II
Calendar No. 425
110th CONGRESS
1st Session
S. 2180
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 Department of the Interior, the Forest Service, and the Department of Energy, and to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Natural Resource Projects and
Programs 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—Bureau of Land Management
Subtitle A—Prehistoric Trackways National Monument
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Establishment.
Sec. 104. Administration.
Sec. 105. Authorization of appropriations.
Subtitle B—Fort Stanton-Snowy River Cave National Conservation Area
Sec. 111. Definitions.
Sec. 112. Establishment of Fort Stanton-Snowy River Cave National Conservation Area.
Sec. 113. Management of the Conservation Area.
Sec. 114. Authorization of appropriations.
Subtitle C—Paleontological resources preservation
Sec. 121. Definitions.
Sec. 122. Management.
Sec. 123. Public awareness and education program.
Sec. 124. Collection of paleontological resources.
Sec. 125. Curation of resources.
Sec. 126. Prohibited acts; criminal penalties.
Sec. 127. Civil penalties.
Sec. 128. Rewards and forfeiture.
Sec. 129. Confidentiality.
Sec. 130. Regulations.
Sec. 131. Savings provisions.
Sec. 132. Authorization of appropriations.
Subtitle D—Snake River Birds of Prey National Conservation Area
Sec. 141. Snake River Birds of Prey National Conservation Area.
Subtitle E—National Landscape Conservation System
Sec. 151. Definitions.
Sec. 152. Establishment of the National Landscape Conservation System.
Sec. 153. Authorization of appropriations.
TITLE II—National Park Service
Subtitle A—New areas, boundary modifications, and studies
Sec. 201. William Jefferson Clinton Birthplace Home National Historic Site.
Sec. 202. Mesa Verde National Park Boundary expansion.
Sec. 203. Minidoka Internment National Monument.
Sec. 204. Walnut Canyon study.
Subtitle B—Commissions and Advisory Committees
Sec. 211. Dwight D. Eisenhower Memorial Commission.
Sec. 212. Na Hoa Pili O Kaloko-Honokohau advisory commission.
Subtitle C—National Trails
Sec. 221. Ice Age Floods National Geologic Trail.
Sec. 222. Washington-Rochambeau Revolutionary Route National Historic Trail.
Sec. 223. Revision of feasibility and suitability studies of existing national historic trails.
Sec. 224. National Trails System willing seller authority.
Subtitle D—National Heritage Areas
Sec. 231. National heritage areas partnership.
Sec. 232. Reauthorization of certain national heritage areas.
Sec. 233. Quinebaug and Shetucket Rivers Valley National Heritage Corridor.
Sec. 234. Journey Through Hallowed Ground National Heritage Area.
Sec. 235. Sangre de Cristo National Heritage Area.
Sec. 236. South Park National Heritage Area.
Sec. 237. Niagara Falls National Heritage Area.
Sec. 238. Abraham Lincoln National Heritage Area.
Sec. 239. Chattahoochee Trace National Heritage Corridor.
Sec. 240. Study of sites relating to Abraham Lincoln in Kentucky.
TITLE III—Bureau of Reclamation and United States Geological Survey authorizations
Sec. 301. Extension of participation of Bureau of Reclamation in Deschutes River Conservancy.
Sec. 302. Wallowa Lake Dam Rehabilitation Program.
Sec. 303. Little Butte/Bear Creek Subbasins, Oregon, Water resource study.
Sec. 304. North Unit Irrigation District.
Sec. 305. Central Oklahoma Master Conservancy District feasibility study.
Sec. 306. Authority to conduct feasibility studies within the Snake, Boise, and Payette River systems in the State of Idaho.
Sec. 307. Tumalo Irrigation District Water Conservation Project.
Sec. 308. New Mexico water resources study.
Sec. 309. Water and energy resources.
Sec. 310. Reauthorization of the National Geologic Mapping Act of 1992.
TITLE IV—Forest service authorizations
Subtitle A—Authorizations
Sec. 401. Coffman Cove administrative site conveyance.
Sec. 402. Pecos National Historical Park.
Sec. 403. Watershed restoration and enhancement agreements.
Sec. 404. Wildland firefighter safety.
Subtitle B—Lewis and Clark Mount Hood Wilderness Area
Sec. 411. Definitions.
Sec. 412. Designation of wilderness areas.
Sec. 413. Designation of streams for wild and scenic river protection in the Mount Hood area.
Sec. 414. Mount Hood National Recreation Area.
Sec. 415. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek.
Sec. 416. Land exchanges.
Sec. 417. Tribal provisions; planning and studies.
TITLE V—Department of Energy authorizations
Sec. 501. Technical criteria for clean coal power initiative.
Sec. 502. Additional Assistant Secretary for Department of Energy.
Sec. 503. United States-Israel energy cooperation.
Sec. 504. Alaska natural gas pipeline.
TITLE VI—Compact of Free Association amendments
Sec. 601. Approval of agreements.
Sec. 602. Conforming amendment.
Sec. 603. Clarifications regarding Palau.
Sec. 604. Availability of legal services.
Sec. 605. Technical amendments.
Sec. 606. Transmission of videotape programming.
Sec. 607. Palau road maintenance.
Sec. 608. Clarification of tax-free status of trust funds.
Bureau of Land Management
Prehistoric Trackways National Monument
Findings
Congress finds that—
in 1987, a major deposit of Paleozoic Era fossilized footprint megatrackways was discovered in the Robledo Mountains in southern New Mexico;
the trackways contain footprints of numerous amphibians, reptiles, and insects (including previously unknown species), plants, and petrified wood dating back approximately 280,000,000 years, which collectively provide new opportunities to understand animal behaviors and environments from a time predating the dinosaurs;
title III of Public Law 101–578 (104 Stat. 2860)—
provided interim protection for the site at which the trackways were discovered; and
directed the Secretary of the Interior to—
prepare a study assessing the significance of the site; and
based on the study, provide recommendations for protection of the paleontological resources at the site;
the Bureau of
Land Management completed the Paleozoic Trackways Scientific Study Report in
1994, which characterized the site as containing the most scientifically
significant Early Permian tracksites
in the world;
despite the conclusion of the study and the recommendations for protection, the site remains unprotected and many irreplaceable trackways specimens have been lost to vandalism or theft; and
designation of the trackways site as a National Monument would protect the unique fossil resources for present and future generations while allowing for public education and continued scientific research opportunities.
Definitions
In this subtitle:
Monument
The term Monument means the Prehistoric Trackways National Monument established by section 103(a).
Public land
The term public land
has the meaning given
the term public lands
in section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702).
Secretary
The term Secretary means the Secretary of the Interior.
Establishment
In general
In order to conserve, protect, and enhance the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of the public land described in subsection (b), there is established the Prehistoric Trackways National Monument in the State of New Mexico.
Description of land
The Monument shall consist of approximately 5,280 acres of
public land in Doña Ana County, New Mexico, as generally depicted on the map
entitled Prehistoric Trackways National Monument
and dated
January 25, 2007.
Map; legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress an official map and legal description of the Monument.
Corrections
The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the legal description and the map.
Conflict between map and legal description
In the case of a conflict between the map and the legal description, the map shall control.
Availability of map and legal description
Copies of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Minor boundary adjustments
If additional paleontological resources are discovered on public land adjacent to the Monument after the date of enactment of this Act, the Secretary may make minor boundary adjustments to the Monument to include the resources in the Monument.
Administration
Management
In general
The Secretary shall manage the Monument—
in a manner that conserves, protects, and enhances the resources and values of the Monument, including the resources and values described in section 103(a); and
in accordance with—
this subtitle;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
other applicable laws.
National landscape conservation system
The Monument shall be managed as a component of the National Landscape Conservation System.
Management Plan
In general
Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Monument.
Components
The management plan under paragraph (1)—
shall—
describe the appropriate uses and management of the Monument, consistent with the provisions of this subtitle; and
allow for continued scientific research at the Monument during the development of the management plan; and
may—
incorporate any appropriate decisions contained in any current management or activity plan for the land described in section 103(b); and
use information developed in studies of any land within or adjacent to the Monument that were conducted before the date of enactment of this Act.
Authorized uses
The Secretary shall only allow uses of the Monument that the Secretary determines would further the purposes for which the Monument has been established.
Interpretation, education, and scientific research
In general
The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources in Doña Ana County, New Mexico.
Cooperative agreements
The Secretary may enter into cooperative agreements with appropriate public entities to carry out paragraph (1).
Special management areas
In general
The establishment of the Monument shall not change the management status of any area within the boundary of the Monument that is—
designated as a wilderness study area and managed in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); or
managed as an area of critical environment concern.
Conflict of laws
If there is a conflict between the laws applicable to the areas described in paragraph (1) and this subtitle, the more restrictive provision shall control.
Motorized vehicles
In general
Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Monument shall be allowed only on roads and trails designated for use by motorized vehicles under the management plan prepared under subsection (b).
Permitted Events
The Secretary may issue permits for special recreation
events involving motorized vehicles within the boundaries of the Monument,
including the Chile Challenge
—
to the extent the events do not harm paleontological resources; and
subject to any terms and conditions that the Secretary determines to be necessary.
Withdrawals
Subject to valid existing rights, any Federal land within the Monument and any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act are withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws.
Grazing
The Secretary may allow grazing to continue in any area of the Monument in which grazing is allowed before the date of enactment of this Act, subject to applicable laws (including regulations).
Water Rights
Nothing in this subtitle constitutes an express or implied reservation by the United States of any water or water rights with respect to the Monument.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.
Fort Stanton-Snowy River Cave National Conservation Area
Definitions
In this subtitle:
Conservation area
The term Conservation Area means the Fort Stanton-Snowy River Cave National Conservation Area established by section 112(a).
Management plan
The term management plan means the management plan developed for the Conservation Area under section 113(c).
Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
Establishment of Fort Stanton-Snowy River Cave National Conservation Area
Establishment; Purposes
There is established the Fort Stanton-Snowy River Cave National Conservation Area in Lincoln County, New Mexico, to protect, conserve, and enhance the unique and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave resources of the Fort Stanton-Snowy River cave system.
Area Included
The Conservation Area shall include the area within the
boundaries depicted on the map entitled Fort Stanton-Snowy River Cave
National Conservation Area
and dated January 25, 2007.
Map and Legal Description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Conservation Area.
Effect
The map and legal description of the Conservation Area shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any minor errors in the map and legal description.
Public availability
The map and legal description of the Conservation Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management.
Management of the Conservation Area
Management
In general
The Secretary shall manage the Conservation Area—
in a manner that conserves, protects, and enhances the resources and values of the Conservation Area, including the resources and values described in section 112(a); and
in accordance with—
this subtitle;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable laws.
Uses
The Secretary shall only allow uses of the Conservation Area that are consistent with the protection of the cave resources.
Requirements
In administering the Conservation Area, the Secretary shall provide for—
the conservation and protection of the natural and unique features and environs for scientific, educational, and other appropriate public uses of the Conservation Area;
public access, as appropriate, while providing for the protection of the cave resources and for public safety;
the continuation of other existing uses or other new uses of the Conservation Area that do not impair the purposes for which the Conservation Area is established;
management of the surface area of the Conservation Area in accordance with the Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated March, 2001, or any amendments to the plan, consistent with this subtitle; and
scientific investigation and research opportunities within the Conservation Area, including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and provide educational and interpretive services within the Conservation Area.
Withdrawals
Subject to valid existing rights, all Federal surface and subsurface land within the Conservation Area and all land and interests in the land that are acquired by the United States after the date of enactment of this Act for inclusion in the Conservation Area, are withdrawn from—
all forms of entry, appropriation, or disposal under the general land laws;
location, entry, and patent under the mining laws; and
operation under the mineral leasing and geothermal leasing laws.
Management Plan
In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-term management of the Conservation Area.
Purposes
The management plan shall—
describe the appropriate uses and management of the Conservation Area;
incorporate, as appropriate, decisions contained in any other management or activity plan for the land within or adjacent to the Conservation Area;
take into consideration any information developed in studies of the land and resources within or adjacent to the Conservation Area; and
provide for a cooperative agreement with Lincoln County, New Mexico, to address the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area.
Activities Outside Conservation Area
The establishment of the Conservation Area shall not—
create a protective perimeter or buffer zone around the Conservation Area; or
preclude uses or activities outside the Conservation Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Conservation Area.
Research and Interpretive Facilities
In general
The Secretary may establish facilities for—
the conduct of scientific research; and
the interpretation of the historical, cultural, scientific, archaeological, natural, and educational resources of the Conservation Area.
Cooperative agreements
The Secretary may, in a manner consistent with this subtitle, enter into cooperative agreements with the State of New Mexico and other institutions and organizations to carry out the purposes of this subtitle.
Water Rights
Nothing in this subtitle constitutes an express or implied reservation of any water right.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.
Paleontological resources preservation
Definitions
In this subtitle:
Casual collecting
The term casual collecting means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth’s surface and other resources. As used in this paragraph, the terms reasonable amount, common invertebrate and plant paleontological resources and negligible disturbance shall be determined by the Secretary.
Federal land
The term Federal land means—
land controlled or administered by the Secretary of the Interior, except Indian land; or
National Forest System land controlled or administered by the Secretary of Agriculture.
Indian land
The term Indian Land means land of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States.
Paleontological resource
The term paleontological resource means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth’s crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include—
any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or
any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).
Secretary
The term Secretary means the Secretary of the Interior with respect to land controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System land controlled or administered by the Secretary of Agriculture.
State
The term State means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
Management
In General
The Secretary shall manage and protect paleontological resources on Federal land using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public.
Coordination
To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this subtitle.
Public awareness and education program
The Secretary shall establish a program to increase public awareness about the significance of paleontological resources.
Collection of paleontological resources
Permit Requirement
In general
Except as provided in this subtitle, a paleontological resource may not be collected from Federal land without a permit issued under this subtitle by the Secretary.
Casual collecting exception
The Secretary may allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal land and this subtitle.
Previous permit exception
Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act.
Criteria for Issuance of a Permit
The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that—
the applicant is qualified to carry out the permitted activity;
the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education;
the permitted activity is consistent with any management plan applicable to the Federal land concerned; and
the proposed methods of collecting will not threaten significant natural or cultural resources.
Permit Specifications
A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this subtitle. Every permit shall include requirements that—
the paleontological resource that is collected from Federal land under the permit will remain the property of the United States;
the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and
specific locality data will not be released by the permittee or repository without the written permission of the Secretary.
Modification, Suspension, and Revocation of Permits
The Secretary may modify, suspend, or revoke a permit issued under this section—
for resource, safety, or other management considerations; or
when there is a violation of term or condition of a permit issued pursuant to this section.
The permit shall be revoked if any person working under the authority of the permit is convicted under section 126 or is assessed a civil penalty under section 127.
Area Closures
In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary’s jurisdiction to the collection of paleontological resources.
Curation of resources
Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non-Federal repositories regarding the curation of these resources, data, and records.
Prohibited acts; criminal penalties
In General
A person may not—
excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal land unless such activity is conducted in accordance with this subtitle;
exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated or removed from Federal land in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this subtitle; or
sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal land.
False Labeling Offenses
A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal land.
Penalties
A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than 1 year, or both.
General Exception
Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of enactment of this Act.
Civil penalties
In General
Hearing
A person who violates any prohibition contained in an applicable regulation or permit issued under this subtitle may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section.
Amount of penalty
The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this subtitle, taking into account the following factors:
The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary.
The cost of response, restoration, and repair of the resource and the paleontological site involved.
Any other factors considered relevant by the Secretary assessing the penalty.
Multiple offenses
In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled.
Limitation
The amount of any penalty assessed under this subsection for any 1 violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered.
Petition for Judicial Review; Collection of Unpaid Assessments
Judicial review
Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole.
Failure to pay
If any person fails to pay a penalty under this section within 30 days—
after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or
after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings.
Hearings
Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code.
Use of Recovered Amounts
Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows:
To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal land.
To provide educational materials to the public about paleontological resources and sites.
To provide for the payment of rewards as provided in section 128.
Rewards and forfeiture
Rewards
The Secretary may pay from penalties collected under section 126 or 127—
consistent with amounts established in regulations by the Secretary; or
if no such regulation exists, an amount equal to the lesser of 1/2 of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection.
Forfeiture
All paleontological resources with respect to which a violation under section 126 or 127 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a violation of this subtitle, the disposition of such property or the proceeds from the sale thereof, and remission or mitigation of such forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of this subtitle.
Transfer of Seized Resources
The Secretary may transfer administration of seized paleontological resources to Federal or non-Federal educational institutions to be used for scientific or educational purposes.
Confidentiality
Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this subtitle or under any other provision of Federal law shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would—
further the purposes of this subtitle;
not create risk of harm to or theft or destruction of the resource or the site containing the resource; and
be in accordance with other applicable laws.
Regulations
As soon as practical after the date of enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this subtitle, providing opportunities for public notice and comment.
Savings provisions
Nothing in this subtitle shall be construed to—
invalidate, modify, or impose any
additional restrictions or permitting requirements on any activities permitted
at any time under the general mining laws, the mineral or geothermal leasing
laws, laws providing for minerals materials disposal, or laws providing for the
management or regulation of the activities authorized by the aforementioned
laws including but not limited to the Federal Land Policy Management Act (43
U.S.C. 1701–1784), Public Law 94–429 (commonly known as the Mining in
the Parks Act
) (16 U.S.C. 1901 et seq.), the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201–1358), and the Organic Administration
Act (16 U.S.C. 478, 482, 551);
invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal land;
apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this subtitle;
affect any land other than Federal land or affect the lawful recovery, collection, or sale of paleontological resources from land other than Federal land;
alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal land in addition to the protection provided under this subtitle; or
create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this subtitle.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.
Snake River Birds of Prey National Conservation Area
Snake River Birds of Prey National Conservation Area
Renaming
Public Law 103–64 is amended—
in section 2(2)
(16 U.S.C. 460iii–1(2)), by inserting Morley Nelson
before
Snake River Birds of Prey National Conservation Area
; and
in section
3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by inserting Morley Nelson
before Snake River Birds of Prey National Conservation
Area
.
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Snake River Birds of Prey National Conservation Area shall be deemed to be a reference to the Morley Nelson Snake River Birds of Prey National Conservation Area.
Technical Corrections
Public Law 103–64 is further amended—
in section
3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by striking (hereafter referred to
as the
; andconservation area
)
in section 4 (16 U.S.C. 460iii–3)—
in subsection
(a)(2), by striking Conservation Area
and inserting
conservation area
; and
in subsection
(d), by striking Visitors Center
and inserting visitors
center
.
National Landscape Conservation System
Definitions
In this subtitle:
Secretary
The term Secretary means the Secretary of the Interior.
System
The term system means the National Landscape Conservation System established by section 152(a).
Establishment of the National Landscape Conservation System
Establishment
In order to conserve, protect, and restore nationally significant landscapes that have outstanding cultural, ecological, and scientific values for the benefit of current and future generations, there is established in the Bureau of Land Management the National Landscape Conservation System.
Components
The system shall include each of the following areas administered by the Bureau of Land Management:
Each area that is designated as—
a national monument;
a national conservation area;
a wilderness study area;
a national scenic trail or national historic trail designated as a component of the National Trails System;
a component of the National Wild and Scenic Rivers System; or
a component of the National Wilderness Preservation System.
Any area designated by Congress to be administered for conservation purposes, including—
the Steens Mountain Cooperative Management and Protection Area;
the Headwaters Forest Reserve;
the Yaquina Head Outstanding Natural Area; and
any additional area designated by Congress for inclusion in the system.
Management
The Secretary shall manage the system—
in accordance with any applicable law (including regulations) relating to any component of the system included under subsection (b); and
in a manner that protects the values for which the components of the system were designated.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.
National Park Service
New areas, boundary modifications, and studies
William Jefferson Clinton Birthplace Home National Historic Site
Acquisition of property; establishment of historic site
Should the Secretary of the Interior
acquire, by donation only from the Clinton Birthplace Foundation, Inc., fee
simple, unencumbered title to the William Jefferson Clinton Birthplace Home
site located at 117 South Hervey Street, Hope, Arkansas, 71801, and to any
personal property related to that site, the Secretary shall designate the
William Jefferson Clinton Birthplace Home site as a National Historic Site and
unit of the National Park System, to be known as the President William
Jefferson Clinton Birthplace Home National Historic Site
.
Applicability of other laws
The Secretary
shall administer the President William Jefferson Clinton Birthplace Home
National Historic Site in accordance with the laws generally applicable to
national historic sites, including the Act entitled An Act to establish
a National Park Service, and for other purposes
, approved August 25,
1916 (16 U.S.C. 1–4), and the Act entitled An Act to provide for the
preservation of historic American sites, buildings, objects and antiquities of
national significance, and for other purposes
, approved August 21, 1935
(16 U.S.C. 461 et seq.).
Mesa Verde National Park Boundary expansion
Findings
Congress finds that—
on June 29, 1906, Mesa Verde National Park was established as the first national park in the United States to preserve the works of humanity;
on September 6, 1978, Mesa Verde National Park became the first World Heritage Site designated in the United States; and
Mesa Verde National Park protects some of
the best preserved and notable archeological sites of the ancient Puebloan
culture that flourished in the southwestern United States from approximately
600–1300, including the elaborate stone villages in the sheltered alcoves of
the canyon walls referred to as cliff dwellings
.
Purposes
The purposes of this section are—
to modify the boundary of Mesa Verde National Park—
to protect the archeological sites located on property adjacent to the Park boundary;
to extend and expand the knowledge and understanding of the ancient Puebloan culture, a major influence in the development of the southwestern United States;
to protect from potential development the scenic and biological value of the pinyon-juniper covered hills that—
border the Park; and
are in full view of the Park entrance road; and
to protect the largest recorded colony of the globally imperiled Gray’s Townsend Daisy, to ensure continuation of a major wildlife corridor, and to protect important habitat for wildlife; and
to provide greater opportunities to visitors, researchers, and surrounding communities to understand and appreciate the natural environment of Mesa Verde and the contributions of the ancient Puebloan culture to the region by providing the land required to construct a contemporary museum collections storage facility and visitor orientation center.
Definitions
In this section:
Map
The term map means the map
entitled Mesa Verde National Park Proposed Boundary Adjustment
,
numbered 307/80,180, and dated March 1, 2007.
