II
Calendar No. 546
110th CONGRESS
1st Session
S. 2483
IN THE SENATE OF THE UNITED STATES
December 13, 2007
Mr. Bingaman introduced the following bill; which was read the first time
December 14, 2007
Read the second time and placed on the calendar
A BILL
To authorize certain programs and activities in the Forest Service, the Department of the Interior, and the Department of Energy, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the National Forests, Parks, Public
Land, and Reclamation Projects Authorization Act of
2007
.
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Forest Service authorizations
Sec. 101. Wild Sky Wilderness.
Sec. 102. Designation of national recreational trail, Willamette National Forest, Oregon, in honor of Jim Weaver, a former Member of the House of Representatives.
TITLE II—Bureau of Land Management authorizations
Sec. 201. Piedras Blancas Historic Light Station.
Sec. 202. Nevada National Guard land conveyance, Clark County, Nevada.
TITLE III—National Park Service authorizations
Subtitle A—Cooperative agreements
Sec. 301. Cooperative agreements for national park natural resource protection.
Subtitle B—Boundary adjustments
Sec. 311. Carl Sandburg Home National Historic Site boundary adjustment.
Sec. 312. Lowell National Historical Park boundary adjustment.
Sec. 313. Mesa Verde National Park Boundary expansion.
Subtitle C—Studies
Sec. 321. National Park System special resource study, Newtonia Civil War Battlefields, Missouri.
Sec. 322. National Park Service study regarding the Soldiers' Memorial Military Museum.
Sec. 323. Wolf House study.
Sec. 324. Space Shuttle Columbia study.
Sec. 325. César E. Chávez Study.
Sec. 326. Taunton, Massachusetts, special resource study.
Subtitle D—Memorials, Commissions, and Museums
Sec. 331. Commemorative work to honor Brigadier General Francis Marion and his family.
Sec. 332. Dwight D. Eisenhower Memorial Commission.
Sec. 333. Commission to Study the Potential Creation of a National Museum of the American Latino.
Sec. 334. Hudson-Fulton-Champlain Quadricentennial Commemoration Commission.
Sec. 335. Sense of Congress regarding the designation of the National Museum of Wildlife Art of the United States.
Sec. 336. Redesignation of Ellis Island Library.
Subtitle E—Trails and rivers
Sec. 341. Authorization and administration of Star-Spangled Banner National Historic Trail.
Sec. 342. Land conveyance, Lewis and Clark National Historic Trail, Nebraska.
Sec. 343. Lewis and Clark National Historic Trail extension.
Sec. 344. Wild and Scenic River designation, Eightmile River, Connecticut.
Subtitle F—Denali National Park and Alaska Railroad Exchange
Sec. 351. Denali National Park and Alaska Railroad Corporation exchange.
Subtitle G—National Underground Railroad Network to Freedom Amendments
Sec. 361. Authorizing appropriations for specific purposes.
Subtitle H—Grand Canyon subcontractors
Sec. 371. Definitions.
Sec. 372. Authorization.
TITLE IV—National Heritage Areas
Subtitle A—Journey Through Hallowed Ground National Heritage Area
Sec. 401. Purposes.
Sec. 402. Definitions.
Sec. 403. Designation of the Journey Through Hallowed Ground National Heritage Area.
Sec. 404. Management plan.
Sec. 405. Evaluation; report.
Sec. 406. Local coordinating entity.
Sec. 407. Relationship to other Federal agencies.
Sec. 408. Private property and regulatory protections.
Sec. 409. Authorization of appropriations.
Sec. 410. Use of Federal funds from other sources.
Sec. 411. Sunset for grants and other assistance.
Subtitle B—Niagara Falls National Heritage Area
Sec. 421. Purposes.
Sec. 422. Definitions.
Sec. 423. Designation of the Niagara Falls National Heritage Area.
Sec. 424. Management plan.
Sec. 425. Evaluation; report.
Sec. 426. Local coordinating entity.
Sec. 427. Niagara Falls Heritage Area Commission.
Sec. 428. Relationship to other Federal agencies.
Sec. 429. Private property and regulatory protections.
Sec. 430. Authorization of appropriations.
Sec. 431. Use of Federal funds from other sources.
Sec. 432. Sunset for grants and other assistance.
Subtitle C—Abraham Lincoln National Heritage Area
Sec. 441. Purposes.
Sec. 442. Definitions.
Sec. 443. Designation of Abraham Lincoln National Heritage Area.
Sec. 444. Management plan.
Sec. 445. Evaluation; report.
Sec. 446. Local coordinating entity.
Sec. 447. Relationship to other Federal agencies.
Sec. 448. Private property and regulatory protections.
Sec. 449. Authorization of appropriations.
Sec. 450. Use of Federal funds from other sources.
Sec. 451. Sunset for grants and other assistance.
Subtitle D—Authorization Extensions and Viability Studies
Sec. 461. Extensions of authorized appropriations.
Sec. 462. Evaluation and report.
Subtitle E—Technical Corrections and Additions
Sec. 471. National Coal Heritage Area technical corrections.
Sec. 472. Rivers of steel national heritage area addition.
Sec. 473. South Carolina National Heritage Corridor addition.
Sec. 474. Ohio and Erie Canal National Heritage Corridor technical corrections.
Sec. 475. New Jersey Coastal Heritage trail route extension of authorization.
Subtitle F—Studies
Sec. 481. Columbia-Pacific National Heritage Area study.
Sec. 482. Study of sites relating to Abraham Lincoln in Kentucky.
TITLE V—Bureau of Reclamation and United States Geological Survey authorizations
Sec. 501. Alaska water resources study.
Sec. 502. Renegotiation of payment schedule, Redwood Valley County Water District.
Sec. 503. American River Pump Station Project transfer.
Sec. 504. Arthur V. Watkins Dam enlargement.
Sec. 505. New Mexico water planning assistance.
Sec. 506. Conveyance of certain buildings and lands of the Yakima Project, Washington.
Sec. 507. Conjunctive use of surface and groundwater in Juab County, Utah.
Sec. 508. Early repayment of A & B Irrigation District construction costs.
Sec. 509. Oregon water resources.
Sec. 510. Republican River Basin feasibility study.
Sec. 511. Eastern Municipal Water District.
Sec. 512. Inland Empire and Cucamonga Valley recycling projects.
Sec. 513. Bay Area Regional Water Recycling Program.
Sec. 514. Bureau of Reclamation site security.
TITLE VI—Department of Energy authorizations
Sec. 601. Energy technology transfer.
Sec. 602. Amendments to the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988.
TITLE VII—Northern Mariana Islands
Subtitle A—Immigration, Security, and Labor
Sec. 701. Statement of congressional intent.
Sec. 702. Immigration reform for the Commonwealth.
Sec. 703. Further amendments to Public Law 94–241.
Sec. 704. Authorization of appropriations.
Sec. 705. Effective date.
Subtitle B—Northern Mariana Islands Delegate
Sec. 711. Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands.
Sec. 712. Election of Delegate.
Sec. 713. Qualifications for Office of Delegate.
Sec. 714. Determination of election procedure.
Sec. 715. Compensation, privileges, and immunities.
Sec. 716. Lack of effect on covenant.
Sec. 717. Definition.
Sec. 718. Conforming amendments regarding appointments to military service academies by Delegate from the Commonwealth of the Northern Mariana Islands.
TITLE VIII—Compacts of Free Association Amendments
Sec. 801. Approval of Agreements.
Sec. 802. Funds to facilitate Federal activities.
Sec. 803. Conforming amendment.
Sec. 804. Clarifications regarding Palau.
Sec. 805. Availability of legal services.
Sec. 806. Technical amendments.
Sec. 807. Transmission of videotape programming.
Sec. 808. Palau road maintenance.
Sec. 809. Clarification of tax-free status of trust funds.
Sec. 810. Transfer of naval vessels to certain foreign recipients.
Forest Service authorizations
Wild Sky Wilderness
Additions to the National Wilderness Preservation System
Additions
The
following Federal lands in the State of Washington are hereby designated as
wilderness and, therefore, as components of the National Wilderness
Preservation System: certain lands which comprise approximately 106,000 acres,
as generally depicted on a map entitled Wild Sky Wilderness
Proposal
and dated February 6, 2007, which shall be known as the
Wild Sky Wilderness
.
Map and Legal Descriptions
As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this section with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. The map and description shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture.
Administration provisions
In General
Subject to valid existing rights, lands designated as wilderness by this section shall be managed by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section, except that, with respect to any wilderness areas designated by this section, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act.
To fulfill the purposes of this section and the Wilderness Act and to achieve administrative efficiencies, the Secretary of Agriculture may manage the area designated by this section as a comprehensive part of the larger complex of adjacent and nearby wilderness areas.
New Trails
The Secretary of Agriculture shall consult with interested parties and shall establish a trail plan for Forest Service lands in order to develop—
a system of hiking and equestrian trails within the wilderness designated by this section in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.); and
a system of trails adjacent to or to provide access to the wilderness designated by this section.
Within 2 years after the date of enactment of this Act, the Secretary of Agriculture shall complete a report on the implementation of the trail plan required under this section. This report shall include the identification of priority trails for development.
Repeater Site
Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County telecommunications repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communications for safety, health, and emergency services.
Float Plane Access
As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel, where such use has already become established, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines to be desirable.
Evergreen Mountain Lookout
The designation under this section shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance of such lookout was occurring as of the date of enactment of this Act.
Authorization for land acquisition
In General
The Secretary of Agriculture is authorized to acquire
lands and interests therein, by purchase, donation, or exchange, and shall give
priority consideration to those lands identified as Priority Acquisition
Lands
on the map described in subsection (a)(1). The boundaries of the
Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness shall be
adjusted to encompass any lands acquired pursuant to this section.
Access
Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall ensure adequate access to private inholdings within the Wild Sky Wilderness.
Appraisal
Valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area as a result of this section.
Land exchanges
The Secretary of
Agriculture shall exchange lands and interests in lands, as generally depicted
on a map entitled Chelan County Public Utility District Exchange
and dated May 22, 2002, with the Chelan County Public Utility District in
accordance with the following provisions:
If the Chelan County Public Utility District, within 90 days after the date of enactment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres within the Mt. Baker-Snoqualmie National Forest in the State of Washington, the Secretary shall accept such lands.
Upon acceptance of title by the Secretary of Agriculture to such lands and interests therein, the Secretary of Agriculture shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing telemetry site to monitor snow pack on 1.82 acres on the Wenatchee National Forest in the State of Washington.
The exchange directed by this section shall be consummated if Chelan County Public Utility District conveys title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary.
In the event Chelan County Public Utility District determines there is no longer a need to maintain a telemetry site to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be notified in writing and the easement shall be extinguished and all rights conveyed by this exchange shall revert to the United States.
Designation of national recreational trail, Willamette National Forest, Oregon, in honor of Jim Weaver, a former Member of the House of Representatives
Designation
Forest
Service trail number 3590 in the Willamette National Forest in Lane County,
Oregon, which is a 19.6 mile trail that begins and ends at North Waldo
Campground and circumnavigates Waldo Lake, is hereby designated as a national
recreation trail under section 4 of the National Trails System Act (16 U.S.C.
1243) and shall be known as the Jim Weaver Loop Trail
.
Interpretive Sign
Using funds available for the Forest Service, the Secretary of Agriculture shall prepare, install, and maintain an appropriate sign at the trailhead of the Jim Weaver Loop Trail to indicate the name of the trail and to provide information regarding the life and career of Congressman Jim Weaver.
Bureau of Land Management authorizations
Piedras Blancas Historic Light Station
Definitions
In this section:
Light Station
The term Light Station means Piedras Blancas Light Station.
Outstanding Natural Area
The term Outstanding Natural Area means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to subsection (c).
Public lands
The term public lands has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1703(e)).
Secretary
The term Secretary means the Secretary of the Interior.
Findings
Congress finds as follows:
The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations.
The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world.
The Light Station tells an important story about California’s coastal prehistory and history in the context of the surrounding region and communities.
The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes.
The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California.
The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups.
Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interior’s Bureau of Land Management.
Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States.
Designation of the Piedras Blancas Historic Light Station Outstanding Natural Area
In General
In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area.
Maps and Legal Descriptions
The boundaries of the Outstanding Natural Area as
those shown on the map entitled Piedras Blancas Historic Light Station:
Outstanding Natural Area
, dated May 5, 2004, which shall be on file and
available for public inspection in the Office of the Director, Bureau of Land
Management, United States Department of the Interior, and the State office of
the Bureau of Land Management in the State of California.
Basis of Management
The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable laws.
Withdrawal
Subject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the public land mining laws; and
operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.
Management of the Piedras Blancas Historic Light Station Outstanding Natural Area
In general
The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements of subsection (c)(3).
Uses
Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in subsection (c)(1).
Management plan
Not later than 3 years after of the date of enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in subsection (c)(1). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the contents shall include—
provisions designed to ensure the protection of the resources and values described in subsection (c)(1);
objectives to restore the historic Light Station and ancillary buildings;
an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community;
a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in paragraph (1) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and
cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding Natural Area.
Cooperative agreements
In order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 (43 U.S.C. 1737(b)).
Research activities
In order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in subsection (c)(1) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)).
Acquisition
State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by—
donation;
exchange with a willing party; or
purchase from a willing seller.
Additions to the Outstanding Natural Area
Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Outstanding Natural Area.
Overflights
Nothing in this section or the management plan shall be construed to—
restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area;
restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or
modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary.
Law enforcement activities
Nothing in this section shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area.
Native american uses and interests
In recognition of the past use of the
Outstanding Natural Area by Indians and Indian tribes for traditional cultural
and religious purposes, the Secretary shall ensure access to the Outstanding
Natural Area by Indians and Indian tribes for such traditional cultural and
religious purposes. In implementing this subsection, the Secretary, upon the
request of an Indian tribe or Indian religious community, shall temporarily
close to the general public use of one or more specific portions of the
Outstanding Natural Area in order to protect the privacy of traditional
cultural and religious activities in such areas by the Indian tribe or Indian
religious community. Any such closure shall be made to affect the smallest
practicable area for the minimum period necessary for such purposes. Such
access shall be consistent with the purpose and intent of Public Law 95–341
(42 U.S.C. 1996 et
seq.; commonly referred to as the American Indian
Religious Freedom Act
).
No buffer zones
The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this section can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Nevada National Guard land conveyance, Clark County, Nevada
In general
Notwithstanding any other provision of law, Clark County,
Nevada, may convey, without consideration, to the Nevada Division of State
Lands for use by the Nevada National Guard approximately 51 acres of land in
Clark County, Nevada, as generally depicted on the map entitled Southern
Nevada Readiness Center Act
and dated October 4, 2005.
Limitation
If the land described in subsection (a) ceases to be used by the Nevada National Guard, the land shall revert to Clark County, Nevada, for management in accordance with the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2343).
National Park Service authorizations
Cooperative agreements
Cooperative agreements for national park natural resource protection
In General
The Secretary of the
Interior (referred to in this section as the Secretary
) may
enter into cooperative agreements with State, local, or tribal governments,
other Federal agencies, other public entities, educational institutions,
private nonprofit organizations, or participating private landowners for the
purpose of protecting natural resources of units of the National Park System
through collaborative efforts on land inside and outside of National Park
System units.
Terms and Conditions
A cooperative agreement entered into under subsection (a) shall provide clear and direct benefits to park natural resources and—
provide for—
the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands;
preventing, controlling, or eradicating invasive exotic species that are within a unit of the National Park System or adjacent to a unit of the National Park System; or
restoration of natural resources, including native wildlife habitat or ecosystems;
include a statement of purpose demonstrating how the agreement will—
enhance science-based natural resource stewardship at the unit of the National Park System; and
benefit the parties to the agreement;
specify any staff required and technical assistance to be provided by the Secretary or other parties to the agreement in support of activities inside and outside the unit of the National Park System that will—
protect natural resources of the unit of the National Park System; and
benefit the parties to the agreement;
identify any materials, supplies, or equipment and any other resources that will be contributed by the parties to the agreement or by other Federal agencies;
describe any financial assistance to be provided by the Secretary or the partners to implement the agreement;
ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to support the purposes of natural resource stewardship at a unit of the National Park System; and
include such other terms and conditions as are agreed to by the Secretary and the other parties to the agreement.
Limitations
The Secretary shall not use any funds associated with an agreement entered into under subsection (a) for the purposes of land acquisition, regulatory activity, or the development, maintenance, or operation of infrastructure, except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities identified in the agreement.
Authorization of Appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Boundary adjustments
Carl Sandburg Home National Historic Site boundary adjustment
Definitions
In this section:
Historic site
The term Historic Site means Carl Sandburg Home National Historic Site.
Map
The
term map means the map entitled Sandburg Center
Alternative
numbered 445/80,017 and dated April 2007.
Secretary
The term Secretary means the Secretary of the Interior.
