approximately 2,977 acres, as
generally depicted on the map entitled ``Underwood Proposed
Wilderness, Six Rivers National Forest'' and dated September
17, 2004, which shall be known as the ``Underwood Wilderness''.
(10) Cache creek wilderness.--Certain land administered by
the Bureau of Land Management in Lake County, California,
comprising approximately 30,870 acres, as generally depicted on
the map entitled ``Cache Creek Wilderness Area'' and dated
September 27, 2004, which shall be known as the ``Cache Creek
Wilderness''.
(11) Cedar roughs wilderness.--Certain land administered by
the Bureau of Land Management in Napa County, California,
comprising approximately 6,350 acres, as generally depicted on
the map entitled ``Cedar Roughs Wilderness Area'' and dated
September 27, 2004, which shall be known as the ``Cedar Roughs
Wilderness''.
(12) South fork eel river wilderness.--Certain land
administered by the Bureau of Land Management in Mendocino
County, California, comprising approximately 12,915 acres, as
generally depicted on the map entitled ``South Fork Eel River
Wilderness Area and Elkhorn Ridge Potential Wilderness'' and
dated September 27, 2004, which shall be known as the ``South
Fork Eel River Wilderness''.
(13) King range wilderness.--
(A) In general.--Certain land administered by the
Bureau of Land Management in Humboldt and Mendocino
Counties, California, comprising approximately 42,585
acres, as generally depicted on the map entitled ``King
Range Wilderness'', and dated November 12, 2004, which
shall be known as the ``King Range Wilderness''.
(B) Applicable law.--With respect to the wilderness
designated by subparagraph (A), in the case of a
conflict between this title and Public Law 91-476 (16
U.S.C. 460y et seq.), the more restrictive provision
shall control.
(14) Rocks and islands.--
(A) In general.--All Federally-owned rocks, islets,
and islands (whether named or unnamed and surveyed or
unsurveyed) that are located--
(i) not more than 3 geographic miles off
the coast of the King Range National
Conservation Area; and
(ii) above mean high tide.
(B) Applicable law.--In the case of a conflict
between this title and Proclamation No. 7264 (65 Fed.
Reg. 2821), the more restrictive provision shall
control.

SEC. 1004. ADMINISTRATION OF WILDERNESS AREAS.

(a) Management.--Subject to valid existing rights, each area
designated as wilderness by this title shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of enactment of
this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary that has jurisdiction over the wilderness.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
title with--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary.
(c) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area designated by this title that is
acquired by the Federal Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this title, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(d) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the Federal land designated as wilderness by
this title is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(e) Fire, Insect, and Disease Management Activities.--
(1) In general.--The Secretary may take such measures in
the wilderness areas designated by this title as are necessary
for the control and prevention of fire, insects, and diseases,
in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report No. 98-40 of the 98th Congress.
(2) Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall review existing
policies applicable to the wilderness areas designated by this
title to ensure that authorized approval procedures for any
fire management measures allow a timely and efficient response
to fire emergencies in the wilderness areas.
(f) Access to Private Property.--
(1) In general.--The Secretary shall provide any owner of
private property within the boundary of a wilderness area
designated by this title adequate access to such property to
ensure the reasonable use and enjoyment of the property by the
owner.
(2) King range wilderness.--
(A) In general.--Subject to subparagraph (B),
within the wilderness designated by section 1003(13),
the access route depicted on the map for private
landowners shall also be available for invitees of the
private landowners.
(B) Limitation.--Nothing in subparagraph (A)
requires the Secretary to provide any access to the
landowners or invitees beyond the access that would be
available if the wilderness had not been designated.
(g) Snow Sensors and Stream Gauges.--If the Secretary determines
that hydrologic, meteorologic, or climatological instrumentation is
appropriate to further the scientific, educational, and conservation
purposes of the wilderness areas designated by this title, nothing in
this title prevents the installation and maintenance of the
instrumentation within the wilderness areas.
(h) Military Activities.--Nothing in this title precludes low-level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this title.
(i) Livestock.--Grazing of livestock and the maintenance of
existing facilities related to grazing in wilderness areas designated
by this title, where established before the date of enactment of this
Act, shall be permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(j) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may
carry out management activities to maintain or restore fish and
wildlife populations and fish and wildlife habitats in
wilderness areas designated by this title if such activities
are--
(A) consistent with applicable wilderness
management plans; and
(B) carried out in accordance with applicable
guidelines and policies.
(2) State jurisdiction.--Nothing in this title affects the
jurisdiction of the State of California with respect to fish
and wildlife on the public land located in the State.
(k) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness
areas designated by this title by members of Indian tribes for
traditional cultural and religious purposes, the Secretary
shall ensure that Indian tribes have access to the wilderness
areas for traditional cultural and religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this section, the
Secretary, on request of an Indian tribe, may
temporarily close to the general public 1 or more
specific portions of a wilderness area to protect the
privacy of the members of the Indian tribe in the
conduct of the traditional cultural and religious
activities in the wilderness area.
(B) Requirement.--Any closure under subparagraph
(A) shall be made in such a manner as to affect the
smallest practicable area for the minimum period of
time necessary for the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas under
this subsection shall be in accordance with--
(A) Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42 U.S.C.
1996 et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(l) Adjacent Management.--
(1) In general.--Nothing in this title creates protective
perimeters or buffer zones around any wilderness area
designated by this title.
(2) Nonwilderness activities.--The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area designated by this title shall not preclude the
conduct of those activities or uses outside the boundary of the
wilderness area.

SEC. 1005. RELEASE OF WILDERNESS STUDY AREAS.

(a) Finding.--Congress finds that, for the purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
any portion of a wilderness study area described in subsection (b) that
is not designated as wilderness by this title or any previous Act has
been adequately studied for wilderness.
(b) Description of Study Areas.--The study areas referred to in
subsection (a) are--
(1) the King Range Wilderness Study Area;
(2) the Chemise Mountain Instant Study Area;
(3) the Red Mountain Wilderness Study Area;
(4) the Cedar Roughs Wilderness Study Area; and
(5) those portions of the Rocky Creek/Cache Creek
Wilderness Study Area in Lake County, California which are not
in R. 5 W., T. 12 N., sec. 22, Mount Diablo Meridian.
(c) Release.--Any portion of a wilderness study area described in
subsection (b) that is not designated as wilderness by this title or
any other Act enacted before the date of enactment of this Act shall
not be subject to section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)).

SEC. 1006. ELKHORN RIDGE POTENTIAL WILDERNESS AREA.

