II
Calendar No. 424
110th CONGRESS
1st Session
S. 2179
IN THE SENATE OF THE UNITED STATES
October 17, 2007
Mr. Bingaman introduced the following bill; which was read the first time
October 18, 2007
Read the second time and placed on the calendar
A BILL
To authorize certain programs and activities in the Forest Service, the Department of the Interior, and the Department of Energy, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the National Forests, Parks, Public
Land, and Reclamation Projects Authorization Act of
2007
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Forest Service authorizations
Sec. 101. Wild Sky Wilderness.
Sec. 102. Designation of national recreational trail, Willamette National Forest, Oregon, in honor of Jim Weaver, a former Member of the House of Representatives.
TITLE II—Bureau of Land Management authorizations
Sec. 201. Piedras Blancas Historic Light Station.
TITLE III—National Park Service authorizations
Subtitle A—Cooperative agreements
Sec. 301. Cooperative agreements for national park natural resource protection.
Subtitle B—Carl Sandburg Home National Historic Site
Sec. 311. Carl Sandburg Home National Historic Site boundary adjustment.
Subtitle C—Studies
Sec. 321. National Park System special resource study, Newtonia Civil War Battlefields, Missouri.
Sec. 322. National Park Service study regarding the Soldiers' Memorial Military Museum.
Sec. 323. Columbia-Pacific National Heritage Area study.
Subtitle D—Memorials, Commissions, and Museums
Sec. 331. Commemorative work to honor Brigadier General Francis Marion and his family.
Sec. 332. Extension of authority for establishing disabled veterans memorial.
Sec. 333. Commission to Study the Potential Creation of a National Museum of the American Latino.
Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration Commission.
Sec. 335. Sense of Congress regarding the designation of the National Museum of Wildlife Art of the United States.
Subtitle E—Trails and rivers
Sec. 341. Authorization and administration of Star-Spangled Banner National Historic Trail.
Sec. 342. Land conveyance, Lewis and Clark National Historic Trail, Nebraska.
Sec. 343. Wild and Scenic River designation, Eightmile River, Connecticut.
TITLE IV—Bureau of Reclamation and United States Geological Survey authorizations
Sec. 401. Alaska water resources study.
Sec. 402. Renegotiation of payment schedule, Redwood Valley County Water District.
Sec. 403. American River Pump Station Project transfer.
Sec. 404. Arthur V. Watkins Dam enlargement.
Sec. 405. New Mexico water planning assistance.
Sec. 406. Conveyance of certain buildings and lands of the Yakima Project, Washington.
Sec. 407. Conjunctive use of surface and groundwater in Juab County, Utah.
Sec. 408. Early repayment of A & B Irrigation District construction costs.
TITLE V—Department of Energy authorizations
Sec. 501. Energy technology transfer.
Sec. 502. Amendments to the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988.
Forest Service authorizations
Wild Sky Wilderness
Additions to the National Wilderness Preservation System
Additions
The
following Federal lands in the State of Washington are hereby designated as
wilderness and, therefore, as components of the National Wilderness
Preservation System: certain lands which comprise approximately 106,000 acres,
as generally depicted on a map entitled Wild Sky Wilderness
Proposal
and dated February 6, 2007, which shall be known as the
Wild Sky Wilderness
.
Map and Legal Descriptions
As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this section with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. The map and description shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture.
Administration provisions
In General
Subject to valid existing rights, lands designated as wilderness by this section shall be managed by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section, except that, with respect to any wilderness areas designated by this section, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act.
To fulfill the purposes of this section and the Wilderness Act and to achieve administrative efficiencies, the Secretary of Agriculture may manage the area designated by this section as a comprehensive part of the larger complex of adjacent and nearby wilderness areas.
New Trails
The Secretary of Agriculture shall consult with interested parties and shall establish a trail plan for Forest Service lands in order to develop—
a system of hiking and equestrian trails within the wilderness designated by this section in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.); and
a system of trails adjacent to or to provide access to the wilderness designated by this section.
Within 2 years after the date of enactment of this Act, the Secretary of Agriculture shall complete a report on the implementation of the trail plan required under this section. This report shall include the identification of priority trails for development.
Repeater Site
Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County telecommunications repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communications for safety, health, and emergency services.
Float Plane Access
As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel, where such use has already become established, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines to be desirable.
Evergreen Mountain Lookout
The designation under this section shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance of such lookout was occurring as of the date of enactment of this Act.
Authorization for land acquisition
In General
The Secretary of Agriculture is authorized to acquire
lands and interests therein, by purchase, donation, or exchange, and shall give
priority consideration to those lands identified as Priority Acquisition
Lands
on the map described in subsection (a)(1). The boundaries of the
Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness shall be
adjusted to encompass any lands acquired pursuant to this section.
Access
Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall ensure adequate access to private inholdings within the Wild Sky Wilderness.
Appraisal
Valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area as a result of this section.
Land exchanges
The Secretary of
Agriculture shall exchange lands and interests in lands, as generally depicted
on a map entitled Chelan County Public Utility District Exchange
and dated May 22, 2002, with the Chelan County Public Utility District in
accordance with the following provisions:
If the Chelan County Public Utility District, within 90 days after the date of enactment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres within the Mt. Baker-Snoqualmie National Forest in the State of Washington, the Secretary shall accept such lands.
Upon acceptance of title by the Secretary of Agriculture to such lands and interests therein, the Secretary of Agriculture shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing telemetry site to monitor snow pack on 1.82 acres on the Wenatchee National Forest in the State of Washington.
The exchange directed by this section shall be consummated if Chelan County Public Utility District conveys title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary.
In the event Chelan County Public Utility District determines there is no longer a need to maintain a telemetry site to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be notified in writing and the easement shall be extinguished and all rights conveyed by this exchange shall revert to the United States.
Designation of national recreational trail, Willamette National Forest, Oregon, in honor of Jim Weaver, a former Member of the House of Representatives
Designation
Forest
Service trail number 3590 in the Willamette National Forest in Lane County,
Oregon, which is a 19.6 mile trail that begins and ends at North Waldo
Campground and circumnavigates Waldo Lake, is hereby designated as a national
recreation trail under section 4 of the National Trails System Act (16 U.S.C.
1243) and shall be known as the Jim Weaver Loop Trail
.
Interpretive Sign
Using funds available for the Forest Service, the Secretary of Agriculture shall prepare, install, and maintain an appropriate sign at the trailhead of the Jim Weaver Loop Trail to indicate the name of the trail and to provide information regarding the life and career of Congressman Jim Weaver.
Bureau of Land Management authorizations
Piedras Blancas Historic Light Station
Definitions
In this section:
Light Station
The term Light Station means Piedras Blancas Light Station.
Outstanding Natural Area
The term Outstanding Natural Area means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to subsection (c).
Public lands
The term public lands has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1703(e)).
Secretary
The term Secretary means the Secretary of the Interior.
Findings
Congress finds as follows:
The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations.
The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world.
The Light Station tells an important story about California’s coastal prehistory and history in the context of the surrounding region and communities.
The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes.
The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California.
The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups.
Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interior’s Bureau of Land Management.
Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States.