Acquisition authority
The Secretary may acquire from willing sellers by donation, purchase with donated or appropriated funds, or exchange not more than 110 acres of land, water, or interests in land and water, within the area depicted on the map, to be added to the Historic Site.
Visitor center
To preserve the historic character and landscape of the site, the Secretary may also acquire up to five acres for the development of a visitor center and visitor parking area adjacent to or in the general vicinity of the Historic Site.
Boundary revision
Upon acquisition of any land or interest in land under this section, the Secretary shall revise the boundary of the Historic Site to reflect the acquisition.
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Administration
Land added to the Historic Site by this section shall be administered as part of the Historic Site in accordance with applicable laws and regulations.
Lowell National Historical Park boundary adjustment
The Act entitled An Act to provide
for the establishment of the Lowell National Historical Park in the
Commonwealth of Massachusetts, and for other purposes
approved June 5,
1978 (Public Law 95–290; 92 Stat. 290; 16 U.S.C. 410cc et seq.) is amended as
follows:
In section 101(a), by adding a new paragraph after paragraph (2) as follows:
The boundaries of
the park are modified to include five parcels of land identified on the map
entitled Boundary Adjustment, Lowell National Historical Park,
numbered 475/81,424B and dated September 2004, and as delineated in section
202(a)(2)(G).
.
In section 202(a)(2), by adding at the end the following new subparagraph:
The properties shown on the map identified in subsection (101)(a)(3) as follows:
91 Pevey Street.
The portion of 607 Middlesex Place.
Eagle Court.
The portion of 50 Payne Street.
726 Broadway.
.
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.
Studies
National Park System special resource study, Newtonia Civil War Battlefields, Missouri
Special resource study
The Secretary of the Interior shall conduct a special resource study relating to the First Battle of Newtonia in Newton County, Missouri, which occurred on September 30, 1862, and the Second Battle of Newtonia, which occurred on October 28, 1864, during the Missouri Expedition of Confederate General Sterling Price in September and October 1864.
Contents
In conducting the study under subsection (a), the Secretary shall—
evaluate the national significance of the Newtonia battlefields and their related sites;
consider the
findings and recommendations contained in the document entitled Vision
Plan for Newtonia Battlefield Preservation
and dated June 2004, which
was prepared by the Newtonia Battlefields Protection Association;
evaluate the suitability and feasibility of adding the battlefields and related sites as part of Wilson’s Creek National Battlefield or designating the battlefields and related sites as a unit of the National Park System;
analyze the potential impact that the inclusion of the battlefields and related sites as part of Wilson’s Creek National Battlefield or their designation as a unit of the National Park System is likely to have on land within or bordering the battlefields and related sites that is privately owned at the time of the study is conducted;
consider alternatives for preservation, protection, and interpretation of the battlefields and related sites by the National Park Service, other Federal, State, or local governmental entities, or private and nonprofit organizations; and
identify cost estimates for any necessary acquisition, development, interpretation, operation, and maintenance associated with the alternatives referred to in paragraph (5).
Criteria
The criteria for the study of areas for potential inclusion in the National Park System contained in section 8 of Public Law 91–383 (16 U.S.C. 1a–5) shall apply to the study under subsection (a).
Transmission to congress
Not later than three years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing—
the results of the study; and
any conclusions and recommendations of the Secretary.
National Park Service study regarding the Soldiers' Memorial Military Museum
Findings
Congress finds as follows:
The Soldiers' Memorial is a tribute to all veterans located in the greater St. Louis area, including Southern Illinois.
The current annual budget for the memorial is $185,000 and is paid for exclusively by the City of St. Louis.
In 1923, the City of St. Louis voted to spend $6,000,000 to purchase a memorial plaza and building dedicated to citizens of St. Louis who lost their lives in World War I.
The purchase of the 7 block site exhausted the funds and no money remained to construct a monument.
In 1933, Mayor Bernard F. Dickmann appealed to citizens and the city government to raise $1,000,000 to construct a memorial building and general improvement of the plaza area and the construction of Soldiers' Memorial began on October 21, 1935.
On October 14, 1936, President Franklin D. Roosevelt officially dedicated the site.
On Memorial Day in 1938, Mayor Dickmann opened the building to the public.
Study
The Secretary of the Interior shall carry out a study to determine the suitability and feasibility of designating the Soldiers' Memorial Military Museum, located at 1315 Chestnut, St. Louis, Missouri, as a unit of the National Park System.
Study process and completion
Section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)) shall apply to the conduct and completion of the study required by this section.
Report
The Secretary shall submit a report describing the results the study required by this section to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
Wolf House study
In general
The Secretary shall complete a special resource study of the Wolf House located on Highway 5 in Norfork, Arkansas, to determine—
the suitability and feasibility of designating the Wolf House as a unit of the National Park System; and
the methods and means for the protection and interpretation of the Wolf House by the National Park Service, other Federal, State, or local government entities or private or non-profit organizations.
Study requirements
The Secretary shall conduct the study in accordance with section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5).
Report
Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing—
the results of the study; and
any recommendations of the Secretary.
Space Shuttle Columbia study
Definitions
In this section:
Memorial
The term memorial
means a
memorial to the Space Shuttle Columbia that is subject to the study in
subsection (b).
Secretary
The
term Secretary
means the Secretary of the Interior, acting
through the Director of the National Park Service.
Study of suitability and feasibility of establishing memorials to the space shuttle columbia
In general
Not later than 3 years after the date on which funds are made available, the Secretary shall conduct a special resource study to determine the feasibility and suitability of establishing a memorial as a unit or units of the National Park System to the Space Shuttle Columbia on land in the State of Texas described in paragraph (2) on which large debris from the Shuttle was recovered.
Description of land
The parcels of land referred to in paragraph (1) are—
the parcel of land owned by the Fredonia Corporation, located at the southeast corner of the intersection of East Hospital Street and North Fredonia Street, Nacogdoches, Texas;
the parcel of land owned by Temple Inland Inc., 10 acres of a 61-acre tract bounded by State Highway 83 and Bayou Bend Road, Hemphill, Texas;
the parcel of land owned by the city of Lufkin, Texas, located at City Hall Park, 301 Charlton Street, Lufkin, Texas; and
the parcel of land owned by San Augustine County, Texas, located at 1109 Oaklawn Street, San Augustine, Texas.
Additional sites
The Secretary may recommend to Congress additional sites in the State of Texas relating to the Space Shuttle Columbia for establishment as memorials to the Space Shuttle Columbia.
César E. Chávez Study
In General
Not later than 3 years after the date on which funds are
made available to carry out this section, the Secretary of the Interior
(referred to in this section as the Secretary
) shall complete a
special resource study of sites in the State of Arizona, the State of
California, and other States that are significant to the life of César E.
Chávez and the farm labor movement in the western United States to
determine—
appropriate methods for preserving and interpreting the sites; and
whether any of the sites meets the criteria for listing on the National Register of Historic Places or designation as a national historic landmark under—
the Act of August 21, 1935 (16 U.S.C. 461 et seq.); or
the National Historic Preservation Act (16 U.S.C. 470 et seq.).
Requirements
In conducting the study under subsection (a), the Secretary shall—
consider the criteria for the study of areas for potential inclusion in the National Park System under section 8(b)(2) of Public Law 91–383 (16 U.S.C. 1a–5(b)(2)); and
consult with—
the César E. Chávez Foundation;
the United Farm Workers Union; and
State and local historical associations and societies, including any State historic preservation offices in the State in which the site is located.
Report
On completion of the study, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
the findings of the study; and
any recommendations of the Secretary.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Taunton, Massachusetts, special resource study
In general
The Secretary of the
Interior (referred to in this section as the Secretary
), in
consultation with the appropriate State historic preservation officers, State
historical societies, the city of Taunton, Massachusetts, and other appropriate
organizations, shall conduct a special resources study regarding the
suitability and feasibility of designating certain historic buildings and areas
in Taunton, Massachusetts, as a unit of the National Park System. The study
shall be conducted and completed in accordance with section 8(c) of Public Law
91–383 (16 U.S.C. 1a–5(c)) and shall include analysis, documentation, and
determinations regarding whether the historic areas in Taunton—
can be managed, curated, interpreted, restored, preserved, and presented as an organic whole under management by the National Park Service or under an alternative management structure;
have an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use;
reflect traditions, customs, beliefs, and historical events that are valuable parts of the national story;
provide outstanding opportunities to conserve natural, historic, cultural, architectural, or scenic features;
provide outstanding recreational and educational opportunities; and
can be managed by the National Park Service in partnership with residents, business interests, nonprofit organizations, and State and local governments to develop a unit of the National Park System consistent with State and local economic activity.
Report
Not later than 3 fiscal years after the date on which funds are first made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study required under subsection (a).
Private property
The recommendations in the report submitted pursuant to subsection (b) shall include discussion and consideration of the concerns expressed by private landowners with respect to designating certain structures referred to in this section as a unit of the National Park System.
Memorials, Commissions, and Museums
Commemorative work to honor Brigadier General Francis Marion and his family
Findings
The Congress finds the following:
Francis Marion was born in 1732 in St. John’s Parish, Berkeley County, South Carolina. He married Mary Esther Videau on April 20th, 1786. Francis and Mary Esther Marion had no children, but raised a son of a relative as their own, and gave the child Francis Marion’s name.
Brigadier General Marion commanded the Williamsburg Militia Revolutionary force in South Carolina and was instrumental in delaying the advance of British forces by leading his troops in disrupting supply lines.
Brigadier General
Marion’s tactics, which were unheard of in rules of warfare at the time,
included lightning raids on British convoys, after which he and his forces
would retreat into the swamps to avoid capture. British Lieutenant Colonel
Tarleton stated that as for this damned old swamp fox, the devil himself
could not catch him
. Thus, the legend of the Swamp Fox
was born.
His victory at the Battle of Eutaw Springs in September of 1781 was officially recognized by Congress.
Brigadier General Marion’s troops are believed to be the first racially integrated force fighting for the United States, as his band was a mix of Whites, Blacks, both free and slave, and Native Americans.
As a statesman, he represented his parish in the South Carolina senate as well as his State at the Constitutional Convention.
Although the Congress has authorized the establishment of commemorative works on Federal lands in the District of Columbia honoring such celebrated Americans as George Washington, Thomas Jefferson, and Abraham Lincoln, the National Capital has no comparable memorial to Brigadier General Francis Marion for his bravery and leadership during the Revolutionary War, without which the United States would not exist.
Brigadier General Marion’s legacy must live on. Since 1878, United States Reservation 18 has been officially referred to as Marion Park. Located between 4th and 6th Streets, S.E., at the intersection of E Street and South Carolina Avenue, S.E., in Washington, DC, the park lacks a formal commemoration to this South Carolina hero who was important to the initiation of the Nation’s heritage.
The time has come to correct this oversight so that future generations of Americans will know and understand the preeminent historical and lasting significance to the Nation of Brigadier General Marion’s contributions. Such a South Carolina hero deserves to be given the proper recognition.
Authority To establish commemorative work
The Marion Park Project, a committee of the Palmetto Conservation Foundation, may establish a commemorative work on Federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion and his service.
Compliance with standards for commemorative works
The commemorative work
authorized by subsection (b) shall be established in accordance with
chapter 89 of title 40,
United States Code (commonly known as the Commemorative Works
Act
).
Use of federal funds prohibited
Federal funds may not be used to pay any expense of the establishment of the commemorative work authorized by subsection (b). The Marion Park Project, a committee of the Palmetto Conservation Foundation, shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of that commemorative work.
Deposit of excess funds
If, upon payment of all expenses of the establishment of the commemorative work authorized by subsection (b) (including the maintenance and preservation amount provided for in section 8906(b) of title 40, United States Code), or upon expiration of the authority for the commemorative work under chapter 89 of title 40, United States Code, there remains a balance of funds received for the establishment of that commemorative work, the Marion Park Project, a committee of the Palmetto Conservation Foundation, shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(1) of such title.
Definitions
For the purposes of this section, the terms commemorative work and the District of Columbia and its environs have the meanings given to such terms in section 8902(a) of title 40, United States Code.
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 after subsection (n) 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.
.
Commission to Study the Potential Creation of a National Museum of the American Latino
Establishment of Commission
In general
There is established the Commission to Study the
Potential Creation of a National Museum of the American Latino (hereafter in
this section referred to as the Commission
).
Membership
The Commission shall consist of 23 members appointed not later than 6 months after the date of enactment of this Act as follows:
The President shall appoint 7 voting members.
The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 3 voting members.
In addition to the members appointed under subparagraph (B), the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint 1 nonvoting member.
Qualifications
Members of the Commission shall be chosen from among individuals, or representatives of institutions or entities, who possess either—
a demonstrated commitment to the research, study, or promotion of American Latino life, art, history, political or economic status, or culture, together with—
expertise in museum administration;
expertise in fundraising for nonprofit or cultural institutions;
experience in the study and teaching of Latino culture and history at the post-secondary level;
experience in studying the issue of the Smithsonian Institution’s representation of American Latino art, life, history, and culture; or
extensive experience in public or elected service; or
experience in the administration of, or the planning for the establishment of, museums devoted to the study and promotion of the role of ethnic, racial, or cultural groups in American history.
Functions of the Commission
Plan of action for establishment and maintenance of Museum
The Commission shall
submit a report to the President and the Congress containing its
recommendations with respect to a plan of action for the establishment and
maintenance of a National Museum of the American Latino in Washington, DC
(hereafter in this section referred to as the Museum
).
Fundraising plan
The Commission shall develop a fundraising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fundraising by the American Latino community.
Report on issues
The Commission shall examine (in consultation with the Secretary of the Smithsonian Institution), and submit a report to the President and the Congress on, the following issues:
The availability and cost of collections to be acquired and housed in the Museum.
The impact of the Museum on regional Hispanic- and Latino-related museums.
Possible locations for the Museum in Washington, DC and its environs, to be considered in consultation with the National Capital Planning Commission and the Commission of Fine Arts, the Department of the Interior and Smithsonian Institution.
Whether the Museum should be located within the Smithsonian Institution.
The governance and organizational structure from which the Museum should operate.
How to engage the American Latino community in the development and design of the Museum.
The cost of constructing, operating, and maintaining the Museum.
Legislation To carry out plan of action
Based on the recommendations contained in the report submitted under paragraph (1) and the report submitted under paragraph (3), the Commission shall submit for consideration to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate recommendations for a legislative plan of action to create and construct the Museum.
National conference
In carrying out its functions under this section, the Commission may convene a national conference on the Museum, comprised of individuals committed to the advancement of American Latino life, art, history, and culture, not later than 18 months after the commission members are selected.
Administrative provisions
Facilities and support of department of the interior
The Department of the Interior shall provide from funds appropriated for this purpose administrative services, facilities, and funds necessary for the performance of the Commission’s functions. These funds shall be made available prior to any meetings of the Commission.
Compensation
Each member of the Commission who is not an officer or employee of the Federal Government may receive compensation for each day on which the member is engaged in the work of the Commission, at a daily rate to be determined by the Secretary of the Interior.
Travel expenses
Each member shall be entitled to travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
Federal advisory committee act
The Commission is not subject to the provisions of the Federal Advisory Committee Act.
Deadline for submission of reports; termination
Deadline
The Commission shall submit final versions of the reports and plans required under subsection (b) not later than 24 months after the date of the Commission’s first meeting.
Termination
The Commission shall terminate not later than 30 days after submitting the final versions of reports and plans pursuant to paragraph (1).
Authorization of appropriations
There are authorized to be appropriated for carrying out the activities of the Commission $2,100,000 for the first fiscal year beginning after the date of enactment of this Act and $1,100,000 for the second fiscal year beginning after the date of enactment of this Act.
Hudson-Fulton-Champlain Quadricentennial Commemoration Commission
Coordination
Each commission established under this section shall coordinate with the other respective commission established under this section to ensure that commemorations of Henry Hudson, Robert Fulton, and Samuel de Champlain are—
consistent with the plans and programs of the commemorative commissions established by the States of New York and Vermont; and
well-organized and successful.
Definitions
In this section:
Champlain commemoration
The term Champlain commemoration means the commemoration of the 400th anniversary of the voyage of Samuel de Champlain.
Champlain Commission
The term Champlain Commission means the Champlain Quadricentennial Commemoration Commission established by subsection (c)(1).
Commission
The term Commission means each of the Champlain Commission and the Hudson-Fulton Commission.
Hudson-Fulton commemoration
The term Hudson-Fulton commemoration means the commemoration of—
the 200th anniversary of the voyage of Robert Fulton in the Clermont; and
the 400th anniversary of the voyage of Henry Hudson in the Half Moon.
Hudson-Fulton commission
The term Hudson-Fulton Commission means the Hudson-Fulton 400th Commemoration Commission established by subsection (d)(1).