(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain public land in the State
administered by the Bureau of Land Management, compromising
approximately 9,655 acres, as generally depicted on the map entitled
South Fork Eel River Wilderness Area and Elkhorn Ridge Potential
Wilderness'' and dated September 27, 2004, is designated as a potential
wilderness area.
(b) Management.--Except as provided in subsection (c) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area as wilderness until the potential wilderness area is
designated as wilderness.
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of non-native species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in the potential wilderness area), the
Secretary may used motorized equipment and mechanized transport
in the potential wilderness area until the potential wilderness
area is designated as wilderness.
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration with the least
amount of adverse impact on wilderness character and resources.
(d) Wilderness Designation.--
(1) In general.--The potential wilderness area shall be
designated as wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the conditions in the
potential wilderness area that are incompatible with
the Wilderness Act (16 U.S.C. 1131 et seq.) have been
removed; or
(B) the date that is 5 years after the date of
enactment of this Act.
(2) Administration.--On designation as wilderness under
paragraph (1), the potential wilderness area shall be--
(A) known as the ``Elkhorn Ridge Wilderness''; and
(B) administered in accordance with this title and
the Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 1007. WILD AND SCENIC RIVER DESIGNATION.

(a) Designation of Black Butte River, California.--Section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding
at the end the following:
``(__) Black butte river, california.--The following
segments of the Black Butte River in the State of California,
to be administered by the Secretary of Agriculture:
``(A) The 16 miles of Black Butte River, from the
Mendocino County Line to its confluence with Jumpoff
Creek, as a wild river.
``(B) The 3.5 miles of Black Butte River from its
confluence with Jumpoff Creek to its confluence with
Middle Eel River, as a scenic river.
``(C) The 1.5 miles of Cold Creek from the
Mendocino County Line to its confluence with Black
Butte River, as a wild river.''.
(b) Plan; Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to Congress--
(A) a fire management plan for the Black Butte
River segments designated by the amendment under
subsection (a); and
(B) a report on the cultural and historic resources
within those segments.
(2) Transmittal to county.--The Secretary of Agriculture
shall transmit to the Board of Supervisors of Mendocino County,
California, a copy of the plan and report submitted under
paragraph (1).

SEC. 1008. KING RANGE NATIONAL CONSERVATION AREA BOUNDARY ADJUSTMENT.

Section 9 of Public Law 91-476 (16 U.S.C. 460y-8) is amended by
adding at the end the following:
``(d) In addition to the land described in subsections (a) and (c),
the land identified as the King Range National Conservation Area
Additions on the map entitled `King Range Wilderness' and dated
November 12, 2004, is included in the Area.''.

TITLE XI--TRIBAL PARITY ACT

SEC. 1101. SHORT TITLE.

This title may be cited as the ``Tribal Parity Act''.

SEC. 1102. FINDINGS.

Congress finds that--
(1) the Pick-Sloan Missouri River Basin Program (authorized
by section 9 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 891)), was
approved to promote the general economic development of the
United States;
(2) the Fort Randall and Big Bend dam and reservoir
projects in South Dakota--
(A) are major components of the Pick-Sloan Missouri
River Basin Program; and
(B) contribute to the national economy;
(3) the Fort Randall and Big Bend projects inundated the
fertile bottom land of the Lower Brule and Crow Creek Sioux
Tribes, which greatly damaged the economy and cultural
resources of the Tribes;
(4) Congress has provided compensation to several Indian
tribes, including the Lower Brule and Crow Creek Sioux Tribes,
that border the Missouri River and suffered injury as a result
of 1 or more Pick-Sloan Projects;
(5) the compensation provided to those Indian tribes has
not been consistent;
(6) Missouri River Indian tribes that suffered injury as a
result of 1 or more Pick-Sloan Projects should be adequately
compensated for those injuries, and that compensation should be
consistent among the Tribes; and
(7) the Lower Brule Sioux Tribe and the Crow Creek Sioux
Tribe, based on methodology determined appropriate by the
General Accounting Office, are entitled to receive additional
compensation for injuries described in paragraph (6), so as to
provide parity among compensation received by all Missouri
River Indian tribes.

SEC. 1103. LOWER BRULE SIOUX TRIBE.

Section 4(b) of the Lower Brule Sioux Tribe Infrastructure
Development Trust Fund Act (Public Law 105-132; 111 Stat. 2565) is
amended by striking ``$39,300,000'' and inserting ``$186,822,140''.

SEC. 1104. CROW CREEK SIOUX TRIBE.

Section 4(b) of the Crow Creek Sioux Tribe Infrastructure
Development Trust Fund Act of 1996 (Public Law 104-223; 110 Stat. 3027)
is amended by striking ``$27,500,000'' and inserting ``$105,917,853''.

TITLE XII--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT

SEC. 1201. SHORT TITLE.

This title may be cited as the ``Redwood National Park Boundary
Adjustment Act of 2004''.

SEC. 1202. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT.

Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 79b(a)) is
amended--
(1) in the first sentence, by striking ``(a) The area'' and
all that follows through the period at the end and inserting
the following: ``(a)(1) The Redwood National Park consists of
the land generally depicted on the map entitled `Redwood
National Park, Revised Boundary', numbered 167/60502, and dated
February, 2003.'';
(2) by inserting after paragraph (1) (as designated by
paragraph (1)) the following:
``(2) The map referred to in paragraph (1) shall be--
``(A) on file and available for public inspection in the
appropriate offices of the National Park Service; and
``(B) provided by the Secretary of the Interior to the
appropriate officers of Del Norte and Humboldt Counties,
California.''; and
(3) in the second sentence--
(A) by striking ``The Secretary'' and inserting the
following:
``(3) The Secretary''; and
(B) by striking ``one hundred and six thousand
acres'' and inserting ``133,000 acres''.

TITLE XIII--VALLES CALDERA PRESERVATION

SEC. 1301. SHORT TITLE.

This title may be cited as the ``Valles Caldera Preservation Act of
2004''.

SEC. 1302. AMENDMENTS TO THE VALLES CALDERA PRESERVATION ACT.