Park
The term Park means the Mesa Verde National Park in the State of Colorado.
Secretary
The term Secretary means the Secretary of the Interior.
Acquisition of land
In general
The Secretary may acquire the land or an interest in the land described in subsection (e) for addition to the Park.
Means
An acquisition of land under paragraph (1) may be made by donation, purchase from a willing seller with donated or appropriated funds, or exchange.
Description of land
The land referred to in subsection (d)(1) is the approximately 360 acres of land adjacent to the Park, as generally depicted on the map.
Availability of map
The map shall be on file and available for inspection in the appropriate offices of the National Park Service.
Boundary modification
The boundary of the Park shall be revised to reflect the acquisition of the land under subsection (d).
Administration
The Secretary shall administer any land or interest in land acquired under subsection (d)(1) as part of the Park in accordance with the laws (including regulations) applicable to the Park.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Minidoka Internment National Monument
Definitions
In this section:
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Idaho.
Bainbridge Island Japanese American Memorial
Boundary adjustment
In General
The boundary of the Minidoka Internment National
Monument, located in the State and established by Presidential Proclamation
7395 of January 17, 2001, is adjusted to include the Nidoto Nai Yoni
(Let it not happen again
) memorial (referred to in this
subsection as the memorial
), which—
commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be forcibly removed from their homes and relocated to internment camps during World War II under Executive Order No. 9066; and
consists of
approximately 8 acres of land owned by the City of Bainbridge Island,
Washington, as depicted on the map entitled Bainbridge Island Japanese
American Memorial
, numbered 194/80,003, and dated September,
2006.
Map
The map referred to in subparagraph (A)(ii) shall be kept on file and made available for public inspection in the appropriate offices of the National Park Service.
Administration of memorial
In General
The memorial shall be administered as part of the Minidoka Internment National Monument.
Agreements
To carry out this subsection, the Secretary may enter into agreements with—
the City of Bainbridge Island, Washington;
the Bainbridge Island Metropolitan Park and Recreational District;
the Bainbridge Island Japanese American Community Memorial Committee;
the Bainbridge Island Historical Society; and
other appropriate individuals or entities.
Implementation
To implement an agreement entered into under subparagraph (B), the Secretary may—
enter into a cooperative management agreement relating to the operation and maintenance of the memorial with the City of Bainbridge Island, Washington, in accordance with section 3(l) of Public law 91–383 (16 U.S.C. 1a–2(l)); and
enter into cooperative agreements with, or make grants to, the City of Bainbridge Island, Washington, and other non-Federal entities for the development of facilities, infrastructure, and interpretive media at the memorial, if any Federal funds provided by a grant or through a cooperative agreement are matched with non-Federal funds.
Administration and visitor use site
The Secretary may operate and maintain a site in the State of Washington for administrative and visitor use purposes associated with the Minidoka Internment National Monument.
Establishment of Minidoka National Historic Site
Definitions
In this subsection:
Historic site
The term Historic Site means the Minidoka National Historic Site established by paragraph (2)(A).
Minidoka Map
The term Minidoka Map means the map entitled
Minidoka National Historic Site, Proposed Boundary Map
, numbered
194/80,004, and dated December 2006.
Establishment
National historic site
In order to protect, preserve, and interpret the resources associated with the former Minidoka Relocation Center where Japanese Americans were incarcerated during World War II, there is established the Minidoka National Historic Site.
Minidoka Internment National Monument
In general
The Minidoka Internment National Monument (referred to in
this subsection as the Monument)
, as described in Presidential
Proclamation 7395 of January 17, 2001, is abolished.
Incorporation
The land and any interests in the land at the Monument are incorporated within, and made part of, the Historic Site.
Funds
Any funds available for purposes of the Monument shall be available for the Historic Site.
References
Any
reference in a law (other than in this subsection), map, regulation, document,
record, or other paper of the United States to the Minidoka Internment
National Monument
shall be considered to be a reference to the
Minidoka National Historic Site
.
Boundary of Historic Site
Boundary
The boundary of the Historic Site shall include—
approximately 292 acres of land, as depicted on the Minidoka Map; and
approximately 8 acres of land, as described in subsection (b)(1)(A)(ii).
Availability of map
The Minidoka Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Land transfers and acquisition
Transfer from Bureau of Reclamation
Administrative jurisdiction over the land
identified on the Minidoka Map as BOR parcel 1
and BOR
parcel 2
, including any improvements on, and appurtenances to, the
parcels, is transferred from the Bureau of Reclamation to the National Park
Service for inclusion in the Historic Site.
Transfer from Bureau of Land Management
Administrative jurisdiction over the
land identified on the Minidoka Map as Public Domain Lands
is
transferred from the Bureau of Land Management to the National Park Service for
inclusion in the Historic Site, and the portions of any prior Secretarial
orders withdrawing the land are revoked.
Acquisition authority
The Secretary may acquire any land or interest in land located within the boundary of the Historic Site, as depicted on the Minidoka Map, by—
donation;
purchase with donated or appropriated funds from a willing seller; or
exchange.
Administration
In general
The Historic Site shall be administered in accordance with—
this section; and
laws (including regulations) generally applicable to units of the National Park System, including—
the National Park Service Organic Act (16 U.S.C. 1 et seq.); and
the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
Interpretation and education
In general
The Secretary shall interpret—
the story of the relocation of Japanese Americans during World War II to the Minidoka Relocation Center and other centers across the United States;
the living conditions of the relocation centers;
the work performed by the internees at the relocation centers; and
the contributions to the United States military made by Japanese Americans who had been interned.
Oral histories
To the extent feasible, the collection of oral histories and testimonials from Japanese Americans who were confined shall be a part of the interpretive program at the Historic Site.
Coordination
The Secretary shall coordinate the development of interpretive and educational materials and programs for the Historic Site with the Manzanar National Historic Site in the State of California.
Bainbridge Island Japanese American Memorial
The Bainbridge Island Japanese American Memorial shall be administered in accordance with subsection (b)(2).
Continued agricultural use
In keeping with the historical use of the land following the decommission of the Minidoka Relocation Center, the Secretary may issue a special use permit or enter into a lease to allow agricultural uses within the Historic Site under appropriate terms and conditions, as determined by the Secretary.
Disclaimer of interest in land
In general
The Secretary may issue to Jerome County, Idaho, a
document of disclaimer of interest in land for the parcel identified as
Tract No. 2
—
in the final order of condemnation, for the case numbered 2479, filed on January 31, 1947, in the District Court of the United States, in and for the District of Idaho, Southern Division; and
on the Minidoka Map.
Process
The Secretary shall issue the document of disclaimer of interest in land under subparagraph (A) in accordance with section 315(b) of Federal Land Policy and Management Act of 1976 (43 U.S.C. 1745(b)).
Effect
The issuance by the Secretary of the document of disclaimer of interest in land under subparagraph (A) shall have the same effect as a quit-claim deed issued by the United States.
Conveyance of American Falls Reservoir District Number 2
Definitions
In this subsection
Agreement
The
term Agreement means Agreement No. 5–07–10–L1688 between the
United States and the District, entitled Agreement Between the United
States and the American Falls Reservoir District No. 2 to Transfer Title to the
Federally Owned Milner-Gooding Canal and Certain Property Rights, Title and
Interest to the American Falls Reservoir District No. 2
.
District
The term District means the American Falls Reservoir District No. 2, located in Jerome, Lincoln, and Gooding Counties, of the State.
Authority to convey title
In general
In accordance with all applicable law and the terms and conditions set forth in the Agreement, the Secretary may convey—
to the District all right, title, and interest in and to the land and improvements described in Appendix A of the Agreement, subject to valid existing rights;
to the city of Gooding, located in Gooding County, of the State, all right, title, and interest in and to the 5.0 acres of land and improvements described in Appendix D of the Agreement; and
to the Idaho Department of Fish and Game all right, title, and interest in and to the 39.72 acres of land and improvements described in Appendix D of the Agreement.
Compliance with agreement
All parties to the conveyance under subparagraph (A) shall comply with the terms and conditions of the Agreement, to the extent consistent with this subsection.
Compliance with other laws
In general
On conveyance of the land and improvements under paragraph (2)(A)(i), the District shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of each facility transferred.
Applicable authority
Nothing in this subsection modifies or otherwise affects the applicability of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water provided to the District.
Revocation of withdrawals
In general
The portions of the Secretarial Orders dated March 18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately 6,900 acres described in Appendix E of the Agreement for the purpose of the Gooding Division of the Minidoka Project, are revoked.
Management of withdrawn land
The Secretary, acting through the Director of the Bureau of Land Management, shall manage the withdrawn land described in subparagraph (A) subject to valid existing rights.
Liability
In general
Subject to subparagraph (B), upon completion of a conveyance under paragraph (2), the United States shall not be liable for damages of any kind for any injury arising out of an act, omission, or occurrence relating to the land (including any improvements to the land) conveyed under the conveyance.
Exception
Subparagraph (A) shall not apply to liability for damages resulting from an injury caused by any act of negligence committed by the United States (or by any officer, employee, or agent of the United States) before the date of completion of the conveyance.
Federal tort claims act
Nothing in this paragraph increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code.
Future benefits
Responsibility of the district
After completion of the conveyance of land and improvements to the District under paragraph (2)(A)(i), and consistent with the Agreement, the District shall assume responsibility for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land (including any improvements to the land).
Eligibility for federal funding
In general
Except as provided in clause (ii), the District shall not be eligible to receive Federal funding to assist in any activity described in subparagraph (A) relating to land and improvements transferred under paragraph (2)(A)(i).
Exception
Clause (i) shall not apply to any funding that would be available to a similarly situated nonreclamation district, as determined by the Secretary.
National Environmental Policy Act
Before completing any conveyance under this subsection, the Secretary shall complete all actions required under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Historic Preservation Act (16 U.S.C. 470 et seq.); and
all other applicable laws (including regulations).
Payment
Fair market value requirement
As a condition of the conveyance under paragraph (2)(A)(i), the District shall pay the fair market value for the withdrawn land to be acquired by them, in accordance with the terms of the Agreement.
Grant for building replacement
As soon as practicable after the date of enactment of this Act, and in full satisfaction of the Federal obligation to the District for the replacement of the structure in existence on that date of enactment that is to be transferred to the National Park Service for inclusion in the Minidoka National Historic Site, the Secretary, acting through the Commissioner of Reclamation, shall provide to the District a grant in the amount of $52,996, in accordance with the terms of the Agreement.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Walnut Canyon study
Definitions
In this section:
Map
The
term map means the map entitled Walnut Canyon Proposed
Study Area
and dated July 17, 2007.
Secretaries
The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.
Study area
The term study area means the area identified
on the map as the Walnut Canyon Proposed Study Area
.
Study
In general
The Secretaries shall conduct a study of the study area to assess—
the suitability and feasibility of designating all or part of the study area as an addition to Walnut Canyon National Monument, in accordance with section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c));
continued management of the study area by the Forest Service; or
any other designation or management option that would provide for—
protection of resources within the study area; and
continued access to, and use of, the study area by the public.
Consultation
The Secretaries shall provide for public comment in the preparation of the study, including consultation with appropriate Federal, State, and local governmental entities.
Report
Not later than 18 months after the date on which funds are made available to carry out this section, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
the results of the study; and
any recommendations of the Secretaries.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Commissions and Advisory Committees
Dwight D. Eisenhower Memorial Commission
Section 8162 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1274) is amended—
by striking subsection (j), and inserting the following:
Powers of the commission
In general
Powers
The Commission may—
make such expenditures for services and materials for the purpose of carrying out this section as the Commission considers advisable from funds appropriated or received as gifts for that purpose;
solicit and accept contributions to be used in carrying out this section or to be used in connection with the construction or other expenses of the memorial;
hold hearings and enter into contracts;
enter into contracts for specialized or professional services as necessary to carry out this section; and
take such actions as are necessary to carry out this section.
Specialized or professional services
Services under subparagraph (A)(iv) may be—
obtained without regard to the provisions of title 5, United States Code, including section 3109 of that title; and
may be paid without regard to the provisions of title 5, United States Code, including chapter 51 and subchapter III of chapter 53 of that title.
Gifts of property
The Commission may accept gifts of real or personal property to be used in carrying out this section, including to be used in connection with the construction or other expenses of the memorial.
Federal cooperation
At the request of the Commission, a Federal department or agency may provide any information or other assistance to the Commission that the head of the Federal department or agency determines to be appropriate.
Powers of members and agents
In general
If authorized by the Commission, any member or agent of the Commission may take any action that the Commission is authorized to take under this section.
Architect
The Commission may appoint an architect as an agent of the Commission to—
represent the Commission on various governmental source selection and planning boards on the selection of the firms that will design and construct the memorial; and
perform other duties as designated by the Chairperson of the Commission.
Treatment
An authorized member or agent of the Commission (including an individual appointed under subparagraph (B)) providing services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of chapter 171 of title 28, United States Code, relating to tort claims.
Travel
Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
;
by redesignating subsection (o) as subsection (q); and
by adding at the end the following:
Staff and support services
Executive director
There shall be an Executive Director appointed by the Commission to be paid at a rate not to exceed the maximum rate of basic pay for level IV of the Executive Schedule.
Staff
In general
The staff of the Commission may be appointed and terminated without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates, except that an individual appointed under this paragraph may not receive pay in excess of the maximum rate of basic pay for GS–15 of the General Schedule.
Senior staff
Notwithstanding subparagraph (A), not more than 3 staff employees of the Commission (in addition to the Executive Director) may be paid at a rate not to exceed the maximum rate of basic pay for level IV of the Executive Schedule
Staff of federal agencies
On request of the Commission, the head of any Federal department or agency may detail any of the personnel of the department or agency to the Commission to assist the Commission to carry out its duties under this section.
Federal support
The Commission shall obtain administrative and support services from the General Services Administration on a reimbursable basis. The Commission may use all contracts, schedules, and acquisition vehicles allowed to external clients through the General Services Administration.
Cooperative agreements
The Commission may enter into cooperative agreements with Federal agencies, State, local, tribal and international governments, and private interests and organizations which will further the goals and purposes of this section.
Temporary, intermittent, and part-time services
In general
The Commission may obtain temporary, intermittent, and part-time services under section 3109 of title 5, United States Code, at rates not to exceed the maximum annual rate of basic pay payable under section 5376 of that title.
Non-applicability to certain services
This paragraph shall not apply to services under subsection (j)(1)(A)(iv).
Volunteer services
In general
Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and utilize the services of volunteers serving without compensation.
Reimbursement
The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.
Liability
In general
Subject to clause (ii), a volunteer described in subparagraph (A) shall be considered to be a volunteer for purposes of the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
Exception
Section 4(d) of the Volunteer Protection Act of 1997 (42 U.S.C. 14503(d)) shall not apply for purposes of a claim against a volunteer described in subparagraph (A).
Authorization of appropriations
There are authorized to be appropriated such sums as necessary to carry out this section.
.
Na Hoa Pili O Kaloko-Honokohau advisory commission
Section 505(f)(7)
of the National Parks and Recreation Act of 1978 (16 U.S.C. 396d(f)(7)) is
amended by striking ten years after the date of enactment of the Na Hoa
Pili Kaloko-Honokohau Re-establishment Act of 1996
and inserting
on Decmber 31, 2017
.
National Trails
Ice Age Floods National Geologic Trail
Findings; purpose
Findings
Congress finds that—
at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon;
geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and
in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail—
to recognize the national significance of this phenomenon; and
to coordinate public and private sector entities in the presentation of the story of the Ice Age floods.
Purpose
The purpose of this section is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities.
Definitions
In this section:
Ice age floods; floods
The term Ice Age floods or floods means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake in Missoula, Montana.
Plan
The term plan means the cooperative management and interpretation plan authorized under subsection (f)(5).
Secretary
The term Secretary means the Secretary of the Interior.
Trail
The term Trail means the Ice Age Floods National Geologic Trail designated by subsection (c).
Designation
In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail.
Location
Map
The route of the Trail shall be generally
depicted on the map entitled Ice Age Floods National Geologic
Trail,
numbered P43/80,000 and dated June 2004.
Route
The route shall generally follow public roads and highways.
Revision
The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan.
Map Availability
The map referred to in subsection (d)(1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Administration
In General
The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this section.
Limitation
Except as provided in paragraph (6)(B), the Trail shall not be considered to be a unit of the National Park System.
Trail Management Office
To improve management of the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity of the Trail.
Interpretive Facilities
The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan.
Management Plan
In general
Not later than 3 years after funds are made available to carry out this section, the Secretary shall prepare a cooperative management and interpretation plan for the Trail.
Consultation
The Secretary shall prepare the plan in consultation with—
State, local, and tribal governments; and
the Ice Age Floods Institute;
private property owners; and
other interested parties.
Contents
The plan shall—
confirm and, if appropriate, expand on the
inventory of features of the floods contained in the National Park Service
study entitled Ice Age Floods, Study of Alternatives and Environmental
Assessment
(February 2001) by—
locating features more accurately;
improving the description of features; and
reevaluating the features in terms of their interpretive potential;
review and, if appropriate, modify the map of the Trail referred to in subsection (d)(1);
describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and
identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods.
Cooperative Management
In general
In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91–383 (16 U.S.C. 1a–2(l)).
Authority
For purposes of this paragraph only, the Trail shall be considered a unit of the National Park System.
Cooperative Agreements
The Secretary may enter into cooperative agreements with public or private entities to carry out this section.
Effect on Private Property Rights
Nothing in this section—
requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or
modifies any provision of Federal, State, or local law with respect to public access to or use of private land.
Liability
Designation of the Trail by subsection (c) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section, of which not more than $12,000,000 may be used for development of the Trail.
Washington-Rochambeau Revolutionary Route 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:
Washington-Rochambeau revolutionary route national historic trail
In general
The Washington-Rochambeau Revolutionary Route National
Historic Trail, a corridor of approximately 600 miles following the route taken
by the armies of General George Washington and Count Rochambeau between
Newport, Rhode Island, and Yorktown, Virginia, in 1781 and 1782, as generally
depicted on the map entitled WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE
NATIONAL HISTORIC TRAIL
, numbered T01/80,001, and dated June 2007
.
Map
The map referred to in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Administration
The trail shall be administered by the Secretary of the Interior, in consultation with—
other Federal, State, tribal, regional, and local agencies; and
the private sector.
Land acquisition
The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally-managed area without the consent of the owner of the land or interest in land.
.
Revision of feasibility and suitability studies of existing national historic trails
Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following:
Revision of Feasibility and Suitability Studies of Existing National Historic Trails
Definitions
In this subsection:
Route
The term route includes a trail segment commonly known as a cutoff.
Shared route
The term shared route means a route that was a segment of more than 1 historic trail, including a route shared with an existing national historic trail.
Requirements for revision
In general
The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails.
Study requirements and objectives
The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection.
Completion and submission of study
A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study.
Oregon National Historic Trail
Study required
The Secretary of the Interior shall undertake a study of
the routes of the Oregon Trail listed in subparagraph (B) and generally
depicted on the map entitled Western Emigrant Trails 1830/1870
and dated 1991/1993, and of such other routes of the Oregon Trail that the
Secretary considers appropriate, to determine the feasibility and suitability
of designation of 1 or more of the routes as components of the Oregon National
Historic Trail.
Covered routes
The routes to be studied under subparagraph (A) shall include the following:
Whitman Mission route.
Upper Columbia River.
Cowlitz River route.
Meek cutoff.
Free Emigrant Road.
North Alternate Oregon Trail.
Goodale’s cutoff.
North Side alternate route.
Cutoff to Barlow road.
Naches Pass Trail.
Pony Express National Historic Trail
The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Pony Express National Historic Trail.
California National Historic Trail
Study required
The Secretary of the Interior shall undertake a study of
the Missouri Valley, central, and western routes of the California Trail listed
in subparagraph (B) and generally depicted on the map entitled Western
Emigrant Trails 1830/1870
and dated 1991/1993, and of such other and
shared Missouri Valley, central, and western routes that the Secretary
considers appropriate, to determine the feasibility and suitability of
designation of 1 or more of the routes as components of the California National
Historic Trail.
Covered routes
The routes to be studied under subparagraph (A) shall include the following:
Missouri Valley routes
Blue Mills-Independence Road.
Westport Landing Road.
Westport-Lawrence Road.
Fort Leavenworth-Blue River route.
Road to Amazonia.
Union Ferry Route.
Old Wyoming-Nebraska City cutoff.
Lower Plattsmouth Route.
Lower Bellevue Route.
Woodbury cutoff.
Blue Ridge cutoff.
Westport Road.
Gum Springs-Fort Leavenworth route.
Atchison/Independence Creek routes.
Fort Leavenworth-Kansas River route.
Nebraska City cutoff routes.
Minersville-Nebraska City Road.
Upper Plattsmouth route.
Upper Bellevue route.
Central routes
Cherokee Trail, including splits.
Weber Canyon route of Hastings cutoff.
Bishop Creek cutoff.
McAuley cutoff.
Diamond Springs cutoff.
Secret Pass.
Greenhorn cutoff.
Central Overland Trail.
Western routes
Bidwell-Bartleson route.
Georgetown/Dagget Pass Trail.
Big Trees Road.
Grizzly Flat cutoff.
Nevada City Road.
Yreka Trail.
Henness Pass route.
Johnson cutoff.
Luther Pass Trail.
Volcano Road.
Sacramento-Coloma Wagon Road.
Burnett cutoff.
Placer County Road to Auburn.
Mormon Pioneer National Historic Trail
Study required
The Secretary of the Interior shall undertake a study of
the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally
depicted in the map entitled Western Emigrant Trails 1830/1870
and dated 1991/1993, and of such other routes of the Mormon Pioneer Trail that
the Secretary considers appropriate, to determine the feasibility and
suitability of designation of 1 or more of the routes as components of the
Mormon Pioneer National Historic Trail.
Covered routes
The routes to be studied under subparagraph (A) shall include the following:
1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa).
1856–57 Handcart route (Iowa City to Council Bluffs).
Keokuk route (Iowa).
1847 Alternative Elkhorn and Loup River Crossings in Nebraska.
Fort Leavenworth Road; Ox Bow route and alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants).