Lake Champlain Basin Program
The term Lake Champlain Basin
Program means the partnership established by section 120 of the Federal
Water Pollution Control Act (33 U.S.C. 1270) between the States of New York and
Vermont and Federal agencies to carry out the Lake Champlain management plan
entitled, Opportunities for Action: An Evolving Plan for the Lake
Champlain Basin
.
Secretary
The term Secretary means the Secretary of the Interior.
Establishment of Champlain Commission
In general
There is established a commission to be known as the
Champlain Quadricentennial Commemoration Commission
.
Membership
Composition
The Champlain Commission shall be composed of 10 members, of whom—
1 member shall be the Director of the National Park Service (or a designee);
4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—
serving as members of the Hudson-Fulton-Champlain Quadricentennial Commission of the State of New York; and
residents of Champlain Valley, New York;
4 members shall be appointed by the Secretary from among individuals who, on the date of enactment of this Act, are—
serving as members of the Lake Champlain Quadricentennial Commission of the State of Vermont; and
residents of the State of Vermont; and
1 member shall be appointed by the Secretary, and shall be an individual who has—
an interest in, support for, and expertise appropriate with respect to, the Champlain commemoration; and
knowledge relating to the history of the Champlain Valley.
Term; vacancies
Term
A member of the Champlain Commission shall be appointed for the life of the Champlain Commission.
Vacancies
A vacancy on the Champlain Commission shall be filled in the same manner in which the original appointment was made.
Duties
The Champlain Commission shall—
plan, develop, and execute programs and activities appropriate to commemorate the 400th anniversary of the voyage of Samuel de Champlain, the first European to discover and explore Lake Champlain;
facilitate activities relating to the Champlain Quadricentennial throughout the United States;
coordinate the activities of the Champlain Commission with—
State commemoration commissions;
appropriate Federal agencies;
the Lake Champlain Basin Program;
the National Endowment for the Arts; and
the Smithsonian Institution;
encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyage of Samuel de Champlain;
provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration;
coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyage of Samuel de Champlain;
ensure that the Champlain 2009 anniversary provides a lasting legacy and a long-term public benefit by assisting in the development of appropriate programs and facilities;
help ensure that the observances of the voyage of Samuel de Champlain are inclusive and appropriately recognize the experiences and heritage of all people present when Samuel de Champlain arrived in the Champlain Valley; and
consult and coordinate with the Lake Champlain Basin Program and other relevant organizations to plan and develop programs and activities to commemorate the voyage of Samuel de Champlain.
Establishment of Hudson-Fulton Commission
Establishment
There
is established a commission to be known as the Hudson-Fulton 400th
Commemoration Commission
.
Membership
Composition
The Hudson-Fulton Commission shall be composed of 15 members, of whom—
1 member shall be the Director of the National Park Service (or a designee);
1 member shall be appointed by the Secretary, after considering the recommendation of the Governor of the State of New York;
6 members shall be appointed by the Secretary, after considering the recommendations of the Members of the House of Representatives whose districts encompass the Hudson River Valley;
2 members shall be appointed by the Secretary, after considering the recommendations of the Members of the Senate from the State of New York;
2 members shall be—
appointed by the Secretary; and
individuals who have an interest in, support for, and expertise appropriate with respect to, the Hudson-Fulton commemoration, of whom—
1 member shall be an individual with expertise in the Hudson River Valley National Heritage Area; and
1 member shall be an individual with expertise in the State of New York, as it relates to the Hudson-Fulton commemoration;
1 member shall be the Chairperson of a commemorative commission formed by the State of New York (or the designee of the Chairperson); and
2 members shall be appointed by the Secretary, after—
considering the recommendation of the Mayor of the city of New York; and
consulting the Members of the House of Representatives whose districts encompass the city of New York.
Term; vacancies
Term
A member of the Hudson-Fulton Commission shall be appointed for the life of the Hudson-Fulton Commission.
Vacancies
A vacancy on the Hudson-Fulton Commission shall be filled in the same manner in which the original appointment was made.
Duties
The Hudson-Fulton Commission shall—
plan, develop, and execute programs and activities appropriate to commemorate—
the 400th anniversary of the voyage of Henry Hudson, the first European to sail up the Hudson River; and
the 200th anniversary of the voyage of Robert Fulton, the first person to use steam navigation on a commercial basis;
facilitate activities relating to the Hudson-Fulton-Champlain Quadricentennial throughout the United States;
coordinate the activities of the Hudson-Fulton Commission with—
State commemoration commissions;
appropriate Federal agencies;
the National Park Service, with respect to the Hudson River Valley National Heritage Area;
the American Heritage Rivers Initiative Interagency Committee established by Executive Order 13061, dated September 11, 1997;
the National Endowment for the Humanities;
the National Endowment for the Arts; and
the Smithsonian Institution;
encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand the understanding and appreciation of the significance of the voyages of Henry Hudson and Robert Fulton;
provide technical assistance to States, localities, and nonprofit organizations to further the Hudson-Fulton commemoration;
coordinate and facilitate for the public scholarly research on, publication about, and interpretation of, the voyages of Henry Hudson and Robert Fulton;
ensure that the Hudson-Fulton 2009 commemorations provide a lasting legacy and long-term public benefit by assisting in the development of appropriate programs and facilities; and
help ensure that the observances of Henry Hudson are inclusive and appropriately recognize the experiences and heritage of all people present when Henry Hudson sailed the Hudson River.
Commission meetings
Initial meeting
Not later than 30 days after the date on which all members of a commission established under this section have been appointed, the applicable Commission shall hold an initial meeting.
Meetings
A commission established under this section shall meet—
at least twice each year; or
at the call of the Chairperson or the majority of the members of the Commission.
Quorum
A majority of voting members shall constitute a quorum, but a lesser number may hold meetings.
Chairperson and vice chairperson
Election
The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis.
Absence of the chairperson
The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.
Voting
A commission established under this section shall act only on an affirmative vote of a majority of the voting members of the applicable Commission.
Commission powers
Gifts
The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission.
Appointment of advisory committees
The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this section.
Authorization of action
The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this section.
Procurement
In general
The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this section (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission).
Limitation
The Commission may not purchase real property.
Postal Services
The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.
Grants
Champlain Commission
The Champlain Commission may make grants in amounts not to exceed $20,000—
to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Champlain commemoration; and
to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyage of Samuel de Champlain.
Hudson-Fulton Commission
The Hudson-Fulton Commission may make grants in amounts not to exceed $20,000—
to communities, nonprofit organizations, and State commemorative commissions to develop programs to assist in the Hudson-Fulton commemoration; and
to research and scholarly organizations to research, publish, or distribute information relating to the early history of the voyages of Henry Hudson and Robert Fulton.
Technical assistance
The Commission shall provide technical assistance to States, localities, and nonprofit organizations to further the Champlain commemoration and Hudson-Fulton commemoration, as applicable.
Coordination and consultation with Lake Champlain Basin Program
The Champlain Commission shall coordinate and consult with the Lake Champlain Basin Program to provide grants and technical assistance under paragraphs (6)(A) and (7) for the development of activities commemorating the voyage of Samuel de Champlain.
Commission personnel matters
Compensation of members
In general
Except as provided in subparagraph (B), a member of the Commission shall serve without compensation.
Federal employees
A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.
Travel expenses
A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.
Staff
The Commission may, without regard to the civil service laws (including regulations), appoint and terminate an Executive Director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission.
Compensation
In general
Except as provided in subparagraph (B), the Commission may fix the compensation of the Executive Director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.
Maximum rate of pay
The rate of pay for the Executive Director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
Detail of government employees
Federal employees
In general
At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section.
Civil service status
The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege.
State employees
The Commission may—
accept the services of personnel detailed from the State of New York or the State of Vermont, as appropriate (including subdivisions of the States); and
reimburse the State of New York or the State of Vermont for services of detailed personnel.
Lake Champlain Basin Program employees
The Champlain Commission may—
accept the services of personnel detailed from the Lake Champlain Basin Program; and
reimburse the Lake Champlain Basin Program for services of detailed personnel.
Procurement of temporary and intermittent services
The Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
Volunteer and uncompensated services
Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.
Support services
The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.
FACA nonapplicability
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
Reports
Not later than September 30, 2010, the Commission shall submit to the Secretary a report that contains—
a summary of the activities of the Commission;
a final accounting of funds received and expended by the Commission; and
the findings and recommendations of the Commission.
Termination of Commissions
Date of termination
The Commission shall terminate on December 31, 2010.
Transfer of documents and materials
Before the date of termination specified in paragraph (1), the Commission shall transfer all of its documents and materials of the Commission to the National Archives or another appropriate Federal entity.
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this section for each of fiscal years 2008 through 2011—
$500,000 to the Champlain Commission; and
$500,000 to the Hudson-Fulton Commission.
Availability
Amounts made available under paragraph (1) shall remain available until expended.
Sense of Congress regarding the designation of the National Museum of Wildlife Art of the United States
Findings
Congress finds that—
the National Museum of Wildlife Art in Jackson, Wyoming, is devoted to inspiring global recognition of fine art related to nature and wildlife;
the National Museum of Wildlife Art is an excellent example of a thematic museum that strives to unify the humanities and sciences into a coherent body of knowledge through art;
the National Museum of Wildlife Art, which was founded in 1987 with a private gift of a collection of art, has grown in stature and importance and is recognized today as the world’s premier museum of wildlife art;
the National Museum of Wildlife Art is the only public museum in the United States with the mission of enriching and inspiring public appreciation and knowledge of fine art, while exploring the relationship between humanity and nature by collecting fine art focused on wildlife;
the National Museum of Wildlife Art is housed in an architecturally significant and award-winning 51,000-square foot facility that overlooks the 28,000-acre National Elk Refuge and is adjacent to the Grand Teton National Park;
the National Museum of Wildlife Art is accredited with the American Association of Museums, continues to grow in national recognition and importance with members from every State, and has a Board of Trustees and a National Advisory Board composed of major benefactors and leaders in the arts and sciences from throughout the United States;
the permanent collection of the National Museum of Wildlife Art has grown to more than 3,000 works by important historic American artists including Edward Hicks, Anna Hyatt Huntington, Charles M. Russell, William Merritt Chase, and Alexander Calder, and contemporary American artists, including Steve Kestrel, Bart Walter, Nancy Howe, John Nieto, and Jamie Wyeth;
the National Museum of Wildlife Art is a destination attraction in the Western United States with annual attendance of 92,000 visitors from all over the world and an award-winning website that receives more than 10,000 visits per week;
the National Museum of Wildlife Art seeks to educate a diverse audience through collecting fine art focused on wildlife, presenting exceptional exhibitions, providing community, regional, national, and international outreach, and presenting extensive educational programming for adults and children; and
a great opportunity exists to use the invaluable resources of the National Museum of Wildlife Art to teach the schoolchildren of the United States, through onsite visits, traveling exhibits, classroom curriculum, online distance learning, and other educational initiatives.
Sense of congress
It is the sense of Congress that the National Museum of
Wildlife Art, located at 2820 Rungius Road, Jackson, Wyoming, should be
designated as the National Museum of Wildlife Art of the United
States
.
Redesignation of Ellis Island Library
Redesignation
The Ellis Island Library on the third floor
of the Ellis Island Immigration Museum, located on Ellis Island in New York
Harbor, shall be known and redesignated as the Bob Hope Memorial
Library
.
References
Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Ellis Island
Library on the third floor of the Ellis Island Immigration Museum referred to
in subsection (a) shall be deemed to be a reference to the Bob Hope
Memorial Library
.
Trails and rivers
Authorization and administration of Star-Spangled Banner National Historic Trail
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:
Star-spangled banner national historic trail
In general
The Star-Spangled
Banner National Historic Trail, a trail consisting of water and overland routes
totaling approximately 290 miles, extending from Tangier Island, Virginia,
through southern Maryland, the District of Columbia, and northern Virginia, in
the Chesapeake Bay, Patuxent River, Potomac River, and north to the Patapsco
River, and Baltimore, Maryland, commemorating the Chesapeake Campaign of the
War of 1812 (including the British invasion of Washington, District of
Columbia, and its associated feints, and the Battle of Baltimore in summer
1814), as generally depicted on the map titled Star-Spangled Banner
National Historic Trail
, numbered T02/80,000, and dated June
2007.
Map
The map referred to in subparagraph (A) shall be maintained on file and available for public inspection in the appropriate offices of the National Park Service.
Administration
Subject to subparagraph (E)(ii), the trail shall be administered by the Secretary of the Interior.
Land acquisition
No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the United States for the trail except with the consent of the owner of the land or interest in land.
Public participation
The Secretary of the Interior shall—
encourage communities, owners of land along the trail, and volunteer trail groups to participate in the planning, development, and maintenance of the trail; and
consult with other affected landowners and Federal, State, and local agencies in the administration of the trail.
Interpretation and assistance
Subject to the availability of appropriations, the Secretary of the Interior may provide, to State and local governments and nonprofit organizations, interpretive programs and services and technical assistance for use in—
carrying out preservation and development of the trail; and
providing education relating to the War of 1812 along the trail.
.
Land conveyance, Lewis and Clark National Historic Trail, Nebraska
Conveyance authorized
The Secretary of
the Interior may convey, without consideration, to the Missouri River Basin
Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. (a
501(c)(3) not-for-profit organization with operational headquarters at 100
Valmont Drive, Nebraska City, Nebraska 68410), all right, title, and interest
of the United States in and to the federally owned land under jurisdiction of
the Secretary consisting of 2 parcels as generally depicted on the map titled
Lewis and Clark National Historic Trail
, numbered 648/80,002,
and dated March 2006.
Survey; conveyance cost
The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey and all other costs incurred by the Secretary to convey the land shall be borne by the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc.
Condition of conveyance, use of conveyed land
The conveyance authorized under subsection (a) shall be subject to the condition that the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. use the conveyed land as an historic site and interpretive center for the Lewis and Clark National Historic Trail.
Discontinuance of use
If Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. determines to discontinue use of the land conveyed under subsection (a) as an historic site and interpretive center for the Lewis and Clark National Historic Trail, the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. shall convey lands back to the Secretary without consideration.
Additional terms and conditions
The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) or the conveyance, if any, under subsection (d) as the Secretary considers appropriate to protect the interests of the United States. Through a written agreement with the Foundation, the National Park Service shall ensure that the operation of the land conveyed under subsection (a) is in accordance with National Park Service standards for preservation, maintenance, and interpretation.
Authorization of Appropriations
To assist with the operation of the historic site and interpretive center, there is authorized to be appropriated $150,000 per year for a period not to exceed 10 years.
Lewis and Clark National Historic Trail extension
Definitions
In this section:
Eastern legacy sites
The term Eastern Legacy sites means the sites
associated with the preparation or return phases of the Lewis and Clark
expedition, commonly known as the Eastern Legacy
, including
sites in Virginia, the District of Columbia, Maryland, Delaware, Pennsylvania,
West Virginia, Ohio, Kentucky, Tennessee, Indiana, Missouri, and Illinois. This
includes the routes followed by Meriwether Lewis and William Clark, whether
independently or together.
Trail
The term Trail means the Lewis and Clark National Historic Trail designated by section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)).
Special resource study
In general
The Secretary shall complete a special resource study of the Eastern Legacy sites to determine—
the suitability and feasibility of adding these sites to the Trail; and
the methods and means for the protection and interpretation of these sites by the National Park Service, other Federal, State, or local government entities or private or non-profit organizations.
Study requirements
The Secretary shall conduct the study in accordance with section 5(b) of the National Trails System Act (16 U.S.C. 1244(b)).
Report
Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing—
the results of the study; and
any recommendations of the Secretary.
Wild and Scenic River designation, Eightmile River, Connecticut
Findings
Congress finds the following:
The Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107–65; 115 Stat. 484) authorized the study of the Eightmile River in the State of Connecticut from its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and Scenic Rivers System.
The segments of the Eightmile River covered by the study are in a free-flowing condition, and the outstanding resource values of the river segments include the cultural landscape, water quality, watershed hydrology, unique species and natural communities, geology, and watershed ecosystem.
The Eightmile River Wild and Scenic Study Committee has determined that—
the outstanding resource values of these river segments depend on sustaining the integrity and quality of the Eightmile River watershed;
these resource values are manifest within the entire watershed; and
the watershed as a whole, including its protection, is itself intrinsically important to this designation.
The Eightmile River Wild and Scenic Study Committee took a watershed approach in studying and recommending management options for the river segments and the Eightmile River watershed as a whole.
During the study, the Eightmile River Wild
and Scenic Study Committee, with assistance from the National Park Service,
prepared a comprehensive management plan for the Eightmile River watershed,
dated December 8, 2005 (in this section referred to as the Eightmile
River Watershed Management Plan
), which establishes objectives,
standards, and action programs that will ensure long-term protection of the
outstanding values of the river and compatible management of the land and water
resources of the Eightmile River and its watershed, without Federal management
of affected lands not owned by the United States.