(a) Acquisition of Outstanding Mineral Interests.--Section 104(e)
of the Valles Caldera Preservation Act (16 U.S.C. 698v-2(e)) is
amended--
(1) by striking ``The acquisition'' and inserting the
following:
``(1) In general.--The acquisition'';
(2) by striking ``The Secretary'' and inserting the
following:
``(2) Acquisition.--The Secretary'';
(3) by striking ``on a willing seller basis'';
(4) by striking ``Any such'' and inserting the following:
``(3) Administration.--Any such''; and
(5) by adding at the end the following:
``(4) Available funds.--Any such interests shall be
acquired with available funds.
``(5) Declaration of taking.--
``(A) In general.--If negotiations to acquire the
interests are unsuccessful by the date that is 60 days
after the date of enactment of this paragraph, the
Secretary shall acquire the interests pursuant to
section 3114 of title 40, United States Code.
``(B) Source of funds.--Any difference between the
sum of money estimated to be just compensation by the
Secretary and the amount awarded shall be paid from the
permanent judgment appropriation under section 1304 of
title 31, United States Code.''.
(b) Obligations and Expenditures.--Section 106(e) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-4(e)) is amended by adding at
the end the following:
``(4) Obligations and expenditures.--Subject to the laws
applicable to Government corporations, the Trust shall
determine--
``(A) the character of, and the necessity for, any
obligations and expenditures of the Trust; and
``(B) the manner in which obligations and
expenditures shall be incurred, allowed, and paid.''.
(c) Solicitation of Donations.--Section 106(g) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-4(g)) is amended by striking
``The Trust may solicit'' and inserting ``The members of the Board of
Trustees, the executive director, and 1 additional employee of the
Trust in an executive position designated by the Board of Trustees or
the executive director may solicit''.
(d) Use of Proceeds.--Section 106(h)(1) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-4(h)(1)) is amended by striking
``subsection (g)'' and inserting ``subsection (g), from claims,
judgments, or settlements arising from activities occurring on the Baca
Ranch or the Preserve after October 27, 1999,''.

SEC. 1303. BOARD OF TRUSTEES.

Section 107(e) of the Valles Caldera Preservation Act (U.S.C. 698v-
5(e)) is amended--
(1) in paragraph (2), by striking ``Trustees'' and
inserting ``Except as provided in paragraph (3), trustees'';
and
(2) in paragraph (3)--
(A) by striking ``Trustees'' and inserting the
following:
``(A) Selection.--Trustees''; and
(B) by adding at the end the following:
``(B) Compensation.--On request of the chair, the
chair may be compensated at a rate determined by the
Board of Trustees, but not to exceed the daily
equivalent of the annual rate of pay for level IV of
the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel
time) in which the chair is engaged in the performance
of duties of the Board of Trustees.
``(C) Maximum rate of pay.--The total amount of
compensation paid to the chair for a fiscal year under
subparagraph (B) shall not exceed 25 percent of the
annual rate of pay for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.''.

SEC. 1304. RESOURCE MANAGEMENT.

(a) Property Disposal Limitations.--Section 108(c)(3) of the Valles
Caldera Preservation Act (16 U.S.C. 698v-6(c)(3)) is amended--
(1) in the first sentence, by striking ``The Trust may not
dispose'' and inserting the following:
``(A) In general.--The Trust may not dispose'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Maximum duration.--The Trust'';
(3) in the last sentence, by striking ``Any such'' and
inserting the following:
``(C) Termination.--The''; and
(4) by adding at the end the following:
``(D) Exclusions.--For the purposes of this
paragraph, the disposal of real property does not
include the sale or other disposal of forage, forest
products, or marketable renewable resources.''.
(b) Law Enforcement and Fire Management.--Section 108(g) of the
Valles Caldera Preservation Act (16 U.S.C. 698v-6(g)) is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) Law enforcement.--
``(A) In general.--The Secretary'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Federal agency.--The Trust''; and
(3) by striking ``At the request of the Trust'' and all
that follows through the end of the paragraph and inserting the
following:
``(2) Fire management.--
``(A) Non-reimbursable services.--
``(i) Development of plan.--The Secretary
shall, in consultation with the Trust, develop
a plan to carry out fire preparedness,
suppression, and emergency rehabilitation
services on the Preserve.
``(ii) Consistency with management
program.--The plan shall be consistent with the
management program developed pursuant to
subsection (d).
``(iii) Cooperative agreement.--To the
extent generally authorized at other units of
the National Forest System, the Secretary shall
provide the services to be carried out pursuant
to the plan under a cooperative agreement
entered into between the Secretary and the
Trust.
``(B) Reimbursable services.--To the extent
generally authorized at other units of the National
Forest System, the Secretary may provide presuppression
and nonemergency rehabilitation and restoration
services for the Trust at any time on a reimbursable
basis.''.

TITLE XIV--CENTRAL NEVADA RURAL CEMETERIES

SEC. 1401. SHORT TITLE.

This title may be cited as the ``Central Nevada Rural Cemeteries
Act''.

SEC. 1402. CONVEYANCE TO LANDER COUNTY, NEVADA.

(a) Findings.--Congress finds that--
(1) the historical use by settlers and travelers since the
late 1800's of the cemetery known as ``Kingston Cemetery'' in
Kingston, Nevada, predates incorporation of the land within the
jurisdiction of the Forest Service on which the cemetery is
situated;
(2) it is appropriate that that use be continued through
local public ownership of the parcel rather than through the
permitting process of the Federal agency;
(3) in accordance with Public Law 85-569 (commonly known as
the ``Townsite Act'') (16 U.S.C. 478a), the Forest Service has
conveyed to the Town of Kingston 1.25 acres of the land on
which historic gravesites have been identified; and
(4) to ensure that all areas that may have unmarked
gravesites are included, and to ensure the availability of
adequate gravesite space in future years, an additional parcel
consisting of approximately 8.75 acres should be conveyed to
the county so as to include the total amount of the acreage
included in the original permit issued by the Forest Service
for the cemetery.
(b) Conveyance on Condition Subsequent.--Subject to valid existing
rights and the condition stated in subsection (e), the Secretary of
Agriculture, acting through the Chief of the Forest Service (referred
to in this section as the ``Secretary''), not later than 90 days after
the date of enactment of this Act, shall convey to Lander County,
Nevada (referred to in this section as the ``county''), for no
consideration, all right, title, and interest of the United States in
and to the parcel of land described in subsection (c).
(c) Description of Land.--The parcel of land referred to in
subsection (b) is the parcel of National Forest System land (including
any improvements on the land) known as ``Kingston Cemetery'',
consisting of approximately 10 acres and more particularly described as
SW\1/4\SE\1/4\SE\1/4\ of section 36, T. 16N., R. 43E., Mount Diablo
Meridian.
(d) Easement.--At the time of the conveyance under subsection (b),
subject to subsection (e)(2), the Secretary shall grant the county an
easement allowing access for persons desiring to visit the cemetery and
other cemetery purposes over Forest Development Road #20307B,
notwithstanding any future closing of the road for other use.
(e) Condition on Use of Land.--
(1) In general.--The county (including its successors)
shall continue the use of the parcel conveyed under subsection
(b) as a cemetery.
(2) Reversion.--If the Secretary, after notice to the
county and an opportunity for a hearing, makes a finding that
the county has used or permitted the use of the parcel for any
purpose other than the purpose specified in paragraph (1), and
the county fails to discontinue that use--
(A) title to the parcel shall revert to the
Secretary, to be administered by the Secretary; and
(B) the easement granted to the county under
subsection (d) shall be revoked.
(3) Waiver.--The Secretary may waive the application of
subparagraph (A) or (B) of paragraph (2) if the Secretary
determines that a waiver would be in the best interests of the
United States.