Designation of the Piedras Blancas Historic Light Station Outstanding Natural Area
In General
In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area.
Maps and Legal Descriptions
The boundaries of the Outstanding Natural Area as
those shown on the map entitled Piedras Blancas Historic Light Station:
Outstanding Natural Area
, dated May 5, 2004, which shall be on file and
available for public inspection in the Office of the Director, Bureau of Land
Management, United States Department of the Interior, and the State office of
the Bureau of Land Management in the State of California.
Basis of Management
The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable laws.
Withdrawal
Subject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the public land mining laws; and
operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.
Management of the Piedras Blancas Historic Light Station Outstanding Natural Area
In general
The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements of subsection (c)(3).
Uses
Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in subsection (c)(1).
Management plan
Not later than 3 years after of the date of enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in subsection (c)(1). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the contents shall include—
provisions designed to ensure the protection of the resources and values described in subsection (c)(1);
objectives to restore the historic Light Station and ancillary buildings;
an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community;
a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in paragraph (1) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and
cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding Natural Area.
Cooperative agreements
In order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 (43 U.S.C. 1737(b)).
Research activities
In order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in subsection (c)(1) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)).
Acquisition
State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by—
donation;
exchange with a willing party; or
purchase from a willing seller.
Additions to the Outstanding Natural Area
Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Outstanding Natural Area.
Overflights
Nothing in this section or the management plan shall be construed to—
restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area;
restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or
modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary.
Law enforcement activities
Nothing in this section shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area.
Native american uses and interests
In recognition of the past use of the
Outstanding Natural Area by Indians and Indian tribes for traditional cultural
and religious purposes, the Secretary shall ensure access to the Outstanding
Natural Area by Indians and Indian tribes for such traditional cultural and
religious purposes. In implementing this subsection, the Secretary, upon the
request of an Indian tribe or Indian religious community, shall temporarily
close to the general public use of one or more specific portions of the
Outstanding Natural Area in order to protect the privacy of traditional
cultural and religious activities in such areas by the Indian tribe or Indian
religious community. Any such closure shall be made to affect the smallest
practicable area for the minimum period necessary for such purposes. Such
access shall be consistent with the purpose and intent of Public Law 95–341
(42 U.S.C. 1996 et
seq.; commonly referred to as the American Indian
Religious Freedom Act
).
No buffer zones
The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this section can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
National Park Service authorizations
Cooperative agreements
Cooperative agreements for national park natural resource protection
In General
The Secretary of the
Interior (referred to in this section as the Secretary
) may
enter into cooperative agreements with State, local, or tribal governments,
other Federal agencies, other public entities, educational institutions,
private nonprofit organizations, or participating private landowners for the
purpose of protecting natural resources of units of the National Park System
through collaborative efforts on land inside and outside of National Park
System units.
Terms and Conditions
A cooperative agreement entered into under subsection (a) shall provide clear and direct benefits to park natural resources and—
provide for—
the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands;
preventing, controlling, or eradicating invasive exotic species that are within a unit of the National Park System or adjacent to a unit of the National Park System; or
restoration of natural resources, including native wildlife habitat or ecosystems;
include a statement of purpose demonstrating how the agreement will—
enhance science-based natural resource stewardship at the unit of the National Park System; and
benefit the parties to the agreement;
specify any staff required and technical assistance to be provided by the Secretary or other parties to the agreement in support of activities inside and outside the unit of the National Park System that will—
protect natural resources of the unit of the National Park System; and
benefit the parties to the agreement;
identify any materials, supplies, or equipment and any other resources that will be contributed by the parties to the agreement or by other Federal agencies;
describe any financial assistance to be provided by the Secretary or the partners to implement the agreement;
ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to support the purposes of natural resource stewardship at a unit of the National Park System; and
include such other terms and conditions as are agreed to by the Secretary and the other parties to the agreement.
Limitations
The Secretary shall not use any funds associated with an agreement entered into under subsection (a) for the purposes of land acquisition, regulatory activity, or the development, maintenance, or operation of infrastructure, except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities identified in the agreement.
Authorization of Appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Carl Sandburg Home National Historic Site
Carl Sandburg Home National Historic Site boundary adjustment
Definitions
In this section:
Historic site
The term Historic Site means Carl Sandburg Home National Historic Site.
Map
The
term map means the map entitled Sandburg Center
Alternative
numbered 445/80,017 and dated April 2007.
Secretary
The term Secretary means the Secretary of the Interior.
Acquisition authority
The Secretary may acquire from willing sellers by donation, purchase with donated or appropriated funds, or exchange not more than 110 acres of land, water, or interests in land and water, within the area depicted on the map, to be added to the Historic Site.
Visitor center
To preserve the historic character and landscape of the site, the Secretary may also acquire up to five acres for the development of a visitor center and visitor parking area adjacent to or in the general vicinity of the Historic Site.
Boundary revision
Upon acquisition of any land or interest in land under this section, the Secretary shall revise the boundary of the Historic Site to reflect the acquisition.
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Administration
Land added to the Historic Site by this section shall be administered as part of the Historic Site in accordance with applicable laws and regulations.
Studies
National Park System special resource study, Newtonia Civil War Battlefields, Missouri
Special resource study
The Secretary of the Interior shall conduct a special resource study relating to the First Battle of Newtonia in Newton County, Missouri, which occurred on September 30, 1862, and the Second Battle of Newtonia, which occurred on October 28, 1864, during the Missouri Expedition of Confederate General Sterling Price in September and October 1864.
Contents
In conducting the study under subsection (a), the Secretary shall—
evaluate the national significance of the Newtonia battlefields and their related sites;
consider the
findings and recommendations contained in the document entitled Vision
Plan for Newtonia Battlefield Preservation
and dated June 2004, which
was prepared by the Newtonia Battlefields Protection Association;
evaluate the suitability and feasibility of adding the battlefields and related sites as part of Wilson’s Creek National Battlefield or designating the battlefields and related sites as a unit of the National Park System;
analyze the potential impact that the inclusion of the battlefields and related sites as part of Wilson’s Creek National Battlefield or their designation as a unit of the National Park System is likely to have on land within or bordering the battlefields and related sites that is privately owned at the time of the study is conducted;
consider alternatives for preservation, protection, and interpretation of the battlefields and related sites by the National Park Service, other Federal, State, or local governmental entities, or private and nonprofit organizations; and
identify cost estimates for any necessary acquisition, development, interpretation, operation, and maintenance associated with the alternatives referred to in paragraph (5).
Criteria
The criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of Public Law 91–383 (16 U.S.C. 1a–5) shall apply to the study under subsection (a).
Transmission to congress
Not later than three years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing—
the results of the study; and
any conclusions and recommendations of the Secretary.
National Park Service study regarding the Soldiers' Memorial Military Museum
Findings
Congress finds as follows:
The Soldiers' Memorial is a tribute to all veterans located in the greater St. Louis area, including Southern Illinois.
The current annual budget for the memorial is $185,000 and is paid for exclusively by the City of St. Louis.
In 1923, the City of St. Louis voted to spend $6,000,000 to purchase a memorial plaza and building dedicated to citizens of St. Louis who lost their lives in World War I.