The Eightmile River Wild and Scenic Study Committee voted in favor of inclusion of the Eightmile River in the National Wild and Scenic Rivers System and included this recommendation as an integral part of the Eightmile River Watershed Management Plan.
The residents of the towns lying along the Eightmile River and comprising most of its watershed (Salem, East Haddam, and Lyme, Connecticut), as well as the Boards of Selectmen and Land Use Commissions of these towns, voted to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System.
The State of Connecticut General Assembly enacted Public Act 05–18 to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System.
Designation
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—
by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169);
by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167);
by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and
by adding at the end the following:
Eightmile River, Connecticut
Segments of the main stem and specified tributaries of the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior as follows:
The entire 10.8-mile segment of the main stem, starting at its confluence with Lake Hayward Brook to its confluence with the Connecticut River at the mouth of Hamburg Cove, as a scenic river.
The 8.0-mile segment of the East Branch of the Eightmile River starting at Witch Meadow Road to its confluence with the main stem of the Eightmile River, as a scenic river.
The 3.9-mile segment of Harris Brook starting with the confluence of an unnamed stream lying 0.74 miles due east of the intersection of Hartford Road (State Route 85) and Round Hill Road to its confluence with the East Branch of the Eightmile River, as a scenic river.
The 1.9-mile segment of Beaver Brook starting at its confluence with Cedar Pond Brook to its confluence with the main stem of the Eightmile River, as a scenic river.
The 0.7-mile segment of Falls Brook from its confluence with Tisdale Brook to its confluence with the main stem of the Eightmile River at Hamburg Cove, as a scenic river.
.
Management
The segments of the main stem and certain
tributaries of the Eightmile River in the State of Connecticut designated as
components of the National Wild and Scenic Rivers System by the amendment made
by subsection (b) (in this section referred to as the Eightmile
River
) shall be managed in accordance with the Eightmile River
Watershed Management Plan and such amendments to the plan as the Secretary of
the Interior determines are consistent with this section. The Eightmile River
Watershed Management Plan is deemed to satisfy the requirements for a
comprehensive management plan required by section 3(d) of the Wild and Scenic
Rivers Act (16
U.S.C. 1274(d)).
Committee
The Secretary of the Interior shall coordinate the management responsibilities of the Secretary with regard to the Eightmile River with the Eightmile River Coordinating Committee, as specified in the Eightmile River Watershed Management Plan.
Cooperative agreements
In order to provide for the long-term protection, preservation, and enhancement of the Eightmile River, the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Connecticut, the towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate local planning and environmental organizations. All cooperative agreements authorized by this subsection shall be consistent with the Eightmile River Watershed Management Plan and may include provisions for financial or other assistance from the United States.
Relation to national park system
Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Eightmile River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System.
Land management
The zoning ordinances adopted by the towns of Salem,
East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005, including
provisions for conservation of floodplains, wetlands, and watercourses
associated with the segments, are deemed to satisfy the standards and
requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277
(c)). For the purpose of section 6(c) of that Act, such towns shall be deemed
villages
and the provisions of that section, which prohibit
Federal acquisition of lands by condemnation, shall apply to the segments
designated by subsection (b). The authority of the Secretary to acquire lands
for the purposes of this section shall be limited to acquisition by donation or
acquisition with the consent of the owner thereof, and shall be subject to the
additional criteria set forth in the Eightmile River Watershed Management
Plan.
Watershed approach
In general
In furtherance of the watershed approach to resource preservation and enhancement articulated in the Eightmile River Watershed Management Plan, the tributaries of the Eightmile River watershed specified in paragraph (2) are recognized as integral to the protection and enhancement of the Eightmile River and its watershed.
Covered tributaries
Paragraph (1) applies with respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch Meadow Brook, and all other perennial streams within the Eightmile River watershed.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section and the amendment made by subsection (b).
Denali National Park and Alaska Railroad Exchange
Denali National Park and Alaska Railroad Corporation exchange
Definitions
In this section:
Corporation
The
term Corporation
means the Alaska Railroad Corporation owned by
the State of Alaska.
Secretary
The
term Secretary
means the Secretary of the Interior.
Exchange
In general
Easement expanded
The Secretary is authorized to grant to the Alaska Railroad Corporation an exclusive-use easement on land that is identified by the Secretary within Denali National Park for the purpose of providing a location to the Corporation for construction, maintenance, and on-going operation of track and associated support facilities for turning railroad trains around near Denali Park Station.
Easement relinquished
In exchange for the easement granted in subparagraph (A), the Secretary shall require the relinquishment of certain portions of the Corporation’s existing exclusive use easement within the boundary of Denali National Park.
Conditions of the exchange
Equal exchange
The exchange of easements under this section shall be on an approximately equal-acre basis.
Total acres
The easement granted under paragraph (1)(A) shall not exceed 25 acres.
Interests conveyed
The easement conveyed to the Alaska Railroad Corporation by the Secretary under this section shall be under the same terms as the exclusive use easement granted to the Railroad in Denali National Park in the Deed for Exclusive Use Easement and Railroad Related Improvements filed in Book 33, pages 985–994 of the Nenana Recording District, Alaska, pursuant to the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et seq.). The easement relinquished by the Alaska Railroad Corporation to the United States under this section shall, with respect to the portion being exchanged, be the full title and interest received by the Alaska Railroad in the Deed for Exclusive Use Easement and Railroad Related Improvements filed in Book 33, pages 985–994 of the Nenana Recording District, Alaska, pursuant to the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1201 et seq.).
Costs
The Alaska Railroad shall pay all costs associated with the exchange under this section, including the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the costs of any surveys, and other reasonable costs.
Land to be part of wilderness
The land underlying any easement relinquished to the United States under this section that is adjacent to designated wilderness is hereby designated as wilderness and added to the Denali Wilderness, the boundaries of which are modified accordingly, and shall be managed in accordance with applicable provisions of the Wilderness Act (78 Stat. 892) and the Alaska National Interest Lands Conservation Act of 1980 (94 Stat. 2371).
Other terms and conditions
The Secretary shall require any additional terms and conditions under this section that the Secretary determines to be appropriate to protect the interests of the United States and of Denali National Park.
National Underground Railroad Network to Freedom Amendments
Authorizing appropriations for specific purposes
In general
The National Underground Railroad Network to Freedom Act of 1998 (16 U.S.C. 469l et seq.) is amended—
by striking section 3(d);
by striking section 4(d); and
by adding at the end the following:
Authorization of appropriations
Amounts
There are authorized to be appropriated to carry out this Act $2,500,000 for each fiscal year, to be allocated as follows:
$2,000,000 is to be used for the purposes of section 3.
$500,000 is to be used for the purposes of section 4.
Restrictions
No amounts may be appropriated for the purposes of this Act except to the Secretary for carrying out the responsibilities of the Secretary as set forth in this Act.
.
Effective Date
The amendments made by subsection (a) shall take effect at the beginning of the fiscal year immediately following the date of the enactment of this Act.
Grand Canyon subcontractors
Definitions
In this subtitle:
IDIQ
The term IDIQ means an Indefinite Deliver/Indefinite Quantity contract.
Park
The term park means Grand Canyon National Park.
PGI
The term PGI means Pacific General, Inc.
Secretary
The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service.
Authorization
The Secretary is authorized, subject to the appropriation of such funds as may be necessary, to pay the amount owed to the subcontractors of PGI for work performed at the park under an IDIQ with PGI between fiscal years 2002 and 2003, provided that—
the primary contract between PGI and the National Park Service is terminated;
the amount owed to the subcontractors is verified;
all reasonable legal avenues or recourse have been exhausted by the subcontractors to recoup amounts owed directly from PGI; and
the subcontractors provide a written statement that payment of the amount verified in paragraph (2) represents payment in full by the United States for all work performed at the park under the IDIQ with PGI between fiscal years 2002 and 2003.
National Heritage Areas
Journey Through Hallowed Ground National Heritage Area
Purposes
The purposes of this subtitle include—
to recognize the national importance of the
natural and cultural legacies of the area, as demonstrated in the study
entitled The Journey Through Hallowed Ground National Heritage Area
Feasibility Study
dated September 2006;
to preserve, support, conserve, and interpret the legacy of the American history created along the National Heritage Area;
to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;
to recognize and interpret important events and geographic locations representing key developments in the creation of America, including Native American, Colonial American, European American, and African American heritage;
to recognize and interpret the effect of the Civil War on the civilian population of the National Heritage Area during the war and post-war reconstruction period;
to enhance a cooperative management framework to assist the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the State of West Virginia, and their units of local government, the private sector, and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the significant historic, cultural and recreational sites in the National Heritage Area; and
to provide appropriate linkages among units of the National Park System within and surrounding the National Heritage Area, to protect, enhance, and interpret resources outside of park boundaries.
Definitions
In this subtitle—
National heritage area
The term National Heritage Area means the Journey Through Hallowed Ground National Heritage Area established in this subtitle.
Local coordinating entity
The term local coordinating entity means the Journey Through Hallowed Ground Partnership, a Virginia non-profit, which is hereby designated by Congress—
to develop, in partnership with others, the management plan for the 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 the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.
Secretary
The term Secretary means the Secretary of the Interior.
Designation of the 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 from Adams County, Pennsylvania, through Frederick County, Maryland, including the Heart of the Civil War Maryland State Heritage Area, looping through Brunswick, Maryland, to Harpers Ferry, West Virginia, back through Loudoun County, Virginia, to the Route 15 corridor and surrounding areas encompassing portions of Loudoun and Prince William Counties, Virginia, then Fauquier County, Virginia, portions of Spotsylvania and Madison Counties, Virginia, and Culpepper, Rappahannock, Orange, and Albemarle Counties, Virginia.
Map
The
boundaries of the National Heritage Area shall include all of those lands and
interests as generally depicted on the map titled Journey Through
Hallowed Ground National Heritage Area
, numbered P90/80,000, and dated
October 2006. The map shall be on file and available to the public in the
appropriate offices of the National Park Service and the local coordinating
entity.
Management plan
Requirements
The management plan for the 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 Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;
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 Federal, State, Tribal, or local government agency, organization, business, or individual;
include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and
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 paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.
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 paragraph (3).
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 Federal, State, Tribal, and local 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 Federal, State, Tribal, and local 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, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and
the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.
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 subtitle to implement an amendment to the management plan until the Secretary approves the amendment.
Authorities
The Secretary may—
provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and
enter into cooperative agreements with interested parties to carry out this subtitle.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall—
conduct an evaluation of the accomplishments of the National Heritage Area; and
prepare a report in accordance with subsection (c).
Evaluation
An evaluation conducted under subsection (a)(1) 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, Tribal, local, and private investments in the National Heritage Area to determine the 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
Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.
Local coordinating entity
Duties
To further the purposes of the National Heritage Area, the Journey Through Hallowed Ground Partnership, as 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 this subtitle;
submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, 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 subtitle, 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 subtitle 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 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 subtitle to acquire any interest in real property.
Relationship to other Federal agencies
In general
Nothing in this subtitle 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 subtitle—
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 subtitle—
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, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads) of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy or water or water-related infrastructure;
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.
Authorization of appropriations
Authorization of Appropriations
Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.
Limitation on Total Amounts Appropriated
Not more than $15,000,000 may be appropriated to carry out this subtitle.
Cost-Sharing Requirement
The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
Use of Federal funds from other sources
Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.
Sunset for grants and other assistance
The authority of the Secretary to provide financial assistance under this subtitle terminates on the date that is 15 years after the date of enactment of this subtitle.
Niagara Falls National Heritage Area
Purposes
The purposes of this subtitle include—
to recognize the national importance of the
natural and cultural legacies of the area, as demonstrated in the National Park
Service study report entitled Niagara National Heritage Area
Study
dated 2005;
to preserve, support, conserve, and interpret the natural, scenic, cultural, and historic resources within the National Heritage Area;
to promote heritage, cultural, and recreational tourism and to develop educational and cultural programs for visitors and the general public;
to recognize and interpret important events and geographic locations representing key developments in American history and culture, including Native American, Colonial American, European American, and African American heritage;
to enhance a cooperative management framework to assist State, local, and Tribal governments, the private sector, and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the significant historic, cultural, and recreational sites in the National Heritage Area;
to conserve and interpret the history of the development of hydroelectric power in the United States and its role in developing the American economy; and
to provide appropriate linkages among units of the National Park System within and surrounding the National Heritage Area, to protect, enhance, and interpret resources outside of park boundaries.
Definitions
In this subtitle:
Commission
The term Commission means the Niagara Falls National Heritage Area Commission established under this subtitle.
Governor
The term Governor means the Governor of the State of New York.
Local coordinating entity
The term local coordinating entity means the local coordinating entity for the National Heritage Area designated pursuant to this subtitle.
Management plan
The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.
National heritage area
The term National Heritage Area means the Niagara Falls National Heritage Area established in this subtitle.
Secretary
The term Secretary means the Secretary of the Interior.
Designation of the Niagara Falls National Heritage Area
Establishment
There is hereby established the Niagara Falls National Heritage Area.
Boundaries
In general
The National Heritage Area shall consist of the area from the western boundary of the town of Wheatfield, New York, extending to the mouth of the Niagara River on Lake Ontario, including the city of Niagara Falls, New York, the villages of Youngstown and Lewiston, New York, land and water within the boundaries of the Heritage Area in Niagara County, New York, and any additional thematically related sites within Erie and Niagara Counties, New York, that are identified in the management plan developed under this subtitle.
Map
The
boundaries of the National Heritage Area shall be as generally depicted on the
map titled Niagara Falls National Heritage Area,
and numbered
P76/80,000 and dated July, 2006. The map shall be on file and available to the
public in the appropriate offices of the National Park Service and the local
coordinating entity.
Management plan
Requirements
The management plan for the 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 Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;
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 Federal, State, Tribal, or local government agency, organization, business, or individual;
include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and
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 paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.
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 paragraph (3).
Consultation
The Secretary shall consult with the Governor 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 Federal, State, Tribal, and local 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 Federal, State, Tribal, and local 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, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and
the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.
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 subtitle to implement an amendment to the management plan until the Secretary approves the amendment.
Authorities
The Secretary may—
provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and
enter into cooperative agreements with interested parties to carry out this subtitle.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle the Secretary shall—
conduct an evaluation of the accomplishments of the National Heritage Area; and
prepare a report in accordance with subsection (c).
Evaluation
An evaluation conducted under subsection (a)(1) 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, Tribal, and local, and private investments in the National Heritage Area to determine the 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
Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.
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 subtitle, the Commission; and
on expiration of the 5-year period described in paragraph (1), a private nonprofit or governmental organization designated by the Commission.
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 this subtitle;
submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, 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 subtitle, all information pertaining to the expenditure of the funds and any matching funds;
encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area; and
coordinate projects, activities, and programs with the Erie Canalway National Heritage Corridor.
Authorities
For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this subtitle to—
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 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 subtitle to acquire any interest in real property.
Niagara Falls 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 consideration of 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 subparagraph (A);
1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of Niagara Falls, New York;
1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of the village of Youngstown, New York;
1 member shall be appointed by the Secretary, after consideration of the recommendation of the mayor of the village of Lewiston, New York;
1 member shall be appointed by the Secretary, after consideration of the recommendation of the Tuscarora Nation;
1 member shall be appointed by the Secretary, after consideration of the recommendation of the Seneca Nation of Indians; and
6 members shall be individuals who have an interest in, support for, and expertise appropriate to tourism, regional planning, history and historic preservation, cultural or natural resource management, conservation, recreation, and education, or museum services, of whom—
4 members shall be appointed by the Secretary, after consideration of the recommendation of the 2 members of the Senate from the State; and
2 members shall be appointed by the Secretary, after consideration of the recommendation of the Member of the House of Representatives whose district encompasses the National Heritage Area.
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 National Heritage Area.
Applicable law
Meetings of the Commission shall be subject to section 552b of title 5, United States Code.
Authorities of the Commission
In addition to the authorities otherwise granted in this subtitle, the Commission may—
request and accept from the head of any Federal agency, on a reimbursable or non-reimbursable basis, any personnel of the Federal agency to the Commission to assist in carrying out the duties of the Commission;
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;
seek, accept, and dispose of gifts, bequests, grants, or donations of money, personal property, or services; and
use the United States mails in the same manner as other agencies of the Federal Government.
Duties of the Commission
To further the purposes of the National Heritage Area, in addition to the duties otherwise listed in this subtitle, the Commission shall assist in the transition of the management of the National Heritage Area from the Commission to the local coordinating entity designated under this subtitle.
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 subsection (g)(1), the Commission may not use Federal funds made available to the Commission under this subtitle to acquire any real property or interest in real property.
Relationship to other Federal agencies
In general
Nothing in this subtitle 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 subtitle—
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 subtitle—
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, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;
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.
Authorization of appropriations
Authorization of Appropriations
Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.