SEC. 1403. CONVEYANCE TO EUREKA COUNTY, NEVADA.

(a) Findings.--Congress finds that--
(1) the historical use by settlers and travelers since the
late 1800's of the cemetery known as ``Maiden's Grave
Cemetery'' in Beowawe, Nevada, predates incorporation of the
land within the jurisdiction of the Bureau of Land Management
on which the cemetery is situated; and
(2) it is appropriate that that use be continued through
local public ownership of the parcel rather than through the
permitting process of the Federal agency.
(b) Conveyance on Condition Subsequent.--Subject to valid existing
rights and the condition stated in subsection (e), the Secretary of the
Interior, acting through the Director of the Bureau of Land Management
(referred to in this section as the ``Secretary''), not later than 90
days after the date of enactment of this Act, shall convey to Eureka
County, Nevada (referred to in this section as the ``county''), for no
consideration, all right, title, and interest of the United States in
and to the parcel of land described in subsection (c).
(c) Description of Land.--The parcel of land referred to in
subsection (b) is the parcel of public land (including any improvements
on the land) known as ``Maiden's Grave Cemetery'', consisting of
approximately 10 acres and more particularly described as S\1/2\NE\1/
4\SW\1/4\SW\1/4\, N\1/2\SE\1/4\SW\1/4\SW\1/4\ of section 10, T.31N.,
R.49E., Mount Diablo Meridian.
(d) Easement.--At the time of the conveyance under subsection (b),
subject to subsection (e)(2), the Secretary shall grant the county an
easement allowing access for persons desiring to visit the cemetery and
other cemetery purposes over an appropriate access route consistent
with current access.
(e) Condition on Use of Land.--
(1) In general.--The county (including its successors)
shall continue the use of the parcel conveyed under subsection
(b) as a cemetery.
(2) Reversion.--If the Secretary, after notice to the
county and an opportunity for a hearing, makes a finding that
the county has used or permitted the use of the parcel for any
purpose other than the purpose specified in paragraph (1), and
the county fails to discontinue that use--
(A) title to the parcel shall revert to the
Secretary, to be administered by the Secretary; and
(B) the easement granted to the county under
subsection (d) shall be revoked.
(3) Waiver.--The Secretary may waive the application of
subparagraph (A) or (B) of paragraph (2) if the Secretary
determines that a waiver would be in the best interests of the
United States.

TITLE XV--DANDINI RESEARCH PARK CONVEYANCE

SEC. 1501. SHORT TITLE.

This title may be cited as the ``Dandini Research Park Conveyance
Act''.

SEC. 1502. DEFINITIONS.

In this title:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the University and Community College
System of Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 1503. CONVEYANCE TO THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF
NEVADA.

(a) Conveyance.--
(1) In general.--The Secretary shall convey to the Board of
Regents, without consideration, all right, title, and interest
of the United States in and to the approximately 467 acres of
land located in Washoe County, Nevada, patented to the
University of Nevada under the Act of June 14, 1926 (commonly
known as the ``Recreation and Public Purposes Act'') (43 U.S.C.
869 et seq.), and described in paragraph (2).
(2) Description of land.--The land referred to in paragraph
(1) is--
(A) the parcel of land consisting of approximately
309.11 acres and more particularly described as T. 20
N., R. 19 E., Sec. 25, lots 1, 2, 3, 4, 5, and 11,
SE\1/4\NW\1/4\, NE\1/4\SW\1/4\, Mount Diablo Meridian,
Nevada; and
(B) the parcel of land consisting of approximately
158.22 acres and more particularly described as T. 20
N., R. 19 E., Sec. 25, lots 6 and 7, SW\1/4\NE\1/4\,
NW\1/4\SE\1/4\, Mount Diablo Meridian, Nevada.
(b) Costs.--The Board of Regents shall pay to the United States an
amount equal to the costs of the Secretary associated with the
conveyance under subsection (a)(1).
(c) Conditions.--If the Board of Regents sells any portion of the
land conveyed to the Board of Regents under subsection (a)(1)--
(1) the amount of consideration for the sale shall reflect
fair market value, as determined by an appraisal; and
(2) the Board of Regents shall pay to the Secretary an
amount equal to the net proceeds of the sale, for use by the
Director of the Bureau of Land Management in the State of
Nevada, without further appropriation.

TITLE XVI--ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH

SEC. 1601. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH.

(a) Definition of Owner.--In this section, the term ``owner'' means
an owner that is able to convey to the United States clear title to
property taken under this section.
(b) Taking of Property.--Notwithstanding any other provision of
law, effective 30 days after the date of enactment of this Act, there
is vested in the United States all right, title, and interest in and
to, and the right to immediate possession of certain land located in a
master planned community development in Washington County, Utah, known
as ``PAHO'', owned by Environmental Land Technology, Ltd., Rocky
Mountain Ventures, and James Doyle, within the Red Cliffs Reserve in
Washington County, Utah, consisting of--
(A) the fee simple interest in approximately 1,516
acres of real property; and
(B) the fee simple interest in 34 acres of real
property adjacent to the Red Cliffs Reserve owned by
Environmental Land Technology, Ltd.
(c) Just Compensation.--
(1) In general.--The United States shall pay the owner just
compensation determined as of the date of enactment of this
Act.
(2) Amount.--Payment of just compensation shall be in the
amount of--
(A) the valuation of the property determined by
judgment awarded by a United States Court of competent
jurisdiction;
(B) interest from the date of enactment of this
Act; and
(C) any other costs and expenses, if any, as
determined by the court.
(3) Interest.--Interest under this subsection shall be
compounded in the same manner as under subsection (b)(2)(B) of
the first section of the Act of April 17, 1954 (16 U.S.C.
429b(b)(2)(B)), except that the reference in that provision to
the date of enactment of the Manassas National Battlefield Park
Amendments of 1988 shall be deemed to be a reference to the
date of enactment of this Act.
(4) Source of payment.--Payment of the amount pursuant to
this section shall be made from the permanent judgment
appropriation under section 1304 of title 31, United States
Code.
(5) Full faith and credit.--The full faith and credit of
the United States is pledged to the payment of any judgment
entered against the United States with respect to the taking of
property under this section.