The purchase of the 7 block site exhausted the funds and no money remained to construct a monument.
In 1933, Mayor Bernard F. Dickmann appealed to citizens and the city government to raise $1,000,000 to construct a memorial building and general improvement of the plaza area and the construction of Soldiers' Memorial began on October 21, 1935.
On October 14, 1936, President Franklin D. Roosevelt officially dedicated the site.
On Memorial Day in 1938, Mayor Dickmann opened the building to the public.
Study
The Secretary of the Interior shall carry out a study to determine the suitability and feasibility of designating the Soldiers' Memorial Military Museum, located at 1315 Chestnut, St. Louis, Missouri, as a unit of the National Park System.
Study process and completion
Section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) shall apply to the conduct and completion of the study required by this section.
Report
The Secretary shall submit a report describing the results the study required by this section to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
Columbia-Pacific National Heritage Area study
Definitions
In this section:
Secretary
The term Secretary means the Secretary of the Interior.
Study area
The term study area means—
the coastal areas of Clatsop and Pacific Counties (also known as the North Beach Peninsula); and
areas relating to Native American history, local history, Euro-American settlement culture, and related economic activities of the Columbia River within a corridor along the Columbia River eastward in Clatsop, Pacific, Columbia, and Wahkiakum Counties.
Columbia-Pacific national heritage area study
In General
The Secretary, in consultation with the managers of any Federal land within the study area, appropriate State and local governmental agencies, tribal governments, and any interested organizations, shall conduct a study to determine the feasibility of designating the study area as the Columbia-Pacific National Heritage Area.
Requirements
The study shall include analysis, documentation, and determinations on whether the study area—
has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities;
reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story;
provides outstanding opportunities to conserve natural, historic, cultural, or scenic features;
provides outstanding recreational and educational opportunities;
contains resources important to the identified theme or themes of the study area that retain a degree of integrity capable of supporting interpretation;
includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area;
has a potential local coordinating entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and
has a conceptual boundary map that is supported by the public.
Private property
In conducting the study required by this subsection, the Secretary shall analyze the potential impact that designation of the area as a national heritage area is likely to have on land within the proposed area or bordering the proposed area that is privately owned at the time that the study is conducted.
Report
Not later than 3 fiscal years after the date on which funds are made available to carry out the study, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the findings, conclusions, and recommendations of the Secretary with respect to the study.
Memorials, Commissions, and Museums
Commemorative work to honor Brigadier General Francis Marion and his family
Findings
The Congress finds the following:
Francis Marion was born in 1732 in St. John’s Parish, Berkeley County, South Carolina. He married Mary Esther Videau on April 20th, 1786. Francis and Mary Esther Marion had no children, but raised a son of a relative as their own, and gave the child Francis Marion’s name.
Brigadier General Marion commanded the Williamsburg Militia Revolutionary force in South Carolina and was instrumental in delaying the advance of British forces by leading his troops in disrupting supply lines.
Brigadier General
Marion’s tactics, which were unheard of in rules of warfare at the time,
included lightning raids on British convoys, after which he and his forces
would retreat into the swamps to avoid capture. British Lieutenant Colonel
Tarleton stated that as for this damned old swamp fox, the devil himself
could not catch him
. Thus, the legend of the Swamp Fox
was born.
His victory at the Battle of Eutaw Springs in September of 1781 was officially recognized by Congress.
Brigadier General Marion’s troops are believed to be the first racially integrated force fighting for the United States, as his band was a mix of Whites, Blacks, both free and slave, and Native Americans.
As a statesman, he represented his parish in the South Carolina senate as well as his State at the Constitutional Convention.
Although the Congress has authorized the establishment of commemorative works on Federal lands in the District of Columbia honoring such celebrated Americans as George Washington, Thomas Jefferson, and Abraham Lincoln, the National Capital has no comparable memorial to Brigadier General Francis Marion for his bravery and leadership during the Revolutionary War, without which the United States would not exist.
Brigadier General Marion’s legacy must live on. Since 1878, United States Reservation 18 has been officially referred to as Marion Park. Located between 4th and 6th Streets, S.E., at the intersection of E Street and South Carolina Avenue, S.E., in Washington, DC, the park lacks a formal commemoration to this South Carolina hero who was important to the initiation of the Nation’s heritage.
The time has come to correct this oversight so that future generations of Americans will know and understand the preeminent historical and lasting significance to the Nation of Brigadier General Marion’s contributions. Such a South Carolina hero deserves to be given the proper recognition.
Authority To establish commemorative work
The Marion Park Project, a committee of the Palmetto Conservation Foundation, may establish a commemorative work on Federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion and his service.
Compliance with standards for commemorative works
The commemorative work
authorized by subsection (b) shall be established in accordance with
chapter 89 of title 40,
United States Code (commonly known as the Commemorative Works
Act
).
Use of federal funds prohibited
Federal funds may not be used to pay any expense of the establishment of the commemorative work authorized by subsection (b). The Marion Park Project, a committee of the Palmetto Conservation Foundation, shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of that commemorative work.
Deposit of excess funds
If, upon payment of all expenses of the establishment of the commemorative work authorized by subsection (b) (including the maintenance and preservation amount provided for in section 8906(b) of title 40, United States Code), or upon expiration of the authority for the commemorative work under chapter 89 of title 40, United States Code, there remains a balance of funds received for the establishment of that commemorative work, the Marion Park Project, a committee of the Palmetto Conservation Foundation, shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(1) of such title.
Definitions
For the purposes of this section, the terms commemorative work and the District of Columbia and its environs have the meanings given to such terms in section 8902(a) of title 40, United States Code.
Extension of authority for establishing disabled veterans memorial
Public Law 106–348 is amended—
in subsection (b)—
by striking
The establishment
and inserting Except as provided in
subsection (e), the establishment
; and
by striking
the Commemorative Works Act (40 U.S.C. 1001 et seq.)
and
inserting chapter 89 of title 40, United States Code
;
in subsection (d)—
by striking
section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b))
and inserting section 8906 of title 40, United States
Code
;
by striking
or upon expiration of the authority for the memorial under section 10(b)
of such Act (40 U.S.C. 1010(b)),
; and
by striking
section 8(b)(1) of such Act (40 U.S.C. 1008(b)(1)
and
inserting 8906(b)(2) or (3) of such title
; and
by adding at the end the following new subsection:
Termination of authority
Notwithstanding section 8903(e) of title 40, United States Code, the authority to establish a memorial under this section shall expire on October 24, 2015.
.
Commission to Study the Potential Creation of a National Museum of the American Latino
Establishment of Commission
In general
There is established the Commission to Study the
Potential Creation of a National Museum of the American Latino (hereafter in
this section referred to as the Commission
).
Membership
The Commission shall consist of 23 members appointed not later than 6 months after the date of enactment of this Act as follows:
The President shall appoint 7 voting members.
The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 3 voting members.
In addition to the members appointed under subparagraph (B), the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 1 nonvoting member.