Limitation on Total Amounts Appropriated
Not more than $15,000,000 may be appropriated to carry out this subtitle.
Cost-Sharing Requirement
The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
Use of Federal funds from other sources
Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.
Sunset for grants and other assistance
The authority of the Secretary to provide financial assistance under this subtitle terminates on the date that is 15 years after the date of enactment of this Act.
Abraham Lincoln National Heritage Area
Purposes
The purposes of this subtitle include—
to recognize the
significant natural and cultural legacies of the area, as demonstrated in the
study entitled Feasibility Study of the Proposed Abraham Lincoln
National Heritage Area
prepared for the Looking for Lincoln Heritage
Coalition in 2002 and revised in 2007;
to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public;
to recognize and interpret important events and geographic locations representing key periods in the growth of America, including Native American, Colonial American, European American, and African American heritage;
to recognize and interpret the distinctive role the region played in shaping the man who would become the 16th President of the United States, and how Abraham Lincoln’s life left its traces in the stories, folklore, buildings, streetscapes, and landscapes of the region;
to provide a cooperative management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and
to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the Heritage Area.
Definitions
In this subtitle:
Local coordinating entity
The term local coordinating entity means the Looking for Lincoln Heritage Coalition, which is hereby designated by Congress—
to develop, in partnership with others, the management plan for the 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 the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this subtitle.
National heritage area
The term National Heritage Area means the Abraham Lincoln National Heritage Area established in this subtitle.
Secretary
The term Secretary means the Secretary of the Interior.
Designation of Abraham Lincoln National Heritage Area
Establishment
There is hereby established the Abraham Lincoln National Heritage Area.
Boundaries
In general
The National Heritage Area shall consist of sites as designated by the management plan within a core area located in Central Illinois, consisting of Adams, Brown, Calhoun, Cass, Champaign, Christian, Clark, Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Hancock, Henderson, Jersey, Knox, LaSalle, Logan, Macon, Macoupin, Madison, Mason, McDonough, McLean, Menard, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, Tazewell, Vermillion, Warren and Woodford counties.
Map
The
boundaries of the National Heritage Area shall be as generally depicted on the
map titled Proposed Abraham Lincoln National Heritage Area
, and
numbered 338/80,000, and dated July 2007. The map shall be on file and
available to the public in the appropriate offices of the National Park Service
and the local coordinating entity.
Management plan
Requirements
The management plan for the 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 Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area;
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 Federal, State, Tribal, or local government agency, organization, business, or individual;
include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and
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 paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this subtitle until such time as the management plan is submitted to and approved by the Secretary.
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 paragraph (3).
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 Federal, State, Tribal, and local 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 Federal, State, Tribal, and local 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, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and
the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan.
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 subtitle to implement an amendment to the management plan until the Secretary approves the amendment.
Authorities
The Secretary may—
provide technical assistance under the authority of this subtitle for the development and implementation of the management plan; and
enter into cooperative agreements with interested parties to carry out this subtitle.
Evaluation; report
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this subtitle, the Secretary shall—
conduct an evaluation of the accomplishments of the National Heritage Area; and
prepare a report in accordance with subsection (c).
Evaluation
An evaluation conducted under subsection (a)(1) 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, Tribal, and local, and private investments in the National Heritage Area to determine the 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
Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.
Local coordinating entity
Duties
To further the purposes of the National Heritage Area, the Looking for Lincoln Heritage Coalition, as 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 this subtitle;
submit an annual report to the secretary for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, 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 subtitle, 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 subtitle 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 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 subtitle to acquire any interest in real property.
Relationship to other Federal agencies
In general
Nothing in this subtitle 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 subtitle—
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 subtitle—
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, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure;
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.
Authorization of appropriations
Authorization of Appropriations
Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended.
Limitation on Total Amounts Appropriated
Not more than $15,000,000 may be appropriated to carry out this subtitle.
Cost-Sharing Requirement
The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued.
Use of Federal funds from other sources
Nothing in this subtitle shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.
Sunset for grants and other assistance
The authority of the Secretary to provide financial assistance under this subtitle terminates on the date that is 15 years after the date of the enactment of this subtitle.
Authorization Extensions and Viability Studies
Extensions of authorized appropriations
Division II of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104–333; 16 U.S.C. 461
note) is amended in each of sections 108(a), 209(a), 311(a), 409(a), 508(a),
608(a), 708(a), 810(a) (as redesignated by section 474(9)), and 909(c), by
striking $10,000,000
and inserting
$15,000,000
.
Evaluation and report
In general
For the nine National Heritage Areas authorized in Division II of the Omnibus Parks and Public Lands Management Act of 1996, not later than 3 years before the date on which authority for Federal funding terminates for each National Heritage Area, the Secretary shall—
conduct an evaluation of the accomplishments of the National Heritage Area; and
prepare a report in accordance with subsection (c).
Evaluation
An evaluation conducted under subsection (a)(1) shall—
assess the progress of the local 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 for the National Heritage Area;
analyze the investments of Federal, State, Tribal, and local government and private entities in each National Heritage Area to determine the impact of the investments; and
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
Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area.
Technical Corrections and Additions
National Coal Heritage Area technical corrections
Title I of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333 as amended by Public Law 106–176 and Public Law 109–338) is amended—
by striking section 103(b) and inserting the following:
Boundaries
The
National Coal Heritage Area shall be comprised of Lincoln County, West
Virginia, and Paint Creek and Cabin Creek within Kanawah County, West Virginia,
and the counties that are the subject of the study by the National Park
Service, dated 1993, entitled A Coal Mining Heritage Study: Southern
West Virginia
conducted pursuant to title VI of Public Law
100–699.
;
by striking section 105 and inserting the following:
Eligible resources
In general
The resources eligible for the assistance under section 104 shall include—
resources in Lincoln County, West Virginia, and Paint Creek and Cabin Creek in Kanawah County, West Virginia, as determined to be appropriate by the National Coal Heritage Area Authority; and
the resources set
forth in appendix D of the study by the National Park Service, dated 1993,
entitled A Coal Mining Heritage Study: Southern West Virginia
conducted pursuant to title VI of Public Law 100–699.
Priority
Priority
consideration shall be given to those sites listed as Conservation
Priorities
and Important Historic Resources
as depicted
on the map entitled Study Area: Historic Resources
in such
study.
;
in section 106(a)—
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 section 106(b), by inserting
not
before meet
.
Rivers of steel national heritage area addition
Section 403(b) of title IV of Division II of
the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333)
is amended by inserting Butler,
after
Beaver,
.
South Carolina National Heritage Corridor addition
Section 604(b)(2) of title VI of Division II of the Omnibus Parks and Public Lands Management Act of 1996 is amended by adding at the end the following new subparagraphs:
Berkeley County.
Saluda County.
The portion of Georgetown County that is not part of the Gullah/Geechee Cultural Heritage Corridor.
.
Ohio and Erie Canal National Heritage Corridor technical corrections
Title VIII of Division II of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333) is amended—
by striking
Canal National Heritage Corridor
each place it appears and
inserting National Heritage Canalway
;
by striking
corridor
each place it appears and inserting
canalway
, except in references to the feasibility study and
management plan;
in the heading of section 808(a)(3), by
striking corridor
and inserting
canalway
;
in the title
heading, by striking Canal
National Heritage Corridor
and inserting
National Heritage
Canalway
;
in section 803—
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 (B)), by striking 808
and
inserting 806
; and
in paragraph (6)
(as redesignated by subparagraph (B)), by striking 807(a)
and
inserting 805(a)
;
in the heading of section 804, by striking
Canal National Heritage
Corridor
and inserting National Heritage
Canalway
;
in the second
sentence of section 804(b)(1), by striking 808
and inserting
806
;
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 (9)), by striking 808
and inserting 806
;
in section 806 (as redesignated by paragraph (9))—
in subsection
(a)(1), by striking Committee
and inserting
Secretary
;
in the heading of
subsection (a)(1), by striking committee
and inserting
secretary
;
in subsection
(a)(3), 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
(as redesignated by paragraph (9)), in subsection (c) by striking
Cayohoga Valley National Recreation Area
and inserting
Cayohoga Valley National Park
;
in section 808 (as redesignated by paragraph (9))—
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 (9)), by striking assistance
and
inserting financial assistance
.
New Jersey Coastal Heritage trail route extension of authorization
Section 6 of Public Law 100–515 (16 U.S.C. 1244 note) is amended as follows:
Strike paragraph (1) of subsection (b) and insert the following new paragraph:
In general
Amounts made available under subsection (a) shall be used only for—
technical assistance;
the design and fabrication of interpretive materials, devices, and signs; and
the preparation of the strategic plan.
.
Paragraph (3) of subsection (b) is amended by inserting after subparagraph (B) a new subparagraph as follows:
Notwithstanding paragraph (3)(A), funds made available under subsection (a) for the preparation of the strategic plan shall not require a non-Federal match.
.
Subsection (c) is amended by striking
2007
and inserting 2011
.
Studies
Columbia-Pacific National Heritage Area study
Definitions
In this section:
Secretary
The term Secretary means the Secretary of the Interior.
Study area
The term study area means—
the coastal areas of Clatsop and Pacific Counties (also known as the North Beach Peninsula); and
areas relating to Native American history, local history, Euro-American settlement culture, and related economic activities of the Columbia River within a corridor along the Columbia River eastward in Clatsop, Pacific, Columbia, and Wahkiakum Counties.
Columbia-Pacific national heritage area study
In General
The Secretary, in consultation with the managers of any Federal land within the study area, appropriate State and local governmental agencies, tribal governments, and any interested organizations, shall conduct a study to determine the feasibility of designating the study area as the Columbia-Pacific National Heritage Area.
Requirements
The study shall include analysis, documentation, and determinations on whether the study area—
has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities;
reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story;
provides outstanding opportunities to conserve natural, historic, cultural, or scenic features;
provides outstanding recreational and educational opportunities;
contains resources important to the identified theme or themes of the study area that retain a degree of integrity capable of supporting interpretation;
includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area;
has a potential local coordinating entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and
has a conceptual boundary map that is supported by the public.
Private property
In conducting the study required by this subsection, the Secretary shall analyze the potential impact that designation of the area as a national heritage area is likely to have on land within the proposed area or bordering the proposed area that is privately owned at the time that the study is conducted.
Report
Not later than 3 fiscal years after the date on which funds are made available to carry out the study, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the findings, conclusions, and recommendations of the Secretary with respect to the study.
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 States;
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
Alaska water resources study
Definitions
In this section:
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of Alaska.
Alaska water resources study
Study
The Secretary, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey, where appropriate, and in accordance with this section and other applicable provisions of law, shall conduct a study that includes—
a survey of accessible water supplies, including aquifers, on the Kenai Peninsula and in the Municipality of Anchorage, the Matanuska-Susitna Borough, the city of Fairbanks, and the Fairbanks Northstar Borough;
a survey of water treatment needs and technologies, including desalination, applicable to the water resources of the State; and
a review of the need for enhancement of the streamflow information collected by the United States Geological Survey in the State relating to critical water needs in areas such as—
infrastructure risks to State transportation;
flood forecasting;
resource extraction; and
fire management.
Report
Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study required by paragraph (1).
Sunset
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Renegotiation of payment schedule, Redwood Valley County Water District
Section 15 of Public Law 100–516 (102 Stat. 2573) is amended—
by amending paragraph (2) of subsection (a) to read as follows:
If, as of January 1, 2006, the Secretary of the Interior and the Redwood Valley County Water District have not renegotiated the schedule of payment, the District may enter into such additional non-Federal obligations as are necessary to finance procurement of dedicated water rights and improvements necessary to store and convey those rights to provide for the District’s water needs. The Secretary shall reschedule the payments due under loans numbered 14–06–200–8423A and 14–06–200–8423A Amendatory and said payments shall commence when such additional obligations have been financially satisfied by the District. The date of the initial payment owed by the District to the United States shall be regarded as the start of the District’s repayment period and the time upon which any interest shall first be computed and assessed under section 5 of the Small Reclamation Projects Act of 1956 (43 U.S.C. 422a et seq.).
; and
by striking subsection (c).
American River Pump Station Project transfer
Authority To transfer
The Secretary of the
Interior (hereafter in this section referred to as the
Secretary
) shall transfer ownership of the American River Pump
Station Project located at Auburn, California, which includes the Pumping
Plant, associated facilities, and easements necessary for permanent operation
of the facilities, to the Placer County Water Agency, in accordance with the
terms of Contract No. 02–LC–20–7790 between the United States and Placer County
Water Agency and the terms and conditions established in this section.
Federal costs nonreimbursable
Federal costs associated with construction of the American River Pump Station Project located at Auburn, California, are nonreimbursable.
Grant of real property interest
The Secretary is authorized to grant title to Placer County Water Agency as provided in subsection (a) in full satisfaction of the United States’ obligations under Land Purchase Contract 14–06–859–308 to provide a water supply to the Placer County Water Agency.
Compliance with environmental laws
In general
Before conveying land and facilities pursuant to this section, the Secretary shall comply with all applicable requirements under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
any other law applicable to the land and facilities.
Effect
Nothing in this section modifies or alters any obligations under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Release from liability
Effective on the date of transfer to the Placer County Water Agency of any land or facility under this section, the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, consistent with Article 9 of Contract No. 02–LC–20–7790 between the United States and Placer County Water Agency.
Arthur V. Watkins Dam enlargement
Findings
Congress finds the following:
Arthur V. Watkins Dam is a feature of the Weber Basin Project, which was authorized by law on August 29, 1949.
Increasing the height of Arthur V. Watkins Dam and construction of pertinent facilities may provide additional storage capacity for the development of additional water supply for the Weber Basin Project for uses of municipal and industrial water supply, flood control, fish and wildlife, and recreation.
Authorization of feasibility study
The Secretary of the Interior, acting through the Bureau of Reclamation, is authorized to conduct a feasibility study on raising the height of Arthur V. Watkins Dam for the development of additional storage to meet water supply needs within the Weber Basin Project area and the Wasatch Front. The feasibility study shall include such environmental evaluation as required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and a cost allocation as required under the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.).
Cost shares
Federal Share
The Federal share of the costs of the study authorized in subsection (b) shall not exceed 50 percent of the total cost of the study.
In-Kind Contributions
The Secretary shall accept, as appropriate, in-kind contributions of goods or services from the Weber Basin Water Conservancy District. Such goods and services accepted under this subsection shall be counted as part of the non-Federal cost share for the study.
Authorization of appropriations
There is authorized to be appropriated to the Secretary $1,000,000 for the Federal cost share of the study authorized in subsection (b).
Sunset
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.
New Mexico water planning assistance
Definitions
In this section:
Secretary
The term Secretary means the Secretary of the Interior, acting through the Bureau of Reclamation and the United States Geological Survey.
State
The term State means the State of New Mexico.
Comprehensive water plan assistance
In general
Upon the request of the Governor of the State and subject to paragraphs (2) through (6), the Secretary shall—
provide to the State technical assistance and grants for the development of comprehensive State water plans;
conduct water resources mapping in the State; and
conduct a comprehensive study of groundwater resources (including potable, brackish, and saline water resources) in the State to assess the quantity, quality, and interaction of groundwater and surface water resources.
Technical assistance
Technical assistance provided under paragraph (1) may include—
acquisition of hydrologic data, groundwater characterization, database development, and data distribution;
expansion of climate, surface water, and groundwater monitoring networks;
assessment of existing water resources, surface water storage, and groundwater storage potential;
numerical analysis and modeling necessary to provide an integrated understanding of water resources and water management options;
participation in State planning forums and planning groups;
coordination of Federal water management planning efforts;
technical review of data, models, planning scenarios, and water plans developed by the State; and
provision of scientific and technical specialists to support State and local activities.
Allocation
In providing grants under paragraph (1), the Secretary shall, subject to the availability of appropriations, allocate—
$5,000,000 to develop hydrologic models and acquire associated equipment for the New Mexico Rio Grande main stem sections and Rios Pueblo de Taos and Hondo, Rios Nambe, Pojoaque and Teseque, Rio Chama, and Lower Rio Grande tributaries;
$1,500,000 to complete the hydrographic survey development of hydrologic models and acquire associated equipment for the San Juan River and tributaries;
$1,000,000 to complete the hydrographic survey development of hydrologic models and acquire associated equipment for Southwest New Mexico, including the Animas Basin, the Gila River, and tributaries;
$4,500,000 for statewide digital orthophotography mapping; and
such sums as are necessary to carry out additional projects consistent with paragraph (2).
Cost-sharing requirement
In general
The non-Federal share of the total cost of any activity carried out using a grant provided under paragraph (1) shall be 50 percent.
Form of non-federal share
The non-Federal share under subparagraph (A) may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the conduct and completion of the activity assisted.
Nonreimbursable basis
Any assistance or grants provided to the State under this section shall be made on a non-reimbursable basis.