TITLE XVII--NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER BASIN
PARTNERSHIP

SEC. 1701. SHORT TITLE.

This title may be cited as the ``Northern Arizona Land Exchange and
Verde River Basin Partnership Act of 2004''.

Subtitle A--Northern Arizona Land Exchange

SEC. 1711. DEFINITIONS.

In this subtitle:
(1) Camp.--The term ``camp'' means Camp Pearlstein,
Friendly Pines, Patterdale Pines, Pine Summit, Sky Y, and Young
Life Lost Canyon camps in the State of Arizona.
(2) Cities.--The term ``cities'' means the cities of
Flagstaff, Williams, and Camp Verde, Arizona.
(3) Federal land.--The term ``Federal land'' means the land
described in section 1714.
(4) Non-federal land.--The term ``non-Federal land'' means
the land described in section 1713.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Yavapai ranch.--The term ``Yavapai Ranch'' means the
Yavapai Ranch Limited Partnership, an Arizona Limited
Partnership, and the Northern Yavapai, L.L.C., an Arizona
Limited Liability Company.

SEC. 1712. LAND EXCHANGE.

(a) In General.--(1) Upon the conveyance by Yavapai Ranch of title
to the non-Federal land identified in section 1713, the Secretary shall
simultaneously convey to Yavapai Ranch title to the Federal land
identified in section 1714.
(2) Title to the lands to be exchanged shall be in a form
acceptable to the Secretary and Yavapai Ranch.
(3) The Federal and non-Federal lands to be exchanged under this
subtitle may be modified prior to the exchange as provided in this
subtitle.
(4)(A) By mutual agreement, the Secretary and Yavapai Ranch may
make minor and technical corrections to the maps and legal descriptions
of the lands and interests therein exchanged or retained under this
subtitle, including changes, if necessary to conform to surveys
approved by the Bureau of Land Management.
(B) In the case of any discrepancy between a map and legal
description, the map shall prevail unless the Secretary and Yavapai
Ranch agree otherwise.
(b) Exchange Process.--(1) Except as otherwise provided in this
subtitle, the land exchange under subsection (a) shall be undertaken in
accordance with section 206 of the Federal Land Policy and Management
Act (43 U.S.C. 1716).
(2) Before completing the land exchange under this subtitle, the
Secretary shall perform any necessary land surveys and pre-exchange
inventories, clearances, reviews, and approvals, including those
relating to hazardous materials, threatened and endangered species,
cultural and historic resources, and wetlands and flood plains.
(c) Equal Value Exchange.--(1) The value of the Federal land and
the non-Federal land shall be equal, or equalized by the Secretary by
adjusting the acreage of the Federal land in accordance with paragraph
(2).
(2) If the final appraised value of the Federal land exceeds the
final appraised value of the non-Federal land, prior to making other
adjustments, the Federal lands shall be adjusted by deleting all or
part of the parcels or portions of the parcels in the following order:
(A) A portion of the Camp Verde parcel described in section
1714(a)(4), comprising approximately 316 acres, located in the
Prescott National Forest, and more particularly described as
lots 1, 5, and 6 of section 26, the NE\1/4\NE\1/4\ portion of
section 26 and the N\1/2\N\1/2\ portion of section 27, Township
14 North, Range 4 East, Gila and Salt River Base and Meridian,
Yavapai County, Arizona.
(B) A portion of the Camp Verde parcel described in section
1714(a)(4), comprising approximately 314 acres, located in the
Prescott National Forest, and more particularly described as
lots 2, 7, 8, and 9 of section 26, the SE\1/4\NE\1/4\ portion
of section 26, and the S\1/2\N\1/2\ of section 27, Township 14
North, Range 4 East, Gila and Salt River Base and Meridian,
Yavapai County, Arizona.
(C) Beginning at the south boundary of section 31, Township
20 North, Range 5 West, Gila and Salt River Base and Meridian,
Yavapai County, Arizona, and sections 33 and 35, Township 20
North, Range 6 West, Gila and Salt River Base and Meridian,
Yavapai County, Arizona, by adding to the non-Federal land to
be conveyed to the United States in \1/8\-section increments
(E-W 64th line) while deleting from the conveyance to Yavapai
Ranch Federal land in the same incremental portions of section
32, Township 20 North, Range 5 West, Gila and Salt River Base
and Meridian, Yavapai County, Arizona, and sections 32, 34, and
36 in Township 20 North, Range 6 West, Gila and Salt River Base
and Meridian, Yavapai County, Arizona, to establish a linear
and continuous boundary that runs east-to-west across the
sections.
(D) Any other parcels, or portions thereof, agreed to by
the Secretary and Yavapai Ranch.
(3) If any parcel of Federal land or non-Federal land is not
conveyed because of any reason, that parcel of land, or portion
thereof, shall be excluded from the exchange and the remaining lands
shall be adjusted as provided in this subsection.
(4) If the value of the Federal land exceeds the value of the non-
Federal land by more than $50,000, the Secretary and Yavapai Ranch
shall, by mutual agreement, delete additional Federal land from the
exchange until the value of the Federal land and non-Federal land is,
to the maximum extent practicable, equal.
(d) Appraisals.--(1) The value of the Federal land and non-Federal
land shall be determined by appraisals prepared in accordance with the
Uniform Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(2)(A) After the Secretary has reviewed and approved the final
appraised values of the Federal land and non-Federal land to be
exchanged, the Secretary shall not be required to reappraise or update
the final appraised values before the completion of the land exchange.
(B) This paragraph shall apply during the three-year period
following the approval by the Secretary of the final appraised values
of the Federal land and non-Federal land unless the Secretary and
Yavapai Ranch have entered into an agreement to implement the exchange.
(3) During the appraisal process, the appraiser shall determine the
value of each parcel of Federal land and non-Federal land (including
the contributory value of each individual section of the intermingled
Federal and non-Federal land of the property described in sections
103(a) and 104(a)(1)) as an assembled transaction.
(4)(A) To ensure the timely and full disclosure to the public of
the final appraised values of the Federal land and non-Federal land,
the Secretary shall provide public notice of any appraisals approved by
the Secretary and copies of such appraisals shall be available for
public inspection in appropriate offices of the Prescott, Coconino, and
Kaibab National Forests.
(B) The Secretary shall also provide copies of any approved
appraisals to the cities and the owners of the camps described in
section 1711(1).
(e) Contracting.--(1) If the Secretary lacks adequate staff or
resources to complete the exchange by the date specified in section
1716(c), Yavapai Ranch, subject to the agreement of the Secretary, may
contract with independent third-party contractors to carry out any work
necessary to complete the exchange by that date.
(2) If, in accordance with this subsection, Yavapai Ranch contracts
with an independent third-party contractor to carry out any work that
would otherwise be performed by the Secretary, the Secretary shall
reimburse Yavapai Ranch for the costs for the third-party contractors.
(f) Easements.--(1) The exchange of non-Federal and Federal land
under this subtitle shall be subject to any easements, rights-of-way,
utility lines, and any other valid encumbrances in existence on the
date of enactment of this subtitle, including acquired easements for
water pipelines as generally depicted on the map entitled ``Yavapai
Ranch Land Exchange, YRLP Acquired Easements for Water Lines'' dated
April 2002, and any other reservations that may be agreed to by the
Secretary and Yavapai Ranch.
(2) Upon completion of the land exchange under this subtitle, the
Secretary and Yavapai Ranch shall grant each other at no charge
reciprocal easements for access and utilities across, over, and
through--
(A) the routes depicted on the map entitled ``Yavapai Ranch
Land Exchange, Road and Trail Easements, Yavapai Ranch Area''
dated April 2002; and
(B) any relocated routes that are agreed to by the
Secretary and Yavapai Ranch.
(3) An easement described in paragraph (2) shall be unrestricted
and non-exclusive in nature and shall run with and benefit the land.
(g) Conveyance of Federal Land to Cities and Camps.--(1) Prior to
the completion of the land exchange between Yavapai Ranch and the
Secretary, the cities and the owners of the camps may enter into
agreements with Yavapai Ranch whereby Yavapai Ranch, upon completion of
the land exchange, will convey to the cities or the owners of the camps
the applicable parcel of Federal land or portion thereof.
(2) If Yavapai Ranch and the cities or camp owners have not entered
into agreements in accordance with paragraph (1), the Secretary shall,
on notification by the cities or owners of the camps no later than 30
days after the date the relevant approved appraisal is made publicly
available, delete the applicable parcel or portion thereof from the
land exchange between Yavapai Ranch and the United States as follows:
(A) Upon request of the City of Flagstaff, Arizona, the
parcels, or portion thereof, described in section 1714(a)(2).
(B) Upon request of the City of Williams, Arizona, the
parcels, or portion thereof, described in section 1714(a)(3).
(C) Upon request of the City of Camp Verde, Arizona, a
portion of the parcel described in section 1714(a)(4),
comprising approximately 514 acres located southeast of the
southeastern boundary of the I-17 right-of-way, and more
particularly described as the SE\1/4\ portion of the southeast
quarter of section 26, the E\1/2\ and the E\1/2\W\1/2\ portions
of section 35, and lots 5 through 7 of section 36, Township 14
North, Range 4 East, Gila and Salt River Base and Meridian,
Yavapai County, Arizona.
(D) Upon request of the owners of the Younglife Lost Canyon
camp, the parcel described in section 1714(a)(5).
(E) Upon request of the owner of Friendly Pines Camp,
Patterdale Pines Camp, Camp Pearlstein, Pine Summit, or Sky Y
Camp, as applicable, the corresponding parcel described in
section 1714(a)(6).
(3)(A) Upon request of the specific city or camp referenced in
paragraph (2), the Secretary shall convey to such city or camp all
right, title, and interest of the United States in and to the
applicable parcel of Federal land or portion thereof, upon payment of
the fair market value of the parcel and subject to any terms and
conditions the Secretary may require.
(B) A conveyance under this paragraph shall not require new
administrative or environmental analyses or appraisals beyond those
prepared for the land exchange.
(4) A city or owner of a camp purchasing land under this subsection
shall reimburse Yavapai Ranch for any costs incurred which are directly
associated with surveys and appraisals of the specific property
conveyed.
(5) A conveyance of land under this subsection shall not affect the
timing of the land exchange.
(6) Nothing in this subsection limits the authority of the
Secretary or Yavapai Ranch to delete any of the parcels referenced in
this subsection from the land exchange.
(7)(A) The Secretary shall deposit the proceeds of any sale under
paragraph (2) in a special account in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(B) Amounts deposited under subparagraph (A) shall be available to
the Secretary, without further appropriation, to be used for the
acquisition of land in the State of Arizona for addition to the
National Forest System, including the land to be exchanged under this
subtitle.