1850 Golden Pass Road in Utah.
Shared California and Oregon Trail routes
Study required
The Secretary of the Interior shall undertake a study of
the shared routes of the California Trail and Oregon Trail listed in
subparagraph (B) and generally depicted on the map entitled Western
Emigrant Trails 1830/1870
and dated 1991/1993, and of such other shared
routes that the Secretary considers appropriate, to determine the feasibility
and suitability of designation of 1 or more of the routes as shared components
of the California National Historic Trail and the Oregon National Historic
Trail.
Covered routes
The routes to be studied under subparagraph (A) shall include the following:
St. Joe Road.
Council Bluffs Road.
Sublette cutoff.
Applegate route.
Old Fort Kearny Road (Oxbow Trail).
Childs cutoff.
Raft River to Applegate.
.
National Trails System willing seller authority
Authority To acquire land from willing sellers for certain trails
Oregon national historic trail
Section 5(a)(3) of the National Trails
System Act (16
U.S.C. 1244(a)(3)) is amended by adding at the end the
following: No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land or interest in
land. The authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than
1/4 mile on either side of the trail.
.
Mormon pioneer national historic trail
Section 5(a)(4) of the National Trails
System Act (16
U.S.C. 1244(a)(4)) is amended by adding at the end the
following: No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land or interest in
land. The authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than
1/4 mile on either side of the trail.
.
Continental divide national scenic trail
Section 5(a)(5) of the National Trails
System Act (16
U.S.C. 1244(a)(5)) is amended by adding at the end the
following: No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land or interest in
land. The authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than
1/4 mile on either side of the trail.
.
Lewis and clark national historic trail
Section 5(a)(6) of the National Trails
System Act (16
U.S.C. 1244(a)(6)) is amended by adding at the end the
following: No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land or interest in
land. The authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than
1/4 mile on either side of the trail.
.
Iditarod national historic trail
Section 5(a)(7) of the National Trails
System Act (16
U.S.C. 1244(a)(7)) is amended by adding at the end the
following: No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land or interest in
land. The authority of the Federal Government to acquire fee title under this
paragraph shall be limited to an average of not more than
1/4 mile on either side of the trail.
.
North country national scenic trail
Section 5(a)(8) of the National Trails
System Act (16
U.S.C. 1244(a)(8)) is amended by adding at the end the
following: No land or interest in land outside the exterior boundaries
of any federally administered area may be acquired by the Federal Government
for the trail except with the consent of the owner of the land or interest in
land.
.
Ice age national scenic trail
Section
5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is
amended by adding at the end the following: No land or interest in land
outside the exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with the consent of the
owner of the land or interest in land.
.
Potomac heritage national scenic trail
Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended—
by striking the fourth and fifth sentences; and
by adding at the end the following:
No land or interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal Government for the
trail except with the consent of the owner of the land or interest in
land.
.
Nez perce national historic trail
Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended—
by striking the fourth and fifth sentences; and
by adding at the end the following:
No land or interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal Government for the
trail except with the consent of the owner of the land or interest in land. The
authority of the Federal Government to acquire fee title under this paragraph
shall be limited to an average of not more than 1/4 mile
on either side of the trail.
.
Conforming amendment
Section 10 of the National Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following:
Authorization of appropriations
In general
Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a).
Natchez Trace National Scenic Trail
In general
With respect to the Natchez Trace National Scenic Trail
(referred to in this paragraph as the trail
) designated by
section 5(a)(12)—
not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and
not more than $2,000,000 shall be appropriated for the development of the trail.
Participation by volunteer trail groups
The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.
.
National Heritage Areas
National heritage areas partnership
Purposes
The purposes of this section are—
to promote public understanding, appreciation, and enjoyment of many places, events and people that have contributed to the story of the United States;
to promote innovative and partnership-driven management strategies that recognize regional values, encourage locally tailored resource stewardship and interpretation, and provide for the effective leveraging of Federal funds with other local, State, and private funding sources;
to unify national standards and processes for conducting feasibility studies, designating a system of National Heritage Areas, and approving management plans for National Heritage Areas;
to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within National Heritage Areas; and
to provide financial and technical assistance to National Heritage Area local coordinating entities that act as a catalyst for diverse regions, communities, organizations, and citizens to undertake projects and programs for collaborative resource stewardship and interpretation.
Definitions
In this section:
Local coordinating entity
The term local coordinating entity means the entity designated by Congress—
to develop, in partnership with others, the management plan for a National Heritage Area; and
to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area.
Management plan
The term management plan means the plan prepared by the local coordinating entity for a National Heritage Area designated by Congress that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with subsection (f).
National heritage area
The term National Heritage Area means an area designated by Congress that is nationally important to the heritage of the United States and meets the criteria established under subsection (d)(1).
National importance
The term national importance means possession of—
unique natural, historical, cultural, educational, scenic, or recreational resources of exceptional value or quality; and
a high degree of integrity of location, setting, or association in illustrating or interpreting the heritage of the United States.
Proposed national heritage area
The term proposed National Heritage Area means an area under study by the Secretary or other parties for potential designation by Congress as a National Heritage Area.
Secretary
The term Secretary means the Secretary of the Interior.
Study
The term study means a study conducted by the Secretary, or conducted by 1 or more other interested parties and reviewed by the Secretary, in accordance with the criteria and processes established under subsection (d), to determine whether an area meets the criteria to be designated as a National Heritage Area by Congress.
System
The term system means the system of National Heritage Areas established under subsection (c)(1).
National Heritage Areas system
In General
In order to recognize certain areas of the United States that tell nationally important stories and to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the areas that together illustrate significant aspects of the heritage of the United States, there is established a system of National Heritage Areas through which the Secretary shall provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of the National Heritage Areas.
System
The system of National Heritage Areas shall be composed of—
National Heritage Areas established by Congress before or on the date of enactment of this Act; and
National Heritage Areas established by Congress after the date of enactment of this Act, as provided for in this section.
Relationship to the National Park System
Relationship to national park units
The Secretary shall—
ensure, to the maximum extent practicable, participation and assistance by units of the National Park System located near or encompassed by National Heritage Areas in local initiatives for National Heritage Areas that conserve and interpret resources consistent with an approved management plan; and
work with National Heritage Areas to promote public enjoyment of units of the National Park System and park-related resources.
Applicability of laws
National Heritage Areas shall not be—
considered to be units of the National Park System; or
subject to the laws applicable to units of the National Park System.
Duties
Under the system, the Secretary shall—
conduct studies, as directed by Congress, to assess the suitability and feasibility of designating proposed National Heritage Areas; or
review and comment on studies undertaken by other parties to make such assessment;
provide technical and financial assistance, on a reimbursable or non-reimbursable basis (as determined by the Secretary), for the development and implementation of management plans for designated National Heritage Areas;
enter into cooperative agreements with interested parties to carry out this section;
provide information, promote understanding, and encourage research on National Heritage Areas in partnership with local coordinating entities;
provide national oversight, analysis, coordination, and technical and financial assistance and support to ensure consistency and accountability under the system;
submit annually 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 allocation and expenditure of funds for activities conducted with respect to National Heritage Areas under this section; and
conduct an evaluation of, and prepare a report on, National Heritage Areas in accordance with subsection (g).
Studies
Criteria
In conducting or reviewing a study, the Secretary shall apply the following criteria to determine the suitability and feasibility of designating a proposed National Heritage Area:
An area—
has an assemblage of natural, historic, cultural, educational, scenic, or recreational resources that together are nationally important to the heritage of the United States;
represents distinctive aspects of the heritage of the United States worthy of recognition, conservation, interpretation, and continuing use;
is best managed as such an assemblage through partnerships among public and private entities at the local or regional level;
reflects traditions, customs, beliefs, and folklife that are a valuable part of the heritage of the United States;
provides outstanding opportunities to conserve natural, historical, cultural, or scenic features;
provides outstanding recreational or educational opportunities; and
has resources and traditional uses that have national importance.
Residents, business interests, nonprofit organizations, and governments (including relevant Federal land management agencies) within the proposed area are involved in the planning and have demonstrated significant support through letters and other means for National Heritage Area designation and management.
The local coordinating entity responsible for preparing and implementing the management plan is identified.
The proposed local coordinating entity and units of government supporting the designation are willing and have documented a significant commitment to work in partnership to protect, enhance, interpret, fund, manage, and develop resources within the National Heritage Area.
The proposed local coordinating entity has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the National Heritage Area.
The proposal is consistent with continued economic activity within the area.
A conceptual boundary map has been developed and is supported by the public and participating Federal agencies.
Consultation
In conducting or reviewing a study, the Secretary shall consult with the managers of any Federal land within the proposed National Heritage Area and secure the concurrence of the managers with the findings of the study before making a determination for designation.
Approval
On completion or receipt of a study for a National Heritage Area, the Secretary shall—
review, comment on, and determine if the study meets the criteria specified in paragraph (1) for designation as a National Heritage Area;
consult with the Governor of each State in which the proposed National Heritage Area is located; and
transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, the study, including—
any comments received from the Governor of each State in which the proposed National Heritage Area is located; and
a finding as to whether the proposed National Heritage Area meets the criteria for designation.
Disapproval
If the Secretary determines that any proposed National Heritage Area does not meet the criteria for designation, the Secretary shall include within the study submitted under paragraph (3)(C) a description of the reasons for the determination.
Designation of National Heritage Areas
In General
The designation of a National Heritage Area shall be—
by Act of Congress; and
contingent on the prior completion of a study and an affirmative determination by the Secretary that the area meets the criteria established under subsection (d)(1).
Component of the System
Any National Heritage Area designated under paragraph (1) shall be a component of the system.
Management plans
Requirements
The management plan for any National Heritage Area shall—
describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area;
include a description of actions and commitments that governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;
specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area;
include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed;
recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;
describe a program for implementation for the management plan, including—
performance goals;
plans for resource protection, enhancement, interpretation, funding, management, and development; and
specific commitments for implementation that have been made by the local coordinating entity or any government agency, organization, business, or individual;
include an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this section; and
include a business plan that—
describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and
provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area.
Deadline
In general
Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval.
Termination of funding
If the management plan is not submitted to the Secretary in accordance with subparagraph (A), the local coordinating entity shall not qualify for any additional financial assistance under this section until such time as the management plan is submitted to and approved by the Secretary.
Approval of Management Plan
Review
Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under subparagraph (C).
Consultation
The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area.
Criteria for approval
In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—
the local coordinating entity represents the diverse interests of the National Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners;
the local coordinating entity—
has afforded adequate opportunity for public and governmental involvement (including through workshops and hearings) in the preparation of the management plan; and
provides for at least semiannual public meetings to ensure adequate implementation of the management plan;
the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area;
the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans;
the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan;
the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local elements of the management plan; and
the management plan demonstrates partnerships among the local coordinating entity, Federal, State, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.
Disapproval
In general
If the Secretary disapproves the management plan, the Secretary—
shall advise the local coordinating entity in writing of the reasons for the disapproval; and
may make recommendations to the local coordinating entity for revisions to the management plan.
Deadline
Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan.
Amendments
In general
An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan.
Implementation
The local coordinating entity shall not use Federal funds authorized by this section to implement an amendment to the management plan until the Secretary approves the amendment.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for a National Heritage Area under subsection (l)(2)(B), the Secretary shall—
conduct an evaluation of the accomplishments of the National Heritage Area; and
prepare a report in accordance with paragraph (3).
Evaluation
An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the local coordinating entity with respect to—
accomplishing the purposes of the authorizing legislation for the National Heritage Area; and
achieving the goals and objectives of the approved management plan for the National Heritage Area;
analyze the Federal, State, local, and private investments in the National Heritage Area to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area.
Report
In general
Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.
Required analysis
If the report prepared under subparagraph (A) recommends that Federal funding for the National Heritage Area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the National Heritage Area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress
On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Local coordinating entities
Duties
To further the purposes of the National Heritage Area, the local coordinating entity shall—
prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with subsection (f);
submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section, specifying—
the specific performance goals and accomplishments of the local coordinating entity;
the expenses and income of the local coordinating entity;
the amounts and sources of matching funds;
the amounts leveraged with Federal funds and sources of the leveraging; and
grants made to any other entities during the fiscal year;
make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds; and
encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area.
Authorities
For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this section to—
make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area;
enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties;
hire and compensate staff, including individuals with expertise in—
natural, historical, cultural, educational, scenic, and recreational resource conservation;
economic and community development; and
heritage planning;
obtain funds or services from any source, including other Federal laws or programs;
contract for goods or services; and
support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan.
Prohibition on Acquisition of Real Property
The local coordinating entity may not use Federal funds authorized under this section to acquire any interest in real property.
Relationship to other Federal agencies
In General
Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
Consultation and Coordination
The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.
Other Federal Agencies
Nothing in this section—
modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or
modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
Private property and regulatory protections
Nothing in this section—
abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area;
requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to any local coordinating entity;
authorizes or implies the reservation or appropriation of water or water rights;
diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or
creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
Partnership support
Technical Assistance
On termination of the 15-year period for which assistance is provided under subsection (l), the Secretary may, on request of a local coordinating entity, continue to provide technical assistance to a National Heritage Area under subsection (c).
Grant Assistance
In general
The Secretary may establish a grant program under which the Secretary provides grants, on a competitive basis, to local coordinating entities for the conduct of individual projects at National Heritage Areas for which financial assistance has terminated under subsection (l).
Conditions
The provision of a grant under subparagraph (A) shall be subject to the condition that—
a project must be approved by the local coordinating entity as promoting the purposes of the management plan required under subsection (f);
a project may receive only 1 grant of no more than $250,000 in any 1 fiscal year;
a maximum of $250,000 may be received by a local coordinating entity for projects funded under this paragraph in any 1 fiscal year; and
a project shall not be eligible for funding under this section in any fiscal year that a local coordinating entity receives an appropriation through the National Park Service (excluding technical assistance) for the National Heritage Area at which the project is being conducted.
Report
For each fiscal year in which assistance is provided under this subsection, the Secretary shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a list of the projects provided assistance for the fiscal year.
Authorization of appropriations
Studies
There is authorized to be appropriated to conduct and review studies under subsection (d) $750,000 for each fiscal year, of which not more than $250,000 for any fiscal year may be used for any individual study for a proposed National Heritage Area.
Local Coordinating Entities
In general
There is authorized to be appropriated to carry out subsection (h) $25,000,000 for each fiscal year, of which not more than—
$1,000,000 may be made available for any fiscal year for any individual National Heritage Area, to remain available until expended; and
a total of $10,000,000 may be made available for all such fiscal years for any individual National Heritage Area.
Termination date
In general
The authority of the Secretary to provide financial assistance to an individual local coordinating entity under this subsection (excluding technical assistance and administrative oversight) shall terminate on the date that is 15 years after the date of enactment of this Act.
Designation
A National Heritage Area shall retain the designation as a National Heritage Area after the termination date prescribed in clause (i).
Administration
Not more than 5 percent of the amount of funds made available under subparagraph (A) for a fiscal year may be used by the Secretary for technical assistance, oversight, and administrative purposes.
Heritage Partnership Grant Assistance
There is authorized to be appropriated to the Secretary to carry out subsection (k) $5,000,000 for each fiscal year.
Matching Funds
In general
As a condition of receiving a grant under this section, the recipient of the grant shall provide matching funds in an amount that is equal to the amount of the grant.
Administration
The recipient matching funds—
shall be derived from non-Federal sources; and
may be made in the form of in-kind contributions of goods or services fairly valued.
Reauthorization of certain national heritage areas
Boundaries of the rivers of steel national heritage area
Section 403(b) of the Steel Industry
American Heritage Area Act of 1996 (16 U.S.C. 461 note; Public Law 104–333) is
amended by inserting Butler,
before
Fayette
.
Ohio & Erie National Heritage Canalway technical corrections
The Ohio & Erie Canal National Heritage Corridor Act of 1996 (16 U.S.C. 461 note; Public Law 104–333) is amended—
by striking
Canal National Heritage Corridor
each place it appears and
inserting National Heritage Canalway
;
by striking
the corridor
each place it appears and inserting the
Canalway
;
in section 803—
in paragraph (1),
by striking The term
and inserting
corridor
The term
;Canalway
by striking paragraph (2);
by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), and (6), respectively;
in paragraph
(2) (as redesignated by subparagraph (C)), by striking 808
and
inserting 806
; and
in paragraph
(6) (as redesignated by subparagraph (C)), by striking 807(a)
and inserting 805(a)
;
in section 804—
in the second
sentence of subsection (b)(1), by striking 808
and inserting
806
; and
in subsection
(c), by striking The corridor
and inserting The
Canalway
;
by striking sections 805 and 806;
by redesignating sections 807, 808, 809, 810, 811, and 812 as sections 805, 806, 807, 808, 809, and 810, respectively;
in section
805(c)(2) (as redesignated by paragraph (6)), by striking 808
and inserting 806
;
in section 806 (as redesignated by paragraph (6))—
in subsection (a)(1)—
in
the heading, by striking Committee
and inserting
Secretary
; and
by
striking Committee
and inserting
Secretary
;
in subsection (a)(3)—
in
subparagraph (A), by striking from the Committee.
and inserting
a comma; and
in the first
sentence of subparagraph (B), by striking Committee
and
inserting management entity
;
in subsection
(e), by striking 807(d)(1)
and inserting
805(d)(1)
; and
in subsection
(f), by striking 807(d)(1)
and inserting
805(d)(1)
;
in section 807(c)
(as redesignated by paragraph (6)), by striking Cuyahoga Valley National
Recreation Area
and inserting Cuyahoga Valley National
Park
;
in section 808 (as redesignated by paragraph (6))—
in subsection
(b), by striking Committee or
; and
in subsection
(c), in the matter before paragraph (1), by striking Committee
and inserting management entity
; and
in section 809
(as redesignated by paragraph (6)), by inserting financial
before assistance
.
Delaware And Lehigh National Heritage Corridor local coordinating entity
The Delaware and Lehigh National Heritage Corridor Act of 1988 (16 U.S.C. 461 note; Public Law 100–692) is amended—
in section 9—
by striking
The Commission
and inserting the following:
In general
The Commission
; and
by adding at the end the following:
Corporation as local coordinating entity
Beginning on the date of enactment of the Natural Resource Projects and Programs Authorization Act of 2007, the Corporation shall be the local coordinating entity for the Corridor.
Implementation of management plan
The Corporation shall assume the duties of the Commission for the implementation of the Plan.
Use of funds
The Corporation may use Federal funds made available under this Act—
to make grants to, and enter into cooperative agreements with, the Federal Government, the Commonwealth, political subdivisions of the Commonwealth, nonprofit organizations, and individuals;
to hire, train, and compensate staff; and
to enter into contracts for goods and services.
Restriction on use of funds
The Corporation may not use Federal funds made available under this Act to acquire land or an interest in land.
;
in section 10—
in the first
sentence of subsection (c), by striking shall assist the
Commission
and inserting shall, on the request of the
Corporation, assist
;
in subsection (d)—
by striking
Commission
each place it appears and inserting
Corporation
;
by striking
The Secretary
and inserting the following:
In general
The Secretary
; and
by adding at the end the following:
Cooperative agreements
The Secretary may enter into cooperative agreements with the Corporation and other public or private entities for the purpose of providing technical assistance and grants under paragraph (1).
Priority
In providing assistance to the Corporation under paragraph (1), the Secretary shall give priority to activities that assist in—
conserving the significant natural, historic, cultural, and scenic resources of the Corridor; and
providing educational, interpretive, and recreational opportunities consistent with the purposes of the Corridor.
; and
by adding at the end the following:
Transition memorandum of understanding
The Secretary shall enter into a memorandum of understanding with the Corporation to ensure—
appropriate transition of management of the Corridor from the Commission to the Corporation; and
coordination regarding the implementation of the Plan.
;
in section 11, in
the matter preceding paragraph (1), by striking directly
affecting
;
in section 12—
in subsection
(a), by striking Commission
each place it appears and inserting
Corporation
;
in subsection
(c)(1), by striking 2007
and inserting 2012
;
and
by adding at the end the following:
Termination of assistance
The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 5 years after the date of enactment of this subsection.
; and
in section 14—
by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and
by inserting after paragraph (3) the following:
the term Corporation means the Delaware & Lehigh National Heritage Corridor, Incorporated, an organization described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986;
.
Additional authorization of appropriations for certain national heritage areas and national heritage corridors
Authorization of appropriations
Division II of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4243) is amended in
sections 409(a), 508(a), 608(a), and 810(a) (as redesignated by section
(3)(a)(5)), by striking $10,000,000
each place it appears and
inserting $15,000,000
.
Evaluations
In general
Not later than 3 years before the date on which authority for Federal funding terminates for each of the Ohio & Erie Canal National Heritage Corridor, the Rivers Of Steel National Heritage Area, the Essex National Heritage Area, and the South Carolina National Heritage Corridor, the Secretary of the Interior shall conduct an evaluation of, and prepare a report on, the accomplishments of the applicable national heritage area.
Components
An evaluation prepared under subparagraph (A) shall—
assess the progress of the management entity with respect to—
accomplishing the purposes of the authorizing legislation for the national heritage area; and
achieving the goals and objectives of the approved management plan or heritage plan for the national heritage area;
analyze the Federal, State, local, and private investments in the national heritage area to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the national heritage area for purposes of identifying the critical components for the sustainability of the national heritage area.
Recommendations
In general
Based on the evaluation conducted under subparagraph (A), the Secretary shall include in the report recommendations for what role, if any, the National Park Service should have with respect to the national heritage area.
Required analysis
If the Secretary recommends in the report that Federal funding for national heritage area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the national heritage area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress
On completion of a report under this subsection, the Secretary of the Interior shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
National Coal Heritage Area technical corrections
In general
The National Coal Heritage Area Act of 1996 (16 U.S.C. 461 note; Public Law 104–333) is amended—
in section 103(b)—
by
striking shall be shall be comprised
and inserting shall
be comprised
; and
by
striking counties; and
and inserting
counties
;
in section 105—
in the first sentence—
by striking
The resources
and inserting the following:
In general
The resources
;
by striking
paragraph (2) of
; and
by striking
include those set forth in
and inserting “include—
resources in Lincoln County, West Virginia, and Paint Creek and Cabin Creek in Kanawha County, West Virginia, as determined to be appropriate by the National Coal Heritage Area Authority; and
resources described in
; and
in
the second sentence, by striking Priority consideration
and
inserting the following:
Priority
Priority consideration
; and
in section 106—
in subsection (a)—
in the matter
preceding paragraph (1), by striking Governor
and all that
follows through Parks,
and inserting National Coal
Heritage Area Authority
; and
in paragraph
(3), by striking State of West Virginia
and all that follows
through entities, or
and inserting National Coal Heritage
Area Authority or
; and
in
subsection (b), by inserting not
before
meet
.