Qualifications
Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either—
a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with—
expertise in museum administration;
expertise in fundraising for nonprofit or cultural institutions;
experience in the study and teaching of Latino culture and history at the post-secondary level;
experience in studying the issue of the Smithsonian Institution’s representation of American Latino art, life, history, and culture; or
extensive experience in public or elected service; or
experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history.
Functions of the Commission
Plan of action for establishment and maintenance of Museum
The Commission shall
submit a report to the President and the Congress containing its
recommendations with respect to a plan of action for the establishment and
maintenance of a National Museum of the American Latino in Washington, DC
(hereafter in this section referred to as the Museum
).
Fundraising plan
The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community.
Report on issues
The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues:
The availability and cost of collections to be acquired and housed in the Museum.
The impact of the Museum on regional Hispanic- and Latino-related museums.
Possible locations for the Museum in Washington, DC and its environs, to be considered in consultation with the National Capital Planning Commission and the Commission of Fine Arts, the Department of the Interior and Smithsonian Institution.
Whether the Museum should be located within the Smithsonian Institution.
The governance and organizational structure from which the Museum should operate.
How to engage the American Latino community in the development and design of the Museum.
The cost of constructing, operating, and maintaining the Museum.
Legislation To carry out plan of action
Based on the recommendations contained in the report submitted under paragraph (1) and the report submitted under paragraph (3), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate recommendations for a legislative plan of action to create and construct the Museum.
National conference
In carrying out its functions under this section, the Commission may convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 18 months after the commission members are selected.
Administrative provisions
Facilities and support of department of the interior
The Department of the Interior shall provide from funds appropriated for this purpose administrative services, facilities, and funds necessary for the performance of the Commission’s functions. These funds shall be made available prior to any meetings of the Commission.
Compensation
Each member of the Commission who is not an officer or employee of the Federal Government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior.
Travel expenses
Each member shall be entitled to travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
Federal advisory committee act
The Commission is not subject to the provisions of the Federal Advisory Committee Act.
Deadline for submission of reports; termination
Deadline
The Commission shall submit final versions of the reports and plans required under subsection (b) not later than 24 months after the date of the Commission’s first meeting.
Termination
The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to paragraph (1).
Authorization of appropriations
There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for the first fiscal year beginning after the date of enactment of this Act and $1,100,000 for the second fiscal year beginning after the date of enactment of this Act.
Hudson-Fulton-Champlain Quadricentennial Commemoration Commission
Coordination
Each commission established under this section shall coordinate with the other respective commission established under this section to ensure that commemorations of Henry Hudson, Robert Fulton, and Samuel de Champlain are—
consistent with the plans and programs of the commemorative commissions established by the States of New York and Vermont; and
well-organized and successful.
Definitions
In this section:
Champlain commemoration
The term Champlain commemoration means the commemoration of the 400th anniversary of the voyage of Samuel de Champlain.
Champlain Commission
The term Champlain Commission means the Champlain Quadricentennial Commemoration Commission established by subsection (c)(1).
Commission
The term Commission means each of the Champlain Commission and the Hudson-Fulton Commission.
Hudson-Fulton commemoration
The term Hudson-Fulton commemoration means the commemoration of—
the 200th anniversary of the voyage of Robert Fulton in the Clermont; and
the 400th anniversary of the voyage of Henry Hudson in the Half Moon.
Hudson-Fulton commission
The term Hudson-Fulton Commission means the Hudson-Fulton 400th Commemoration Commission established by subsection (d)(1).
Lake Champlain Basin Program
The term Lake Champlain Basin
Program means the partnership established by section 120 of the Federal
Water Pollution Control Act (33 U.S.C. 1270) between the States of New York and
Vermont and Federal agencies to carry out the Lake Champlain management plan
entitled, Opportunities for Action: An Evolving Plan for the Lake
Champlain Basin
.
Secretary
The term Secretary means the Secretary of the Interior.
Establishment of Champlain Commission
In general
There is established a commission to be known as the
Champlain Quadricentennial Commemoration Commission
.
Membership
Composition
The Champlain Commission shall be composed of 10 members, of whom—
1 member shall be the Director of the National Park Service (or a designee);
4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—
serving as members of the Hudson-Fulton-Champlain Quadricentennial Commission of the State of New York; and
residents of Champlain Valley, New York;
4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—
serving as members of the Lake Champlain Quadricentennial Commission of the State of Vermont; and
residents of the State of Vermont; and
1 member shall be appointed by the Secretary, and shall be an individual who has—
an interest in, support for, and expertise appropriate with respect to, the Champlain commemoration; and
knowledge relating to the history of the Champlain Valley.
Term; vacancies
Term
A member of the Champlain Commission shall be appointed for the life of the Champlain Commission.
Vacancies
A vacancy on the Champlain Commission shall be filled in the same manner in which the original appointment was made.
Duties
The Champlain Commission shall—
plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain;
facilitate activities relating to the Champlain Quadricentennial throughout the United States;
coordinate the activities of the Champlain Commission with—
State commemoration commissions;
appropriate Federal agencies;
the Lake Champlain Basin Program;
the National Endowment for the Arts; and
the Smithsonian Institution;
encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyage of Samuel de Champlain;
provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration;
coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyage of Samuel de Champlain;
ensure that the Champlain 2009 anniversary provides a lasting legacy and a long-term public benefit by assisting in the development of appropriate programs and facilities;
help ensure that the observances of the voyage of Samuel de Champlain are inclusive and appropriately recognize the experiences and heritage of all people present when Samuel de Champlain arrived in the Champlain Valley; and
consult and coordinate with the Lake Champlain Basin Program and other relevant organizations to plan and develop programs and activities to commemorate the voyage of Samuel de Champlain.
Establishment of Hudson-Fulton Commission
Establishment
There
is established a commission to be known as the Hudson-Fulton 400th
Commemoration Commission
.
Membership
Composition
The Hudson-Fulton Commission shall be composed of 15 members, of whom—
1 member shall be the Director of the National Park Service (or a designee);
1 member shall be appointed by the Secretary, after considering the recommendation of the Governor of the State of New York;
6 members shall be appointed by the Secretary, after considering the recommendations of the Members of the House of Representatives whose districts encompass the Hudson River Valley;
2 members shall be appointed by the Secretary, after considering the recommendations of the Members of the Senate from the State of New York;
2 members shall be—
appointed by the Secretary; and
individuals who have an interest in, support for, and expertise appropriate with respect to, the Hudson-Fulton commemoration, of whom—
1 member shall be an individual with expertise in the Hudson River Valley National Heritage Area; and
1 member shall be an individual with expertise in the State of New York, as it relates to the Hudson-Fulton commemoration;
1 member shall be the Chairperson of a commemorative commission formed by the State of New York (or the designee of the Chairperson); and
2 members shall be appointed by the Secretary, after—
considering the recommendation of the Mayor of the city of New York; and
consulting the Members of the House of Representatives whose districts encompass the city of New York.
Term; vacancies
Term
A member of the Hudson-Fulton Commission shall be appointed for the life of the Hudson-Fulton Commission.
Vacancies
A vacancy on the Hudson-Fulton Commission shall be filled in the same manner in which the original appointment was made.