SEC. 1713. DESCRIPTION OF NON-FEDERAL LAND.

(a) In General.--The non-Federal land referred to in this subtitle
consists of approximately 35,000 acres of privately-owned land within
the boundaries of the Prescott National Forest, as generally depicted
on the map entitled ``Yavapai Ranch Land Exchange, Non-Federal Lands'',
dated April 2002.
(b) Easements.--(1) The conveyance of non-Federal land to the
United States under section 1712 shall be subject to the reservation
of--
(A) water rights and perpetual easements that run with and
benefit the land retained by Yavapai Ranch for--
(i) the operation, maintenance, repair,
improvement, development, and replacement of not more
than 3 wells in existence on the date of enactment of
this Act;
(ii) related storage tanks, valves, pumps, and
hardware; and
(iii) pipelines to point of use; and
(B) easements for reasonable access to accomplish the
purposes of the easements described in subparagraph (A).
(2) Each easement for an existing well referred to in paragraph (1)
shall be 40 acres in area, and to the maximum extent practicable,
centered on the existing well.
(3) The United States shall be entitled to one-half the production
of each existing or replacement well, not to exceed a total of
3,100,000 gallons of water annually for National Forest System
purposes.
(4) The locations of the easements and wells shall be as generally
depicted on the map entitled ``Yavapai Ranch Land Exchange, Reserved
Easements for Water Lines and Wells'', dated April 2002.

SEC. 1714. DESCRIPTION OF FEDERAL LAND.