Continuation of agreement
The contractual agreement entered into under section 104 of the National Coal Heritage Area Act of 1996 (16 U.S.C. 461 note; Public Law 104–333), as in effect on the day before the date of enactment of this Act, shall continue to be in effect, except that the contractual agreement shall be between the Secretary of the Interior and the National Coal Heritage Area Authority rather than the Secretary of the Interior and the Governor of West Virginia.
Quinebaug and Shetucket Rivers Valley National Heritage Corridor
Termination of authority
Section 106(b) of the Quinebaug and
Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461
note; Public Law 103–449) is amended by striking September 30,
2009
and inserting September 30, 2015
.
Evaluation; report
Section 106 of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103–449) is amended by adding at the end the following:
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the Corridor, the Secretary shall—
conduct an evaluation of the accomplishments of the Corridor; and
prepare a report in accordance with paragraph (3).
Evaluation
An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the management entity with respect to—
accomplishing the purposes of this title for the Corridor; and
achieving the goals and objectives of the management plan for the Corridor;
analyze the Federal, State, local, and private investments in the Corridor to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the Corridor for purposes of identifying the critical components for sustainability of the Corridor.
Report
In general
Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Corridor.
Required analysis
If the report prepared under subparagraph (A) recommends that Federal funding for the Corridor be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the Corridor may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress
On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
.
Authorization of appropriations
Section 109(a)
of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of
1994 (16 U.S.C. 461 note; Public Law 103–449) is amended by striking
$10,000,000
and inserting $15,000,000
.
Journey Through Hallowed Ground National Heritage Area
Definitions
In this section:
Heritage area
The term Heritage Area means the Journey Through Hallowed Ground National Heritage Area.
Management entity
The term management entity means The Journey Through Hallowed Ground Partnership, a Virginia nonprofit corporation referred to in subsection (b)(3), or its successor entity.
Management plan
The term management plan means the management plan for the Heritage Area.
Partner
The term partner means—
a Federal, State, or local governmental entity; and
an organization, private industry, or individual involved in promoting the conservation and preservation of the historical, cultural, and recreational resources of the Heritage Area.
Secretary
The term Secretary means the Secretary of the Interior.
Journey Through Hallowed Ground National Heritage Area
Establishment
There is hereby established the Journey Through Hallowed Ground National Heritage Area.
Boundaries
In general
The Heritage Area
shall consist of the 175-mile region generally following the Route 15 corridor
and surrounding areas, as generally depicted on the map entitled Journey
Through Hallowed Ground National Heritage Area
, numbered P90/80,000,
and dated October 2006.
Map
The map referred to in subparagraph (A) shall be on file in the appropriate offices of the National Park Service.
Management entity
The management entity for the Heritage Area shall be The Journey Through Hallowed Ground Partnership, a Virginia nonprofit corporation.
Board of trustees
The board of trustees of the management entity shall include representatives from a broad cross-section of the individuals, agencies, organizations, States, and governments that—
are partners of the management entity; and
will oversee the development and implementation of the management plan.
Authorities and duties of management entity
Authorities of the management entity
Authority to accept funds
The management entity may accept funds from any Federal source and from States and their political subdivisions, private organizations, nonprofit organizations, or any other person to carry out its authorities and duties under this section.
Use of funds
The management entity may use funds made available under this section for purposes of preparing, updating, and implementing the management plan. Such purposes may include the following:
Making grants to, and entering into cooperative agreements with, States and their political subdivisions, private organizations, non-profit organizations or any other person.
Hiring and compensating staff.
Entering into contracts for goods, services, and leases for office space.
Undertaking any other initiatives that advance the purposes of the Heritage Area that are recommended in the management plan.
Management plan
The management entity shall develop a management plan for the Heritage Area that—
presents comprehensive strategies and recommendations for conservation, funding, management, and development of the Heritage Area;
takes into consideration existing State, county, and local plans and involves residents, public agencies, and private organizations working in the Heritage Area;
includes a description of actions that units of government and private organizations and individuals have decided to undertake in furtherance of the purposes of this section;
specifies the existing and potential sources of funding to protect, support, manage, and develop the Heritage Area;
includes an inventory of the natural, historical, cultural, architectural, scenic, and recreational resources in the Heritage Area that wish to be preserved, restored, supported, managed, developed, or maintained, because of the national historic significance of the resources;
includes an analysis of ways in which local, State, and Federal programs may coordinate to promote the purposes of this section; including recommendations from the Commonwealth of Virginia, the States of Maryland and West Virginia, and the Commonwealth of Pennsylvania (and political subdivisions thereof) for the management, protection, support, and interpretation of the natural, cultural, and historical resources of the Heritage Area;
identifies appropriate partners and partnerships among Federal, State, and local governments, regional entities, and the private sector in furtherance of the purposes of this section;
includes locations for visitor contact and major interpretive facilities;
includes provisions for appropriate living history demonstrations and battlefield reenactments;
includes provisions for implementing a continuing program of interpretation for resident, student, and visitor education concerning the resources and values of the Heritage Area;
includes provisions for a uniform historical marker and wayside exhibit program in the Heritage Area, including a provision for marking, with the consent of the owner, historic structures and properties that are contained within the historic core areas and contribute to the understanding of the Heritage Area;
includes provisions for the protection and interpretation of the natural, cultural, and historic resources of the Heritage Area consistent with this section; and
includes provisions for the development of educational outreach programs for students of all ages to further the understanding of the vast resources within the Heritage Area.
Deadline for submission; prerequisites
Deadline
The management entity shall submit the management plan to the Secretary not later than the end of the 3–year period beginning on the date on which funds are first made available for this section.
Prerequisites
Before submitting the management plan to the Secretary, the management entity shall ensure that—
the Commonwealth of Virginia, the States of Maryland and West Virginia, the Commonwealth of Pennsylvania, and any political subdivision thereof that would be affected by the management plan, receives a copy of the management plan;
adequate notice of availability of the management plan is provided through publication in appropriate local newspapers in the area of the Heritage Area;
at least 1 public hearing is conducted by the management entity at a location within the Heritage Area in each congressional district included in whole or in part in the Heritage Area to review and receive comments on the management plan; and
a committee made up of elected officials of local governments within the boundaries of the Heritage Area, including mayors, town and county council chairs, and members of borough commissions and boards of supervisors, has had an opportunity to review, comment on, and approve (by majority vote) the management plan.
Termination of funding
If a management plan is not submitted to the Secretary in accordance with paragraph (3), the Secretary shall not, after the end of the period specified in such paragraph, provide any grant or other assistance under this section with respect to the Heritage Area until a management plan for the Heritage Area is submitted to the Secretary.
Duties of management entity
The management entity shall—
give priority to implementing actions set forth in the management plan;
assist units of government, regional planning organizations, and nonprofit organizations in—
establishing and maintaining interpretive materials and exhibits in the Heritage Area;
developing historical and cultural resources and educational programs in the Heritage Area;
increasing public awareness of and appreciation for the natural, historical, cultural, architectural, scenic, and recreational resources and sites in the Heritage Area;
the restoration of any historic building relating to the themes of the Heritage Area;
ensuring that clear signs identifying access points and sites of interest are put in place throughout the Heritage Area; and
carrying out other actions that the management entity determines to be advisable to fulfill the purposes of this section;
encourage by appropriate means economic viability in the Heritage Area consistent with the purposes of this section;
consider the interests of diverse governmental, business, nonprofit groups, and individuals within the Heritage Area; and
for any year in which Federal funds have been provided to implement the management plan—
conduct public meetings at least annually regarding the implementation of the management plan;
submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each person to which any grant was made by the management entity in the year for which the report is made; and
require, for all agreements entered into by the management entity authorizing expenditure of Federal funds by any other person, that the person making the expenditure make available to the management entity for audit all records pertaining to the expenditure of such funds.
Prohibition on the acquisition of real property
The management entity may not use Federal funds received under this section to acquire real property or any interest in real property. No State or local subdivision of a State shall use any Federal funds received pursuant to this section to acquire any interest in real property by condemnation or otherwise.
Approval or disapproval of management plan
Time for consideration; criteria
The Secretary, in consultation with the Governors of the Commonwealth of Virginia, the States of Maryland and West Virginia, and the Commonwealth of Pennsylvania, shall approve or disapprove a management plan submitted under subsection (c) not later than 180 days after receiving the plan. In considering the plan, the Secretary shall take into consideration the following criteria:
The extent to which the management plan, when implemented, would adequately preserve, support and protect the significant historical, cultural and recreational resources of the Heritage Area.
The level of public participation in the development of the management plan.
The extent to which the board of trustees of the management entity is representative of the local governments affected and a wide range of interested organizations and citizens.
Action following disapproval
If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions in the management plan. The Secretary shall approve or disapprove a proposed revision within 180 days after the date it is submitted.
Approving changes
The Secretary shall review and approve or disapprove any amendment to the management plan that would make a substantial change to the management plan, as determined by the Secretary. The review and approval or disapproval of an amendment shall be conducted in the manner provided under paragraphs (1) and (2). Funds appropriated under this section may not be expended to implement the changes made by such an amendment unless and until the Secretary approves the amendment.
Availability of annual reports
The management entity shall post each annual report prepared under subsection (c)(5)(E)(ii) on a website maintained by the management entity.
Provision of financial and technical assistance
Overall assistance
Upon the request of the management entity and subject to the availability of appropriations, the Secretary may provide technical and financial assistance to the management entity to carry out its duties under this section, including updating and implementing the management plan and, prior to approval of the management plan, providing assistance for initiatives.
Technical assistance
In general
The Secretary, on request of the management entity, may provide technical assistance to the management entity to carry out the duties of the management entity under this section, including updating and implementing the management plan and, prior to approval of the management plan, providing assistance for initiatives.
Limitation
Technical assistance provided under this paragraph shall be provided on a reimbursable basis, except that this paragraph does not preclude the Secretary from providing nonreimbursable assistance under paragraph (1).
Priority
In assisting the management entity, the Secretary shall give priority to actions that assist in—
the implementation of the management plan;
the provision of educational assistance and advice regarding management of the significant historic resources of the region;
the development and application of techniques promoting the preservation of cultural, recreational and historic properties;
the preservation, restoration, and reuse of publicly and privately owned historic buildings;
the design and fabrication of a wide range of interpretive materials based on the management plan, including, among other things, guide brochures, visitor displays, audio-visual, books, interpretive dialogues, interactive exhibits, and educational curriculum materials for public education; and
the implementation of initiatives prior to approval of the management plan.
Matching funds
As a condition of providing financial assistance under this subsection to the management entity, the Secretary shall require the recipient to provide matching funds in an amount equal to the amount of the financial assistance provided by the Secretary. Recipient matching funds—
shall be derived from non-Federal sources; and
may be made in the form of in-kind contributions of goods and services fairly valued.
Duties of other Federal entities
Any Federal entity conducting or supporting activities directly and significantly affecting the Heritage Area shall—
consult with the Secretary and the management entity with respect to the activities;
cooperate with the Secretary and the management entity in carrying out the duties of the Secretary and the management entity under this section and, to the maximum extent practicable, coordinate the activities with the carrying out of the duties; and
to the maximum extent practicable, conduct or support the activities in a manner that shall not have an adverse effect on the Heritage Area.
Private property and regulatory protections
Nothing in this section—
abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity;
authorizes or implies the reservation or appropriation of water or water rights;
diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
conduct an evaluation of the accomplishments of the Heritage Area; and
prepare a report in accordance with paragraph (3).
Evaluation
An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the management entity with respect to—
accomplishing the purposes of the authorizing legislation for the Heritage Area; and
achieving the goals and objectives of the approved management plan for the Heritage Area;
analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
Report
In general
Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
Required analysis
If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress
On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Use of Federal funds from other sources
Nothing in this section preclude the management entity from using Federal funds available under Acts other than this section for the purposes for which those funds were authorized.
Sunset for grants and other assistance
The Secretary may not make any grant or provide any other financial assistance under this section after the expiration of the 15-year period beginning on the date of enactment of this Act.
Authorization of appropriations
Authorization of appropriations
Subject to paragraph (2), there are authorized to be appropriated to carry out this section not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.
Limitation on total amounts appropriated
Not more than $10,000,000 may be appropriated to carry out this section.
Sangre de Cristo National Heritage Area
Definitions
In this section:
Heritage area
The term Heritage Area means the Sangre de Cristo National Heritage Area established by subsection (b)(1).
Management entity
The term management entity means the management entity for the Heritage Area designated by subsection (b)(4).
Management plan
The term management plan means the management plan for the Heritage Area required under subsection (d).
Map
The term map means the map
entitled Proposed Sangre De Cristo National Heritage Area
and
dated November 2005.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Colorado.
Sangre de cristo national heritage area
Establishment
There is established in the State the Sangre de Cristo National Heritage Area.
Boundaries
The Heritage Area shall consist of—
the counties of Alamosa, Conejos, and Costilla; and
the Monte Vista National Wildlife Refuge, the Baca National Wildlife Refuge, the Great Sand Dunes National Park and Preserve, and other areas included in the map.
Map
A map of the Heritage Area shall be—
included in the management plan; and
on file and available for public inspection in the appropriate offices of the National Park Service.
Management entity
In general
The management entity for the Heritage Area shall be the Sangre de Cristo National Heritage Area Board of Directors.
Membership requirements
Members of the Board shall include representatives from a broad cross-section of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.
Administration
Authorities
For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this section to—
make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;
enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties;
hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;
obtain money or services from any source including any that are provided under any other Federal law or program;
contract for goods or services; and
undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan.
Duties
The management entity shall—
in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary;
assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by—
carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area;
establishing and maintaining interpretive exhibits and programs in the Heritage Area;
developing recreational and educational opportunities in the Heritage Area;
increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area;
protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;
ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and
promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area;
consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;
conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
for any year that Federal funds have been received under this section—
submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made);
make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and
require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
encourage by appropriate means economic viability that is consistent with the Heritage Area.
Prohibition on the Acquisition of Real Property
The management entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.
Cost-sharing requirement
The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent.
Management plan
In general
Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
Requirements
The management plan shall—
incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area;
take into consideration State and local plans;
include—
an inventory of—
the resources located in the core area described in subsection (b)(2); and
any other property in the core area that—
is related to the themes of the Heritage Area; and
should be preserved, restored, managed, or maintained because of the significance of the property;
comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area;
a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area;
a program of implementation for the management plan by the management entity that includes a description of—
actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and
specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation;
the identification of sources of funding for carrying out the management plan;
analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this section; and
an interpretive plan for the Heritage Area; and
recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area.
Deadline
If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan.
Approval or disapproval of management plan
In general
Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
Criteria for approval
In determining whether to approve the management plan, the Secretary shall consider whether—
the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;
the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area.
Action following disapproval
If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall—
advise the management entity in writing of the reasons for the disapproval;
make recommendations for revisions to the management plan; and
not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.
Amendments
In general
The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.
Use of funds
The management entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.
Relationship to other Federal agencies
In General
Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
Consultation and Coordination
The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.
Other Federal Agencies
Nothing in this section—
modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
Private property and regulatory protections
Nothing in this section—
abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity;
authorizes or implies the reservation or appropriation of water or water rights;
diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
conduct an evaluation of the accomplishments of the Heritage Area; and
prepare a report in accordance with paragraph (3).
Evaluation
An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the management entity with respect to—
accomplishing the purposes of this section for the Heritage Area; and
achieving the goals and objectives of the approved management plan for the Heritage Area;
analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
Report
In general
Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
Required analysis
If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress
On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
Termination of authority
The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
South Park National Heritage Area
Definitions
In this section:
Board
The term Board means the Board of Directors of the South Park National Heritage Area, comprised initially of the individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.
Heritage area
The term Heritage Area means the South Park National Heritage Area established by subsection (b)(1).
Management entity
The term management entity means the management entity for the Heritage Area designated by subsection (b)(4)(A).
Management plan
The term management plan means the management plan for the Heritage Area required by subsection (d).
Map
The
term map means the map entitled South Park National
Heritage Area Map (Proposed)
, dated January 30, 2006.
Partner
The term partner means a Federal, State, or local governmental entity, organization, private industry, educational institution, or individual involved in the conservation, preservation, interpretation, development or promotion of heritage sites or resources of the Heritage Area.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Colorado.
Technical assistance
The term technical assistance means any guidance, advice, help, or aid, other than financial assistance, provided by the Secretary.
South Park National Heritage Area
Establishment
There is established in the State the South Park National Heritage Area.
Boundaries
The Heritage Area shall consist of the areas included in the map.
Map
A map of the Heritage Area shall be—
included in the management plan; and
on file and available for public inspection in the appropriate offices of the National Park Service.
Management entity
In general
The management entity for the Heritage Area shall be the Park County Tourism & Community Development Office, in conjunction with the South Park National Heritage Area Board of Directors.
Membership requirements
Members of the Board shall include representatives from a broad cross-section of individuals, agencies, organizations, and governments that were involved in the planning and development of the Heritage Area before the date of enactment of this Act.
Administration
Prohibition on the acquisition of real property
The management entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.
Authorities
For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this section to—
make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons;
enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties;
hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, fundraising, heritage facility planning and development, and heritage tourism programming;
obtain funds or services from any source, including funds or services that are provided under any other Federal law or program;
enter into contracts for goods or services; and
facilitate the conduct of other projects and activities that further the Heritage Area and are consistent with the approved management plan.
Duties
The management entity shall—
in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary;
assist units of local government, local property owners and businesses, and nonprofit organizations in carrying out the approved management plan by—
carrying out programs and projects that recognize, protect, enhance, and promote important resource values in the Heritage Area;
establishing and maintaining interpretive exhibits and programs in the Heritage Area;
developing economic, recreational and educational opportunities in the Heritage Area;
increasing public awareness of, and appreciation for, historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;
protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes;
ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area;
promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; and
planning and developing new heritage attractions, products and services;
consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan;
conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
for any year for which Federal funds have been received under this section—
submit to the Secretary an annual report that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made);
make available to the Secretary for audit all records relating to the expenditure of the Federal funds and any matching funds; and
require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
encourage by appropriate means economic viability that is consistent with the Heritage Area.
Cost-sharing requirement
The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent.
Management plan
In general
Not later than 3 years after the date of enactment of this Act, the management entity, with public participation, shall submit to the Secretary for approval a proposed management plan for the Heritage Area.
Requirements
The management plan shall—
incorporate an integrated and cooperative approach for the protection, enhancement, interpretation, development, and promotion of the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;
take into consideration State and local plans;
include—
an inventory of—
the resources located within the areas included in the map; and
any other eligible and participating property within the areas included in the map that—
is related to the themes of the Heritage Area; and
should be preserved, restored, managed, maintained, developed, or promoted because of the significance of the property;
comprehensive policies, strategies, and recommendations for conservation, funding, management, development, and promotion of the Heritage Area;
a description of actions that governments, private organizations, and individuals have agreed to take to manage protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area;
a program of implementation for the management plan by the management entity that includes a description of—
actions to facilitate ongoing and effective collaboration among partners to promote plans for resource protection, enhancement, interpretation, restoration, and construction; and
specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation;
the identification of sources of funding for carrying out the management plan;
an analysis of and recommendations for means by which Federal, State, and local programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this section; and
an interpretive plan for the Heritage Area; and
recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the historical, cultural, scenic, recreational, agricultural, and natural resources of the Heritage Area.
Deadline
If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date on which the Secretary receives and approves the management plan.
Approval or disapproval of management plan
In general
Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan.
Criteria for approval
In determining whether to approve the management plan, the Secretary shall consider whether—
the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historical resource protection organizations, educational institutions, local businesses and industries, community organizations, recreational organizations, and tourism organizations;
the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
strategies contained in the management plan, if implemented, would adequately balance the voluntary protection, development, and interpretation of the natural, historical, cultural, scenic, recreational, and agricultural resources of the Heritage Area.
Action following disapproval
If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall—
advise the management entity in writing of the reasons for the disapproval;
make recommendations for revisions to the management plan; and
not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.
Amendments
In general
The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines makes a substantial change to the management plan.
Use of funds
The management entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments.
Relationship to other Federal agencies
In General
Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
Consultation and Coordination
The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.
Other Federal Agencies
Nothing in this section—
modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
Private property and regulatory protections
Nothing in this section—
abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity;
authorizes or implies the reservation or appropriation of water or water rights;
diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
conduct an evaluation of the accomplishments of the Heritage Area; and
prepare a report in accordance with paragraph (3).
Evaluation
An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the management entity with respect to—
accomplishing the purposes of this section for the Heritage Area; and
achieving the goals and objectives of the approved management plan for the Heritage Area;
analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
Report
In general
Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
Required analysis
If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress
On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year.
Termination of authority
The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
Niagara Falls National Heritage Area
Definitions
In this section:
Commission
The term Commission means the Niagara Falls National Heritage Area Commission established by subsection (c)(1).
Governor
The term Governor means the Governor of the State.
Heritage area
The term Heritage Area means the Niagara Falls National Heritage Area established by subsection (b)(1).
Local coordinating entity
The term local coordinating entity means the local coordinating entity for the Heritage Area designated by subsection (b)(4)(A).
Management plan
The term management plan means the management plan for the Heritage Area developed under subsection (d).
Map
The
term map means the map entitled Niagara Falls National
Heritage Area
, numbered P76/80,000, and dated July 2006.
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of New York.
Niagara falls national heritage area
Establishment
There is established in the State the Niagara Falls National Heritage Area.