Duties
The Hudson-Fulton Commission shall—
plan, develop, and execute programs and activities appropriate to commemorate—
the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River; and
the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis;
facilitate activities relating to the Hudson-Fulton-Champlain Quadricentennial throughout the United States;
coordinate the activities of the Hudson-Fulton Commission with—
State commemoration commissions;
appropriate Federal agencies;
the National Park Service, with respect to the Hudson River Valley National Heritage Area;
the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997;
the National Endowment for the Humanities;
the National Endowment for the Arts; and
the Smithsonian Institution;
encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyages of Henry Hudson and Robert Fulton;
provide technical assistance to States, localities, and nonprofit organizations to further the Hudson-Fulton commemoration;
coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson and Robert Fulton;
ensure that the Hudson-Fulton 2009 commemorations provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities; and
help ensure that the observances of Henry Hudson are inclusive and appropriately recognize the experiences and heritage of all people present when Henry Hudson sailed the Hudson River.
Commission meetings
Initial meeting
Not later than 30 days after the date on which all members of a commission established under this section have been appointed, the applicable Commission shall hold an initial meeting.
Meetings
A commission established under this section shall meet—
at least twice each year; or
at the call of the Chairperson or the majority of the members of the Commission.
Quorum
A majority of voting members shall constitute a quorum, but a lesser number may hold meetings.
Chairperson and vice chairperson
Election
The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis.
Absence of the chairperson
The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.
Voting
A commission established under this section shall act only on an affirmative vote of a majority of the voting members of the applicable Commission.
Commission powers
Gifts
The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission.
Appointment of advisory committees
The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this section.
Authorization of action
The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this section.
Procurement
In general
The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this section (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission).
Limitation
The Commission may not purchase real property.
Postal Services
The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.
Grants
Champlain Commission
The Champlain Commission may make grants in amounts not to exceed $20,000—
to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Champlain commemoration; and
to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyage of Samuel de Champlain.
Hudson-Fulton Commission
The Hudson-Fulton Commission may make grants in amounts not to exceed $20,000—
to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Hudson-Fulton commemoration; and
to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyages of Henry Hudson and Robert Fulton.
Technical assistance
The Commission shall provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration and Hudson-Fulton commemoration, as applicable.
Coordination and consultation with Lake Champlain Basin Program
The Champlain Commission shall coordinate and consult with the Lake Champlain Basin Program to provide grants and technical assistance under paragraphs (6)(A) and (7) for the development of activities commemorating the voyage of Samuel de Champlain.
Commission personnel matters
Compensation of members
In general
Except as provided in subparagraph (B), a member of the Commission shall serve without compensation.
Federal employees
A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.
Travel expenses
A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.
Staff
The Commission may, without regard to the civil service laws (including regulations), appoint and terminate an Executive Director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission.
Compensation
In general
Except as provided in subparagraph (B), the Commission may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.
Maximum rate of pay
The rate of pay for the Executive Director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
Detail of government employees
Federal employees
In general
At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section.
Civil service status
The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege.
State employees
The Commission may—
accept the services of personnel detailed from the State of New York or the State of Vermont, as appropriate (including subdivisions of the States); and
reimburse the State of New York or the State of Vermont for services of detailed personnel.
Lake Champlain Basin Program employees
The Champlain Commission may—
accept the services of personnel detailed from the Lake Champlain Basin Program; and
reimburse the Lake Champlain Basin Program for services of detailed personnel.
Procurement of temporary and intermittent services
The Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
Volunteer and uncompensated services
Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.
Support services
The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.
FACA nonapplicability
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
Reports
Not later than September 30, 2010, the Commission shall submit to the Secretary a report that contains—
a summary of the activities of the Commission;
a final accounting of funds received and expended by the Commission; and
the findings and recommendations of the Commission.
Termination of Commissions
Date of termination
The Commission shall terminate on December 31, 2010.
Transfer of documents and materials
Before the date of termination specified in paragraph (1), the Commission shall transfer all of its documents and materials of the Commission to the National Archives or another appropriate Federal entity.
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this section for each of fiscal years 2008 through 2011—
$500,000 to the Champlain Commission; and
$500,000 to the Hudson-Fulton Commission.
Availability
Amounts made available under paragraph (1) shall remain available until expended.
Sense of Congress regarding the designation of the National Museum of Wildlife Art of the United States
Findings
Congress finds that—
the National Museum of Wildlife Art in Jackson, Wyoming, is devoted to inspiring global recognition of fine art related to nature and wildlife;
the National Museum of Wildlife Art is an excellent example of a thematic museum that strives to unify the humanities and sciences into a coherent body of knowledge through art;
the National Museum of Wildlife Art, which was founded in 1987 with a private gift of a collection of art, has grown in stature and importance and is recognized today as the world’s premier museum of wildlife art;
the National Museum of Wildlife Art is the only public museum in the United States with the mission of enriching and inspiring public appreciation and knowledge of fine art, while exploring the relationship between humanity and nature by collecting fine art focused on wildlife;
the National Museum of Wildlife Art is housed in an architecturally significant and award-winning 51,000-square foot facility that overlooks the 28,000-acre National Elk Refuge and is adjacent to the Grand Teton National Park;
the National Museum of Wildlife Art is accredited with the American Association of Museums, continues to grow in national recognition and importance with members from every State, and has a Board of Trustees and a National Advisory Board composed of major benefactors and leaders in the arts and sciences from throughout the United States;
the permanent collection of the National Museum of Wildlife Art has grown to more than 3,000 works by important historic American artists including Edward Hicks, Anna Hyatt Huntington, Charles M. Russell, William Merritt Chase, and Alexander Calder, and contemporary American artists, including Steve Kestrel, Bart Walter, Nancy Howe, John Nieto, and Jamie Wyeth;
the National Museum of Wildlife Art is a destination attraction in the Western United States with annual attendance of 92,000 visitors from all over the world and an award-winning website that receives more than 10,000 visits per week;
the National Museum of Wildlife Art seeks to educate a diverse audience through collecting fine art focused on wildlife, presenting exceptional exhibitions, providing community, regional, national, and international outreach, and presenting extensive educational programming for adults and children; and
a great opportunity exists to use the invaluable resources of the National Museum of Wildlife Art to teach the schoolchildren of the United States, through onsite visits, traveling exhibits, classroom curriculum, online distance learning, and other educational initiatives.
Sense of congress
It is the sense of Congress that the National Museum of
Wildlife Art, located at 2820 Rungius Road, Jackson, Wyoming, should be
designated as the National Museum of Wildlife Art of the United
States
.
Trails and rivers
Authorization and administration of Star-Spangled Banner National Historic Trail
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:
Star-spangled banner national historic trail
In general
The Star-Spangled
Banner National Historic Trail, a trail consisting of water and overland routes
totaling approximately 290 miles, extending from Tangier Island, Virginia,
through southern Maryland, the District of Columbia, and northern Virginia, in
the Chesapeake Bay, Patuxent River, Potomac River, and north to the Patapsco
River, and Baltimore, Maryland, commemorating the Chesapeake Campaign of the
War of 1812 (including the British invasion of Washington, District of
Columbia, and its associated feints, and the Battle of Baltimore in summer
1814), as generally depicted on the map titled Star-Spangled Banner
National Historic Trail
, numbered T02/80,000, and dated June
2007.