(a) In General.--The Federal land referred to in this subtitle
consists of the following:
(1) Certain land comprising approximately 15,300 acres
located in the Prescott National Forest, as generally depicted
on the map entitled ``Yavapai Ranch Land Exchange, Yavapai
Ranch Area Federal Lands'', dated April 2002.
(2) Certain land located in the Coconino National Forest--
(A) comprising approximately 1,500 acres as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange, Flagstaff Federal Lands Airport
Parcel'', dated April, 2002; and
(B) comprising approximately 28.26 acres in two
separate parcels, as generally depicted on the map
entitled ``Yavapai Ranch Land Exchange, Flagstaff
Federal Lands Wetzel School and Mt. Elden Parcels'',
dated September 2002.
(3) Certain land located in the Kaibab National Forest, and
referred to as the Williams Airport, Williams golf course,
Williams Sewer, Buckskinner Park, Williams Railroad, and Well
parcels number 2, 3, and 4, cumulatively comprising
approximately 950 acres, as generally depicted on the map
entitled ``Yavapai Ranch Land Exchange, Williams Federal
Lands'', dated April 2002.
(4) Certain land located in the Prescott National Forest,
comprising approximately 2,200 acres, as generally depicted on
the map entitled ``Yavapai Ranch Land Exchange, Camp Verde
Federal Land General Crook Parcel'', dated April 2002.
(5) Certain land located in the Kaibab National Forest,
comprising approximately 237.5 acres, as generally depicted on
the map entitled ``Yavapai Ranch Land Exchange, Younglife Lost
Canyon'', dated April 2002.
(6) Certain land located in the Prescott National Forest,
including the ``Friendly Pines'', ``Patterdale Pines'', ``Camp
Pearlstein'', ``Pine Summit'', and ``Sky Y'' camps,
cumulatively comprising approximately 200 acres, as generally
depicted on the map entitled ``Yavapai Ranch Land Exchange,
Prescott Federal Lands, Summer Youth Camp Parcels'', dated
April 2002.
(b) Condition of Conveyance of Camp Verde Parcel.--(1) To conserve
water in the Verde Valley, Arizona, and to minimize the adverse impacts
from future development of the Camp Verde General Crook parcel
described in subsection (a)(4) on current and future holders of water
rights in existence of the date of enactment of this subtitle and the
Verde River and National Forest System lands retained by the United
States, the United States shall limit in perpetuity the use of water on
the parcel by reserving conservation easements that--
(A) run with the land;
(B) prohibit golf course development on the parcel;
(C) require that any public park or greenbelt on the parcel
be watered with treated wastewater;
(D) limit total post-exchange water use on the parcel to
not more than 300 acre-feet of water per year;
(E) provide that any water supplied by municipalities or
private water companies shall count towards the post-exchange
water use limitation described in subparagraph (D); and
(F) except for water supplied to the parcel by municipal
water service providers or private water companies, require
that any water used for the parcel not be withdrawn from wells
perforated in the saturated Holocene alluvium of the Verde
River.
(2) If Yavapai Ranch conveys the Camp Verde parcel described in
subsection (a)(4), or any portion thereof, the terms of conveyance
shall include a recorded and binding agreement of the quantity of water
available for use on the land conveyed, as determined by Yavapai Ranch,
except that total water use on the Camp Verde parcel may not exceed the
amount specified in paragraph (1)(D).
(3) The Secretary may enter into a memorandum of understanding with
the State or political subdivision of the State to enforce the terms of
the conservation easement.

SEC. 1715. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.

(a) In General.--Land acquired by the United States under this
subtitle shall become part of the Prescott National Forest and shall be
administered by the Secretary in accordance with this subtitle and the
laws applicable to the National Forest System.
(b) Grazing.--Where grazing on non-Federal land acquired by the
Secretary under this subtitle occurs prior to the date of enactment of
this Act, the Secretary may manage the land to allow for continued
grazing use, in accordance with the laws generally applicable to
domestic livestock grazing on National Forest System land.
(c) Timber Harvesting.--(1) After completion of the land exchange
under this subtitle, except as provided in paragraph (2), commercial
timber harvesting shall be prohibited on the non-Federal land acquired
by the United States.
(2) Timber harvesting may be conducted on the non-Federal land
acquired under this subtitle if the Secretary determines that such
harvesting is necessary--
(A) to prevent or control fires, insects, and disease
through forest thinning or other forest management techniques;
(B) to protect or enhance grassland habitat, watershed
values, native plants and wildlife species; or
(C) to improve forest health.

SEC. 1716. MISCELLANEOUS PROVISIONS.

(a) Revocation of Orders.--Any public orders withdrawing any of the
Federal land from appropriation or disposal under the public land laws
are revoked to the extent necessary to permit disposal of the Federal
land.
(b) Withdrawal of Federal Land.--Subject to valid existing rights,
the Federal land is withdrawn from all forms of entry and appropriation
under the public land laws; location, entry, and patent under the
mining laws; and operation of the mineral leasing and geothermal
leasing laws, until the date on which the land exchange is completed.
(c) Completion of Exchange.--It is the intent of Congress that the
land exchange authorized and directed under this subtitle be completed
not later than 18 months after the date of enactment of this Act.

SEC. 1717. CONVEYANCE OF ADDITIONAL LAND.

(a) In General--The Secretary shall convey to a person that
represents the majority of landowners with encroachments on the lot by
quitclaim deed the parcel of land described in subsection (b).
(b) Description of Land.--The parcel of land referred to in
subsection (a) is lot 8 in section 11, T. 21 N., R. 7 E., Gila and Salt
River Base and Meridian, Coconino County, Arizona.
(c) Amount of Consideration.--In exchange for the land described in
subsection (b), the person acquiring the land shall pay to the
Secretary consideration in the amount of--
(1) $2500; plus
(2) any costs of re-monumenting the boundary of land.
(d) Timing.--(1) Not later than 90 days after the date on which the
Secretary receives a power of attorney executed by the person acquiring
the land, the Secretary shall convey to the person the land described
in subsection (b).
(2) If, by the date that is 270 days after the date of enactment of
this Act, the Secretary does not receive the power of attorney
described in paragraph (1)--
(A) the authority provided under this section shall
terminate; and
(B) any conveyance of the land shall be made under Public
Law 97-465 (16 U.S.C. 521c et seq.).

Subtitle B--Verde River Basin Partnership

SEC. 1721. PURPOSE.

The purpose of this subtitle is to authorize assistance for a
collaborative and science-based water resource planning and management
partnership for the Verde River Basin in the State of Arizona,
consisting of members that represent--
(1) Federal, State, and local agencies; and
(2) economic, environmental, and community water interests
in the Verde River Basin.

SEC. 1722. DEFINITIONS.