Boundaries
The National Heritage Area shall consist of—
the area from the western boundary of the town of Wheatfield, New York, extending to the mouth of the Niagara River on Lake Ontario, as depicted on the map, including—
the city of Niagara Falls, New York;
the villages of Youngstown and Lewiston, New York; and
land and water within the boundaries of the Heritage Area in Niagara County, New York; and
any additional thematically related sites within Erie and Niagara Counties, New York, that are identified in the management plan under subsection (d)(2)(F).
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Local coordinating entity
Designation
The local coordinating entity for the Heritage Area shall be—
for the 5–year period beginning on the date of enactment of this Act, the Commission; and
on expiration of the 5–year period described in clause (i), a private nonprofit or governmental organization designated by the Commission.
Authorities
For purposes of implementing the management plan, the local coordinating entity designated under subparagraph (A)(ii) may use funds made available under this section to—
make grants to, and enter into cooperative agreements with, the State (including a political subdivision of the State), nonprofit organizations, or any person;
hire and compensate staff; and
enter into contracts for goods and services.
Duties
Beginning on the date described in subparagraph (A)(ii), the local coordinating entity designated by the Commission under subparagraph (A)(ii) shall assume the duties of the Commission described in subsection (c)(8), other than the duties described in subparagraphs (A) and (H) of subsection (c)(8).
Niagara falls national heritage area commission
Establishment
There is established within the Department of the Interior the Niagara Falls National Heritage Area Commission.
Membership
The Commission shall be composed of 17 members, of whom—
1 member shall be the Director of the National Park Service (or a designee);
5 members shall be appointed by the Secretary, after considering the recommendation of the Governor, from among individuals with knowledge and experience of—
the New York State Office of Parks, Recreation and Historic Preservation, the Niagara River Greenway Commission, the New York Power Authority, the USA Niagara Development Corporation, and the Niagara Tourism and Convention Corporation; or
any successors of the agencies described in clause (i);
1 member shall be appointed by the Secretary, after considering the recommendation of the mayor of Niagara Falls, New York;
1 member shall be appointed by the Secretary, after considering the recommendation of the mayor of the village of Youngstown, New York;
1 member shall be appointed by the Secretary, after considering the recommendation of the mayor of the village of Lewiston, New York;
1 member shall be appointed by the Secretary, after considering the recommendation of the Tuscarora Nation;
1 member shall be appointed by the Secretary, after considering the recommendation of the Seneca Nation of Indians; and
6 members shall be individuals that have an interest in, support for, and expertise appropriate to tourism, regional planning, history and historic preservation, cultural or natural resource management, conservation, recreation, and education, or museum services, of whom—
4 members shall be appointed by the Secretary, after considering the recommendation of the 2 members of the Senate from the State; and
2 members shall be appointed by the Secretary, after considering the recommendation of the member of the House of Representatives whose district encompasses the Heritage Area.
Terms; vacancies
Term
A member of the Commission shall be appointed for a term not to exceed 5 years.
Vacancies
Partial term
A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.
In general
A vacancy on the Commission shall be filled in the same manner as the original appointment was made.
Chairperson and Vice Chairperson
Selection
The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.
Vice chairperson
The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.
Quorum
In general
A majority of the members of the Commission shall constitute a quorum.
Transaction
For the transaction of any business or the exercise of any power of the Commission, the Commission shall have the power to act by a majority vote of the members present at any meeting at which a quorum is in attendance.
Meetings
In general
The Commission shall meet at least quarterly at the call of—
the Chairperson; or
a majority of the members of the Commission.
Notice
Notice of Commission meetings and agendas for the meetings shall be published in local newspapers that are distributed throughout the Heritage Area.
Applicable law
Meetings of the Commission shall be subject to section 552b of title 5, United States Code.
Powers of the commission
To the extent that Federal funds are appropriated, the Commission may—
enter into contracts and execute any instruments necessary or appropriate to carry out the purposes for which the Commission is established, including the authority to procure temporary and intermittent services and administrative facilities at rates determined to be reasonable by the Commission to carry out the duties of the Commission;
appoint and fix the compensation of any staff that may be necessary to carry out the duties of the Commission;
request and accept from the head of any Federal agency, on a reimbursable or nonreimbursable basis, any personnel of the Federal agency to the Commission to assist in carrying out the duties of the Commission;
request and accept from the head of any State agency or any agency of a political subdivision of the State, on a reimbursable or nonreimbursable basis, any personnel of the agency to the Commission to assist in carrying out the duties of the Commission;
make grants to assist in the development and implementation of the management plan;
negotiate and enter into any cooperative agreement, lease, contract, or other arrangement with any person, firm, association, organization, corporation, or governmental entity, including Federal, State, tribal, and local government entities, that is necessary to carry out the activities of the Commission;
seek, accept, and dispose of gifts, bequests, grants, or donations of money, personal property, or services;
assist in—
developing educational, informational, and interpretive programs and facilities; and
any other activities that may promote the implementation of the management plan;
use the United States mails in the same manner as other agencies of the Federal Government;
establish any advisory groups that the Commission determines to be necessary; and
adopt, amend, and enforce bylaws and rules governing the manner in which—
the business of the Commission may be conducted; and
the powers vested in the Commission may be exercised.
Duties of the commission
To further the purposes of the Heritage Area, the Commission shall—
in accordance with subsection (d), develop and submit to the Secretary for approval a management plan;
assist units of local government, regional planning organizations, and nonprofit organizations in implementing the management plan by—
carrying out programs and projects that recognize, protect, and enhance important resource values within the Heritage Area;
establishing and maintaining interpretive exhibits and programs within the Heritage Area;
developing recreational and educational opportunities in the Heritage Area;
increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Heritage Area;
protecting and restoring historic sites and buildings in the Heritage Area that are consistent with the themes of the Heritage Area;
ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and
promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the Heritage Area;
consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the development and implementation of the management plan;
conduct meetings open to the public regarding the development and implementation of the management plan;
coordinate projects, activities, and programs with the Erie Canalway National Heritage Corridor;
for any fiscal year for which Federal funds have been received by the Commission under this section—
submit an annual report to the Secretary that describes—
the specific performance goals and accomplishments of the local coordinating entity;
the expenses and income of the local coordinating entity;
the amounts and sources of matching funds;
the amounts leveraged with Federal funds and the sources of the leveraging; and
any grants made to any other entities during the fiscal year;
make available to the Secretary for audit any records containing information relating to the expenditure of Federal funds and any matching funds; and
require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the organization receiving the funds make available to the Secretary for audit all records and other information concerning the expenditure of the funds;
encourage, by appropriate means and consistent with the purposes of the Heritage Area, the economic viability of the Heritage Area; and
assist in the transition of the management of the Heritage Area from the Commission to the local coordinating entity designated under subsection (b)(4)(A)(ii).
Compensation of members
In general
A member of the Commission shall serve without compensation.
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.
Gifts
For purposes of section 170(c) of the Internal Revenue Code of 1986, any gift or charitable contribution to the Commission shall be considered to be a charitable contribution or gift to the United States.
Use of federal funds
Except as provided for the leasing of administrative facilities under paragraph (7)(A), the Commission may not use Federal funds made available to the Commission under this section to acquire any real property or interest in real property.
Management plan
In general
Not later than 3 years after the date on which funds are first made available to carry out this section, the Commission shall submit to the Secretary for approval a management plan for the Heritage Area.
Requirements
The management plan shall—
include comprehensive policies, strategies, and recommendations for conserving, funding, managing, and developing the Heritage Area;
take into consideration existing State, county, and local plans;
include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historic, and cultural resources of the Heritage Area;
identify any existing and potential sources of funding or economic development strategies to protect, manage, and develop the Heritage Area;
include an inventory of the natural, historic, scenic, cultural, educational, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained;
establish criteria and identify thematically related sites in Niagara and Erie Counties, New York, that—
may participate in the Heritage Area; and
shall be included in the boundary of the Heritage Area;
include recommended policies and strategies for resource management that consider the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historic, scenic, cultural, educational, and recreational resources of the Heritage Area;
describe a program of implementation for the management plan, including a description of—
performance goals;
plans for resource protection, restoration, interpretation, enhancement, management, and development; and
any specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual;
include an analysis of, and recommendations for ways in which, Federal, State, tribal, and local programs would best be coordinated to further the purposes of this section, including an analysis of the role of the National Park Service in the Heritage Area;
include an interpretive plan for the Heritage Area;
include a business plan that—
describes the role, operation, financing, and functions of—
the local coordinating entity; and
each of the major activities addressed in the management plan; and
provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan; and
includes provisions for—
the designation under subsection (b)(4)(A)(ii) of a nonprofit or governmental organization as the local coordinating entity to administer the Heritage Area consistent with the management plan; and
the transition of the management of the Heritage Area from the Commission to the organization designated as the local coordinating entity at the end of the 5-year period specified in subsection (b)(4)(A)(i).
Termination of funding
If the Commission does not submit the management plan to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this section, the local coordinating entity shall be ineligible to receive additional funding under this section until the date on which the management plan is submitted to and approved by the Secretary.
Approval and disapproval of management plan
In general
Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary shall approve or disapprove the management plan.
Considerations
In determining whether to approve or disapprove the management plan under subparagraph (A), the Secretary shall consider whether—
the organization proposed to succeed the Commission as the local coordinating entity would be representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;
the local coordinating entity has afforded adequate opportunity for public and governmental involvement, including public meetings, in the preparation of the management plan;
the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area;
the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; and
the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan.
Action following disapproval
If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall—
advise the local coordinating entity in writing of the reasons for the disapproval;
make recommendations for revisions to the management plan; and
not later than 180 days after the receipt of any proposed revision of the management plan, approve or disapprove the proposed revision.
Amendments
In general
The Secretary shall review and approve any substantial amendments to the management plan in accordance with paragraph (4).
Use of funds
Funds made available under this section shall not be expended by the local coordinating entity to implement any changes made by an amendment described in subparagraph (A) until the Secretary approves the amendment.
Duties and authorities of the secretary
Technical and financial assistance
In general
On request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, to the Heritage Area for the development and implementation of the management plan.
Cooperative agreements
The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private entities to provide assistance under subparagraph (A).
Priority for assistance
In providing assistance under subparagraph (A), the Secretary shall give priority to actions that assist in—
conserving the significant natural, historic, scenic, and cultural resources of the Heritage Area; and
providing educational, interpretive, and recreational opportunities, consistent with the purposes of the Heritage Area.
Detail of department of the interior employees
In general
On request of the Commission, the Secretary may detail to the Commission for each fiscal year in which the Commission is in existence, on a nonreimbursable basis, 2 employees of the Department of the Interior to enable the Commission to carry out the duties of the Commission.
Civil service status
The detail of an employee under subparagraph (A) shall be without interruption or loss of civil service status or privilege.
Relationship to other Federal agencies
In General
Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
Consultation and Coordination
The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.
Other Federal Agencies
Nothing in this section—
modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
Private property and regulatory protections
Nothing in this section—
abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity;
authorizes or implies the reservation or appropriation of water or water rights;
diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
conduct an evaluation of the accomplishments of the Heritage Area; and
prepare a report in accordance with paragraph (3).
Evaluation
An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the local coordinating entity with respect to—
accomplishing the purposes of this section for the Heritage Area; and
achieving the goals and objectives of the approved management plan for the Heritage Area;
analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
Report
In general
Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
Required analysis
If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress
On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be appropriated for any fiscal year.
Cost-sharing requirement
The Federal share of the cost of any activity carried out using any assistance made available under this section shall be not more than 50 percent.
Termination of authority
The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
Abraham Lincoln National Heritage Area
Definitions
In this section:
Heritage area
The term Heritage Area means the Abraham Lincoln National Heritage Area established by subsection (b)(1).
Management entity
The term management entity means the management entity for the Heritage Area designated by subsection (c)(1).
Management plan
The term management plan means the plan developed by the management entity under subsection (d)(1).
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Illinois.
Establishment of Abraham Lincoln National Heritage Area
In general
There is established in the State the Abraham Lincoln National Heritage Area.
Boundaries
The Heritage Area shall include—
a core area located in central Illinois, consisting of Adams, Brown, Calhoun, Cass, Champaign, Christian, Clark, Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Hancock, Henderson, Jersey, Knox, LaSalle, Logan, Macon, Macoupin, Madison, Mason, McDonough, McLean, Menard, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, Tazwell, Vermillion, Warren, and Woodford counties;
any sites, buildings, and districts within the core area that are recommended in the management plan; and
each of the following sites:
Lincoln Home National Historic Site.
Lincoln Tomb State Historic Site.
Lincoln’s New Salem State Historic Site.
Abraham Lincoln Presidential Library & Museum.
Thomas and Sara Bush Lincoln Log Cabin and Living History Farm State Historic Site.
Mt. Pulaski, Postville State Historic Sites and Metamora Courthouse.
Lincoln-Herndon Law Offices State Historic Site.
David Davis Mansion State Historic Site.
Vandalia Statehouse State Historic Site.
Lincoln Douglas Debate Museum.
Macon County Log Court House.
Richard J. Oglesby Mansion.
Lincoln Trail Homestead State Memorial.
Governor John Wood Mansion.
Beardstown Courthouse.
Old Main at Knox College.
Carl Sandburg Home State Historic Site.
Bryant Cottage State Historic Site.
Dr. William Fithian Home.
Vermillion County Museum.
Map
A map of the Heritage Area shall be—
included in the management plan; and
on file in the appropriate offices of the National Park Service.
Designation of coalition as management entity
Management entity
The Looking for Lincoln Heritage Coalition shall be the management entity for the Heritage Area.
Authorities of management entity
The management entity may, for purposes of preparing and implementing the management plan, use Federal funds made available under this section—
to prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area;
to pay for operational expenses of the management entity;
to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
to enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations;
to hire and compensate staff;
to obtain funds or services from any source, including funds and services provided under any other Federal program or law; and
to contract for goods and services.
Duties of management entity
To further the purposes of the Heritage Area, the management entity shall—
prepare a management plan for the Heritage Area in accordance with subsection (d);
give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in—
carrying out programs and projects that recognize and protect important resource values in the Heritage Area;
encouraging economic viability in the Heritage Area in accordance with the goals of the management plan;
establishing and maintaining interpretive exhibits in the Heritage Area;
developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area;
increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area;
restoring historic buildings that are—
located in the Heritage Area; and
related to the themes of the Heritage Area; and
installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest;
consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan;
conduct public meetings at least semiannually regarding the development and implementation of the management plan; and
for any fiscal year for which Federal funds are received under this section—
submit to the Secretary an annual report that describes—
the accomplishments of the management entity;
the expenses and income of the management entity; and
the entities to which the management entity made any grants;
make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and
require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds.
Prohibition on acquisition of real property
In general
The management entity shall not use Federal funds received under this section to acquire real property or any interest in real property.
Other sources
Nothing in this section precludes the management entity from using Federal funds from other sources for authorized purposes, including the acquisition of real property or any interest in real property.
Management plan
In general
Not later than 3 years after the date on which funds are first made available to carry out this section, the management entity shall prepare and submit for review to the Secretary a management plan for the Heritage Area.
Contents
The management plan for the Heritage Area shall—
include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area;
take into consideration existing State, county, and local plans;
specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area during the first 5 years of implementation of the management plan;
include—
a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historic, and cultural resources of the Heritage Area;
an inventory of the natural, historic, cultural, education, scenic, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed or maintained; and
an interpretive plan for the Heritage Area; and
describe a program of implementation for the management plan, including—
plans for resource protection, restoration, and construction; and
specific commitments for implementation during the first 5 years of implementation.
Disqualification from funding
If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this section, the management entity may not receive additional funding under this section until the date on which the Secretary receives and approves the proposed management plan.
Approval and disapproval of management plan
In general
Not later than 180 days after the date on which the management entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan.
Considerations
In determining whether to approve or disapprove the management plan, the Secretary shall consider whether—
the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;
the management entity has provided adequate opportunities (including public hearings) for public and governmental involvement in the preparation of the management plan;
the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and
the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan.
Disapproval and revisions
In general
If the Secretary disapproves a proposed management plan, the Secretary shall—
advise the management entity, in writing, of the reasons for the disapproval; and
make recommendations for revision of the proposed management plan.
Approval or disapproval
The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted.
Approval of amendments
In general
The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with paragraph (4).
Funding
Funds appropriated under this section may not be expended to implement any changes made by an amendment to the management plan until the Secretary approves the amendment.
Relationship to other Federal agencies
In General
Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
Consultation and Coordination
The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.
Other Federal Agencies
Nothing in this section—
modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or
modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
Private property and regulatory protections
Nothing in this section—
abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;
requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the management entity;
authorizes or implies the reservation or appropriation of water or water rights;
diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or
creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall—
conduct an evaluation of the accomplishments of the Heritage Area; and
prepare a report in accordance with paragraph (3).
Evaluation
An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the management entity with respect to—
accomplishing the purposes of this section for the Heritage Area; and
achieving the goals and objectives of the approved management plan for the Heritage Area;
analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and
review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area.
Report
In general
Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
Required analysis
If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—
ways in which Federal funding for the Heritage Area may be reduced or eliminated; and
the appropriate time period necessary to achieve the recommended reduction or elimination.
Submission to congress
On completion of the report, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Authorization of appropriations
In general
There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year.
Cost-Sharing requirement
The Federal share of the cost of any activity carried out using funds made available under this section shall be not more than 50 percent.
Termination of authority
The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
Chattahoochee Trace National Heritage Corridor
Definitions
In this section:
Corridor
The term Corridor means the Chattahoochee Trace National Heritage Corridor.
Secretary
The term Secretary means the Secretary of the Interior.
Study area
The term study area means the study area described in subsection (b)(2).
Study
In general
The Secretary, in consultation with State historic preservation officers, State historical societies, State tourism offices, and other appropriate organizations or agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as the Chattahoochee Trace National Heritage Corridor.
Study area
The study area includes—
the portion of
the Apalachicola-Chattahoochee-Flint River Basin and surrounding areas, as
generally depicted on the map entitled Chattahoochee Trace National
Heritage Corridor, Alabama/Georgia
, numbered T05/80000, and dated July
2007; and
any other areas in the State of Alabama or Georgia that—
have heritage aspects that are similar to the areas depicted on the map described in subparagraph (A); and
are adjacent to, or in the vicinity of, those areas.
Requirements
The study shall include analysis, documentation, and determinations on whether the study area—
has an assemblage of natural, historic, and cultural resources that—
represent distinctive aspects of the heritage of the United States;
are worthy of recognition, conservation, interpretation, and continuing use; and
would be best managed—
through partnerships among public and private entities; and
by linking diverse and sometimes noncontiguous resources and active communities;
reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States;
provides—
outstanding opportunities to conserve natural, historic, cultural, or scenic features; and
outstanding recreational and educational opportunities;
contains resources that—
are important to any identified themes of the study area; and
retain a degree of integrity capable of supporting interpretation;
includes residents, business interests, nonprofit organizations, and State and local governments that—
are involved in the planning of the Corridor;
have developed a conceptual financial plan that outlines the roles of all participants in the Corridor, including the Federal Government; and
have demonstrated support for the designation of the Corridor;
has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Corridor while encouraging State and local economic activity; and
has a conceptual boundary map that is supported by the public.
Report
Not later than the 3rd fiscal year after the date on which funds are first made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
the findings of the study; and
any conclusions and recommendations of the Secretary.
Study of sites relating to Abraham Lincoln in Kentucky
Definitions
In this section:
Heritage Area
The term Heritage Area means a National Heritage Area in the State to honor Abraham Lincoln.
State
The term State means the Commonwealth of Kentucky.
Study area
The term study area means the study area described in subsection (b)(2).
Study
In general
The Secretary, in consultation with the Kentucky Historical Society, other State historical societies, the State Historic Preservation Officer, State tourism offices, and other appropriate organizations and agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as a National Heritage Area in the State to honor Abraham Lincoln.
Description of study area
The study area shall include—
Boyle, Breckinridge, Fayette, Franklin, Hardin, Jefferson, Jessamine, Larue, Madison, Mercer, and Washington Counties in the State; and
the following sites in the State:
The Abraham Lincoln Birthplace National Historic Site.
The Abraham Lincoln Boyhood Home Unit.
Downtown Hodgenville, Kentucky, including the Lincoln Museum and Adolph A. Weinman statue.
Lincoln Homestead State Park and Mordecai Lincoln House.
Camp Nelson Heritage Park.
Farmington Historic Home.
The Mary Todd Lincoln House.
Ashland, which is the Henry Clay Estate.
The Old State Capitol.
The Kentucky Military History Museum.
The Thomas D. Clark Center for Kentucky History.
The New State Capitol.
Whitehall.
Perryville Battlefield State Historic Site.
The Joseph Holt House.
Elizabethtown, Kentucky, including the Lincoln Heritage House.
Lincoln Marriage Temple at Fort Harrod.
Requirements
The study shall include analysis, documentation, and determinations on whether the study area—
has an assemblage of natural, historic, and cultural resources that—
interpret—
the life of Abraham Lincoln; and
the contributions of Abraham Lincoln to the United States;
represent distinctive aspects of the heritage of the United States;
are worthy of recognition, conservation, interpretation, and continuing use; and
would be best managed—
through partnerships among public and private entities; and
by linking diverse and sometimes noncontiguous resources and active communities;
reflects traditions, customs, beliefs, and historical events that are a valuable part of the story of the United State;
provides—
outstanding opportunities to conserve natural, historic, cultural, or scenic features; and
outstanding educational opportunities;
contains resources that—
are important to any identified themes of the study area; and
retain a degree of integrity capable of supporting interpretation;
includes residents, business interests, nonprofit organizations, and State and local governments that—
are involved in the planning of the Heritage Area;
have developed a conceptual financial plan that outlines the roles of all participants in the Heritage Area, including the Federal Government; and
have demonstrated support for designation of the Heritage Area;
has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Heritage Area while encouraging State and local economic activity; and
has a conceptual boundary map that is supported by the public.
Report
Not later than the third fiscal year after the date on which funds are first made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
the findings of the study; and
any conclusions and recommendations of the Secretary.
Bureau of Reclamation and United States Geological Survey authorizations
Extension of participation of Bureau of Reclamation in Deschutes River Conservancy
Section 301 of the Oregon Resource Conservation Act of 1996 (division B of Public Law 104–208; 110 Stat. 3009–534) is amended—
in subsection (a)—
in paragraph (1),
by striking Deschutes River Basin Working Group
and inserting
Deschutes River Conservancy Working Group
; and
by striking paragraph (5) and inserting the following:
Quorum
The term quorum means 8 of those qualified Working Group members appointed and eligible to serve.