Authorized transfers
On request of the State, the Secretary shall directly transfer to 1 or more Federal agencies any amounts made available to the State to carry out this section.
Authorization of appropriations
There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2008 through 2012.
Sunset of authority
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this Act.
Conveyance of certain buildings and lands of the Yakima Project, Washington
Conveyance required
The Secretary of the Interior shall convey to the
Yakima-Tieton Irrigation District, located in Yakima County, Washington, all
right, title, and interest of the United States in and to the buildings and
lands of the Yakima Project, Washington, in accordance with the terms and
conditions set forth in the agreement titled Agreement Between the
United States and the Yakima-Tieton Irrigation District to Transfer Title to
Certain Federally Owned Buildings and Lands, With Certain Property Rights,
Title, and Interest, to the Yakima-Tieton Irrigation District
(Contract
No. 5–07–10–L1658).
Liability
Effective upon the date of conveyance under this section, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed buildings and lands, except for damages caused by acts of negligence committed by the United States or by its employees or agents before the date of conveyance. Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (popularly known as the Federal Tort Claims Act), on the date of enactment of this Act.
Benefits
After conveyance of the buildings and lands to the Yakima-Tieton Irrigation District under this section—
such buildings and lands shall not be considered to be a part of a Federal reclamation project; and
such irrigation district shall not be eligible to receive any benefits with respect to any buildings and lands conveyed, except benefits that would be available to a similarly situated person with respect to such buildings and lands that are not part of a Federal reclamation project.
Report
If the Secretary of the Interior has not completed the conveyance required under subsection (a) within 12 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that explains the reason such conveyance has not been completed and stating the date by which the conveyance will be completed.
Conjunctive use of surface and groundwater in Juab County, Utah
Section 202(a)(2) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102–575) is amended by inserting Juab,
after
Davis,
.
Early repayment of A & B Irrigation District construction costs
In General
Notwithstanding section 213 of the Reclamation Reform Act
of 1982 (43 U.S.C. 390mm), any landowner within the A & B Irrigation
District in the State (referred to in this section as the
District
) may repay, at any time, the construction costs of
District project facilities that are allocated to land of the landowner within
the District.
Applicability of Full-Cost Pricing Limitations
On discharge, in full, of the obligation for repayment of all construction costs described in subsection (a) that are allocated to all land the landowner owns in the District in question, the parcels of land shall not be subject to the ownership and full-cost pricing limitations under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.), including the Reclamation Reform Act of 1982 (13 U.S.C. 390aa et seq.).
Certification
On request of a landowner that has repaid, in full, the construction costs described in subsection (a), the Secretary of the Interior shall provide to the landowner a certificate described in section 213(b)(1) of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)).
Effect
Nothing in this section—
modifies any contractual rights under, or amends or reopens, the reclamation contract between the District and the United States; or
modifies any rights, obligations, or relationships between the District and landowners in the District under Idaho State law.
Oregon water resources
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)(1), by striking Deschutes River Basin Working Group
and
inserting Deschutes River Conservancy Working Group
;
by amending the
text of subsection (a)(1)(B) to read as follows: 4 representatives of
private interests including two from irrigated agriculture who actively farm
more than 100 acres of irrigated land and are not irrigation district managers
and two from the environmental community;
;
in subsection
(b)(3), by inserting before the final period the following: , and up to
a total amount of $2,000,000 during each of fiscal years 2007 through
2016
; and
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 Act
Definitions
In this subsection:
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 titled,
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 subparagraph (A), the Secretary shall ensure that—
the Wallowa Lake Dam Rehabilitation Program and 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 it under this subsection; 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 subsection, both while and after activities are conducted using Federal funds provided under this subsection.
Cost sharing
In general
The Federal share of the costs of activities authorized under this subsection shall not exceed 50 percent.
Exclusions from federal share
There shall not be credited against the Federal share of such costs—
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
The Secretary, in carrying out this subsection, 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 subsection.
Prohibition on operation and maintenance
The Federal Government shall not be responsible for the operation and maintenance of any facility constructed or rehabilitated under this subsection.
Relationship to other law
Activities funded under this subsection shall not be considered a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)).
Authorization of appropriations
There is authorized to be appropriated to the Secretary to pay the Federal share of the costs of activities authorized under this subsection $6,000,000.
Sunset
The authority of the Secretary to carry out any provisions of this subsection shall terminate 10 years after the date of the enactment of this subsection.
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 subsection.
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 paragraph (1).
Form
The non-Federal share required under clause (i) may be in the form of any in-kind services that the Secretary of the Interior determines would contribute substantially toward the conduct and completion of the study and environmental impact statement required under paragraph (1).
Sunset
The authority of the Secretary to carry out any provisions of this subsection shall terminate 10 years after the date of the enactment of this section.
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 National Forests,
Parks, Public Land, and Reclamation Projects Authorization Act of 2007, the
annual installment for each year, for the District, under the Contract, on
account of the District’s construction charge obligation, shall be a fixed and
equal annual amount payable on June 30 the year following the year for which it
is applicable, such that the District’s total construction charge obligation
shall be completely paid by June 30, 2044.
.
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.
.
Republican River Basin feasibility study
Authorization of study
Pursuant to reclamation laws, the Secretary of the Interior, acting through the Bureau of Reclamation and in consultation and cooperation with the States of Nebraska, Kansas, and Colorado, may conduct a study to—
determine the feasibility of implementing a water supply and conservation project that will—
improve water
supply reliability in the Republican River Basin between Harlan County Lake in
Nebraska and Milford Lake in Kansas, including areas in the counties of Harlan,
Franklin, Webster, and Nuckolls in Nebraska and Jewel, Republic, Cloud,
Washington, and Clay in Kansas (in this section referred to as the
Republican River Basin
);
increase the capacity of water storage through modifications of existing projects or through new projects that serve areas in the Republican River Basin; and
improve water management efficiency in the Republican River Basin through conservation and other available means and, where appropriate, evaluate integrated water resource management and supply needs in the Republican River Basin; and
consider appropriate cost-sharing options for implementation of the project.
Cost sharing
The Federal share of the cost of the study shall not exceed 50 percent of the total cost of the study, and shall be nonreimbursable.
Cooperative agreements
The Secretary shall undertake the study through cooperative agreements with the State of Kansas or Nebraska and other appropriate entities determined by the Secretary.
Completion and report
In general
Except as provided in paragraph (2), not later than 3 years after the date of the enactment of this Act, the Secretary of the Interior shall complete the study and transmit to the Congress a report containing the results of the study.
Extension
If the Secretary determines that the study cannot be completed within the 3-year period beginning on the date of the enactment of this Act, the Secretary—
shall, at the time of that determination, report to the Congress on the status of the study, including an estimate of the date of completion; and
complete the study and transmit to the Congress a report containing the results of the study by not later than that date.
Sunset of authority
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this Act.
Eastern Municipal Water District
In General
The Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) is amended by adding at the end the following:
Eastern municipal water district recycled water system pressurization and expansion project, california
Authorization
The Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district.
Cost Sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
Limitation
Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a).
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $12,000,000.
Sunset of Authority
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of enactment of this section.
.
Conforming Amendment
The table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) is amended by inserting after the item relating to section 1638 the following:
Sec. 1639. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California.
.
Inland Empire and Cucamonga Valley recycling projects
In general
The Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended by section 511(a)) is amended by adding at the end the following:
Inland Empire Regional Water Recycling Project
In general
The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 1606(c).
Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project.
Limitation
Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a).
Authorization of appropriations
There is authorized to be appropriated to carry out this section $20,000,000.
Sunset of authority
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section.
Cucamonga Valley Water Recycling Project
In general
The Secretary, in cooperation with the Cucamonga Valley Water District, may participate in the design, planning, and construction of the Cucamonga Valley Water District satellite recycling plants in Rancho Cucamonga, California, to reclaim and recycle approximately 2 million gallons per day of domestic wastewater.
Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the capital cost of the project.
Limitation
Funds provided by the Secretary shall not be used for operation and maintenance of the project described in subsection (a).
Authorization of appropriations
There is authorized to be appropriated to carry out this section, $10,000,000.
Sunset of authority
The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section.
.
Conforming Amendment
The table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by section 511(b)) is amended by inserting after the item relating to section 1639 the following:
1640. Inland Empire Regional Water Recycling Program.
1641. Cucamonga Valley Water Recycling Project.
.
Bay Area Regional Water Recycling Program
Project authorizations
In general
The Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) (as amended by section 512(a)) is amended by adding at the end the following:
Mountain View, Moffett Area Reclaimed Water Pipeline Project
Authorization
The Secretary, in cooperation with the City of Palo Alto, California, and the City of Mountain View, California, is authorized to participate in the design, planning, and construction of recycled water distribution systems.
Cost Share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $5,000,000.
Pittsburg Recycled Water Project
Authorization
The Secretary, in cooperation with the City of Pittsburg, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
Cost Share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $1,750,000.
Antioch Recycled Water Project
Authorization
The Secretary, in cooperation with the City of Antioch, California, and the Delta Diablo Sanitation District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
Cost Share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $2,250,000.
North Coast County Water District Recycled Water Project
Authorization
The Secretary, in cooperation with the North Coast County Water District, is authorized to participate in the design, planning, and construction of recycled water system facilities.
Cost Share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $2,500,000.
Redwood City Recycled Water Project
Authorization
The Secretary, in cooperation with the City of Redwood City, California, is authorized to participate in the design, planning, and construction of recycled water system facilities.
Cost Share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $1,100,000.
South Santa Clara County Recycled Water Project
Authorization
The Secretary, in cooperation with the South County Regional Wastewater Authority and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water system distribution facilities.
Cost Share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $7,000,000.
South Bay Advanced Recycled Water Treatment Facility
Authorization
The Secretary, in cooperation with the City of San Jose, California, and the Santa Clara Valley Water District, is authorized to participate in the design, planning, and construction of recycled water treatment facilities.
Cost Share
The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project.
Limitation
The Secretary shall not provide funds for the operation and maintenance of the project authorized by this section.
Authorization of Appropriations
There is authorized to be appropriated to carry out this section $8,250,000.
.
Conforming Amendments
The table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371) (as amended by section 512(b)) is amended by inserting after the item relating to section 1641 the following:
Sec. 1642. Mountain View, Moffett Area Reclaimed Water Pipeline Project.
Sec. 1643. Pittsburg Recycled Water Project.
Sec. 1644. Antioch Recycled Water Project.
Sec. 1645. North Coast County Water District Recycled Water Project.
Sec. 1646. Redwood City Recycled Water Project.
Sec. 1647. South Santa Clara County Recycled Water Project.
Sec. 1648. South Bay Advanced Recycled Water Treatment Facility.
.
San jose area water reclamation and reuse project
It is the intent of Congress that a comprehensive water recycling program for the San Francisco Bay Area include the San Jose Area water reclamation and reuse program authorized by section 1607 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h–5).
Bureau of Reclamation site security
Treatment of capital costs
Costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs, including the construction, modification, upgrade, or replacement of such facility fortifications, shall be nonreimbursable.
Treatment of security-related operation and maintenance costs
Reimbursable costs
The Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding year’s Consumer Price Index, of those costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau of Reclamation facilities after the events of September 11, 2001, as reimbursable operation and maintenance costs under Reclamation law.
Costs collected through water rates
In the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates.
Transparency and report to congress
Policies and procedures
The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b).
Notice
On identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice—
describing the need for the site security measure and the process for identifying and implementing the site security measure; and
summarizing the administrative and legal requirements relating to the site security measure.
Consultation
The Secretary shall—
provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; and
in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A).
Response; notice
Before incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary—
a timely written response describing proposed actions, if any, to address the recommendation; and
notice regarding the costs and status of such activities on a periodic basis.
Report
The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001, costs for the site security activities.
Pre-september 11, 2001 security cost levels
Reclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.
Department of Energy authorizations
Energy technology transfer
Section 917 of the Energy Policy Act of 2005 (42 U.S.C. 16197) is amended to read as follows:
Advanced Energy Technology Transfer Centers
Grants
Not later than 18 months after the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007, the Secretary shall make grants to nonprofit institutions, State and local governments, cooperative extension services, or institutions of higher education (or consortia thereof), to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, to be located in areas the Secretary determines have the greatest need of the services of such Centers. In making awards under this section, the Secretary shall—
give priority to applicants already operating or partnered with an outreach program capable of transferring knowledge and information about advanced energy efficiency methods and technologies;
ensure that, to the extent practicable, the program enables the transfer of knowledge and information—
about a variety of technologies; and
in a variety of geographic areas;
give preference to applicants that would significantly expand on or fill a gap in existing programs in a geographical region; and
consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.
Activities
Each Center shall operate a program to encourage demonstration and commercial application of advanced energy methods and technologies through education and outreach to building and industrial professionals, and to other individuals and organizations with an interest in efficient energy use. Funds awarded under this section may be used for the following activities:
Developing and distributing informational materials on technologies that could use energy more efficiently.
Carrying out demonstrations of advanced energy methods and technologies.
Developing and conducting seminars, workshops, long-distance learning sessions, and other activities to aid in the dissemination of knowledge and information on technologies that could use energy more efficiently.
Providing or coordinating onsite energy evaluations, including instruction on the commissioning of building heating and cooling systems, for a wide range of energy end-users.
Examining the energy efficiency needs of energy end-users to develop recommended research projects for the Department.
Hiring experts in energy efficient technologies to carry out activities described in paragraphs (1) through (5).
Application
A person seeking a grant under this section shall submit to the Secretary an application in such form and containing such information as the Secretary may require. The Secretary may award a grant under this section to an entity already in existence if the entity is otherwise eligible under this section. The application shall include, at a minimum—
a description of the applicant’s outreach program, and the geographic region it would serve, and of why the program would be capable of transferring knowledge and information about advanced energy technologies that increase efficiency of energy use;
a description of the activities the applicant would carry out, of the technologies that would be transferred, and of any other organizations that will help facilitate a regional approach to carrying out those activities;
a description of how the proposed activities would be appropriate to the specific energy needs of the geographic region to be served;
an estimate of the number and types of energy end-users expected to be reached through such activities; and
a description of how the applicant will assess the success of the program.
Selection criteria
The Secretary shall award grants under this section on the basis of the following criteria, at a minimum:
The ability of the applicant to carry out the proposed activities.
The extent to which the applicant will coordinate the activities of the Center with other entities as appropriate, such as State and local governments, utilities, institutions of higher education, and National Laboratories.
The appropriateness of the applicant’s outreach program for carrying out the program described in this section.
The likelihood that proposed activities could be expanded or used as a model for other areas.
Cost-sharing
In carrying out this section, the Secretary shall require cost-sharing in accordance with the requirements of section 988 for commercial application activities.
Duration
Initial grant period
A grant awarded under this section shall be for a period of 5 years.
Initial evaluation
Each grantee under this section shall be evaluated during its third year of operation under procedures established by the Secretary to determine if the grantee is accomplishing the purposes of this section described in subsection (a). The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for 3 additional years beyond the original term of the grant.
Additional extension
If a grantee receives an extension under paragraph (2), the grantee shall be evaluated again during the second year of the extension. The Secretary shall terminate any grant that does not receive a positive evaluation. If an evaluation is positive, the Secretary may extend the grant for a final additional period of 3 additional years beyond the original extension.
Limitation
No grantee may receive more than 11 years of support under this section without reapplying for support and competing against all other applicants seeking a grant at that time.
Prohibition
None of the funds awarded under this section may be used for the construction of facilities.
Definitions
For purposes of this section:
Advanced energy methods and technologies
The term advanced energy methods and technologies means all methods and technologies that promote energy efficiency and conservation, including distributed generation technologies, and life-cycle analysis of energy use.
Center
The term Center means an Advanced Energy Technology Transfer Center established pursuant to this section.
Distributed generation
The term distributed generation means an electric power generation technology, including photovoltaic, small wind, and micro-combined heat and power, that serves electric consumers at or near the site of production.
Cooperative extension
The term Cooperative Extension means the extension services established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914.
Land-grant colleges and universities
The term land-grant colleges and universities means—
1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));
1890 Institutions (as defined in section 2 of that Act); and
1994 Institutions (as defined in section 2 of that Act).
Authorization of appropriations
In addition to amounts otherwise authorized to be appropriated in section 911, there are authorized to be appropriated for the program under this section such sums as may be appropriated.
.
Amendments to the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988
Authorization of appropriations
Section 9 of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (15 U.S.C. 5108) is amended to read as follows:
Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this Act $12,000,000 for each of the fiscal years 2008 through 2012.
.
Steel project priorities
Section 4(c)(1) of the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 (15 U.S.C. 5103(c)(1)) is amended—
in subparagraph
(H), by striking coatings for sheet steels
and inserting
sheet and bar steels
; and
by adding at the end the following new subparagraph:
The development of technologies which reduce greenhouse gas emissions.
.
Conforming amendments
The Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 is further amended—
by striking section 7 (15 U.S.C. 5106); and
in section 8
(15 U.S.C.