Map
The map referred to in subparagraph (A) shall be maintained on file and available for public inspection in the appropriate offices of the National Park Service.
Administration
Subject to subparagraph (E)(ii), the trail shall be administered by the Secretary of the Interior.
Land acquisition
No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the United States for the trail except with the consent of the owner of the land or interest in land.
Public participation
The Secretary of the Interior shall—
encourage communities, owners of land along the trail, and volunteer trail groups to participate in the planning, development, and maintenance of the trail; and
consult with other affected landowners and Federal, State, and local agencies in the administration of the trail.
Interpretation and assistance
Subject to the availability of appropriations, the Secretary of the Interior may provide, to State and local governments and nonprofit organizations, interpretive programs and services and technical assistance for use in—
carrying out preservation and development of the trail; and
providing education relating to the War of 1812 along the trail.
.
Land conveyance, Lewis and Clark National Historic Trail, Nebraska
Conveyance authorized
The Secretary of
the Interior may convey, without consideration, to the Missouri River Basin
Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. (a
501(c)(3) not-for-profit organization with operational headquarters at 100
Valmont Drive, Nebraska City, Nebraska 68410), all right, title, and interest
of the United States in and to the federally owned land under jurisdiction of
the Secretary consisting of 2 parcels as generally depicted on the map titled
Lewis and Clark National Historic Trail
, numbered 648/80,002,
and dated March 2006.
Survey; conveyance cost
The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey and all other costs incurred by the Secretary to convey the land shall be borne by the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc.
Condition of conveyance, use of conveyed land
The conveyance authorized under subsection (a) shall be subject to the condition that the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. use the conveyed land as an historic site and interpretive center for the Lewis and Clark National Historic Trail.
Discontinuance of use
If Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. determines to discontinue use of the land conveyed under subsection (a) as an historic site and interpretive center for the Lewis and Clark National Historic Trail, the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. shall convey lands back to the Secretary without consideration.
Additional terms and conditions
The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) or the conveyance, if any, under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. Through a written agreement with the Foundation, the National Park Service shall ensure that the operation of the land conveyed under subsection (a) is in accordance with National Park Service standards for preservation, maintenance, and interpretation.
Authorization of Appropriations
To assist with the operation of the historic site and interpretive center, there is authorized to be appropriated $150,000 per year for a period not to exceed 10 years.
Wild and Scenic River designation, Eightmile River, Connecticut
Findings
Congress finds the following:
The Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107–65; 115 Stat. 484) authorized the study of the Eightmile River in the State of Connecticut from its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and Scenic Rivers System.
The segments of the Eightmile River covered by the study are in a free-flowing condition, and the outstanding resource values of the river segments include the cultural landscape, water quality, watershed hydrology, unique species and natural communities, geology, and watershed ecosystem.
The Eightmile River Wild and Scenic Study Committee has determined that—
the outstanding resource values of these river segments depend on sustaining the integrity and quality of the Eightmile River watershed;
these resource values are manifest within the entire watershed; and
the watershed as a whole, including its protection, is itself intrinsically important to this designation.
The Eightmile River Wild and Scenic Study Committee took a watershed approach in studying and recommending management options for the river segments and the Eightmile River watershed as a whole.
During the study, the Eightmile River Wild
and Scenic Study Committee, with assistance from the National Park Service,
prepared a comprehensive management plan for the Eightmile River watershed,
dated December 8, 2005 (in this section referred to as the Eightmile
River Watershed Management Plan
), which establishes objectives,
standards, and action programs that will ensure long-term protection of the
outstanding values of the river and compatible management of the land and water
resources of the Eightmile River and its watershed, without Federal management
of affected lands not owned by the United States.
The Eightmile River Wild and Scenic Study Committee voted in favor of inclusion of the Eightmile River in the National Wild and Scenic Rivers System and included this recommendation as an integral part of the Eightmile River Watershed Management Plan.
The residents of the towns lying along the Eightmile River and comprising most of its watershed (Salem, East Haddam, and Lyme, Connecticut), as well as the Boards of Selectmen and Land Use Commissions of these towns, voted to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System.
The State of Connecticut General Assembly enacted Public Act 05–18 to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System.
Designation
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—
by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169);
by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167);
by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and
by adding at the end the following:
Eightmile River, Connecticut
Segments of the main stem and specified tributaries of the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior as follows:
The entire 10.8-mile segment of the main stem, starting at its confluence with Lake Hayward Brook to its confluence with the Connecticut River at the mouth of Hamburg Cove, as a scenic river.
The 8.0-mile segment of the East Branch of the Eightmile River starting at Witch Meadow Road to its confluence with the main stem of the Eightmile River, as a scenic river.
The 3.9-mile segment of Harris Brook starting with the confluence of an unnamed stream lying 0.74 miles due east of the intersection of Hartford Road (State Route 85) and Round Hill Road to its confluence with the East Branch of the Eightmile River, as a scenic river.
The 1.9-mile segment of Beaver Brook starting at its confluence with Cedar Pond Brook to its confluence with the main stem of the Eightmile River, as a scenic river.
The 0.7-mile segment of Falls Brook from its confluence with Tisdale Brook to its confluence with the main stem of the Eightmile River at Hamburg Cove, as a scenic river.
.
Management
The segments of the main stem and certain
tributaries of the Eightmile River in the State of Connecticut designated as
components of the National Wild and Scenic Rivers System by the amendment made
by subsection (b) (in this section referred to as the Eightmile
River
) shall be managed in accordance with the Eightmile River
Watershed Management Plan and such amendments to the plan as the Secretary of
the Interior determines are consistent with this section. The Eightmile River
Watershed Management Plan is deemed to satisfy the requirements for a
comprehensive management plan required by section 3(d) of the Wild and Scenic
Rivers Act (16
U.S.C. 1274(d)).
Committee
The Secretary of the Interior shall coordinate the management responsibilities of the Secretary with regard to the Eightmile River with the Eightmile River Coordinating Committee, as specified in the Eightmile River Watershed Management Plan.
Cooperative agreements
In order to provide for the long-term protection, preservation, and enhancement of the Eightmile River, the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Connecticut, the towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate local planning and environmental organizations. All cooperative agreements authorized by this subsection shall be consistent with the Eightmile River Watershed Management Plan and may include provisions for financial or other assistance from the United States.
Relation to national park system
Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Eightmile River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System.
Land management
The zoning ordinances adopted by the towns of Salem,
East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005, including
provisions for conservation of floodplains, wetlands, and watercourses
associated with the segments, are deemed to satisfy the standards and
requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277
(c)). For the purpose of section 6(c) of that Act, such towns shall be deemed
villages
and the provisions of that section, which prohibit
Federal acquisition of lands by condemnation, shall apply to the segments
designated by subsection (b). The authority of the Secretary to acquire lands
for the purposes of this section shall be limited to acquisition by donation or
acquisition with the consent of the owner thereof, and shall be subject to the
additional criteria set forth in the Eightmile River Watershed Management
Plan.