;
in subsection
(b)(3), by inserting before the period at the end the following: , and
up to a total amount of $2,000,000 during each of fiscal years 2007 through
2016
; and
in subsection
(h), by inserting before the period at the end the following: , and
$2,000,000 for each of fiscal years 2007 through 2016
.
Wallowa Lake Dam Rehabilitation Program
Definitions
In this section:
Associated ditch companies, incorporated
The term Associated Ditch Companies, Incorporated means the nonprofit corporation established under the laws of the State of Oregon that operates Wallowa Lake Dam.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.
Wallowa lake dam rehabilitation program
The term Wallowa Lake Dam
Rehabilitation Program means the program for the rehabilitation of the
Wallowa Lake Dam in Oregon, as contained in the engineering document entitled,
Phase I Dam Assessment and Preliminary Engineering Design
, dated
December 2002, and on file with the Bureau of Reclamation.
Authorization To participate in program
Grants and cooperative agreements
The Secretary may provide grants to, or enter into cooperative or other agreements with, tribal, State, and local governmental entities and the Associated Ditch Companies, Incorporated, to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program.
Conditions
As a condition of providing funds under paragraph (1), the Secretary shall ensure that—
the Wallowa Lake Dam Rehabilitation Program and any activities under this section meet the standards of the dam safety program of the State of Oregon;
the Associated Ditch Companies, Incorporated, agrees to assume liability for any work performed, or supervised, with Federal funds provided to Associated Ditch Companies, Incorporated, under this section; and
the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to a facility rehabilitated or constructed with Federal funds provided under this section, regardless of whether the damages arose during or after the rehabilitation or construction.
Cost sharing
In general
The Federal share of the costs of activities authorized under this section shall not exceed 50 percent.
Exclusions from Federal share
There shall not be credited against the Federal share of the costs of activities authorized under this section—
any expenditure by the Bonneville Power Administration in the Wallowa River watershed; and
expenditures made by individual agricultural producers in any Federal commodity or conservation program.
Compliance with State law
In carrying out this section, the Secretary shall comply with applicable Oregon State water law.
Prohibition on holding title
The Federal Government shall not hold title to any facility rehabilitated or constructed under this section.
Prohibition on operation and maintenance
The Federal Government shall not be responsible for the operation and maintenance of any facility constructed or rehabilitated under this section.
Relationship to other law
Activities funded under this section shall not be considered a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)).
Authorization of appropriations
There is authorized to be appropriated to the Secretary to pay the Federal share of the costs of activities authorized under this section $6,000,000.
Termination 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.
Little Butte/Bear Creek Subbasins, Oregon, Water resource study
Authorization
The
Secretary of the Interior, acting through the Bureau of Reclamation, may
participate in the Water for Irrigation, Streams and the Economy Project water
management feasibility study and environmental impact statement in accordance
with the Memorandum of Agreement Between City of Medford and Bureau of
Reclamation for the Water for Irrigation, Streams, and the Economy
Project
, dated July 2, 2004.
Authorization of Appropriations
In general
There is authorized to be appropriated to the Bureau of Reclamation $500,000 to carry out activities under this section.
Non-federal share
In general
The non-Federal share shall be 50 percent of the total costs of the Bureau of Reclamation in carrying out subsection (a).
Form
The non-Federal share required under subparagraph (A) may be in the form of any in-kind services that the Secretary of the Interior determines would contribute substantially toward the conduct and completion of the study and environmental impact statement required under subsection (a).
North Unit Irrigation District
The Act of August 10, 1954 (68 Stat. 679, chapter 663), is amended—
in the first section—
by inserting (referred to in this
Act as the
after District
)irrigation
district
; and
by inserting (referred to in this
Act as the
after Contract
)1953
;
and
by adding at the end the following:
Additional terms
On approval of the District directors and notwithstanding project authorizing legislation to the contrary, the Contract is modified, without further action by the Secretary of the Interior, to include the following modifications:
In Article 8(a) of the Contract, by
deleting a maximum of 50,000
and inserting approximately
59,000
after irrigation service to
.
In Article 11(a) of the Contract, by
deleting The classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in Class A and
14,044.40 in Class B. These lands and the standards upon which the
classification was made are described in the document entitled
and inserting Land
Classification, North Unit, Deschutes Project, 1953
which is on file in
the office of the Regional Director, Bureau of Reclamation, Boise, Idaho, and
in the office of the DistrictThe classified
irrigable land within the project comprises 58,902.8 irrigable acres, all of
which are authorized to receive irrigation water pursuant to water rights
issued by the State of Oregon and have in the past received water pursuant to
such State water rights.
.
In Article 11(c) of the Contract, by
deleting , with the approval of the Secretary,
after
District may
, by deleting the 49,817.75 acre maximum
limit on the irrigable area is not exceeded
and inserting
irrigation service is provided to no more than approximately 59,000
acres and no amendment to the District boundary is required
after
time so long as
.
In Article 11(d) of the Contract, by
inserting , and may further be used for instream purposes, including
fish or wildlife purposes, to the extent that such use is required by Oregon
State law in order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law
after
herein provided
.
By adding at the end of Article 12(d) the
following: (e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season immediately following
the date of enactment of the Federal Land and Reclamation Resources Act of
2007, the annual installment for each year, for the District, under the
Contract, on account of the District’s construction charge obligation, shall be
a fixed and equal annual amount payable on June 30 the year following the year
for which it is applicable, such that the District’s total construction charge
obligation shall be completely paid by June 30, 2044.
.
In Article 14(a) of the Contract, by
inserting and for instream purposes, including fish or wildlife
purposes, to the extent that such use is required by Oregon State law in order
for the District to engage in, or take advantage of, conserved water projects
as authorized by Oregon State law,
after and incidental stock
and domestic uses
, by inserting and for instream purposes as
described above,
after irrigation, stock and domestic
uses
, and by inserting , including natural flow rights out of
the Crooked River held by the District
after irrigation
system
.
In Article 29(a) of the Contract, by
inserting and for instream purposes, including fish or wildlife
purposes, to the extent that such use is required by Oregon State law in order
for the District to engage in, or take advantage of, conserved water projects
as authorized by Oregon State law
after provided in article
11
.
In Article 34 of the Contract, by deleting
The District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper State court
approving and confirming this contract and decreeing and adjudging it to be a
lawful, valid, and binding general obligation of the District. The District
shall furnish to the United States certified copies of such decrees and of all
pertinent supporting records.
after for that
purpose.
.
Future authority to renegotiate
The Secretary of the Interior (acting through the Commissioner of Reclamation) may in the future renegotiate with the District such terms of the Contract as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner of Reclamation.
.
Central Oklahoma Master Conservancy District feasibility study
Study
In general
Not later than 3 years after the date of enactment of
this Act, the Secretary of the Interior, acting through the Commissioner of
Reclamation (referred to in this section as the Secretary
),
shall conduct a feasibility study of alternatives to augment the water supplies
of—
the Central
Oklahoma Master Conservatory District (referred to in this section as the
District)
; and
cities served by the District.
Inclusions
The study under paragraph (1) shall include recommendations of the Secretary, if any, relating to the alternatives studied.
Cost-sharing requirement
In general
The Federal share of the total costs of the study under subsection (a) shall not exceed 50 percent.
Form of non-Federal share
The non-Federal share required under paragraph (1) may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the conduct and completion of the study.
Authorization of appropriations
There is authorized to be appropriated to the Secretary to conduct the study under subsection (a) $900,000.
Authority to conduct feasibility studies within the Snake, Boise, and Payette River systems in the State of Idaho
In general
The Secretary of the Interior, acting through the Bureau of Reclamation, may conduct feasibility studies on projects that address water shortages within the Snake, Boise, and Payette River systems in the State of Idaho, and are considered appropriate for further study by the Bureau of Reclamation Boise Payette water storage assessment report issued during 2006.
Bureau of Reclamation
A study conducted under this section shall comply with Bureau of Reclamation policy standards and guidelines for studies.
Authorization of appropriations
There is authorized to be appropriated to the Secretary of the Interior to carry out this section $3,000,000.
Termination of effectiveness
The authority provided by this section terminates on the date that is 10 years after the date of enactment of this Act.
Tumalo Irrigation District Water Conservation Project
Definitions
In this section:
District
The term District means the Tumalo Irrigation District, Oregon.
Project
The term Project means the Tumalo Irrigation District Water Conservation Project authorized under subsection (b)(1).
Secretary
The term Secretary means the Secretary of the Interior.
Authorization To plan, design and construct the Tumalo Irrigation District Water Conservation Project
Authorization
The Secretary, in cooperation with the District—
may participate in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon; and
for purposes of planning and designing the Project, shall take into account any appropriate studies and reports prepared by the District.
Cost-Sharing Requirement
Federal share
The Federal share of the total cost of the Project shall be 25 percent, which shall be nonreimbursable to the United States.
Credit toward non-federal share
The Secretary shall credit toward the non-Federal share of the Project any amounts that the District provides toward the design, planning, and construction before the date of enactment of this Act.
Title
The District shall hold title to any facilities constructed under this section.
Operation and Maintenance Costs
The District shall pay the operation and maintenance costs of the Project.
Effect
Any assistance provided under this section shall not be considered to be a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.).
Authorization of appropriations
There is authorized to be appropriated to the Secretary for the Federal share of the cost of the Project $4,000,000.
Termination of authority
The authority of the Secretary to carry out this section shall expire on the date that is 10 years after the date of enactment of this Act.
New Mexico water resources study
In General
The Secretary of the Interior, acting
through the Director of the United States Geological Survey (referred to in
this section as the Secretary
), in coordination with the State
of New Mexico (referred to in this section as the State
) and any
other entities that the Secretary determines to be appropriate (including other
Federal agencies and institutions of higher education), shall, in accordance
with this section and any other applicable law, conduct a study of water
resources in the State, including—
a survey of groundwater resources, including an analysis of—
aquifers in the State, including the quantity of water in the aquifers;
the availability of groundwater resources for human use;
the salinity of groundwater resources;
the potential of the groundwater resources to recharge;
the interaction between groundwater and surface water;
the susceptibility of the aquifers to contamination; and
any other relevant criteria; and
a characterization of surface and bedrock geology, including the effect of the geology on groundwater yield and quality.
Study areas
The study carried out under subsection (a) shall include the Estancia Basin, Salt Basin, Tularosa Basin, Hueco Basin, and middle Rio Grande Basin in the State.
Report
Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study.
Authorization of Appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Water and energy resources
Findings
Congress finds that—
development of energy resources, including oil, natural gas, coalbed methane, and geothermal resources, frequently results in bringing to the surface water extracted from underground sources;
some of that produced water is used for irrigation or other purposes, but most of the water is returned to the subsurface or otherwise disposed of as waste;
reducing the quantity of produced water returned to the subsurface and increasing the quantity of produced water that is made available for irrigation and other uses—
would augment water supplies;
could reduce the costs to energy developers for disposing of the water; and
in some cases, could increase the efficiency of energy development activities; and
it is in the national interest—
to limit the quantity of produced water disposed of as waste;
to optimize the production of energy resources; and
to remove or reduce obstacles to use of produced water for irrigation or other purposes in ways that will not adversely affect water quality or the environment.
Purposes
The purposes of this section are—
to optimize the production of energy resources—
by minimizing the quantity of produced water; and
by facilitating the use of produced water for irrigation and other purposes without adversely affecting water quality or the environment; and
to demonstrate means of accomplishing those results.
Definitions
In this section:
Lower Basin State
The term Lower Basin State means any of the States of—
Arizona;
California; and
Nevada.
Produced water
The term produced water means water from an underground source that is brought to the surface as part of the process of exploration for, or development of—
oil;
natural gas;
coalbed methane; or
any other substance to be used as an energy source.
Secretary
The term Secretary means the Secretary of the Interior.
Upper Basin State
The term Upper Basin State means any of the States of—
Colorado;
New Mexico;
Utah; and
Wyoming.
Identification of problems and solutions
Study
The Secretary shall conduct a study to identify—
the technical, economic, environmental, and other obstacles to reducing the quantity of produced water;
the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes without adversely affecting water quality, public health, or the environment;
the legislative, administrative, and other actions that could reduce or eliminate the obstacles identified in subparagraphs (A) and (B); and
the costs and benefits associated with reducing or eliminating the obstacles identified in subparagraphs (A) and (B).
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study under paragraph (1).
Implementation
Grants
Subject to the availability of appropriations, the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of—
optimizing energy resource production by reducing the quantity of produced water generated; or
increasing the extent to which produced water may be recovered and made suitable for use for irrigation, municipal, or industrial uses, or other purposes without adversely affecting water quality or the environment.
Limitations
Assistance under this subsection—
shall be provided for—
at least 1 project in each of the Upper Basin States; and
at least 1 project in at least 1 of the Lower Basin States;
shall not exceed $1,000,000 for any project;
shall be used to pay not more than 50 percent of the total cost of a project;
shall not be used for the operation or maintenance of any facility; and
may be in addition to assistance provided by the Federal Government pursuant to other provisions of law.
Consultation, advice, and comments
In carrying out this section, including in preparing the report under subsection (c)(2) and establishing criteria to be used in connection with an award of financial assistance under subsection (d), the Secretary shall—
consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials;
review any relevant information developed in connection with research carried out by others, including research carried out pursuant to subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and
to the extent the Secretary determines to be advisable, include that information in the report under subsection (c)(2);
seek the advice of—
individuals with relevant professional or academic expertise; and
individuals or representatives of entities with industrial experience, particularly experience relating to production of oil, natural gas, coalbed methane, or other energy resources (including geothermal resources); and
solicit comments and suggestions from the public.
Relation to other laws
Nothing in this section supersedes, modifies, abrogates, or limits—
the effect of any State law or any interstate authority or compact relating to—
any use of water; or
the regulation of water quantity or quality; or
the applicability or effect of any Federal law (including regulations).
Authorization of appropriations
There are authorized to be appropriated—
$1,000,000 to carry out subsection (c); and
$7,500,000 to carry out subsection (d).
Reauthorization of the National Geologic Mapping Act of 1992
Findings
Section 2(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended—
by striking paragraph (1) and inserting the following:
although significant progress has been made in the production of geologic maps since the establishment of the national cooperative geologic mapping program in 1992, no modern, digital, geologic map exists for approximately 75 percent of the United States;
; and
in paragraph (2)—
in subparagraph
(C), by inserting homeland and
after planning
for
;
in subparagraph
(E), by striking predicting
and inserting
identifying
;
in subparagraph
(I), by striking and
after the semicolon at the end;
by redesignating subparagraph (J) as subparagraph (K); and
by inserting after subparagraph (I) the following:
recreation and public awareness; and
; and
in paragraph (9),
by striking important
and inserting
available
.
Purpose
Section 2(b) of the National Geologic
Mapping Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting and
management
before the period at the end.
Deadlines for actions by the United States geological survey
Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second sentence—
in subparagraph
(A), by striking not later than
and all that follows through the
semicolon and inserting not later than 1 year after the date of
enactment of the Natural Resource Projects
and Programs Authorization Act of 2007;
;
in subparagraph
(B), by striking not later than
and all that follows through
in accordance
and inserting not later than 1 year after
the date of enactment of the Natural Resource
Projects and Programs Authorization Act of 2007 in
accordance
; and
in the matter
preceding clause (i) of subparagraph (C), by striking not later
than
and all that follows through submit
and inserting
submit biennially
.
Geologic mapping program objectives
Section 4(c)(2) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is amended—
by striking
geophysical-map data base, geochemical-map data base, and a
;
and
by striking
provide
and inserting provides
.
Geologic mapping program components
Section 4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(d)(1)(B)(ii)) is amended—
in subclause (I),
by striking and
after the semicolon at the end;
in subclause
(II), by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
the needs of land management agencies of the Department of the Interior.
.
Geologic mapping advisory committee
Membership
Section 5(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)) is amended—
in paragraph (2)—
by
inserting the Secretary of the Interior or a designee from a land
management agency of the Department of the Interior,
after
Administrator of the Environmental Protection Agency or a
designee,
;
by
inserting and
after Energy or a designee,
;
and
by striking
, and the Assistant to the President for Science and Technology or a
designee
; and
in paragraph (3)—
by
striking Not later than
and all that follows through
consultation
and inserting In
consultation
;
by
striking Chief Geologist, as Chairman
and inserting
Associate Director for Geology, as Chair
; and
by striking
one representative from the private sector
and inserting
2 representatives from the private sector
.
Duties
Section 5(b) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)) is amended—
in paragraph (2),
by striking and
at the end;
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following:
provide a scientific overview of geologic maps (including maps of geologic-based hazards) used or disseminated by Federal agencies for regulation or land-use planning; and
.
Conforming Amendment
Section 5(a)(1) of the National Geologic Mapping Act of
1992 (43 U.S.C. 31d(a)(1)) is amended by striking 10-member
and
inserting 11-member
.
Functions of national geologic-map database
Section 7(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31f(a)) is amended—
in paragraph (1),
by striking geologic map
and inserting
geologic-map
; and
in paragraph (2), by striking subparagraph (A) and inserting the following:
all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the Federal, State, and education components;
.
Biennial report
Section 8 of the
National Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amended by striking
Not later
and all that follows through biennially
and inserting Not later than 3 years after the date of enactment of the
Natural Resource Projects and Programs
Authorization Act of 2007 and biennially
.
Authorization of appropriations; allocation
Section 9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is amended—
by striking subsection (a) and inserting the following:
In General
There is authorized to be appropriated to carry out this Act $64,000,000 for each of fiscal years 2007 through 2016.
; and
in subsection (b)—
in the matter
preceding paragraph (1), by striking 2000
and inserting
2005
;
in paragraph (1),
by striking 48
and inserting 50
; and
in paragraph (2),
by striking 2 and inserting 4
.
Forest service authorizations
Authorizations
Coffman Cove administrative site conveyance
Definitions
In this section:
City
The term City means the city of Coffman Cove, Alaska.
Secretary
The term Secretary means the Secretary of Agriculture.
Conveyance
In General
Subject to valid existing rights, the Secretary shall convey to the City, without consideration and by quitclaim deed all right, title, and interest of the United States, except as provided in paragraphs (3) and (4), in and to the parcel of National Forest System land described in paragraph (2).
Description of Land
In general
The parcel of National Forest System land referred to in
paragraph (1) is the approximately 12 acres of land identified in U.S. Survey
10099, as depicted on the plat entitled Subdivision of U.S. Survey No.
10099
and recorded as Plat 2003–1 on January 21, 2003, Petersburg
Recording District, Alaska.
Excluded land
The parcel of National Forest System land conveyed under paragraph (1) does not include the portion of U.S. Survey 10099 that is north of the right-of-way for Forest Development Road 3030–295 and southeast of Tract CC–8.
Right-of-Way
The United States may reserve a right-of-way to provide access to the National Forest System land excluded from the conveyance to the City under paragraph (2)(B).
Reversion
If any portion of the land conveyed under paragraph (1) (other than a portion of land sold under paragraph (5)) ceases to be used for public purposes, the land shall, at the option of the Secretary, revert to the United States.
Conditions on Subsequent Conveyances
If the City sells any portion of the land conveyed to the City under paragraph (1)—
the amount of consideration for the sale shall reflect fair market value, as determined by an appraisal; and
the City shall pay to the Secretary an amount equal to the gross proceeds of the sale, which shall be available, without further appropriation, for the Tongass National Forest.
Pecos National Historical Park
Definitions
In this section:
Federal land
The term Federal land means the approximately 160 acres of Federal land within the Santa Fe National Forest in the State, as depicted on the map.
Landowner
The term landowner means the 1 or more owners of the non-Federal land.
Map
The
term map means the map entitled Proposed Land Exchange for
Pecos National Historical Park
, numbered 430/80,054, dated November 19,
1999, and revised September 18, 2000.
Non-federal land
The term non-Federal land means the approximately 154 acres of non-Federal land in the Park, as depicted on the map.
Park
The term Park means the Pecos National Historical Park in the State.
Secretaries
The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.
State
The term State means the State of New Mexico.
Land exchange
In General
On conveyance by the landowner to the Secretary of the Interior of the non-Federal land, title to which is acceptable to the Secretary of the Interior—
the Secretary of Agriculture shall, subject to the conditions of this section, convey to the landowner the Federal land; and
the Secretary of the Interior shall, subject to the conditions of this section, grant to the landowner the easement described in paragraph (2).
Easement
In general
The easement referred to in paragraph (1)(B) is an easement (including an easement for service access) for water pipelines to 2 well sites located in the Park, as generally depicted on the map.
Route
The Secretary of the Interior, in consultation with the landowner, shall determine the appropriate route of the easement through the Park.
Terms and conditions
The easement shall include such terms and conditions relating to the use of, and access to, the well sites and pipeline, as the Secretary of the Interior, in consultation with the landowner, determines to be appropriate.
Applicable law
The easement shall be established, operated, and maintained in compliance with applicable Federal law.
Valuation, Appraisals, and Equalization
In general
The value of the Federal land and non-Federal land—
shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or
if the value is not equal, shall be equalized in accordance with subparagraph (C).
Appraisals
In general
The Federal land and non-Federal land shall be appraised by an independent appraiser selected by the Secretaries.
Requirements
An appraisal conducted under clause (i) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisition; and
the Uniform Standards of Professional Appraisal Practice.
Approval
The appraisals conducted under this subparagraph shall be submitted to the Secretaries for approval.
Equalization of values
In general
If the values of the non-Federal land and the Federal land are not equal, the values may be equalized by—
the Secretary of the Interior making a cash equalization payment to the landowner;
the landowner making a cash equalization payment to the Secretary of Agriculture; or
reducing the acreage of the non-Federal land or the Federal land, as appropriate.
Cash equalization payments
Any amounts received by the Secretary of Agriculture as a cash equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) shall—
be deposited in
the fund established by Public Law 90–171 (commonly known as the Sisk
Act
) (16 U.S.C. 484a); and
be available for expenditure, without further appropriation, for the acquisition of land and interests in land in the State.