5107), by inserting , beginning with fiscal year
2008,
after close of each fiscal year
.
Northern Mariana Islands
Immigration, Security, and Labor
Statement of congressional intent
Immigration and growth
In recognition of the need to ensure uniform adherence to long-standing fundamental immigration policies of the United States, it is the intention of the Congress in enacting this subtitle—
to ensure that effective border control
procedures are implemented and observed, and that national security and
homeland security issues are properly addressed, by extending the immigration
laws (as defined in section 101(a)(17) of the Immigration and Nationality Act
(8 U.S.C. 1101 (a)(17)), to apply to the Commonwealth of the Northern Mariana
Islands (referred to in this subtitle as the Commonwealth
), with
special provisions to allow for—
the orderly phasing-out of the nonresident contract worker program of the Commonwealth; and
the orderly phasing-in of Federal responsibilities over immigration in the Commonwealth; and
to minimize, to the greatest extent practicable, potential adverse economic and fiscal effects of phasing-out the Commonwealth’s nonresident contract worker program and to maximize the Commonwealth’s potential for future economic and business growth by—
encouraging diversification and growth of the economy of the Commonwealth in accordance with fundamental values underlying Federal immigration policy;
recognizing local self-government, as provided for in the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America through consultation with the Governor of the Commonwealth;
assisting the Commonwealth in achieving a progressively higher standard of living for citizens of the Commonwealth through the provision of technical and other assistance;
providing opportunities for individuals authorized to work in the United States, including citizens of the freely associated states; and
providing a mechanism for the continued use of alien workers, to the extent those workers continue to be necessary to supplement the Commonwealth’s resident workforce, and to protect those workers from the potential for abuse and exploitation.
Avoiding adverse effects
In recognition of the Commonwealth’s unique economic circumstances, history, and geographical location, it is the intent of the Congress that the Commonwealth be given as much flexibility as possible in maintaining existing businesses and other revenue sources, and developing new economic opportunities, consistent with the mandates of this subtitle. This subtitle, and the amendments made by this subtitle, should be implemented wherever possible to expand tourism and economic development in the Commonwealth, including aiding prospective tourists in gaining access to the Commonwealth’s memorials, beaches, parks, dive sites, and other points of interest.
Immigration reform for the Commonwealth
Amendment to joint resolution approving covenant establishing Commonwealth of the Northern Mariana Islands
The Joint Resolution entitled A Joint
Resolution to approve the
, approved March 24, 1976
(Public Law 94–241; 90 Stat. 263), is amended by adding at the end the
following new section:Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America
, and for other purposes
Immigration and transition
Application of the immigration and nationality Act and establishment of a transition program
In general
Subject to paragraphs
(2) and (3), effective on the first day of the first full month commencing 1
year after the date of enactment of the National Forests, Parks, Public Land, and Reclamation
Projects Authorization Act of 2007 (hereafter referred to as the
transition program effective date
), the provisions of the
immigration laws
(as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) shall apply to the
Commonwealth of the Northern Mariana Islands (referred to in this section as
the Commonwealth
), except as otherwise provided in this
section.
Transition period
There shall be a transition period beginning on the
transition program effective date and ending on December 31, 2013, except as
provided in subsections (b) and (d), during which the Secretary of Homeland
Security, in consultation with the Secretary of State, the Attorney General,
the Secretary of Labor, and the Secretary of the Interior, shall establish,
administer, and enforce a transition program to regulate immigration to the
Commonwealth, as provided in this section (hereafter referred to as the
transition program
).
Delay of commencement of transition period
In general
The Secretary of Homeland Security, in the Secretary’s sole discretion, in consultation with the Secretary of the Interior, the Secretary of Labor, the Secretary of State, the Attorney General, and the Governor of the Commonwealth, may determine that the transition program effective date be delayed for a period not to exceed more than 180 days after such date.
Congressional notification
The Secretary of Homeland Security shall notify the Congress of a determination under subparagraph (A) not later than 30 days prior to the transition program effective date.
Congressional review
A delay of the transition program effective date shall not take effect until 30 days after the date on which the notification under subparagraph (B) is made.
Requirement for regulations
The transition program shall be implemented pursuant to regulations to be promulgated, as appropriate, by the head of each agency or department of the United States having responsibilities under the transition program.
Interagency agreements
The Secretary of Homeland Security, the Secretary of State, the Secretary of Labor, and the Secretary of the Interior shall negotiate and implement agreements among their agencies to identify and assign their respective duties so as to ensure timely and proper implementation of the provisions of this section. The agreements should address, at a minimum, procedures to ensure that Commonwealth employers have access to adequate labor, and that tourists, students, retirees, and other visitors have access to the Commonwealth without unnecessary delay or impediment. The agreements may also allocate funding between the respective agencies tasked with various responsibilities under this section.
Certain education funding
In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition period. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities.
Asylum
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) shall not apply during the transition period to persons physically present in the Commonwealth or arriving in the Commonwealth (whether or not at a designated port of arrival), including persons brought to the Commonwealth after having been interdicted in international or United States waters.
Numerical limitations for nonimmigrant workers
An alien, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) without counting against the numerical limitations set forth in section 214(g) of such Act (8 U.S.C. 1184(g)). This subsection does not apply to any employment to be performed outside of Guam or the Commonwealth. Not later than 3 years following the transition program effective date, the Secretary of Homeland Security shall issue a report to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives projecting the number of asylum claims the Secretary anticipates following the termination of the transition period, the efforts the Secretary has made to ensure appropriate interdiction efforts, provide for appropriate treatment of asylum seekers, and prepare to accept and adjudicate asylum claims in the Commonwealth.
Nonimmigrant investor visas
In general
Notwithstanding the treaty requirements in section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), during the transition period, the Secretary of Homeland Security may, upon the application of an alien, classify an alien as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien—
has been admitted to the Commonwealth in long-term investor status under the immigration laws of the Commonwealth before the transition program effective date;
has continuously maintained residence in the Commonwealth under long-term investor status;
is otherwise admissible; and
maintains the investment or investments that formed the basis for such long-term investor status.
Requirement for regulations
Not later than 60 days before the transition program effective date, the Secretary of Homeland Security shall publish regulations in the Federal Register to implement this subsection.
Special provision To ensure adequate employment; commonwealth only transitional workers
An alien who is seeking to enter the Commonwealth as a nonimmigrant worker may be admitted to perform work during the transition period subject to the following requirements:
Such an alien shall be treated as a nonimmigrant described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), including the ability to apply, if otherwise eligible, for a change of nonimmigrant classification under section 248 of such Act (8 U.S.C. 1258) or adjustment of status under this section and section 245 of such Act (8 U.S.C. 1255).
The Secretary of Homeland Security shall establish, administer, and enforce a system for allocating and determining the number, terms, and conditions of permits to be issued to prospective employers for each such nonimmigrant worker described in this subsection who would not otherwise be eligible for admission under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). In adopting and enforcing this system, the Secretary shall also consider, in good faith and not later than 30 days after receipt by the Secretary, any comments and advice submitted by the Governor of the Commonwealth. This system shall provide for a reduction in the allocation of permits for such workers on an annual basis, to zero, during a period not to extend beyond December 31, 2013, unless extended pursuant to paragraph 5 of this subsection, and shall take into account the number of petitions granted under subsection (i). In no event shall a permit be valid beyond the expiration of the transition period. This system may be based on any reasonable method and criteria determined by the Secretary of Homeland Security to promote the maximum use of, and to prevent adverse effects on wages and working conditions of, workers authorized to be employed in the United States, including lawfully admissible freely associated state citizen labor. No alien shall be granted nonimmigrant classification or a visa under this subsection unless the permit requirements established under this paragraph have been met.
The Secretary of Homeland Security shall set the conditions for admission of such an alien under the transition program, and the Secretary of State shall authorize the issuance of nonimmigrant visas for such an alien. Such a visa shall not be valid for admission to the United States, as defined in section 101(a)(38) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(38)), except admission to the Commonwealth. An alien admitted to the Commonwealth on the basis of such a visa shall be permitted to engage in employment only as authorized pursuant to the transition program.
Such an alien shall be permitted to transfer between employers in the Commonwealth during the period of such alien’s authorized stay therein, without permission of the employee’s current or prior employer, within the alien’s occupational category or another occupational category the Secretary of Homeland Security has found requires alien workers to supplement the resident workforce.
Not later than 180 days prior to the expiration of the transition period, or any extension thereof, the Secretary of Labor, in consultation with the Secretary of Homeland Security, the Secretary of the Interior, and the Governor of the Commonwealth, shall ascertain the current and anticipated labor needs of the Commonwealth and determine whether an extension of up to 5 years of the provisions of this subsection is necessary to ensure an adequate number of workers will be available for legitimate businesses in the Commonwealth. For the purpose of this subparagraph, a business shall not be considered legitimate if it engages directly or indirectly in prostitution, trafficking in minors, or any other activity that is illegal under Federal or local law. The determinations of whether a business is legitimate and to what extent, if any, it may require alien workers to supplement the resident workforce, shall be made by the Secretary of Homeland Security, in the Secretary’s sole discretion.
If the Secretary of Labor determines that such an extension is necessary to ensure an adequate number of workers for legitimate businesses in the Commonwealth, the Secretary of Labor may, through notice published in the Federal Register, provide for an additional extension period of up to 5 years.
In making the determination of whether alien workers are necessary to ensure an adequate number of workers for legitimate businesses in the Commonwealth, and if so, the number of such workers that are necessary, the Secretary of Labor may consider, among other relevant factors—
government, industry, or independent workforce studies reporting on the need, or lack thereof, for alien workers in the Commonwealth’s businesses;
the unemployment rate of United States citizen workers residing in the Commonwealth;
the unemployment rate of aliens in the Commonwealth who have been lawfully admitted for permanent residence;
the number of unemployed alien workers in the Commonwealth;
any good faith efforts to locate, educate, train, or otherwise prepare United States citizen residents, lawful permanent residents, and unemployed alien workers already within the Commonwealth, to assume those jobs;
any available evidence tending to show that United States citizen residents, lawful permanent residents, and unemployed alien workers already in the Commonwealth are not willing to accept jobs of the type offered;
the extent to which admittance of alien workers will affect the compensation, benefits, and living standards of existing workers within those industries and other industries authorized to employ alien workers; and
the prior use, if any, of alien workers to fill those industry jobs, and whether the industry requires alien workers to fill those jobs.
The Secretary of Homeland Security may authorize the admission of a spouse or minor child accompanying or following to join a worker admitted pursuant to this subsection.
Persons lawfully admitted under the Commonwealth immigration law
Prohibition on removal
In general
Subject to subparagraph (B), no alien who is lawfully present in the Commonwealth pursuant to the immigration laws of the Commonwealth on the transition program effective date shall be removed from the United States on the grounds that such alien's presence in the Commonwealth is in violation of section 212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)), until the earlier of the date—
of the completion of the period of the alien's admission under the immigration laws of the Commonwealth; or
that is 2 years after the transition program effective date.
Limitations
Nothing in this subsection shall be construed to prevent or limit the removal under subparagraph 212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)) of such an alien at any time, if the alien entered the Commonwealth after the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007, and the Secretary of Homeland Security has determined that the Government of the Commonwealth has violated section 702(i) of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007.
Employment authorization
An alien who is lawfully present and authorized to be employed in the Commonwealth pursuant to the immigration laws of the Commonwealth on the transition program effective date shall be considered authorized by the Secretary of Homeland Security to be employed in the Commonwealth until the earlier of the date—
of expiration of the alien's employment authorization under the immigration laws of the Commonwealth; or
that is 2 years after the transition program effective date.
Registration
The Secretary of Homeland Security may require any alien present in the Commonwealth on or after the transition period effective date to register with the Secretary in such a manner, and according to such schedule, as he may in his discretion require. Paragraphs (1) and (2) of this subsection shall not apply to any alien who fails to comply with such registration requirement. Notwithstanding any other law, the Government of the Commonwealth shall provide to the Secretary all Commonwealth immigration records or other information that the Secretary deems necessary to assist the implementation of this paragraph or other provisions of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007. Nothing in this paragraph shall modify or limit section 262 of the Immigration and Nationality Act (8 U.S.C. 1302) or other provision of the Immigration and Nationality Act relating to the registration of aliens.
Removable aliens
Except as specifically provided in paragraph (1)(A) of this subsection, nothing in this subsection shall prohibit or limit the removal of any alien who is removable under the Immigration and Nationality Act.
Prior orders of removal
The Secretary of Homeland Security may execute any administratively final order of exclusion, deportation or removal issued under authority of the immigration laws of the United States before, on, or after the transition period effective date, or under authority of the immigration laws of the Commonwealth before the transition period effective date, upon any subject of such order found in the Commonwealth on or after the transition period effective date, regardless whether the alien has previously been removed from the United States or the Commonwealth pursuant to such order.
Effect on other laws
The provisions of this section and of the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), shall, on the transition program effective date, supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth.
Accrual of time for purposes of Section 212(a)(9)(B) of the Immigration and Nationality Act
No time that an alien is present in the Commonwealth in violation of the immigration laws of the Commonwealth shall be counted for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
Report on nonresident guestworker population
The Secretary of the Interior, in consultation with the Secretary of Homeland Security, and the Governor of the Commonwealth, shall report to the Congress not later than 2 years after the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007. The report shall include—
the number of aliens residing in the Commonwealth;
a description of the legal status (under Federal law) of such aliens;
the number of years each alien has been residing in the Commonwealth;
the current and future requirements of the Commonwealth economy for an alien workforce; and
such recommendations to the Congress, as the Secretary may deem appropriate, related to whether or not the Congress should consider permitting lawfully admitted guest workers lawfully residing in the Commonwealth on such enactment date to apply for long-term status under the immigration and nationality laws of the United States.
.
Waiver of requirements for nonimmigrant visitors
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
in section 214(a)(1) (8 U.S.C. 1184(a)(1))—
by striking “Guam” each place such term appears and inserting “Guam or the Commonwealth of the Northern Mariana Islands”; and
by striking “fifteen” and inserting “45”;
in section 212(a)(7)(B) (8 U.S.C. 1182(a)(7)(B)), by amending clause (iii) to read as follows:
Guam and Northern Mariana Islands visa waiver
For provision authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection (l).
; and
by amending section 212(l) (8 U.S.C. 1182(l)) to read as follows:
Guam and Northern Mariana Islands visa waiver program
In general
The requirement of subsection (a)(7)(B)(i) may be waived by the Secretary of Homeland Security, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay in Guam or the Commonwealth of the Northern Mariana Islands for a period not to exceed 45 days, if the Secretary of Homeland Security, after consultation with the Secretary of the Interior, the Secretary of State, the Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands, determines that—
an adequate arrival and departure control system has been developed in Guam and the Commonwealth of the Northern Mariana Islands; and
such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths.
Alien waiver of rights
An alien may not be provided a waiver under this subsection unless the alien has waived any right—
to review or appeal under this Act an immigration officer’s determination as to the admissibility of the alien at the port of entry into Guam or the Commonwealth of the Northern Mariana Islands; or
to contest, other than on the basis of an application for withholding of removal under section 241(b)(3) of this Act or under the Convention Against Torture, or an application for asylum if permitted under section 208, any action for removal of the alien.
Regulations
All necessary regulations to implement this subsection shall be promulgated by the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, on or before the 180th day after the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007. The promulgation of such regulations shall be considered a foreign affairs function for purposes of section 553(a) of title 5, United States Code. At a minimum, such regulations should include, but not necessarily be limited to—
a listing of all countries whose nationals may obtain the waiver also provided by this subsection, except that such regulations shall provide for a listing of any country from which the Commonwealth has received a significant economic benefit from the number of visitors for pleasure within the one-year period preceding the date of enactment of the National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007, unless the Secretary of Homeland Security determines that such country’s inclusion on such list would represent a threat to the welfare, safety, or security of the United States or its territories; and
any bonding requirements for nationals of some or all of those countries who may present an increased risk of overstays or other potential problems, if different from such requirements otherwise provided by law for nonimmigrant visitors.
Factors
In determining whether to grant or continue providing the waiver under this subsection to nationals of any country, the Secretary of Homeland Security, in consultation with the Secretary of the Interior and the Secretary of State, shall consider all factors that the Secretary deems relevant, including electronic travel authorizations, procedures for reporting lost and stolen passports, repatriation of aliens, rates of refusal for nonimmigrant visitor visas, overstays, exit systems, and information exchange.
Suspension
The Secretary of Homeland Security shall monitor the admission of nonimmigrant visitors to Guam and the Commonwealth of the Northern Mariana Islands under this subsection. If the Secretary determines that such admissions have resulted in an unacceptable number of visitors from a country remaining unlawfully in Guam or the Commonwealth of the Northern Mariana Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from a country pose a risk to law enforcement or security interests of Guam or the Commonwealth of the Northern Mariana Islands or of the United States (including the interest in the enforcement of the immigration laws of the United States), the Secretary shall suspend the admission of nationals of such country under this subsection. The Secretary of Homeland Security may in the Secretary’s discretion suspend the Guam and Northern Mariana Islands visa waiver program at any time, on a country-by-country basis, for other good cause.