Watershed approach
In general
In furtherance of the watershed approach to resource preservation and enhancement articulated in the Eightmile River Watershed Management Plan, the tributaries of the Eightmile River watershed specified in paragraph (2) are recognized as integral to the protection and enhancement of the Eightmile River and its watershed.
Covered tributaries
Paragraph (1) applies with respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch Meadow Brook, and all other perennial streams within the Eightmile River watershed.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section and the amendment made by subsection (b).
Bureau of Reclamation and United States Geological Survey authorizations
Alaska water resources study
Definitions
In this section:
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Alaska.
Alaska water resources study
Study
The Secretary, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey, where appropriate, and in accordance with this section and other applicable provisions of law, shall conduct a study that includes—
a survey of accessible water supplies, including aquifers, on the Kenai Peninsula and in the Municipality of Anchorage, the Matanuska-Susitna Borough, the city of Fairbanks, and the Fairbanks Northstar Borough;
a survey of water treatment needs and technologies, including desalination, applicable to the water resources of the State; and
a review of the need for enhancement of the streamflow information collected by the United States Geological Survey in the State relating to critical water needs in areas such as—
infrastructure risks to State transportation;
flood forecasting;
resource extraction; and
fire management.
Report
Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study required by paragraph (1).
Sunset
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Renegotiation of payment schedule, Redwood Valley County Water District
Section 15 of Public Law 100–516 (102 Stat. 2573) is amended—
by amending paragraph (2) of subsection (a) to read as follows:
If, as of January 1, 2006, the Secretary of the Interior and the Redwood Valley County Water District have not renegotiated the schedule of payment, the District may enter into such additional non-Federal obligations as are necessary to finance procurement of dedicated water rights and improvements necessary to store and convey those rights to provide for the District’s water needs. The Secretary shall reschedule the payments due under loans numbered 14–06–200–8423A and 14–06–200–8423A Amendatory and said payments shall commence when such additional obligations have been financially satisfied by the District. The date of the initial payment owed by the District to the United States shall be regarded as the start of the District’s repayment period and the time upon which any interest shall first be computed and assessed under section 5 of the Small Reclamation Projects Act of 1956 (43 U.S.C. 422a et seq.).
; and
by striking subsection (c).
American River Pump Station Project transfer
Authority to transfer
The Secretary of the
Interior (hereafter in this section referred to as the
Secretary
) shall transfer ownership of the American River Pump
Station Project located at Auburn, California, which includes the Pumping
Plant, associated facilities, and easements necessary for permanent operation
of the facilities, to the Placer County Water Agency, in accordance with the
terms of Contract No. 02–LC–20–7790 between the United States and Placer County
Water Agency and the terms and conditions established in this section.
Federal costs nonreimbursable
Federal costs associated with construction of the American River Pump Station Project located at Auburn, California, are nonreimbursable.
Grant of real property interest
The Secretary is authorized to grant title to Placer County Water Agency as provided in subsection (a) in full satisfaction of the United States’ obligations under Land Purchase Contract 14–06–859–308 to provide a water supply to the Placer County Water Agency.
Compliance with environmental laws
In general
Before conveying land and facilities pursuant to this section, the Secretary shall comply with all applicable requirements under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
any other law applicable to the land and facilities.
Effect
Nothing in this section modifies or alters any obligations under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Release from liability
Effective on the date of transfer to the Placer County Water Agency of any land or facility under this section, the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, consistent with Article 9 of Contract No. 02–LC–20–7790 between the United States and Placer County Water Agency.
Arthur V. Watkins Dam enlargement
Findings
Congress finds the following:
Arthur V. Watkins Dam is a feature of the Weber Basin Project, which was authorized by law on August 29, 1949.
Increasing the height of Arthur V. Watkins Dam and construction of pertinent facilities may provide additional storage capacity for the development of additional water supply for the Weber Basin Project for uses of municipal and industrial water supply, flood control, fish and wildlife, and recreation.
Authorization of feasibility study
The Secretary of the Interior, acting through the Bureau of Reclamation, is authorized to conduct a feasibility study on raising the height of Arthur V. Watkins Dam for the development of additional storage to meet water supply needs within the Weber Basin Project area and the Wasatch Front. The feasibility study shall include such environmental evaluation as required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and a cost allocation as required under the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.).
Cost shares
Federal Share
The Federal share of the costs of the study authorized in subsection (b) shall not exceed 50 percent of the total cost of the study.
In-Kind Contributions
The Secretary shall accept, as appropriate, in-kind contributions of goods or services from the Weber Basin Water Conservancy District. Such goods and services accepted under this subsection shall be counted as part of the non-Federal cost share for the study.
Authorization of appropriations
There is authorized to be appropriated to the Secretary $1,000,000 for the Federal cost share of the study authorized in subsection (b).
Sunset
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.
New Mexico water planning assistance
Definitions
In this section:
Secretary
The term Secretary means the Secretary of the Interior, acting through the Bureau of Reclamation and the United States Geological Survey.
State
The term State means the State of New Mexico.
Comprehensive water plan assistance
In general
Upon the request of the Governor of the State and subject to paragraphs (2) through (6), the Secretary shall—
provide to the State technical assistance and grants for the development of comprehensive State water plans;
conduct water resources mapping in the State; and
conduct a comprehensive study of groundwater resources (including potable, brackish, and saline water resources) in the State to assess the quantity, quality, and interaction of groundwater and surface water resources.
Technical assistance
Technical assistance provided under paragraph (1) may include—
acquisition of hydrologic data, groundwater characterization, database development, and data distribution;
expansion of climate, surface water, and groundwater monitoring networks;
assessment of existing water resources, surface water storage, and groundwater storage potential;
numerical analysis and modeling necessary to provide an integrated understanding of water resources and water management options;
participation in State planning forums and planning groups;
coordination of Federal water management planning efforts;
technical review of data, models, planning scenarios, and water plans developed by the State; and
provision of scientific and technical specialists to support State and local activities.
Allocation
In providing grants under paragraph (1), the Secretary shall, subject to the availability of appropriations, allocate—
$5,000,000 to develop hydrologic models and acquire associated equipment for the New Mexico Rio Grande main stem sections and Rios Pueblo de Taos and Hondo, Rios Nambe, Pojoaque and Teseque, Rio Chama, and Lower Rio Grande tributaries;
$1,500,000 to complete the hydrographic survey development of hydrologic models and acquire associated equipment for the San Juan River and tributaries;
$1,000,000 to complete the hydrographic survey development of hydrologic models and acquire associated equipment for Southwest New Mexico, including the Animas Basin, the Gila River, and tributaries;
$4,500,000 for statewide digital orthophotography mapping; and
such sums as are necessary to carry out additional projects consistent with paragraph (2).
Cost-sharing requirement
In general
The non-Federal share of the total cost of any activity carried out using a grant provided under paragraph (1) shall be 50 percent.
Form of non-federal share
The non-Federal share under subparagraph (A) may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the conduct and completion of the activity assisted.
Nonreimbursable basis
Any assistance or grants provided to the State under this section shall be made on a non-reimbursable basis.
Authorized transfers
On request of the State, the Secretary shall directly transfer to 1 or more Federal agencies any amounts made available to the State to carry out this section.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2008 through 2012.