Costs
Before the completion of the exchange under this subsection, the Secretaries and the landowner shall enter into an agreement that allocates the costs of the exchange among the Secretaries and the landowner.
Applicable Law
Except as otherwise provided in this section, the exchange of land and interests in land under this section shall be in accordance with—
section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and
other applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Additional Terms and Conditions
The Secretaries may require, in addition to any requirements under this section, such terms and conditions relating to the exchange of Federal land and non-Federal land and the granting of easements under this section as the Secretaries determine to be appropriate to protect the interests of the United States.
Completion of the Exchange
In general
The exchange of Federal land and non-Federal land shall be completed not later than 180 days after the later of—
the date on which the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met;
the date on which the Secretary of the Interior approves the appraisals under paragraph (3)(B)(iii); or
the date on which the Secretaries and the landowner agree on the costs of the exchange and any other terms and conditions of the exchange under this subsection.
Notice
The Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives notice of the completion of the exchange of Federal land and non-Federal land under this section.
Administration
In General
The Secretary of the Interior shall administer the
non-Federal land acquired under this section in accordance with the laws
generally applicable to units of the National Park System, including the Act of
August 25, 1916 (commonly known as the National Park Service Organic
Act
) (16 U.S.C. 1 et seq.).
Maps
In general
The map shall be on file and available for public inspection in the appropriate offices of the Secretaries.
Transmittal of revised map to congress
Not later than 180 days after completion of the exchange, the Secretaries shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a revised map that depicts—
the Federal land and non-Federal land exchanged under this section; and
the easement described in subsection (b)(2).
Watershed restoration and enhancement agreements
Section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105–277), is amended—
in subsection
(a), by striking each of fiscal years 2006 through 2011
and
inserting fiscal year 2006 and each fiscal year
thereafter
;
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (c) the following:
Applicable Law
Chapter 63 of title 31, United States Code, shall not apply to—
a watershed restoration and enhancement agreement entered into under this section; or
an agreement entered into under the first section of Public Law 94–148 (16 U.S.C. 565a–1).
.
Wildland firefighter safety
Definitions
In this section:
Secretaries
The term Secretaries means—
the Secretary of the Interior, acting through the Directors of the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, and the Bureau of Indian Affairs; and
the Secretary of Agriculture, acting through the Chief of the Forest Service.
Wildland firefighter
The term wildland firefighter means any person who participates in wildland firefighting activities—
under the direction of either of the Secretaries; or
under a contract or compact with a federally recognized Indian tribe.
Annual report to Congress
In general
The Secretaries shall jointly submit to Congress an annual report on the wildland firefighter safety practices of the Secretaries, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use, during the preceding calendar year.
Timeline
Each report under paragraph (1) shall—
be submitted by not later than March of the year following the calendar year covered by the report; and
include—
a description of, and any changes to, wildland firefighter safety practices, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use;
statistics and trend analyses;
an estimate of the amount of Federal funds expended by the Secretaries on wildland firefighter safety practices, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use;
progress made in implementing recommendations from the Inspector General, the Government Accountability Office, the Occupational Safety and Health Administration, or an agency report relating to a wildland firefighting fatality issued during the preceding 10 years; and
a description of—
the provisions relating to wildland firefighter safety practices in any Federal contract or other agreement governing the provision of wildland firefighters by a non-Federal entity;
a summary of any actions taken by the Secretaries to ensure that the provisions relating to safety practices, including training, are complied with by the non-Federal entity; and
the results of those actions.
Lewis and Clark Mount Hood Wilderness Area
Definitions
In this subtitle:
Secretary
The term Secretary means the Secretary of Agriculture.
State
The term State means the State of Oregon.
Designation of wilderness areas
Designation of Lewis and Clark Mount Hood wilderness areas
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State of Oregon are designated as wilderness areas and as components of the National Wilderness Preservation System:
Badger creek wilderness additions
Certain Federal
land managed by the Forest Service, comprising approximately 4,140 acres, as
generally depicted on the maps entitled Badger Creek Wilderness—Badger
Creek Additions
and Badger Creek Wilderness—Bonney
Butte
, dated July 16, 2007, which is incorporated in, and considered to
be a part of, the Badger Creek Wilderness, as designated by section 3(3) of the
Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).
Bull of the woods wilderness addition
Certain Federal land
managed by the Forest Service, comprising approximately 10,180 acres, as
generally depicted on the map entitled Bull of the Woods Wilderness—Bull
of the Woods Additions
, dated July 16, 2007, which is incorporated in,
and considered to be a part of, the Bull of the Woods Wilderness, as designated
by section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 273).
Clackamas wilderness
Certain Federal land managed by the Forest
Service, comprising approximately 9,470 acres, as generally depicted on the
maps entitled Clackamas Wilderness—Big Bottom
, Clackamas
Wilderness—Clackamas Canyon
, Clackamas Wilderness—Memaloose
Lake
, Clackamas Wilderness—Sisi Butte
, and
Clackamas Wilderness—South Fork Clackamas
, dated July 16, 2007,
which shall be known as the Clackamas Wilderness
.
Mark O. Hatfield wilderness additions
Certain Federal land managed by the
Forest Service, comprising approximately 25,960 acres, as generally depicted on
the maps entitled Mark O. Hatfield Wilderness—Gorge Face
and
Mark O. Hatfield Wilderness—Larch Mountain
, dated July 16, 2007,
which is incorporated in, and considered to be a part of, the Mark O. Hatfield
Wilderness, as designated by section 3(1) of the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; 98 Stat. 273).
Mount Hood wilderness additions
Certain Federal
land managed by the Forest Service, comprising approximately 18,450 acres, as
generally depicted on the maps entitled Mount Hood Wilderness—Barlow
Butte
, Mount Hood Wilderness—Elk Cove/Mazama
,
Mount Hood Wilderness—Richard L. Kohnstamm Memorial Area
,
Mount Hood Wilderness—Sand Canyon
, Mount Hood
Wilderness—Sandy Additions
, Mount Hood Wilderness—Twin
Lakes
, and Mount Hood Wilderness—White River
, dated July
16, 2007, and the map entitled Mount Hood Wilderness—Cloud Cap
,
dated July 20, 2007, which is incorporated in, and considered to be a part of,
the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness
Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American
Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43).
Roaring river wilderness
Certain Federal land managed by the Forest
Service, comprising approximately 36,550 acres, as generally depicted on the
map entitled Roaring River Wilderness—Roaring River Wilderness
,
dated July 16, 2007, which shall be known as the Roaring River
Wilderness
.
Salmon-huckleberry wilderness additions
Certain Federal
land managed by the Forest Service, comprising approximately 16,620 acres, as
generally depicted on the maps entitled Salmon-Huckleberry
Wilderness—Alder Creek Additions
, Salmon-Huckleberry
Wilderness—Eagle Creek Addition
, Salmon-Huckleberry
Wilderness—Hunchback Mountain
, Salmon-Huckleberry
Wilderness—Inch Creek
, Salmon-Huckleberry Wilderness—Mirror
Lake
, and Salmon-Huckleberry Wilderness—Salmon River
Meadows
, dated July 16, 2007, which is incorporated in, and considered
to be a part of, the Salmon-Huckleberry Wilderness, as designated by section
3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat.
273).
Lower white river wilderness
Certain Federal land managed by the Forest
Service and Bureau of Land Management, comprising approximately 2,870 acres, as
generally depicted on the map entitled Lower White River
Wilderness—Lower White River
, dated July 16, 2007, which shall be known
as the Lower White River Wilderness
.
Richard L. Kohnstamm Memorial Area
Certain Federal land
managed by the Forest Service, as generally depicted on the map entitled
Mount Hood Wilderness—Richard L. Kohnstamm Memorial Area
, dated
July 16, 2007, is designated as the Richard L. Kohnstamm Memorial
Area
.
Potential wilderness area; additions to wilderness areas
Roaring river potential wilderness area
In general
In furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service,
comprising approximately 900 acres identified as Potential
Wilderness
on the map entitled Roaring River Wilderness
,
dated July 16, 2007, is designated as a potential wilderness area.
Management
The potential wilderness area designated by subparagraph (A) shall be managed in accordance with section 4 of the Wilderness Act (16 U.S.C. 1133).
Designation as wilderness
On the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area designated by subparagraph (A) are compatible with the Wilderness Act (16 U.S.C. 1131 et seq.), the potential wilderness shall be—
designated as wilderness and as a component of the National Wilderness Preservation System; and
incorporated into the Roaring River Wilderness designated by subsection (a)(6).
Addition to the Mount Hood Wilderness
On completion of the land exchange under
section 416(a)(2), certain Federal land managed by the Forest Service,
comprising approximately 1,710 acres, as generally depicted on the map entitled
Mount Hood Wilderness—Tilly Jane
, dated July 20, 2007, shall be
incorporated in, and considered to be a part of, the Mount Hood Wilderness, as
designated under section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and
enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16
U.S.C. 1132 note; 92 Stat. 43) and subsection (a)(5).
Addition to the Salmon-Huckleberry Wilderness
On acquisition by the United
States, the approximately 160 acres of land identified as Land to be
acquired by USFS
on the map entitled Hunchback Mountain Land
Exchange, Clackamas County
, dated June 2006, shall be incorporated in,
and considered to be a part of, the Salmon-Huckleberry Wilderness, as
designated by section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132
note; 98 Stat. 273) and enlarged by subsection (a)(7).
Maps and legal descriptions
In General
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of Law
The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.
Public Availability
Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.
Description of land
The boundaries of the areas designated as wilderness by subsection (a) that are immediately adjacent to a utility right-of-way or a Federal Energy Regulatory Commission project boundary shall be 100 feet from the boundary of the right-of-way or the project boundary.
Administration
In General
Subject to valid existing rights, each area designated as wilderness by this section shall be administered by the Secretary that has jurisdiction over the land within the wilderness, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the wilderness.
Incorporation of Acquired Land and Interests
Any land within the boundary of a wilderness area designated by this section that is acquired by the United States shall—
become part of the wilderness area in which the land is located; and
be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.
Buffer zones
In General
As provided in the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328), Congress does not intend for designation of wilderness areas in the State under this section to lead to the creation of protective perimeters or buffer zones around each wilderness area.
Activities or Uses up to Boundaries
The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.
Fire, insects, and diseases
As provided in section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas designated
by this section, the Secretary that has jurisdiction over the land within the
wilderness (referred to in this subsection as the Secretary
) may
take such measures as are necessary to control fire, insects, and diseases,
subject to such terms and conditions as the Secretary determines to be
desirable and appropriate.
Withdrawal
Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Designation of streams for wild and scenic river protection in the Mount Hood area
Wild and Scenic River designations, Mount Hood National Forest
In general
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:
South Fork Clackamas River
The 4.2-mile segment of the South Fork Clackamas River from its confluence with the East Fork of the South Fork Clackamas to its confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a wild river.
Eagle Creek
The 8.3-mile segment of Eagle Creek from its headwaters to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a wild river.
Middle Fork Hood River
The 3.7-mile segment of the Middle Fork Hood River from the confluence of Clear and Coe Branches to the north section line of section 11, township 1 south, range 9 east, to be administered by the Secretary of Agriculture as a scenic river.
South Fork Roaring River
The 4.6-mile segment of the South Fork Roaring River from its headwaters to its confluence with Roaring River, to be administered by the Secretary of Agriculture as a wild river.
Zig Zag River
The 4.3-mile segment of the Zig Zag River from its headwaters to the Mount Hood Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river.
Fifteenmile Creek
In general
The 11.1-mile segment of Fifteenmile Creek from its source at Senecal Spring to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 east, to be administered by the Secretary of Agriculture in the following classes:
The 2.6-mile segment from its source at Senecal Spring to the Badger Creek Wilderness boundary, as a wild river.
The 0.4-mile segment from the Badger Creek Wilderness boundary to the point 0.4 miles downstream, as a scenic river.
The 7.9-mile segment from the point 0.4 miles downstream of the Badger Creek Wilderness boundary to the western edge of section 20, township 2 south, range 12 east as a wild river.
The 0.2-mile segment from the western edge of section 20, township 2 south, range 12 east, to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 east as a scenic river.
Inclusions
Notwithstanding section 3(b), the lateral boundaries of both the wild river area and the scenic river area along Fifteenmile Creek shall include an average of not more than 640 acres per mile measured from the ordinary high water mark on both sides of the river.
East Fork Hood River
The 13.5-mile segment of the East Fork Hood River from Oregon State Highway 35 to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river.
Collawash River
The 17.8-mile segment of the Collawash River from the headwaters of the East Fork Collawash to the confluence of the mainstream of the Collawash River with the Clackamas River, to be administered by the Secretary of Agriculture in the following classes:
The 11.0-mile segment from the headwaters of the East Fork Collawash River to Buckeye Creek, as a scenic river.
The 6.8-mile segment from Buckeye Creek to the Clackamas River, as a recreational river.
Fish Creek
The 13.5-mile segment of Fish Creek from its headwaters to the confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a recreational river.
.
Effect
The amendments made by paragraph (1) do not affect valid existing water rights.
Protection for Hood River, Oregon
Section 13(a)(4) of
the Columbia River Gorge National Scenic Area Act
(16 U.S.C.
544k(a)(4)) is amended by striking for a period not to exceed twenty
years from the date of enactment of this Act,
.
Mount Hood National Recreation Area
Designation
To provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, there is established the Mount Hood National Recreation Area within the Mount Hood National Forest.
Boundary
The
Mount Hood National Recreation Area shall consist of certain Federal land
managed by the Forest Service and Bureau of Land Management, comprising
approximately 34,550 acres, as generally depicted on the maps entitled
National Recreation Areas—Mount Hood NRA
, “National Recreation
Areas—Fifteenmile Creek NRA”, and National Recreation Areas—Shellrock
Mountain
, dated February 2007.
Map and legal description
Submission of legal description
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Mount Hood National Recreation Area with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law
The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and the legal description.
Public availability
The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Administration
In general
The Secretary shall—
administer the Mount Hood National Recreation Area—
in accordance with the laws (including regulations) and rules applicable to the National Forest System; and
consistent with the purposes described in subsection (a); and
only allow uses of the Mount Hood National Recreation Area that are consistent with the purposes described in subsection (a).
Applicable law
Any portion of a wilderness area designated by section 412 that is located within the Mount Hood National Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
Timber
The cutting, sale, or removal of timber within the Mount Hood National Recreation Area may be permitted—
to the extent necessary to improve the health of the forest in a manner that—
maximizes the retention of large trees—
as appropriate to the forest type; and
to the extent that the trees promote stands that are fire-resilient and healthy;
improves the habitats of threatened, endangered, or sensitive species; or
maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire;
to accomplish an approved management activity in furtherance of the purposes established by this section, if the cutting, sale, or removal of timber is incidental to the management activity; or
for de minimus personal or administrative use within the Mount Hood National Recreation Area, where such use will not impair the purposes established by this section.
Road construction
No new or temporary roads shall be constructed or reconstructed within the Mount Hood National Recreation Area except as necessary—
to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would cause the loss of life or property;
to conduct environmental cleanup required by the United States;
to allow for the exercise of reserved or outstanding rights provided for by a statute or treaty;
to prevent irreparable resource damage by an existing road; or
to rectify a hazardous road condition.
Withdrawal
Subject to valid existing rights, all Federal land within the Mount Hood National Recreation Area is withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing.
Transfer of administrative jurisdiction
In general
Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the Bureau of Land Management to the Forest Service.
Description of land
The land referred to in paragraph (1) is the approximately
130 acres of land administered by the Bureau of Land Management within or
adjacent to the Mount Hood National Recreation Area that is identified as
BLM Lands
on the map entitled National Recreation
Areas—Shellrock Mountain
, dated February 2007.
Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek
Crystal Springs Watershed Special Resources Management Unit
Establishment
In general
On completion of the land exchange under section
416(a)(2), there shall be established a special resources management unit in
the State consisting of certain Federal land managed by the Forest Service, as
generally depicted on the map entitled Crystal Springs Watershed Special
Resources Management Unit
, dated June 2006 (referred to in this
subsection as the map
), to be known as the Crystal
Springs Watershed Special Resources Management Unit
(referred to in
this subsection as the Management Unit
).
Exclusion of Certain Land
The Management Unit does not include any National Forest System land otherwise covered by subparagraph (A) that is designated as wilderness by section 412.
Withdrawal
In general
Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as the Management Unit is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Exception
Clause
(i)(I) does not apply to the parcel of land generally depicted as HES
151
on the map.
Purposes
The purposes of the Management Unit are—
to ensure the protection of the quality and quantity of the Crystal Springs watershed as a clean drinking water source for the residents of Hood River County, Oregon; and
to allow visitors to enjoy the special scenic, natural, cultural, and wildlife values of the Crystal Springs watershed.
Map and Legal Description
Submission of legal description
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Management Unit with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law
The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.
Public availability
The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Administration
In general
The Secretary shall—
administer the Management Unit—
in accordance with the laws (including regulations) and rules applicable to units of the National Forest System; and
consistent with the purposes described in paragraph (2); and
only allow uses of the Management Unit that are consistent with the purposes described in paragraph (2).
Fuel reduction in proximity to improvements and primary public roads
To protect the water quality, water quantity, and scenic, cultural, natural, and wildlife values of the Management Unit, the Secretary may conduct fuel reduction and forest health management treatments to maintain and restore fire-resilient forest structures containing late successional forest structure characterized by large trees and multistoried canopies, as ecologically appropriate, on National Forest System land in the Management Unit—
in any area located not more than 400 feet from structures located on—
National Forest System land; or
private land adjacent to National Forest System land;
in any area located not more than 400 feet from the Cooper Spur Road, the Cloud Cap Road, or the Cooper Spur Ski Area Loop Road; and
on any other National Forest System land in the Management Unit, with priority given to activities that restore previously harvested stands, including the removal of logging slash, smaller diameter material, and ladder fuels.
Prohibited activities
Subject to valid existing rights, the following activities shall be prohibited on National Forest System land in the Management Unit:
New road construction or renovation of existing non-System roads, except as necessary to protect public health and safety.
Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted to further the purposes described in paragraph (2)).
Commercial livestock grazing.
The placement of new fuel storage tanks.
Except to the extent necessary to further the purposes described in paragraph (2), the application of any toxic chemicals (other than fire retardants), including pesticides, rodenticides, or herbicides.
Forest Road Closures
In general
Except as provided in subparagraph (B), the Secretary may provide for the closure or gating to the general public of any Forest Service road within the Management Unit.
Exception
Nothing in this subsection requires the
Secretary to close the road commonly known as Cloud Cap Road
,
which shall be administered in accordance with otherwise applicable law.
Private Land
Effect
Nothing in this subsection affects the use
of, or access to, any private property within the area identified on the map as
the Crystal Springs Zone of Contribution
by—
the owners of the private property; and
guests to the private property.
Cooperation
The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this subsection.
Acquisition of land
In general
The Secretary may acquire from willing
landowners any land located within the area identified on the map as the
Crystal Springs Zone of Contribution
.
Inclusion in management unit
On the date of acquisition, any land acquired under subparagraph (A) shall be incorporated in, and be managed as part of, the Management Unit.
Protections for Upper Big Bottom and Cultus Creek
In general
The Secretary shall manage the Federal land administered by the Forest Service described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.
Description of land
The Federal land referred to in paragraph (1) is—
the approximately
1,580 acres, as generally depicted on the map entitled Upper Big
Bottom
, dated July 16, 2007; and
the approximately
280 acres identified as Cultus Creek
on the map entitled
Clackamas Wilderness—South Fork Clackamas
, dated July 16,
2007.
Maps and legal descriptions
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the Federal land described in paragraph (2) with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law
The maps and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.
Public availability
Each map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Use of land
In general
Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes identified in paragraph (1).
Prohibited uses
The following shall be prohibited on the Federal land described in paragraph (2):
Permanent roads.
Commercial enterprises.
Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety—
the use of motor vehicles; or
the establishment of temporary roads.
Withdrawal
Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing.
Land exchanges
Cooper Spur-Government Camp land exchange
Definitions
In this subsection:
County
The term County means Hood River County, Oregon.
Exchange map
The term exchange map means
the map entitled Cooper Spur/Government Camp Land Exchange
,
dated June 2006.
Federal land
The term Federal land means
the approximately 120 acres of National Forest System land in the Mount Hood
National Forest in Government Camp, Clackamas County, Oregon, identified as
USFS Land to be Conveyed
on the exchange map.
Mt. Hood Meadows
The term Mt. Hood Meadows means the Mt. Hood Meadows Oregon, Limited Partnership.
Non-federal land
The term non-Federal land means—
the parcel of approximately 770 acres of
private land at Cooper Spur identified as Land to be acquired by
USFS
on the exchange map; and
any buildings, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur Ski Area covered by an appraisal described in paragraph (2)(D).
Cooper Spur-Government Camp land exchange
Conveyance of land
Subject to the provisions of this subsection, if Mt. Hood Meadows offers to convey to the United States all right, title, and interest of Mt. Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. Hood Meadows all right, title, and interest of the United States in and to the Federal land (other than any easements reserved under subparagraph (G)), subject to valid existing rights.
Compliance with existing law
Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
Conditions on acceptance
Title
As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.
Terms and conditions
The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.
Appraisals
In general
As soon as practicable after the date of enactment of this Act, the Secretary and Mt. Hood Meadows shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.
Requirements
An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Surveys
In general
The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.
Costs
The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Mt. Hood Meadows.
Deadline for completion of land exchange
It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.
Reservation of easements
As a condition of the conveyance of the Federal land, the Secretary shall reserve—
a conservation easement to the Federal land to protect existing wetland, as identified by the Oregon Department of State Lands, that allows equivalent wetland mitigation measures to compensate for minor wetland encroachments necessary for the orderly development of the Federal land; and
a trail easement to the Federal land that allows—
nonmotorized use by the public of existing trails;
roads, utilities, and infrastructure facilities to cross the trails; and
improvement or relocation of the trails to accommodate development of the Federal land.
Port of Cascade Locks land exchange
Definitions
In this subsection:
Exchange map
The term exchange map means
the map entitled Port of Cascade Locks/Pacific Crest National Scenic
Trail Land Exchange
, dated June 2006.
Federal land
The term Federal land means
the parcel of land consisting of approximately 10 acres of National Forest
System land in the Columbia River Gorge National Scenic Area identified as
USFS Land to be conveyed
on the exchange map.