Addition of countries
The Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands may request the Secretary of the Interior and the Secretary of Homeland Security to add a particular country to the list of countries whose nationals may obtain the waiver provided by this subsection, and the Secretary of Homeland Security may grant such request after consultation with the Secretary of the Interior and the Secretary of State, and may promulgate regulations with respect to the inclusion of that country and any special requirements the Secretary of Homeland Security, in the Secretary’s sole discretion, may impose prior to allowing nationals of that country to obtain the waiver provided by this subsection.
.
Special nonimmigrant categories for Guam and the Commonwealth of the Northern Mariana Islands
The Governor of Guam
and the Governor of the Commonwealth of the Northern Mariana Islands (referred
to in this subsection as CNMI
) may request that the Secretary of
Homeland Security study the feasibility of creating additional Guam or
CNMI-only nonimmigrant visas to the extent that existing nonimmigrant visa
categories under the Immigration and Nationality Act do not provide for the
type of visitor, the duration of allowable visit, or other circumstance. The
Secretary of Homeland Security may review such a request, and, after
consultation with the Secretary of State and the Secretary of the Interior,
shall issue a report to the Committee on Energy and Natural Resources and the
Committee on the Judiciary of the Senate and the Committee on Natural Resources
and the Committee on the Judiciary of the House of Representatives with respect
to the feasibility of creating those additional Guam or CNMI-only visa
categories. Consideration of such additional Guam or CNMI-only visa categories
may include, but are not limited to, special nonimmigrant statuses for
investors, students, and retirees, but shall not include nonimmigrant status
for the purpose of employment in Guam or the CNMI.
Inspection of persons arriving from the Commonwealth of the Northern Mariana islands; Guam and Northern Mariana Islands-only visas not valid for entry into other parts of the United States
Section
212(d)(7) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(7)) is
amended by inserting the Commonwealth of the Northern Mariana
Islands,
after Guam,
.
Technical assistance program
In general
The Secretary of the Interior, in consultation with the
Governor of the Commonwealth, the Secretary of Labor, and the Secretary of
Commerce, and as provided in the Interagency Agreements required to be
negotiated under section 6(a)(4) of the Joint Resolution entitled A
Joint Resolution to approve the
, approved March 24, 1976
(Public Law 94–241), as added by subsection (a), shall provide—Covenant To Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United States of
America
, and for other purposes
technical assistance and other support to the Commonwealth to identify opportunities for, and encourage diversification and growth of, the economy of the Commonwealth;
technical assistance, including assistance in recruiting, training, and hiring of workers, to assist employers in the Commonwealth in securing employees first from among United States citizens and nationals resident in the Commonwealth and if an adequate number of such workers are not available, from among legal permanent residents, including lawfully admissible citizens of the freely associated states; and
technical assistance, including assistance to identify types of jobs needed, identify skills needed to fulfill such jobs, and assistance to Commonwealth educational entities to develop curricula for such job skills to include training teachers and students for such skills.
Consultation
In providing such technical assistance under paragraph (1), the Secretaries shall—
consult with the Government of the Commonwealth, local businesses, regional banks, educational institutions, and other experts in the economy of the Commonwealth; and
assist in the development and implementation of a process to identify opportunities for and encourage diversification and growth of the economy of the Commonwealth and to identify and encourage opportunities to meet the labor needs of the Commonwealth.
Cost-sharing
For the provision of technical assistance or support under this paragraph (other than that required to pay the salaries and expenses of Federal personnel), the Secretary of the Interior shall require a non-Federal matching contribution of 10 percent.
Operations
Establishment
At any time on and after the date of enactment of this Act, the Attorney General, Secretary of Homeland Security, and the Secretary of Labor may establish and maintain offices and other operations in the Commonwealth for the purpose of carrying out duties under—
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); and
the transition
program established under section 6 of the Joint Resolution entitled A
Joint Resolution to approve the
, approved March 24, 1976
(Public Law 94–241), as added by subsection (a).Covenant to Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United States of
America
, and for other purposes
Personnel
To the maximum extent practicable and consistent with the satisfactory performance of assigned duties under applicable law, the Attorney General, Secretary of Homeland Security, and the Secretary of Labor shall recruit and hire personnel from among qualified United States citizens and national applicants residing in the Commonwealth to serve as staff in carrying out operations described in paragraph (1).
Conforming amendments to Public Law 94–241
Amendments
Public Law 94–241 is amended as follows:
In section 503 of the covenant set forth in section 1, by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
By striking section 506 of the covenant set forth in section 1.
In section 703(b) of the covenant set forth
in section 1, by striking quarantine, passport, immigration and
naturalization
and inserting quarantine and
passport
.
Effective date
The amendments made by paragraph (1) shall take effect on the transition program effective date described in section 6 of Public Law 94–241 (as added by subsection (a)).
Reports to Congress
In general
Not later than March 1 of the first year that is at least
2 full years after the date of enactment of this subtitle, and annually
thereafter, the President shall submit to the Committee on Energy and Natural
Resources and the Committee on the Judiciary of the Senate and the Committee on
Natural Resources and the Committee on the Judiciary of the House of
Representatives a report that evaluates the overall effect of the transition
program established under section 6 of the Joint Resolution entitled A
Joint Resolution to approve the
, approved March 24, 1976
(Public Law 94–241), as added by subsection (a), and the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) on the Commonwealth.Covenant To Establish a Commonwealth of
the Northern Mariana Islands in Political Union with the United States of
America
, and for other purposes
Contents
In addition to other topics otherwise required to be included under this subtitle or the amendments made by this subtitle, each report submitted under paragraph (1) shall include a description of the efforts that have been undertaken during the period covered by the report to diversify and strengthen the local economy of the Commonwealth, including efforts to promote the Commonwealth as a tourist destination. The report by the President shall include an estimate for the numbers of nonimmigrant workers described under section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) necessary to avoid adverse economic effects in Guam and the Commonwealth.
GAO report
The Government Accountability Office shall submit a report to the Congress not later than 2 years after the date of enactment of this Act, to include, at a minimum, the following items:
An assessment of the implementation of this subtitle and the amendments made by this subtitle, including an assessment of the performance of Federal agencies and the Government of the Commonwealth in meeting congressional intent.
An assessment of the short-term and long-term impacts of implementation of this subtitle and the amendments made by this subtitle on the economy of the Commonwealth, including its ability to obtain workers to supplement its resident workforce and to maintain access to its tourists and customers, and any effect on compliance with United States treaty obligations mandating non-refoulement for refugees.
An assessment of the economic benefit of
the investors grandfathered
under subsection (c) of section 6 of
the Joint Resolution entitled A Joint Resolution to approve the
, approved March 24, 1976 (Public Law 94–241), as added by
subsection (a), and the Commonwealth’s ability to attract new investors after
the date of enactment of this Act.Covenant To Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America
, and for other
purposes
An assessment of the number of illegal aliens in the Commonwealth, including any Federal and Commonwealth efforts to locate and repatriate them.
Reports by the local government
The Governor of the Commonwealth may submit an annual report to the President on the implementation of this subtitle, and the amendments made by this subtitle, with recommendations for future changes. The President shall forward the Governor’s report to the Congress with any Administration comment after an appropriate period of time for internal review, provided that nothing in this paragraph shall be construed to require the President to provide any legislative recommendation to the Congress.
Report on Federal personnel and resource requirements
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, after consulting with the Secretary of the Interior and other departments and agencies as may be deemed necessary, shall submit a report to the Committee on Natural Resources, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives, and to the Committee on Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate, on the current and planned levels of Transportation Security Administration, United States Customs and Border Protection, United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services, and United States Coast Guard personnel and resources necessary for fulfilling mission requirements on Guam and the Commonwealth in a manner comparable to the level provided at other similar ports of entry in the United States. In fulfilling this reporting requirement, the Secretary shall consider and anticipate the increased requirements due to the proposed realignment of military forces on Guam and in the Commonwealth and growth in the tourism sector.
Required actions prior to transition program effective date
During the period beginning on the date of enactment of this Act and ending on the transition program effective date described in section 6 of Public Law 94–241 (as added by subsection (a)), the Government of the Commonwealth shall—
not permit an increase in the total number of alien workers who are present in the Commonwealth as of the date of enactment of this Act; and
administer its nonrefoulement protection program—
according to the
terms and procedures set forth in the Memorandum of Agreement entered into
between the Commonwealth of the Northern Mariana Islands and the United States
Department of Interior, Office of Insular Affairs, executed on September 12,
2003 (which terms and procedures, including but not limited to funding by the
Secretary of the Interior and performance by the Secretary of Homeland Security
of the duties of Protection Consultant
to the Commonwealth,
shall have effect on and after the date of enactment of this Act), as well as
CNMI Public Law 13–61 and the Immigration Regulations Establishing a Procedural
Mechanism for Persons Requesting Protection from Refoulement; and
so as not to remove or otherwise effect the involuntary return of any alien whom the Protection Consultant has determined to be eligible for protection from persecution or torture.
Conforming amendments to the Immigration and Nationality Act
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
in
section 101(a)(15)(D)(ii), by inserting or the Commonwealth of the
Northern Mariana Islands
after Guam
each time such term
appears;
in section
101(a)(36), by striking and the Virgin Islands of the United
States
and inserting the Virgin Islands of the United States,
and the Commonwealth of the Northern Mariana Islands
;
in section
101(a)(38), by striking and the Virgin Islands of the United
States
and inserting the Virgin Islands of the United States,
and the Commonwealth of the Northern Mariana Islands
;
in section 208, by adding at the end the following:
Commonwealth of the Northern Mariana Islands
The provisions of this section and section 209(b) shall apply to persons physically present in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth (whether or not at a designated port of arrival and including persons who are brought to the Commonwealth after having been interdicted in international or United States waters) only on or after January 1, 2014.
; and
in section 235(b)(1), by adding at the end the following:
Commonwealth of the Northern Mariana Islands
Nothing in this subsection shall be construed to authorize or require any person described in section 208(e) to be permitted to apply for asylum under section 208 at any time before January 1, 2014.
.
Availability of other nonimmigrant professionals
The requirements of section 212(m)(6)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(m)(6)(B)) shall not apply to a facility in Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands.
Further amendments to Public Law 94–241
Public Law 94–241, as amended, is further
amended in section 4(c)(3) by striking the colon after Marshall
Islands
and inserting the following: , except that $200,000 in
fiscal year 2009 and $225,000 annually for fiscal years 2010 through 2018 are
hereby rescinded; Provided, That the amount rescinded shall be increased by the
same percentage as that of the annual salary and benefit adjustments for
Members of Congress
.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.
Effective date
In general
Except as specifically provided in this section or otherwise in this subtitle, this subtitle and the amendments made by this subtitle shall take effect on the date of enactment of this Act.
Amendments to the Immigration and Nationality Act
The amendments to the Immigration and Nationality Act made by this subtitle, and other provisions of this subtitle applying the immigration laws (as defined in section 101(a)(17) of Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to the Commonwealth, shall take effect on the transition program effective date described in section 6 of Public Law 94–241 (as added by section 702(a)), unless specifically provided otherwise in this subtitle.
Construction
Nothing in this subtitle or the amendments made by this subtitle shall be construed to make any residence or presence in the Commonwealth before the transition program effective date described in section 6 of Public Law 94–241 (as added by section 702(a)) residence or presence in the United States, except that, for the purpose only of determining whether an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) has abandoned or lost such status by reason of absence from the United States, such alien’s presence in the Commonwealth before, on, or after the date of enactment of this Act shall be considered to be presence in the United States.
Northern Mariana Islands Delegate
Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands
The Commonwealth of the Northern Mariana Islands shall be represented in the United States Congress by the Resident Representative to the United States authorized by section 901 of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (approved by Public Law 94–241 (48 U.S.C. 1801 et seq.)). The Resident Representative shall be a nonvoting Delegate to the House of Representatives, elected as provided in this subtitle.
Election of Delegate
Electors and time of election
The Delegate shall be elected—
by the people qualified to vote for the popularly elected officials of the Commonwealth of the Northern Mariana Islands; and
at the Federal general election of 2008 and at such Federal general election every 2d year thereafter.
Manner of election
In General
The Delegate shall be elected at large and by a plurality of the votes cast for the office of Delegate.
Effect of Establishment of Primary Elections
Notwithstanding paragraph (1), if the Government of the Commonwealth of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, provides for primary elections for the election of the Delegate, the Delegate shall be elected by a majority of the votes cast in any general election for the office of Delegate for which such primary elections were held.
Vacancy
In case of a permanent vacancy in the office of Delegate, the office of Delegate shall remain vacant until a successor is elected and qualified.
Commencement of term
The term of the Delegate shall commence on the 3d day of January following the date of the election.
Qualifications for Office of Delegate
To be eligible for the office of Delegate a candidate shall—
be at least 25 years of age on the date of the election;
have been a citizen of the United States for at least 7 years prior to the date of the election;
be a resident and domiciliary of the Commonwealth of the Northern Mariana Islands for at least 7 years prior to the date of the election;
be qualified to vote in the Commonwealth of the Northern Mariana Islands on the date of the election; and
not be, on the date of the election, a candidate for any other office.
Determination of election procedure
Acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, the Government of the Commonwealth of the Northern Mariana Islands may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a permanent vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for in this subtitle.
Compensation, privileges, and immunities
Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from the Commonwealth of the Northern Mariana Islands shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to any other nonvoting Delegate to the House of Representatives.
Lack of effect on covenant
No provision of this subtitle shall be construed to alter, amend, or abrogate any provision of the covenant referred to in section 711 except section 901 of the covenant.
Definition
For purposes of this subtitle, the term Delegate means the Resident Representative referred to in section 711.
Conforming amendments regarding appointments to military service academies by Delegate from the Commonwealth of the Northern Mariana Islands
United States Military Academy
Section
4342(a)(10) of title 10, United States Code, is amended by striking
resident representative
and inserting Delegate in
Congress
.
United States Naval Academy
Section
6954(a)(10) of such title is amended by striking resident
representative
and inserting Delegate in
Congress
.
United States Air Force Academy
Section
9342(a)(10) of such title is amended by striking resident
representative
and inserting Delegate in
Congress
.
Compacts of Free Association Amendments
Approval of Agreements
In general
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
.
Effective date
The amendments made by subsection (a) shall be effective as of April 30, 2008.
Funds to facilitate Federal activities
Unobligated amounts appropriated before the date of enactment of this Act pursuant to section 105(f)(1)(A)(ii) of the Compact of Free Association Amendments Act of 2003 shall be available to both the United States Agency for International Development and the Federal Emergency Management Agency to facilitate each agency’s activities under the Federal Programs and Services Agreements.
Conforming amendment
In general
Section 105(f)(1)(A) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(A)) is amended to read as follows:
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, provided that all
activities carried out by the United States Agency for International
Development and the Federal Emergency Management Agency under Article X of the
Federal Programs and Services Agreements may be carried out notwithstanding any
other provision of law. In the sections referred to in this clause, the term
United States Agency for International Development, Office of Foreign
Disaster Assistance shall be construed to mean the United States
Agency for International Development
.
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.
.
Effective date
The amendments made by subsection (a) shall be effective as of April 30, 2008.
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
.
Transfer of naval vessels to certain foreign recipients
Transfers by grant
The President is authorized to transfer vessels to foreign countries on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as follows:
Turkey
To the Government of Turkey—
the OLIVER HAZARD PERRY class guided missile frigates GEORGE PHILIP (FFG–12) and SIDES (FFG–14); and
the OSPREY class minehunter coastal ship BLACKHAWK (MHC–58).
Lithuania
To the Government of Lithuania, the OSPREY class minehunter coastal ships CORMORANT (MHC–57) and KINGFISHER (MHC–56).
Transfers by sale
The President is authorized to transfer vessels to foreign recipients on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761), as follows:
Taiwan
To the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY class minehunter coastal ships ORIOLE (MHC–55) and FALCON (MHC–59).
Turkey
To the Government of Turkey, the OSPREY class minehunter coastal ship SHRIKE (MHC–62).
Grants not counted in annual total of transferred excess defense articles
The value of a vessel transferred to a recipient on a grant basis pursuant to authority provided by subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516(g) of the Foreign Assistance Act of 1961.
Costs of transfers
Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient.
Repair and refurbishment in United States shipyards
To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed before the vessel joins the naval forces of the recipient performed at a shipyard located in the United States, including a United States Navy shipyard.
Expiration of authority
The authority to transfer a vessel under this section shall expire at the end of the 2-year period beginning on the date of enactment of this Act.
December 14, 2007
Read the second time and placed on the calendar