Sunset of authority
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.
Conveyance of certain buildings and lands of the Yakima Project, Washington
Conveyance required
The Secretary of the Interior shall convey to the
Yakima-Tieton Irrigation District, located in Yakima County, Washington, all
right, title, and interest of the United States in and to the buildings and
lands of the Yakima Project, Washington, in accordance with the terms and
conditions set forth in the agreement titled Agreement Between the
United States and the Yakima-Tieton Irrigation District to Transfer Title to
Certain Federally Owned Buildings and Lands, With Certain Property Rights,
Title, and Interest, to the Yakima-Tieton Irrigation District
(Contract
No. 5–07–10–L1658).
Liability
Effective upon the date of conveyance under this section, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed buildings and lands, except for damages caused by acts of negligence committed by the United States or by its employees or agents before the date of conveyance. Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (popularly known as the Federal Tort Claims Act), on the date of enactment of this Act.
Benefits
After conveyance of the buildings and lands to the Yakima-Tieton Irrigation District under this section—
such buildings and lands shall not be considered to be a part of a Federal reclamation project; and
such irrigation district shall not be eligible to receive any benefits with respect to any buildings and lands conveyed, except benefits that would be available to a similarly situated person with respect to such buildings and lands that are not part of a Federal reclamation project.
Report
If the Secretary of the Interior has not completed the conveyance required under subsection (a) within 12 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that explains the reason such conveyance has not been completed and stating the date by which the conveyance will be completed.
Conjunctive use of surface and groundwater in Juab County, Utah
Section 202(a)(2) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102–575) is amended by inserting Juab,
after
Davis,
.
Early repayment of A & B Irrigation District construction costs
In General
Notwithstanding section 213 of the Reclamation Reform Act
of 1982 (43 U.S.C. 390mm), any landowner within the A & B Irrigation
District in the State (referred to in this section as the
District
) may repay, at any time, the construction costs of
District project facilities that are allocated to land of the landowner within
the District.
Applicability of Full-Cost Pricing Limitations
On discharge, in full, of the obligation for repayment of all construction costs described in subsection (a) that are allocated to all land the landowner owns in the District in question, the parcels of land shall not be subject to the ownership and full-cost pricing limitations under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), including the Reclamation Reform Act of 1982 (13 U.S.C. 390aa et seq.).
Certification
On request of a landowner that has repaid, in full, the construction costs described in subsection (a), the Secretary of the Interior shall provide to the landowner a certificate described in section 213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)).
Effect
Nothing in this section—
modifies any contractual rights under, or amends or reopens, the reclamation contract between the District and the United States; or
modifies any rights, obligations, or relationships between the District and landowners in the District under Idaho State law.
Department of Energy authorizations
Energy technology transfer
Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) is amended to read as follows:
Advanced Energy Technology Transfer Centers
Grants
Not later than 18 months after the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007, the Secretary shall make grants to nonprofit institutions, State and local governments, cooperative extension services, or institutions of higher education (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the Secretary shall—
give priority to applicants already operating or partnered with an outreach program capable of transferring knowledge and information about advanced energy efficiency methods and technologies;
ensure that, to the extent practicable, the program enables the transfer of knowledge and information—
about a variety of technologies; and
in a variety of geographic areas;
give preference to applicants that would significantly expand on or fill a gap in existing programs in a geographical region; and
consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.
Activities
Each Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in efficient energy use. Funds awarded under this section may be used for the following activities:
Developing and distributing informational materials on technologies that could use energy more efficiently.
Carrying out demonstrations of advanced energy methods and technologies.
Developing and conducting seminars, workshops, long-distance learning sessions, and other activities to aid in the dissemination of knowledge and information on technologies that could use energy more efficiently.
Providing or coordinating onsite energy evaluations, including instruction on the commissioning of building heating and cooling systems, for a wide range of energy end-users.
Examining the energy efficiency needs of energy end-users to develop recommended research projects for the Department.
Hiring experts in energy efficient technologies to carry out activities described in paragraphs (1) through (5).
Application
A person seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this section to an entity already in existence if the entity is otherwise eligible under this section. The application shall include, at a minimum—
a description of the applicant’s outreach program, and the geographic region it would serve, and of why the program would be capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use;
a description of the activities the applicant would carry out, of the technologies that would be transferred, and of any other organizations that will help facilitate a regional approach to carrying out those activities;
a description of how the proposed activities would be appropriate to the specific energy needs of the geographic region to be served;
an estimate of the number and types of energy end-users expected to be reached through such activities; and
a description of how the applicant will assess the success of the program.
Selection criteria
The Secretary shall award grants under this section on the basis of the following criteria, at a minimum:
The ability of the applicant to carry out the proposed activities.
The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories.
The appropriateness of the applicant’s outreach program for carrying out the program described in this section.
The likelihood that proposed activities could be expanded or used as a model for other areas.
Cost-sharing
In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of section 988 for commercial application activities.
Duration
Initial grant period
A grant awarded under this section shall be for a period of 5 years.
Initial evaluation
Each grantee under this section shall be evaluated during its third year of operation under procedures established by the Secretary to determine if the grantee is accomplishing the purposes of this section described in subsection (a). The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for 3 additional years beyond the original term of the grant.
Additional extension
If a grantee receives an extension under paragraph (2), the grantee shall be evaluated again during the second year of the extension. The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for a final additional period of 3 additional years beyond the original extension.
Limitation
No grantee may receive more than 11 years of support under this section without reapplying for support and competing against all other applicants seeking a grant at that time.
Prohibition
None of the funds awarded under this section may be used for the construction of facilities.
Definitions
For purposes of this section:
Advanced energy methods and technologies
The term advanced energy methods and technologies means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use.
Center
The term Center means an Advanced Energy Technology Transfer Center established pursuant to this section.
Distributed generation
The term distributed generation means an electric power generation technology, including photovoltaic, small wind, and micro-combined heat and power, that serves electric consumers at or near the site of production.
Cooperative extension
The term Cooperative Extension means the extension services established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914.
Land-grant colleges and universities
The term land-grant colleges and universities means—
1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));
1890 Institutions (as defined in section 2 of that Act); and
1994 Institutions (as defined in section 2 of that Act).
Authorization of appropriations
In addition to amounts otherwise authorized to be appropriated in section 911, there are authorized to be appropriated for the program under this section such sums as may be appropriated.
.
Amendments to the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988
Authorization of appropriations
Section 9 of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (15 U.S.C. 5108) is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this Act $12,000,000 for each of the fiscal years 2008 through 2012.
.
Steel project priorities
Section 4(c)(1) of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (15 U.S.C. 5103(c)(1)) is amended—
in subparagraph
(H), by striking coatings for sheet steels
and inserting
sheet and bar steels
; and
by adding at the end the following new subparagraph:
The development of technologies which reduce greenhouse gas emissions.
.
Conforming amendments
The Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 is further amended—
by striking section 7 (15 U.S.C. 5106); and
in section 8
(15 U.S.C.
5107), by inserting , beginning with fiscal year
2008,
after close of each fiscal year
.
October 18, 2007
Read the second time and placed on the calendar