In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the Arizona Department of Water Resources.
(2) Partnership.--The term ``Partnership'' means the Verde
River Basin Partnership.
(3) Plan.--The term ``plan'' means the plan for the Verde
River Basin required by section 1724(a)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means the State of Arizona.
(6) Verde river basin.--The term ``Verde River Basin''
means the land area designated by the Arizona Department of
Water Resources as encompassing surface water and groundwater
resources, including drainage and recharge areas with a
hydrologic connection to the Verde River.
(7) Water budget.--The term ``water budget'' means the
accounting of--
(A) the quantities of water leaving the Verde River
Basin--
(i) as discharge to the Verde River and
tributaries;
(ii) as subsurface outflow;
(iii) as evapotranspiration by riparian
vegetation;
(iv) as surface evaporation;
(v) for agricultural use; and
(vi) for human consumption; and
(B) the quantities of water replenishing the Verde
River Basin by precipitation, infiltration, and
subsurface inflows.

SEC. 1723. VERDE RIVER BASIN PARTNERSHIP.

(a) In General.--The Secretary may participate in the establishment
of a partnership, to be known as the ``Verde River Basin Partnership'',
made up of Federal, State, local governments, and other entities with
responsibilities and expertise in water to coordinate and cooperate in
the identification and implementation of comprehensive science-based
policies, projects, and management activities relating to the Verde
River Basin.
(b) Authorization of Appropriations.--On establishment of the
Partnership, there are authorized to be appropriated to the Secretary
and the Secretary of the Interior such sums as are necessary to carry
out the activities of the Partnership for each of fiscal years 2005
through 2009.

SEC. 1724. VERDE RIVER BASIN STUDIES.

(a) Studies.--
(1) In general.--The Partnership shall prepare a plan for
conducting water resource studies in the Verde River Basin that
identifies--
(A) the primary study objectives to fulfill water
resource planning and management needs for the Verde
River Basin; and
(B) the water resource studies, hydrologic models,
surface and groundwater monitoring networks, and other
analytical tools helpful in the identification of long-
term water supply management options within the Verde
River Basin.
(2) Requirements.--At a minimum, the plan shall--
(A) include a list of specific studies and analyses
that are needed to support Partnership planning and
management decisions;
(B) identify any ongoing or completed water
resource or riparian studies that are relevant to water
resource planning and management for the Verde River
Basin;
(C) describe the estimated cost and duration of the
proposed studies and analyses; and
(D) designate as a study priority the compilation
of a water budget analysis for the Verde Valley.
(b) Verde Valley Water Budget Analysis.--
(1) In general.--Subject to the availability of
appropriations, not later than 14 months after the date of
enactment of this Act, the Director of the U.S. Geological
Survey, in cooperation with the Director, shall prepare and
submit to the Partnership a report that provides a water budget
analysis of the portion of the Verde River Basin within the
Verde Valley.
(2) Components.--The report submitted under paragraph (1)
shall include--
(A) a summary of the information available on the
hydrologic flow regime for the portion of the Middle
Verde River from the Clarkdale streamgauging station to
the city of Camp Verde at United States Geological
Survey Stream Gauge 09506000;
(B) with respect to the portion of the Middle Verde
River described in subparagraph (A), estimates of--
(i) the inflow and outflow of surface water
and groundwater;
(ii) annual consumptive water use; and
(iii) changes in groundwater storage; and
(C) an analysis of the potential long-term
consequences of various water use scenarios on
groundwater levels and Verde River flows.
(c) Preliminary Report and Recommendations.--.
(1) In general.--Not later than 16 months after the date of
enactment of this Act, using the information provided in the
report submitted under subsection (b) and any other relevant
information, the Partnership shall submit to the Secretary, the
Governor of Arizona, and representatives of the Verde Valley
communities, a preliminary report that sets forth the findings
and recommendations of the Partnership regarding the long-term
available water supply within the Verde Valley.
(2) Consideration of recommendations.--The Secretary may
take into account the recommendations included in the report
submitted under paragraph (1) with respect to decisions
affecting land under the jurisdiction of the Secretary,
including any future sales or exchanges of Federal land in the
Verde River Basin after the date of enactment of this Act.
(3) Effect.--Any recommendations included in the report
submitted under paragraph (1) shall not affect the land
exchange process or the appraisals of the Federal land and non-
Federal land conducted under sections 103 and 104.

SEC. 1725. VERDE RIVER BASIN PARTNERSHIP FINAL REPORT.

Not later than 4 years after the date of enactment of this Act, the
Partnership shall submit to the Secretary and the Governor of Arizona a
final report that--
(1) includes a summary of the results of any water resource
assessments conducted under this subtitle in the Verde River
Basin;
(2) identifies any areas in the Verde River Basin that are
determined to have groundwater deficits or other current or
potential water supply problems;
(3) identifies long-term water supply management options
for communities and water resources within the Verde River
Basin; and
(4) identifies water resource analyses and monitoring
needed to support the implementation of management options.

SEC. 1726. MEMORANDUM OF UNDERSTANDING.

The Secretary (acting through the Chief of the Forest Service) and
the Secretary of the Interior, shall enter into a memorandum of
understanding authorizing the United States Geological Survey to access
Forest Service land (including stream gauges, weather stations, wells,
or other points of data collection on the Forest Service land) to carry
out this subtitle.

SEC. 1727. EFFECT.

Nothing in this title diminishes or expands State or local
jurisdiction, responsibilities, or rights with respect to water
resource management or control.

TITLE XVIII--PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2004

SEC. 1801. SHORT TITLE.

This title may be cited as the ``Pactola Reservoir Reallocation
Authorization Act of 2004''.

SEC. 1802. FINDINGS.

Congress finds that--
(1) it is appropriate to reallocate the costs of the
Pactola Dam and Reservoir, South Dakota, to reflect increased
demands for municipal, industrial, and fish and wildlife
purposes; and
(2) section 302 of the Department of Energy Organization
Act (42 U.S.C. 7152) prohibits such a reallocation of costs
without congressional approval.

SEC. 1803. REALLOCATION OF COSTS OF PACTOLA DAM AND RESERVOIR, SOUTH
DAKOTA.

The Secretary of the Interior may, as provided in the contract of
August 2001 entered into between Rapid City, South Dakota, and the
Rapid Valley Conservancy District, reallocate, in a manner consistent
with 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.)), the construction costs of Pactola Dam and
Reservoir, Rapid Valley Unit, Pick-Sloan Missouri Basin Program, South
Dakota, from irrigation purposes to municipal, industrial, and fish and
wildlife purposes.

Amend the title so as to read: ``An Act to authorize the
Secretary of the Interior to provide supplemental funding and
other services that are necessary to assist certain local
school districts in the State of California in providing
educational services for students attending schools located
within Yosemite National Park, to authorize the Secretary of
the Interior to adjust the boundaries of the Golden Gate
National Recreation Area, and for other purposes.''.

Attest:

Secretary.
108th CONGRESS

2d Session

H. R. 620

_______________________________________________________________________

AMENDMENTS