Non-Federal land
The term non-Federal land
means the parcels of land consisting of approximately 40 acres identified as
Land to be acquired by USFS
on the exchange map.
Port
The term Port means the Port of Cascade Locks, Cascade Locks, Oregon.
Land exchange, Port of Cascade Locks-Pacific Crest National Scenic Trail
Conveyance of land
Subject to the provisions of this subsection, if the Port offers to convey to the United States all right, title, and interest of the Port in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the Port all right, title, and interest of the United States in and to the Federal land.
Compliance with existing law
Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
Conditions on acceptance
Title
As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.
Terms and conditions
The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.
Appraisals
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.
Requirements
An appraisal under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Surveys
In general
The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.
Costs
The responsibility for the costs of any surveys conducted under subparagraph (A), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Port.
Deadline for completion of land exchange
It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.
Hunchback Mountain land exchange and boundary adjustment
Definitions
In this subsection:
County
The term County means Clackamas County, Oregon.
Exchange map
The term exchange map means
the map entitled Hunchback Mountain Land Exchange, Clackamas
County
, dated June 2006.
Federal land
The term Federal land means
the parcel of land consisting of approximately 160 acres of National Forest
System land in the Mount Hood National Forest identified as USFS Land to
be Conveyed
on the exchange map.
Non-Federal land
The term non-Federal land
means the parcel of land consisting of approximately 160 acres identified as
Land to be acquired by USFS
on the exchange map.
Hunchback Mountain land exchange
Conveyance of Land
Subject to the provisions of this paragraph, if the County offers to convey to the United States all right, title, and interest of the County in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the County all right, title, and interest of the United States in and to the Federal land.
Compliance with existing law
Except as otherwise provided in this paragraph, the Secretary shall carry out the land exchange under this paragraph in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
Conditions on acceptance
Title
As a condition of the land exchange under this paragraph, title to the non-Federal land to be acquired by the Secretary under this paragraph shall be acceptable to the Secretary.
Terms and conditions
The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.
Appraisals
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.
Requirements
An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Surveys
In general
The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.
Costs
The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the County.
Deadline for completion of land exchange
It is the intent of Congress that the land exchange under this paragraph shall be completed not later than 16 months after the date of enactment of this Act.
Boundary adjustment
In general
The boundary of the Mount Hood National Forest shall be adjusted to incorporate—
any land conveyed to the United States under paragraph (2); and
the land transferred to the Forest Service by section 414(h)(1).
Additions to the National Forest System
The Secretary shall administer the land described in subparagraph (A)—
in accordance with—
the Act of March 1, 1911 (commonly known as
the Weeks Law
) (16 U.S.C. 480 et seq.); and
any laws (including regulations) applicable to the National Forest System; and
subject to sections 412(c)(3) and 414(d), as applicable.
Land and Water Conservation Fund
For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries of the Mount Hood National Forest modified by this paragraph shall be considered to be the boundaries of the Mount Hood National Forest in existence as of January 1, 1965.
Conditions on development of Federal land
Requirements applicable to the conveyance of Federal land
In general
As a condition of each of the conveyances of Federal land under this section, the Secretary shall include in the deed of conveyance a requirement that applicable construction activities and alterations shall be conducted in accordance with—
nationally recognized building and property maintenance codes; and
nationally recognized codes for development in the wildland-urban interface and wildfire hazard mitigation.
Applicable law
To the maximum extent practicable, the codes required under subparagraph (A) shall be consistent with the nationally recognized codes adopted or referenced by the State or political subdivisions of the State.
Enforcement
The requirements under subparagraph (A) may be enforced by the same entities otherwise enforcing codes, ordinances, and standards.
Compliance with codes on Federal land
The Secretary shall ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on National Forest System land in the Mount Hood National Forest are conducted in accordance with—
nationally recognized building and property maintenance codes; and
nationally recognized codes for development in the wildland-urban interface development and wildfire hazard mitigation.
Effect on enforcement by States and political subdivisions
Nothing in this subsection alters or limits the power of the State or a political subdivision of the State to implement or enforce any law (including regulations), rule, or standard relating to development or fire prevention and control.
Tribal provisions; planning and studies
Transportation plan
In General
The Secretary shall seek to participate in the development of an integrated, multimodal transportation plan developed by the Oregon Department of Transportation for the Mount Hood region to achieve comprehensive solutions to transportation challenges in the Mount Hood region—
to promote appropriate economic development;
to preserve the landscape of the Mount Hood region; and
to enhance public safety.
Issues To Be addressed
In participating in the development of the transportation plan under paragraph (1), the Secretary shall seek to address—
transportation alternatives between and among recreation areas and gateway communities that are located within the Mount Hood region;
establishing park-and-ride facilities that shall be located at gateway communities;
establishing intermodal transportation centers to link public transportation, parking, and recreation destinations;
creating a new interchange on Oregon State Highway 26 located adjacent to or within Government Camp;
designating, maintaining, and improving alternative routes using Forest Service or State roads for—
providing emergency routes; or
improving access to, and travel within, the Mount Hood region;
the feasibility of establishing—
a gondola connection that—
connects Timberline Lodge to Government Camp; and
is located in close proximity to the site of the historic gondola corridor; and
an intermodal transportation center to be located in close proximity to Government Camp;
burying power lines located in, or adjacent to, the Mount Hood National Forest along Interstate 84 near the City of Cascade Locks, Oregon; and
creating mechanisms for funding the implementation of the transportation plan under paragraph (1), including—
funds provided by the Federal Government;
public-private partnerships;
incremental tax financing; and
other financing tools that link transportation infrastructure improvements with development.
Mount Hood National Forest stewardship strategy
In general
The Secretary shall prepare a report on, and implementation schedule for, the vegetation management strategy (including recommendations for biomass utilization) for the Mount Hood National Forest being developed by the Forest Service.
Submission to Congress
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit the report to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Implementation schedule
Not later than 1 year after the date on which the vegetation management strategy referred to in paragraph (1) is completed, the Secretary shall submit the implementation schedule to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Local and tribal relationships
Management plan
In general
The Secretary, in consultation with Indian tribes with treaty-reserved gathering rights on land encompassed by the Mount Hood National Forest and in a manner consistent with the memorandum of understanding entered into between the Department of Agriculture, the Bureau of Land Management, the Bureau of Indian Affairs, and the Confederated Tribes of the Warm Springs Reservation of Oregon, dated April 25, 2003, as modified, shall develop and implement a management plan that meets the cultural foods obligations of the United States under applicable treaties, including the Treaty with the Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).
Effect
This paragraph shall be considered to be consistent with, and is intended to implement, the gathering rights reserved by the treaty described in subparagraph (A).
Savings provisions regarding relations with Indian tribes
Treaty Rights
Nothing in this subtitle alters, modifies, enlarges, diminishes, or extinguishes the treaty rights of any Indian tribe, including the off-reservation reserved rights established by the Treaty with the Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).
Tribal Land
Nothing in this subtitle affects land held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other land acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes.
Recreational uses
Mount Hood National Forest Recreational Working Group
The Secretary may establish a working group for the purpose of providing advice and recommendations to the Forest Service on planning and implementing recreation enhancements in the Mount Hood National Forest.
Consideration of conversion of forest roads to recreational uses
In considering a Forest Service road in the Mount Hood National Forest for possible closure and decommissioning after the date of enactment of this Act, the Secretary, in accordance with applicable law, shall consider, as an alternative to decommissioning the road, converting the road to recreational uses to enhance recreational opportunities in the Mount Hood National Forest.
Improved trail access for persons with disabilities
The Secretary, in consultation with the public, may design and construct a trail at a location selected by the Secretary in Mount Hood National Forest suitable for use by persons with disabilities.
Department of Energy authorizations
Technical criteria for clean coal power initiative
Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42 U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and inserting the following:
to remove at least 99 percent of sulfur dioxide; or
to emit not more than 0.04 pound SO2 per million Btu, based on a 30-day average;
.
Additional Assistant Secretary for Department of Energy
In general
Section 203(a) of the Department of Energy Organization
Act (42 U.S.C. 7133(a)) is amended in the first sentence by striking 7
Assistant Secretaries
and inserting 8 Assistant
Secretaries
.
Conforming amendment
Section 5315 of title 5, United States Code, is amended
by striking Assistant Secretaries of Energy (7)
and inserting
Assistant Secretaries of Energy (8)
.
Sense of Congress
It is the sense of Congress that leadership for missions of the Department of Energy relating to electricity delivery and reliability should be at the Assistant Secretary level.
United States-Israel energy cooperation
Findings
Congress finds that—
it is in the highest national security interests of the United States to develop renewable energy sources;
the State of Israel is a steadfast ally of the United States;
the special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as—
the United States-Israel Binational Science Foundation; and
the United States-Israel Binational Industrial Research and Development Foundation;
those programs have made possible many scientific, technological, and commercial breakthroughs in the fields of life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and others;
on February 1, 1996, the Secretary of Energy and the Israeli Minister of Energy and Infrastructure signed an agreement to establish a framework for collaboration between the United States and Israel in energy research and development activities;
Israeli scientists and engineers are at the forefront of research and development in the field of renewable energy sources; and
enhanced cooperation between the United States and Israel for the purpose of research and development of renewable energy sources would be in the national interests of both countries.
Grant program
Establishment
In
implementing the agreement entitled the Agreement between the Department
of Energy of the United States of America and the Ministry of Energy and
Infrastructure of Israel Concerning Energy Cooperation
, dated February
1, 1996, the Secretary of Energy (referred to in this section as the
Secretary) shall establish a grant program in accordance with the
requirements of sections 988 and 989 of the Energy Policy Act of 2005 (42
U.S.C. 16352, 16353) to support research, development, and commercialization of
renewable energy or energy efficiency.
Types of energy
In carrying out paragraph (1), the Secretary may make grants to promote—
solar energy;
biomass energy;
energy efficiency;
wind energy;
geothermal energy;
wave and tidal energy; and
advanced battery technology.
Eligible applicants
An applicant shall be eligible to receive a grant under this subsection if the project of the applicant—
addresses a requirement in the area of improved energy efficiency or renewable energy sources, as determined by the Secretary; or
is a joint venture between—
a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), or nonprofit entity in the United States; and
a for-profit business entity, academic institution, or nonprofit entity in Israel; or
the Federal Government; and
the Government of Israel.
Applications
To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for the grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5).
Advisory board
Establishment
The Secretary shall establish an advisory board—
to monitor the method by which grants are awarded under this subsection; and
to provide to the Secretary periodic performance reviews of actions taken to carry out this subsection.
Composition
The advisory board established under subparagraph (A) shall be composed of 3 members, to be appointed by the Secretary, of whom—
1 shall be a representative of the Federal Government;
1 shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and
1 shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation.
Contributed funds
Notwithstanding section 3302 of title 31, United States Code, the Secretary may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this subsection—
without further appropriation; and
without fiscal year limitation.
Report
Not later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains—
a description of the method by which the recipient used the grant funds; and
an evaluation of the level of success of each project funded by the grant.
Classification
Grants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel.
Termination
The grant program and the advisory committee established under this section terminate on the date that is 7 years after the date of enactment of this Act.
Authorization of appropriations
The Secretary shall use amounts authorized to be appropriated under section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) to carry out this section.
Alaska natural gas pipeline
Administration
Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d) is amended by adding at the end the following:
Administration
Personnel appointments
In general
The Federal Coordinator may appoint and terminate such personnel as the Federal Coordinator determines to be appropriate.
Authority of Federal Coordinator
Personnel appointed by the Federal Coordinator under subparagraph (A) shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.
Compensation
In general
Subject to subparagraph (B), personnel appointed by the Federal Coordinator under paragraph (1)(A) shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to classification and General Schedule pay rates).
Maximum level of compensation
The rate of pay for personnel appointed by the Federal Coordinator under paragraph (1)(A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule.
Applicability of Section 5941
Section 5941 of title 5, United States Code, shall apply to personnel appointed by the Federal Coordinator under paragraph (1)(A).
Temporary services
In general
The Federal Coordinator may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code.
Maximum level of compensation
The level of compensation of an individual employed on a temporary or intermittent basis under subparagraph (A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule.
Fees, charges, and commissions
In general
The Federal Coordinator shall have the authority to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds as provided to the Secretary of the Interior in section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734), except that the authority shall be with respect to the duties of the Federal Coordinator, as described in this Act.
Authority of secretary of the interior
Subparagraph (A) shall not affect the authority of the Secretary of the Interior to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds under section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734).
Use of funds
The Federal Coordinator is authorized to use, without further appropriation, amounts collected under subparagraph (A) to carry out this section.
.
Clarification of authority
Section 107(a) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720e(a)) is amended by striking paragraph (3) and inserting the following:
the validity of any determination, permit, approval, authorization, review, or other related action taken under any provision of law relating to a gas transportation project constructed and operated in accordance with section 103, including—
subchapter II of
chapter 5, and chapter 7, of title 5, United States Code (commonly known as the
Administrative Procedure Act
);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the National Historic Preservation Act (16 U.S.C. 470 et seq.); and
the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
.
Compact of Free Association amendments
Approval of agreements
Section 101 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921) is amended—
in the first
sentence of subsection (a), by inserting before the period at the end the
following: , including Article X of the Federal Programs and Services
Agreement Between the Government of the United States and the Government of the
Federated States of Micronesia, as amended under the Agreement to Amend Article
X that was signed by those two Governments on June 30, 2004, which shall serve
as the authority to implement the provisions thereof
; and
in the first
sentence of subsection (b), by inserting before the period at the end the
following: , including Article X of the Federal Programs and Services
Agreement Between the Government of the United States and the Government of the
Republic of the Marshall Islands, as amended under the Agreement to Amend
Article X that was signed by those two Governments on June 18, 2004, which
shall serve as the authority to implement the provisions
thereof
.
Conforming amendment
Section 105(f)(1) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)) is amended by striking subparagraph (A) and inserting the following:
Emergency and disaster assistance
In general
Subject to clause (ii), section 221(a)(6) of the U.S.–FSM Compact and section 221(a)(5) of the U.S.–RMI Compact shall each be construed and applied in accordance with the two Agreements to Amend Article X of the Federal Programs and Service Agreements signed on June 30, 2004, and on June 18, 2004, respectively.
Definition of will provide funding
In the second sentence of paragraph 12 of each of the Agreements described in clause (i), the term will provide funding means will provide funding through a transfer of funds using Standard Form 1151 or a similar document or through an interagency, reimbursable agreement.
.
Clarifications regarding Palau
Section 105(f)(1)(B) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended—
in clause
(ii)(II), by striking and its territories
and inserting ,
its territories, and the Republic of Palau
;
in clause
(iii)(II), by striking , or the Republic of the Marshall Islands
and inserting , the Republic of the Marshall Islands, or the Republic of
Palau
; and
in clause (ix)—
by striking
Republic
both places it appears and inserting government,
institutions, and people
;
by striking
2007
and inserting 2009
; and
by striking
was
and inserting were
.
Availability of legal services
Section
105(f)(1)(C) of the Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921d(f)(1)(C)) is amended by inserting before the period at the end the
following: , which shall also continue to be available to the citizens
of the Federated States of Micronesia, the Republic of Palau, and the Republic
of the Marshall Islands who legally reside in the United States (including
territories and possessions)
.
Technical amendments
Title I
Section 177 agreement
Section 103(c)(1) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921b(c)(1)) is amended by striking
section 177
and inserting Section 177
.
Interpretation and united states policy
Section 104 of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921c) is amended—
in subsection
(b)(1), by inserting the
before U.S.–RMI
Compact,
;
in subsection (e)—
in
the matter preceding subparagraph (A) of paragraph (8), by striking to
include
and inserting and include
;
in
paragraph (9)(A), by inserting a comma after may
; and
in paragraph
(10), by striking related to service
and inserting
related to such services
; and
in the first
sentence of subsection (j), by inserting the
before
Interior
.
Supplemental provisions
Section 105(b)(1) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921d(b)(1)) is amended by striking
Trust Fund
and inserting Trust Funds
.
Title II
U.S.–FSM compact
The Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia (as provided in section 201(a) of the Compact of Free Association Amendments Act of 2003 (117 Stat. 2757)) is amended—
in section 174—
in
subsection (a), by striking courts
and inserting
court
; and
in
subsection (b)(2), by striking the
before
November
;
in section
177(a), by striking , or Palau
and inserting (or
Palau)
;
in section
179(b), by striking amended Compact
and inserting
Compact, as amended,
;
in section 211—
in
the fourth sentence of subsection (a), by striking Compact, as Amended,
of Free Association
and inserting Compact of Free Association,
as amended
;
in
the fifth sentence of subsection (a), by striking Trust Fund
Agreement,
and inserting Agreement Between the Government of the
United States of America and the Government of the Federated States of
Micronesia Implementing Section 215 and Section 216 of the Compact, as Amended,
Regarding a Trust Fund (Trust Fund Agreement),
;
in subsection (b)—
in the first
sentence, by striking Government of the
before
Federated
; and
in the second
sentence, by striking Sections 321 and 323 of the Compact of Free
Association, as Amended
and inserting Sections 211(b), 321, and
323 of the Compact of Free Association, as amended,
; and
in
the last sentence of subsection (d), by inserting before the period at the end
the following: and the Federal Programs and Services Agreement referred
to in section 231
;
in the first
sentence of section 215(b), by striking subsection(a)
and
inserting subsection (a)
;
in section 221—
in
subsection (a)(6), by inserting (Federal Emergency Management
Agency)
after Homeland Security
; and
in
the first sentence of subsection (c), by striking agreements
and
inserting agreement
;
in the second
sentence of section 222, by inserting in
after referred
to
;
in the second
sentence of section 232, by striking sections 102 (c)
and all
that follows through January 14, 1986)
and inserting
section 102(b) of Public Law 108–188, 117 Stat. 2726, December 17,
2003
;
in the second
sentence of section 252, by inserting , as amended,
after
Compact
;
in the first
sentence of the first undesignated paragraph of section 341, by striking
Section 141
and inserting section 141
;
in section 342—
in
subsection (a), by striking 14 U.S.C. 195
and inserting
section 195 of title 14, United States Code
; and
in subsection (b)—
by striking
46 U.S.C. 1295(b)(6)
and inserting section 1303(b)(6) of
the Merchant Marine Act, 1936 (46
U.S.C. 1295b(b)(6))
; and
by striking
46 U.S.C. 1295b(b)(6)(C)
and inserting section
1303(b)(6)(C) of that Act
;
in the third
sentence of section 354(a), by striking section 442 and 452
and
inserting sections 442 and 452
;
in section
461(h), by striking Telecommunications
and inserting
Telecommunication
;
in section
462(b)(4), by striking of Free Association
the second place it
appears; and
in section
463(b), by striking Articles IV
and inserting Article
IV
.
U.S.–RMI compact
The Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands (as provided in section 201(b) of the Compact of Free Association Amendments Act of 2003 (117 Stat. 2795)) is amended—
in section
174(a), by striking court
and inserting
courts
;
in section
177(a), by striking the comma before (or Palau)
;
in section
179(b), by striking amended Compact,
and inserting
Compact, as amended,
;
in section 211—
in
the fourth sentence of subsection (a), by striking “Compact, as Amended, of
Free Association” and inserting Compact of Free Association, as
amended
;
in
the first sentence of subsection (b), by striking Agreement between the
Government of the United States and the Government of the Republic of the
Marshall Islands Regarding Miliary Use and Operating Rights
and
inserting Agreement Regarding the Military Use and Operating Rights of
the Government of the United States in the Republic of the Marshall Islands
concluded Pursuant to Sections 321 and 323 of the Compact of Free Association,
as Amended (Agreement between the Government of the United States and the
Government of the Republic of the Marshall Islands Regarding Military Use and
Operating Rights)
; and
in the last
sentence of subsection (e), by inserting before the period at the end the
following: and the Federal Programs and Services Agreement referred to
in section 231
;
in section 221(a)—
in
the matter preceding paragraph (1), by striking Section 231
and
inserting section 231
; and
in
paragraph (5), by inserting (Federal Emergency Management
Agency)
after Homeland Security
;
in the second
sentence of section 232, by striking sections 103(m)
and all
that follows through (January 14, 1986)
and inserting
section 103(k) of Public Law 108–188, 117 Stat. 2734, December 17,
2003
;
in the first
sentence of section 341, by striking Section 141
and inserting
section 141
;
in section 342—
in
subsection (a), by striking 14 U.S.C. 195
and inserting
section 195 of title 14, United States Code
; and
in subsection (b)—
by striking
46 U.S.C. 1295(b)(6)
and inserting section 1303(b)(6) of
the Merchant Marine Act, 1936 (46
U.S.C. 1295b(b)(6))
; and
by striking
46 U.S.C. 1295b(b)(6)(C)
and inserting section
1303(b)(6)(C) of that Act
;
in the third
sentence of section 354(a), by striking section 442 and 452
and
inserting sections 442 and 452
;
in the first
sentence of section 443, by inserting , as amended.
after
the Compact
;
in the matter preceding paragraph (1) of section 461(h)—
by
striking 1978
and inserting 1998
; and
by
striking Telecommunications
and inserting
Telecommunication Union
; and
in section
463(b), by striking Article
and inserting
Articles
.
Transmission of videotape programming
Section 111(e)(2) of title 17, United States
Code, is amended by striking or the Trust Territory of the Pacific
Islands
and inserting the Federated States of Micronesia, the
Republic of Palau, or the Republic of the Marshall Islands
.
Palau road maintenance
The Government of the Republic of Palau may deposit the payment otherwise payable to the Government of the United States under section 111 of Public Law 101–219 (48 U.S.C. 1960) into a trust fund if—
the earnings of the trust fund are expended solely for maintenance of the road system constructed pursuant to section 212 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note); and
the trust fund is established and operated pursuant to an agreement entered into between the Government of the United States and the Government of the Republic of Palau.
Clarification of tax-free status of trust funds
In the U.S.–RMI Compact, the U.S.–FSM
Compact, and their respective trust fund subsidiary agreements, for the
purposes of taxation by the United States or its subsidiary jurisdictions, the
term State means State, territory, or the District of
Columbia
.
October 18, 2007
Read the second time and placed on the calendar